MESOP DOCUMENTATION (II) : The High Negotiation Commission – Executive Framework for a Political Solution Based on the Geneva Communiqué
September 2016 – 7 Sept 2016 –
Executive summary : The High Negotiations Commission (HNC) presents herein its vision within an Executive Framework for the Political Solution in Syria, representing a comprehensive overview of the negotiation process, the transitional period, and the foundations upon which a new political system for the future of Syria shall be based; as well as the legal safeguards to protect the choices of the Syrian people. This vision is dynamic and accessible to further improvements that could enrich its perspective and contribute in achieving all components of the Syrian people’s aspirations.
This vision stems from the HNCs deep belief in the importance of the true and honest implementation of the Geneva Communiqué of 2012 and the relevant UN Resolutions, as well as all the legal obligations enshrined in international law.
The vision is a response to the hopes and aims of the Syrian people; for emancipation from dictatorship, the establishment of a new social contract for Syria, building a political system that protects freedoms, safeguards individual rights, and that is founded upon the principles of liberty, equality, citizenship, and justice. Representing all components and groups of the Syrian people without discrimination or exclusion based on religion, sect, ethnicity, or class, preserving the legitimate rights of the people within a framework of inclusive national identity and one homeland, where women can enjoy their full public and individual rights and are ensured constitutionally-protected active contribution in all state institutions and decision-making bodies and positions by at least a 30 per cent quota.
The political transition process shall be divided into three main phases.
The first phase begins with the negotiation process that shall last for six months, launched on the basis of an agenda that reflects the principles stated in the Geneva Communiqué as set forth in UNSC Resolutions 2118 and 2254.Both negotiating parties shall commit to a temporary truce, through which practical foundations for the implementation of the UNSC Resolutions will be set out . This shall be done in conjunction with the immediate and unconditional implementation of paragraphs 12, 13 and 14 of UNSC Resolution 2254 of 2015 and all obligations stipulated in International Humanitarian Law, especially in the Geneva Conventions of 1949 and its additional Protocols, which require an end to committing war crimes and crimes against humanity; ceasing all combat operations as well as all forms of artillery and aerial bombardment and illegal attacks against civilians; lifting the siege on all towns and areas; allowing humanitarian access; releasing detainees and disclosing the fate of all forcibly disappeared persons in prisons; abiding by international law and respecting human rights; putting an end to all forced displacement and arbitrary executions; returning internally displaced persons and refugees to their home areas; developing enforcement mechanisms in case of procrastination by the regime; and providing the international community with the necessary guarantees for the success of the negotiation process.
The second phase is the transitional period that shall last for a year and a half, which starts immediately upon the agreement of the two negotiating parties on the basic principles of the transitional process and a signed agreement that puts this phase within an inclusive constitutional framework and a comprehensive and final cessation of hostilities. The establishment of the Transitional Governing Body shall require the departure of Bashar al-Assad and his clique who committed heinous crimes against the Syrian people. A new constitution shall be drafted during this phase, in addition to issuing the necessary laws for holding administrative, legislative and presidential elections.
The TGB shall assume full executive powers that include: issuing a provisional constitutional declaration that shall be applied throughout the transitional period; creating a caretaker government, a joint military council, a high constitutional court, a reconstruction commission, and a national reconciliation commission; holding an inclusive national dialogue; restructuring the security sector; supervising the management of internal affairs and a local administration system based on the principle of administrative decentralization; ensuring the continuity and functioning of ministries, institutions, and public service bodies. Combating and confronting terrorism – be it state terrorism practiced by the regime, or terrorism of individuals, groups and organizations – and eradicating the ideological, political, and organizational incubators that breed extremism, sectarianism, political tyranny, and corruption; as well as the departure of all various foreign troops.
During this period, A new political system shall be established based on a number of basic principles, including: the sovereignty, independence, and territorial integrity of Syria; a multi-party state based on freedom, democratic practice, inclusiveness, representation, and citizenship; the rule of law, human rights, and accountability, with effective mechanisms to ensure respect of human rights and dignity for all Syrians , and ensuring Syrians’ right to full participation in the political process. The Kurdish cause shall be considered a national Syrian cause and action shall be taken to ensure their ethnic, linguistic, and cultural rights in the constitution. There shall be an inclusive national dialogue launch with no exceptions or exclusions.
The end of the transitional period shall mark the inauguration of the third phase that represents a final transition through the implementation of the outcomes of the national dialogue and the constitutional revision. Local, legislative, and presidential elections shall be held under the supervision and with the technical support of the United Nations. The basic principles set forth in the interim agreement shall remain in force as part of the new constitution that should be based on the principle of citizenship, which stipulates: separation of powers; independence of judiciary; freedom of the press; political impartiality of the military and armed forces which shall be under the control of the legitimate government that is supported by a parliamentary majority; and the creation of an economic system that takes into account social justice and that can benefit all Syrians without favoritism or discrimination. www.mesop.de