MESOP DOCUMENT : The Paragraphs of Self-Management in Rojava (West Kurdistan – Syria)
Charter of the social contract / Official Document
Preface : We the peoples of the areas of self-administration of Democratic Kurds, Arabs and Assyrians (Assyrian Chaldeans, Arameans), Turkmen, Armenians, and Chechens, by our free will have announced this to materialize justice, freedom and democracy in accordance with the principle of ecological balance and equality without discrimination on the basis of race, religion, creed ,doctrine or gender, to achieve the political and moral fabric of a democratic society in order to function with mutual understanding and coexistence within diversity and respect for the principle of self-determination of peoples, and to ensure the rights of women and children, the protection defense and the respect of the freedom of religion and belief.
The areas of the democratic self-management, does not accept the concept of state nationalism, military and religious. It accepts the centralized management , central rule and it is open to the forms of compatibility with the democratic and pluralistic traditions, to enable all social groups , cultural identities , the Athenian and national to express themselves through their organizations, and respect the Syrian border and human rights charters and preserve civil and international peace. And to carry out the articles of the social contract , and to construct the democratic society through the self-management which includes the social justice , and in order to build the civil society ,all the goals of the consistent of Kurds, Arabs , Assyrians, Armenians, Chechens and others , the democratic self-management society have united according to the basis of unity in diversity, and has agreed to the will of the rest of the Syrian People’s constituents in order to make the areas of the Democratic Self- Management within the democratic multiple Syria as a political and administrative system for society and to represent this will and achieve these goals we have put and clarified this contract.
This contract is called the Charter of social contract to the democratic self-management (in the provinces of AL Jazera –Koubany -Afrin), the preamble to the social contract of democratic self-mangment are an integral part of this contract
A. people are the source of authorities and the sovereignty exercised through institutions and elected assemblies, and not to any contradiction of the social contract of the democratic self-management .
B-The source and basis of the legitimacy of the people’s councils and administrative bodies in society is based on the democratic principle and does not account for any individual or unique group in its location.
a- Syria is a free democratic independent country, with a pluralistic, federal parliamentary compromise system.
b-provinces of democratic autonomy are (Al-jezera , Kobanay , Afrin) .And they are part of Syria geographically .The city of Qameshlo is the Center of the democratic self –mangment in Al-jezera province.
c- The Province of Al-jezera is shared among Arabs , Kurds , Assyrians, Armenians, Chechens, and adherents of Islam ,Christianity and azidet . The relationship between the nationalities and religions is on the principle of fraternity ,partnership and coexistence.
The Structure of The Democratic Self –Mangment in the province.
1-The Legislative Council 2- The executive council 3- The judicial council 4- The higher Commission of elections
2. the Supreme Constitutional Court. 5. The local councils
The city of Qamishlo is the centre of Al-jezera district and its administration.
All members and democratic mangment’s are equal in front of the law in their rights and duties.
Any city or geographical area in Syria has the right to join the democratic mangment county , after accepting the social contract.
ِِAll the counties of The Democratic self – mangment have the right in directing the local affairs and form its administration and departments by its own free will, and exercise all rights in a manner consistent with the articles of the social contract of democratic self – mangment .
The official languages of the Al-jezera province is Kurdish, Arabic, Assyrians with ensuring education for children of other components in their mother tongue.
The Democratic self-management departments bind not to interfere in the internal affairs of other States, and take into account the principles of good neighborhoods and work on solving conflicts peacefully.
Areas of Democratic self – management have a flag , a logo and an anthem which are defined by a law.
This self – management is a model of the administration of the democratic autonomy in Syria, and is part of the future Syria which must be based on the system of political decentralization, considering that federalism is the best political system for Syria, and regulating the relationship between the Department and the Centre on this basis.
This contract ensures the principle of the separation of legislative, judicial and executive authorities .
Based self – management binds the principle of transitional justice by removing all the projects and policies of discrimination against the population of the Department, left by successive Governments and dictatorships, and compensate them fair compensation.
People Protection Units is the only national institution responsible for defending the territorial integrity and sovereignty of the provinces, and is serving people’s welfare, and the protection of its national security, taking the legal right as a principle and defining its mission and its relationship with the central forces act according to a law taken by the Legislative Council of the self – management , supporting civil departments to face any serious internal security public order if necessary. And issuing orders to units by the General command of the people’s protection units.
