2012 Syrian constitutional referendum explained

2012 Syrian constitutional referendum
Country:Syria
Yes:7490319
No:753208
Invalid:132920
Total:8376447
Electorate:14589954

A constitutional referendum was held in Syria on 26 February 2012. In response to the Syrian Civil War, President Bashar al-Assad ordered a new constitution to be drafted.[1] The referendum was not monitored by foreign observers.[2]

Background

See main article: Syrian Civil War. The new constitution would set a limit of two seven-year terms for future presidents and also removed Article 8 of the constitution of Syria, which stated that "the Arab Socialist Ba'ath Party leads the state and society."[3]

Issues

Political parties

The new constitution removes the de jure Ba'ath Party monopoly over the political life of Syria. The text also prohibits the formation of political parties on an ethnic, religious, regional or tribal basis.[4] However, any planned political party must get the government's permission and approval before it is to be formed.[5]

Presidency

According to the new constitution, presidential elections are held every seven years. They are intended to be contested by several candidates, unlike the old form of election in which a single candidate was approved or rejected.[4]

The conditions required to be candidate at the presidential election are the following:

  1. A candidate must have the support of 35 members of the parliament
  2. A candidate must be 40 years old or more
  3. A candidate must have lived in Syria for 10 years before the election
  4. A candidate must be Syrian by birth, of parents who are Syrians by birth
  5. A candidate must not be married to a non-Syrian spouse

Economy

Syria will no longer be a planned socialist economy but will focus on the principle of developing public and private economy in order to boost the national income and to develop the production to create jobs and raise the standard of living. The constitution states that development is the goal of all economics of policy and that consumers and producers are protected. Private property is protected and can only be confiscated for necessities of war and disasters and only for a fair compensation.[6]

Religion and culture

The new constitution says that the state respects and protects all religions, but reaffirms that Islamic jurisprudence is a major source of inspiration, like in the old constitution.[4] The new constitution states that scientific research is supported by the state and the freedom of scientific research, artistic creation, literature and cultural creativity are protected.[6]

Rights and freedom

The new constitution forbids any discrimination on the grounds of sex, origin, religion or language.[6] National unity, integrity and military service are considered a "sacred duty" while freedom is considered a sacred right.[6]

Campaign

In the weeks leading up to the referendum, public television hosted discussions about the new constitution and informed citizens how to vote.[7]

The main foreign-based opposition group, the SNC, opposed the proposed constitution and called for a boycott.[8] The Syrian opposition in exile described the new constitution as fraudulent and the referendum as a farce. It pointed out that the Syrian government had never respected the old constitution, which enshrines freedom of speech and peaceful demonstrations and bans torture.[9]

Conduct

Due to the ongoing fighting in Syria, questions were raised over the organization of the vote in the cities of Homs, Hama, Daraa and in the northern province of Idlib, which are areas held by the rebellion. Voters present in these areas were not able to take part in the referendum unless they traveled to government-held areas.

14.6 million Syrians were eligible to vote,[4] in 14,185 polling stations which were open from 7:00-19:00.[10] Multiple polling stations were set up in each district and neighborhood of central Damascus.

At midday, the interior ministry announced that the referendum was going smoothly in most of the provinces.[11] The interior minister, Maj. Gen. Mohammad Ibrahim al-Shaar, announced that the turnout was "high except in some areas despite threats and intimidation from armed groups." He called the participation in central Damascus "remarkable."[11] [12]

Canadian-based Global News reported that the turnout was high in pro-Assad neighbourhoods or areas with a high security presence, but made note that areas which have held anti-government protests had a very low turnout. They also suggested that though a portion of the voters were opposed to the government, there was also a belief that the referendum would be "a step in the right direction." It also suggested that in pro-government neighbourhood there was pressure to vote and pressure to boycott the vote in anti-government neighbourhoods.[13]

President Bashar al-Assad voted with his wife Asma at a voting centre located at the headquarters of the national television where he was cheered by their employees.[14] A crowd of Assad supporters in Damascus showed their support for the referendum.[15]

Results

With a voter turnout of 57.4% and 89.4% voting in favour, the new constitution was adopted.[16] President Al-Assad signed the new constitution into force on 27 February 2012.[17]

