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Constitution of Rojava

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Constitution of Rojava

The Constitution of Rojava or Constitution of the Rojava Cantons, officially titled Charter of the Social Contract, is the provisional constitution of the self-proclaimed autonomous region of Syria known as Rojava. It was adopted on 29 January 2014, when the Democratic Union Party (PYD), claiming to represent the Rojavans, declared the three Rojavan cantons it controls autonomous from the Syrian government. Article 12 states Rojava remains an "integral part of Syria", tentatively implementing an expected future federal Syrian governance in its Rojavan part.

Contents

The constitution has gained much international attention and is most noted for its explicit affirmation of minority rights and gender equality and a form of direct democracy known as Democratic Confederalism.

On 27–28 June 2016, the executive committee to organise a constitution for the region, to replace the 2014 constitution, presented its draft.

Background

When the Syrian Civil War broke out in 2011, the Syrian Kurdish parties avoided taking sides. When Syrian government forces retreated in mid-2012 to fight the mostly Arab rebels elsewhere, Kurdish groups gradually took control. On 12 July 2012, the two main political alliances in Rojava, the Democratic Union Party (PYD) and the Kurdish National Council (KNC) formed Kurdish Supreme Committee (KSC) as the overarching governing body of all three self-proclaimed cantons of Afrin, Kobane and Jazira. A committee was appointed to write a transitional constitution. The PYD and its armed wing People's Protection Units (YPG) soon became the dominant force, trying to establish one-party governance in November 2013, but in January 2014 it agreed to form a coalition government with the KNC.

Preamble

Text of the preamble:

We the peoples of Rojava: Syria's Kurds, Arabs, Assyrians, Turkmen and Armenians, Chechens, Circassians, Muslims and Christians and Yezidis and various others, our communities are aware that the nation-state, which has brought the problems and crises of acute and tragedies of our people, not least because of the suffering of the Syrian people the various components of the injustice and gore system Alqama totalitarian Central authoritarian, and the case that relate to the country from the rubble and tear in the social fabric, and make up Kurdistan and Mesopotamia and Syria today chaos taking place in the Middle East and that have plagued the governments of totalitarian dictatorship Center.

Therefore, we find that the democratic federal system is the best system to address the historical, social and national issues in the Western Kurdistan, Beth Nahrin, and Syria, which ensures the participation of all individuals and groups on an equal footing in the discussion and decision, implementation, and taking into account the different ethnic and religious according to the characteristics of each organized group on the basis of co-existence and brotherhood peoples, and equality of all peoples in rights and duties, and the Foundation on a geographical concept and the decentralization of political and administrative within a unified Syria, and respect for human rights charters and the preservation of civil peace and global.

Under a democratic federal system will be all the people sliced their organizations democracy and its institutions, led by women and youth and the exercise of all political and social activities freely and enjoy all the advantages offered by life peerage free and equal that.

General Principles (Articles 1 – 12)

The section "I General Principles" lists general principles. Article 4 lists the structure of the government. Article 3 and 5 lists the administrative centers of each canton. Article 12 confirms Rojava as an integral part of Syria.

Basic Principles (Articles 13 – 20)

The section "II General Principles" contains basic principles. Article 15 declares the Syrian Democratic Forces (SDF) as the sole military force of Rojava.

Rights and Liberties (Articles 21 – 44)

The section "III Rights and Liberties" lists rights and liberties. Article 21 refers to the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights.

Legislative Assembly (Articles 45 – 53)

The section "IV Legislative Assembly" outlines the responsibilities of the Legislative Assembly.

Executive Council (Articles 54 – 62)

The section "V Executive Council" outlines the responsibilities of the Executive Council.

Judicial Council (Articles 63 – 75)

The section "VI Judicial Council" outlines the responsibilities of the Judicial Council.

Higher Commission of Elections (Article 76)

The section "VII Higher Commission of Elections" outlines the responsibilities of the Higher Commission of Elections.

Supreme Constitutional Court (Articles 77 – 80)

The section "VIII Supreme Constitutional Court" outlines the responsibilities of the Supreme Constitutional Court.

General Rules (Articles 81 – 96)

The section "IX General Rules" lists general rules including criteria for constitutional amendment and martial law. Article 95 lists the bodies of the executive council:

  1. Body of Foreign Relations
  2. Body of Defense
  3. Body of Internal Affairs
  4. Body of Justice
  5. Body of Cantonal and Municipal Councils and affiliated to it Committee of Planning and Census
  6. Body of Finance, and affiliated to it a)-Committee on Banking Regulations. b)- Committee of Customs and Excise.
  7. Body of Social Affairs
  8. Body of Education
  9. Body of Agriculture
  10. Body of Energy.
  11. Body of Health
  12. Body of Trade and Economic Cooperation
  13. Body of Martyrs and Veterans Affairs
  14. Body of Culture
  15. Body of Transport
  16. Body of Youth and Sports
  17. Body of Environment, Tourism and Historical Objects
  18. Body of Religious Affairs
  19. Body of Family and Gender Equality
  20. Body of Human Rights.
  21. Body of Communications
  22. Body of Food Security

References

Constitution of Rojava Wikipedia