The areas of The Democratic self-management has the internal body represented by the public administration of Al -asaish.
The text prohibits laws to fortify any act or administrative decision of judicial oversight.
The Charter of the social contract ensures that the effective participation of youth in political and administrative life is ensured in all laws.
There is no crime and no punishment without a legal text.
There is no tax and no draw without a legal text.
The Covenants and international conventions for human rights are an essential part and complements this contract .
Rights and freedoms:
The self-management ensures the human rights and his supreme values in accordance with the international covenants and conventions, and considers freedom the most precious thing that human individuals and groups own
The Department adopts the International Bill of human rights, the International Covenant on Civil and political rights and the cultural, social, economic and other relevant instruments as an integral part of this Charter.
A-All have the right to life according to the birth identity (ethnic, religious, ideological, traditional sexist , cultural , linguistic( .
B-everyone has the right to life which is commensurate with the environmental balance in the community.
Every individual or group has the freedom of opinion, thought, conscience, and expression of itself, as long as they do not exceed the ethical community structure and does not endanger civil peace and do not aim at exclusion and hegemony.
A. The personal liberty is inviolable and no one may be arrested.
B-Human dignity shall not be tortured mentally or physically and that who does that will be punished himself.
Providing a decent life for the prisoners to make prison a place for rehabilitation and reform not a place for punishment.
The right to life is fundamental and inviolable in this contract under which the death penalty is abolished.
Women have the right to exercise political, social, economic, cultural and all areas of life.
Women have the right to organize themselves, and eliminate all forms of discrimination on grounds of gender.
This contract ensures the right of children, prevent child labour , exploiting and torturing them psychologically and physically, and marrying them at a young age.
This contract guarantees every citizen:
1- The right to security, safety and stability.
2- Free and compulsory education at the elementary level .
3- The right to work and adequate housing, social security and health.
4- The protection of motherhood and childhood.
5- Ensuring the health and social care for disabled people , the elderly and people with special needs.
All citizens have free religion and belief, and should not be politicized and used as a tool to instigate and sow discord.
A. This contract ensures the right to form parties and associations, trade unions, civil society organizations and membership in accordance with the laws governing them.
-This contract ensures the protection of social and cultural diversity of the population management, and enriches the culture of social and political freedoms and of economic activities.
The religion alyazidet ,is a religion by it self and is followed only the right to rate regulation of social life, religious and personal status laws.
This contract guarantees freedom of media, press, publishing, and organizes its work.
Citizens have freedom of expression and peaceful protest and strike in accordance to the law.
Everyone is free to access to information , knowledge and artistic activities.
Everyone has a right to vote and to stand for all organizations, institutions and this shall be regulated by a law.
Every human being has the right to seek asylum and refugee politics, and he may not be returned without his consent.
This contract guarantees the principle of equal opportunities for all citizens of democratic management.
Wealth and natural resources are public wealth of the society and its investment and management and treating conditions are regulated by a law.
Land and public properties in the areas of democratic management belong to people and how to deal with and invest them is regulated by a law.
Everyone has the right to own property and private possession is protected, and nobody is deprived one dealing with it except in accordance with the law and it is not eviscerated except for the public benefit requirement but under the condition of compensation, fair compensation if he leaves his property.
The economic system in the areas of democratic management works on an equitable and sustainable global development based on the development of scientific and technological capabilities, which aim at ensuring the humanitarian needs and ensure a decent standard of living for all citizens, through the increasing production and efficiency, and ensure a participatory economy while promoting competition in accordance to the principle of democratic management “Each according to his work”, and prevent monopoly and apply social justice, ensuring the shapes of the national ownership of the means of production, and preserving the rights of workers and consumers, protecting environment and strengthening the national sovereignty.
Every citizen has the right to move and emigrate and the freedom to travel.
Enumerating the rights and freedoms in this contract should not be interpreted that it had been limited .
The Project of the Democratic Autonomy
The Legislative Council:
Article 45 :
The Supreme Legislature in the democratic management, is elected by the people by direct, secret ballot, and the duration of the course is / four / years.