International reactions

Notes and References

  1. Web site: Article . canada.com . 2012-07-23 . dead . https://web.archive.org/web/20130225062532/http://www2.canada.com/news/syria+hold+referendum+constitution/6149513/story.html . 2013-02-25 .
  2. Web site: Syria referendum called "a sham" . GlobalPost . 2012-02-27 . 2012-07-23 . 28 February 2012 . https://web.archive.org/web/20120228134928/http://www.globalpost.com/dispatch/news/regions/middle-east/120227/syria-referendum-constitution-vote-assad-protests-crackdown-homs . live .
  3. News: Syria to hold referendum on new constitution . BBC News . 15 February 2012 . 20 June 2018 . 15 February 2012 . https://web.archive.org/web/20120215171302/https://www.bbc.co.uk/news/world-middle-east-17040392 . live .
  4. News: Factbox: Referendum on Syria's new constitution . Reuters . 25 February 2012 . 5 July 2021 . 16 May 2021 . https://web.archive.org/web/20210516210128/https://www.reuters.com/article/us-syria-constitution-idUSTRE81O0BT20120225 . live .
  5. News: Syria says referendum results coming Monday; vote punctuated by new violence . CNN . 26 February 2012 . 26 February 2012 . 22 March 2018 . https://web.archive.org/web/20180322003308/https://www.cnn.com/2012/02/26/world/meast/syria-unrest/index.html . live .
  6. http://www.sana.sy/eng/370/2012/02/28/401178.htm Constitution of the Syrian Arab Republic Approved in Popular Referendum on February 27, 2012
  7. Web site: Syria holds vote on constitution. 26 February 2012. 29 February 2012. The Daily Star.
  8. Web site: Lebanon news - NOW Lebanon -What's in a vote? . NOW Lebanon . 2012-02-24 . 2012-07-23 . https://web.archive.org/web/20120313071904/http://www.nowlebanon.com/NewsArticleDetails.aspx?ID=368847&MID=0&PID=0 . 2012-03-13 . dead .
  9. News: Syria votes on new constitution referendum amid unrest . BBC News . 26 February 2012 . 20 June 2018 . 12 October 2017 . https://web.archive.org/web/20171012083727/http://www.bbc.co.uk/news/world-middle-east-17168730 . live .
  10. Web site: Syrian Arab News Agency: SANA, Damascus Syria - syria news . Syrian Arab news agency - SANA - Syria : Syria news . Sana.sy . 2012-02-26 . 2012-07-23 . https://web.archive.org/web/20120413160341/http://www.sana.sy/eng/21/2012/02/26/402713.htm . 2012-04-13 . dead .
  11. Web site: Syrian Arab News Agency: SANA, Damascus Syria - syria news . Syrian Arab news agency - SANA - Syria : Syria news . Sana.sy . 2012-02-26 . 2012-07-23 . dead . https://web.archive.org/web/20120414100029/http://www.sana.sy/eng/21/2012/02/26/402743.htm . 2012-04-14 .
  12. Web site: Syrian Arab News Agency: SANA, Damascus Syria - syria news . Syrian Arab news agency - SANA - Syria : Syria news . Sana.sy . 2012-02-27 . 2012-07-23 . dead . https://web.archive.org/web/20120228232201/http://www.sana.sy/eng/21/2012/02/27/402978.htm . 2012-02-28 .
  13. Web site: Ben Hubbard . Zeina Karam . Zeina Karam . Global News | West dismisses Syrian referendum on new constitution as 'farce' . https://archive.today/20130115102747/http://www.globalnews.ca/world/west+calls+syrian+referendum+a+sham+activists+say+29+more+killed+in+crackdown/6442588716/story.html . dead . 2013-01-15 . Globalnews.ca . 2012-02-26 . 2012-07-23 .
  14. Web site: Lebanon news - NOW Lebanon -Assad, wife vote in Syria referendum . NOW Lebanon . 2012-02-26 . 2012-07-23 . https://web.archive.org/web/20120228122811/http://www.nowlebanon.com/NewsArticleDetails.aspx?ID=369426 . 28 February 2012 . dead .
  15. Web site: Syrian Arab News Agency: SANA, Damascus Syria - syria news . Syrian Arab news agency - SANA - Syria : Syria news . Sana.sy . 2012-02-26 . 2012-07-23 . https://web.archive.org/web/20120413162038/http://www.sana.sy/eng/21/2012/02/26/402756.htm . 2012-04-13 . dead .
  16. Web site: Interior Ministry: 89.4% of the 8,376,447 Voters Agreed to New Constitution. 28 February 2012. 28 February 2012. Syrian Arab News Agency. https://web.archive.org/web/20120301235432/http://sana.sy/eng/21/2012/02/28/402978.htm. 1 March 2012. dead.
  17. Web site: Presidential Decree on Syria's New Constitution. 28 February 2012. 28 February 2012. Syrian Arab News Agency. 29 February 2012. https://web.archive.org/web/20120229225906/http://www.sana.sy/eng/21/2012/02/28/403103.htm. dead.
  18. Web site: Russia welcomes Syrian referendum outcome. 27 February 2012. 28 February 2012. The Voice of Russia. https://web.archive.org/web/20120228232450/http://english.ruvr.ru/2012_02_27/67032805/. 28 February 2012. dead.

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