From State Control to Safeguarding Independence: Essential Safeguards for Syria’s New Law on Associations
This position paper addresses the drafting of Syria's new law on associations, which presents a critical opportunity to move beyond the restrictive, state-control approach that characterised Law No. 93 of 1958 and its amendments under the former regime. The paper identifies essential safeguards that the new law must guarantee to ensure compliance with Syria's constitutional and international obligations, including freedom to form associations, protection of unregistered entities, organisational and administrative independence, access to funding and resources without prior approval, limited and transparent oversight, proportionate sanctions, and dissolution only by judicial order. The paper further outlines thirteen legislative pitfalls that would recreate an apparatus of state control over civil society, including requiring security approval, subjecting activities to individual approvals, granting executive authorities broad discretionary powers, and allowing administrative dissolution. Recommendations call for publishing the full draft law for public consultation, referring it to the Supreme Constitutional Court for an opinion, repealing Law No. 93 and inconsistent regulations, establishing a unified civilian registration system, and ensuring effective judicial review of all administrative decisions affecting associations.