The first meeting will be held on the 16th day following the announcement of the final results in all areas by the higher Commission of elections and the President of the temporary Executive Council convened the first meeting of the elected Legislative Council, and if the first meeting is not held for compelling reasons, the President of the temporary Executive Council determines another date to be held during fifteen days, and the quorum will be attained by (50 +1) attendants (fifty plus one) of the total, and the oldest member of the Legislative Council chairs the first meeting where the sharing presidency and the co-chairs and are elected. The meetings are public unless necessity demands another thing according to what its rules of procedure stipulate.
The number of members of the Legislative Council is one member for every fifteen thousand population representing all regions ,towns and villages in the areas of self-management, in proportion not less than 40% (forty percent) of the sexes according to the election law which takes into account of the positive discrimination of Syriac component representation, and the representation of youth in the election lists.
1-. No member of the Legislative Council elected has the right to run for more than two consecutive terms.
2-. Legislative Council may be extended in exceptional cases at the request of one quarter of the members or at the request of the Office of the President of the Council for six months and with the consent of two thirds of the members of the Council.
The voter age is not less than eighteen years, and the age of a candidate for Parliament is not less than 22 years, and conditions for candidacy and election are set in accordance to a special law.
The member of the council enjoys the parliamentary immunity during the time of his membership , and is not asked about the opinions he shows, and he may not be prosecuted legally without the authorization of the Council, except in case of flagrante crime and informing the Office of the Council.
The combination with the membership of the Council and any public, private, or any other profession is not allowed , and his job is suspended once he makes the constitutional oath, and he has the right to return to his job once his membership ends with retaining his full functionality rights.
For each of the provinces of the autonomous local councils are formed through direct elections.
The functions of the Legislative Council:
• Establish rules governing the work of the Council and restructuring it .
• Enact legislation and proposed regulations from the local committees and councils and organizations.
• Control over administrative and executive bodies and questioning them .
• Ratification of international agreements and treaties.
• Grants and no confidence in the Executive Council or one of its members.
• The Declaration of a State of war and peace.
• Ratification of the appointment of members of the Supreme Constitutional Court.
• Adoption of the general budget.
• Establish general policy and development plans.
• Approving and granting amnesty.
• Adoption of the statement by the Executive Board.
• Identify areas of democratic autonomy and the relationship between them and the Centre by a law.
The Executive Council
A. The provincial Governor and the Executive Council of democratic autonomy exercise the executive authority on behalf of the people within the limits set forth in the Charter of the social contract.
B- The candidate to the post of Governor of the province requires:
1. to be thirty-fifth-year completely.
2. to be Syrian and of the citizens of the regions of the province.
3. to enjoy civil rights and is governed by an offence prejudicial to honor and value received.
C –To run for the Governor of the province is as follows:
1-The President of the Legislative Council elected invites for the election of a Governor after the first meeting of the Legislative Council by 30 days.
2-Requests for nomination are applied to the Supreme Court, and are examined and a decision on their acceptance or not acceptance is put within 10 days after the deadline of registration.
3-The Legislative Council shall elect the Governor, the winner, the candidate who gets the position (50 + 1) of the number of members of the Legislative Council.
4-If no candidate receives the required majority is competition among the candidates obtaining the highest number of votes and a Governor who gets the most votes on the second ballot.
5- The term of Governor is four years from the date of its legal oath.
6-. The Governor’s says the legal oath in front of the Legislative Council before exercising his functions.
7-. The Governor called one Deputy or more, authorizing him, lead attorney oath before Governor after the legislature.
8- If any thing prevents the Governor to continue the exercise of his functions, one his deputies represents him.
9- In case the governor’s and his two deputies are empty for any reason , his tasks are given to the sharing presidency of the Legislative Council.
10- The Governor resigned in a letter addressed to the Legislative Council.
D-The ruler’s authorities and functions
1-The ruling ensures respect for the Charter of the social contract and the regular work of the public authorities and the protection of the national unity and sovereignty.
2-The Governor has to name the President of the Executive Council.
3-The Governor shall approve the laws approved by the Legislative Council, and issue decisions and orders and decrees in accordance with the law.
4- The Governor has to invite the newly elected Legislative Council to convene within fifteen days from the announcement of the election results.
5- The Governor has to grant medals.
6- The Governor has to declare a special forgiveness on the recommendation of the Executive Council .
E-the Governor is responsible in front of the people through his representatives in the Legislative Council. And the Legislative Council has the right to submit him to the Supreme Constitutional Court in the case of treason or onto an offence prejudicial or integrity desalination.
The Executive Council :
The Executive Council is the highest executive and administrative body in the Democratic self-management and is responsible in front of the Legislative Council in its scope and the implementation of the laws, resolutions, decrees issued by the Legislative Council and judicial institutions and coordinates work among the organizations of the self-management.
The Executive Council is consisted of a Chairman and a number of the Deputies and organizations.
The party or bloc winning a majority of seats in the Legislative Council are asked to form the Executive Council within one month from the date of assignment, and has to obtain the confidence of at least (50 + 1) of the members of the Legislative Council.
The Executive Council’s term is four years and it can not take more than two consecutive terms.
The President of the Executive Council may choose some advisers of the Legislative Council.
The Chancellor is the head of one of the bodies in the Executive Council.
The formation and organization of the work of the Department and the determination of the relationship between the departments and the other organizations is done in accordance with a law.
After the formation of the Executive Council and granting the trust it issues a report setting out its agenda for the next phase, and it is obliged to implement it during the session of the Executive Council after an approval by the Legislative Council.
The selection of staff in special grades of agents and representatives of democratic autonomy, is done through the nomination of the competent authority and the approval of the Executive Council and the Legislative Council.
Local administration Councils:
1- The districts of the democratic autonomy is consisted of administrative units and are preserved by the management and make the necessary adjustments when necessary.
2- The organization of the local administration units is based on the application of the principle of decentralization of powers and responsibilities, and shows the relationship of these units with the law of the administration of the province and the financial revenues and control over their work, as well as the manner of appointment or the election of its Presidents and their specializations and the specialisations of the Chairmen of its affairs .
3-Local administration units have to elect the councils, secretly and directly .
The Judicial Council:
The independence of the judiciary is the base of justice and represents the conscience and morals of society and ensures speedy disposition of cases by the competent courts.
The accused is innocent until proven guilty by a court concluded.
Gender representation in all institutions of the Judiciary Council is of not less than 40% (forty %).
The right of defense is sacred and inviolable at all stages of an investigation and trial.
The judge mayn’t be removed unless by a decision of the Court of Justice.
Judgments and judicial decisions are issued on behalf of the people.
A refrain from execution or implementation of a crime punishable by law.
Not trying civilians in front of military courts, and creating special or private courts.
No violation of housing and special places may not be searched except by judicial authorization.
Everyone has a right to a fair and public trial.
Detain personal freedom without clues is an offence punishable by law.
For each of the error or omission damaged as a result of the staff of the departments and institutions and administrative bodies while observing their right to claim equitable compensation in front of the competent courts.
The Judicial Council is regulated by law.
The higher Commission of elections
It is an independent body competent to regulate the deserving of public affairs and composed of a number of members in each province consisting of 18 members appointed by the Legislative Council.
1-decisions on The higher Commission of elections are made by eleven votes.
2-The members of this body can not candidate for the Legislative Council.
3- The higher Commission of elections election determines the dates and posting of elections, and receives requests of candidate for the Legislative Council who meet the requirements for nomination.
4-The Commission considers, as indicated in article 50 on the candidate to the Legislative Council for the purpose of certification of candidates, a judicial authority decide on election appeals submitted to it.
5-The work of the higher Commission of elections is done under the supervision of the Court and representatives of civil society organizations and observers from the United Nations if possible.
6- The High Commission invites candidates to the Electoral College at a determined declared date by this Commission , and declaring the accepted names for nomination of representatives of regions and localities to the Legislative Council, under the supervising of the Commission itself, assisted by the (Court of Justice).
The Supreme Constitutional Court:
A. It consists of seven members, one of whom is a Chairman, proposed by the Presidency of the Legislative Council, and their competence, experience and integrity of judges, law professors and lawyers, with practical experience not less than fifteen years.
B-it is not permissible to combine membership of the Supreme Constitutional Court and took the Executive or legislature, the law specifies other acts which cannot be combined with the membership of the Court.
c-The duration of the membership of the Supreme Constitutional Court is four years renewable once.
The functions of the Supreme Constitutional Court
1-The interpretation of the principles of the Constitution.
2- Consideration of the constitutionality of laws enacted by the Legislative and Executive Councils decisions.
3-Disputes concerning the application of this Constitution between the legislative, judicial and Executive.
4-Trialing the provincial Governor and any member of the Legislative and the Executive Councils in case of breach of any principle of this Charter.
5- Taking its decisions by majority vote.
A Supreme Constitutional Court Member cannot be dismissed except only because of the integrity, and the court has a law regulating its functioning.
The Supreme Constitutional Court has the observation on the constitutionality of laws as follows:
1- Consideration of the constitutionality of the law and in accordance with the following:
A. If 20% of Legislative Council members object on the constitutionality of a law before its promulgation, this stops it until the Court deals with it at a period of fifteen days from the date of registration of the objection, and if the law is characterized by urgency the Court shall take a decision within seven days.
B-if 20% of Legislative Council members object on the constitutionality of a legislative decree within fifteen days following the date of submission to the council , the Court will take a decision within 15 days from the date of the registration of the objection.
C-If the Court decided to break the law or decree and regulations of the Constitution, it will be void as contrary to constitutional texts retroactively, and without any effect.
2- Consideration of the constitutionality of law and decision in accordance with the following:
A. If an opponent in challenging the constitutionality of provisions of the law applied by the Court is in question with its decision, the Court of appeal has to order a new payment and requires to decide on the appeal, suspending the proceedings and referred to the Supreme Constitutional Court.
B- the Supreme Constitutional Court decision on payment within 30 days from the date of entry.
This contract is implemented in the transition phase of the self-management , which is modified by the approval of two thirds of the members of the Legislative Council.
This contract is displayed on the Provisional Legislative Council for discussion and endorsement.
Neither of the other nationality can serve as Governor and Chairman of councils and Councilors and members of the Supreme Constitutional Court.
This contract ensures that an appropriate solution to the consequences of decisions and decrees and special laws with a law.
Elections to form the first Legislative Council under this contract is carried out after four months from the date of the approval and ratification by the Provisional Legislative Council and it has the right to extend this period, taking into account the circumstances.
The Constitutional Oath of the Democratic Autonomy.
I swear by Almighty God to respect the Charter of the social contract and its laws, and to keep the welfares of the people and their freedoms and safeguard the safety and security of areas of the democratic autonomy, freedom and right of protection, and to work to achieve social justice in the belief of the democratic nation.
The proportion of the representation of both genders in all institutions, administrations and bodies is of at least 40%.
The work with the current Syrian Ordinances (criminal and civil) in a manner consistent with the provisions and articles of this contract .
In case of a conflict between the laws of self management and central management the Supreme Constitutional Court for the province considers that and applies the law of the fittest for self-management.
This contract ensures the protection of the environment and improves the participation of citizens and considers the preserve of the environment as a moral and a sacred national duty .
The new curriculum removes policies of exclusion , chauvinistic and racist concepts and turnover in notions of enriching human and tolerance values, and promotes the concepts of cultural and social diversity.
A- The new curriculum include the definition of districts , their people , history ,geography , landmarks and wealth.
B- strengthen curricula, the media and the scientific institutions of human rights culture and scientific culture.
A. This contract includes the concept of separation of the State and religion.
B. The freedom of belief is absolute and respect all religions and sects and guarantee freedom of worship under the protection of, that is not in breach of public order.
A-A balanced development of the regions culturally, socially and economically a cornerstone of unit administrative institutions and the stability of the system.
B-the illegality of any contradiction Charter live together.
The Governor of the provision declares the state of emergency and cancels it with a decision at the Executive Council made in the meeting chaired by the Executive Council by a two-thirds majority of its members and has to expose it to the Legislative Council in its first meeting for authentication and the law shows the special rules for that .
The Executive Council Bodies
1-The body of the external relations .
2- The body of defence and self-protection
3-The internal body
4- The body of Justice
5-The local and municipal governing body’s Committee of statistics and planning
6-The body of Financial authority: followed by a General Secretariat for banks 2 – Secretariat General of customs
7- The body of employment and Social Affairs
8-The body of education
9-The body of agriculture
10- The body of energy.
11-The health authority
12- Trade and economic organ
13-The martyrs’ families body
14- The culture and the media body
15-The transport body
16- The youth and sports authority
17- The environment , tourism and Antiquities
18-The religious affairs authority
19- The women’s and Family Affairs Authority
20-The Commission on human rights
21- The communications body
22-The body of provisions
This contact should be Published in the media
Source: Hawarnews / PYD