Syria Introduction
  • Syria
     
    Due to the on-going civil war in Syria, it is currently not possible to obtain factual information on any changes in the division of powers in the country since 2014 that would adequately reflect reality on the ground. Hence, we have focussed on transferring the existing information into the new agreed format and have added an explanatory note below in the introduction.
  • A large introductory section on the history of administration in Syria has been removed since it does not resemble the way information is presented for EU countries in the DoP study.

    Introduction

    Syria’s administration is formally divided the following way: 14 regional governorates (muhafazat), 107 districts (manatiq), 2 480 subdistricts (nawahi).[1] The local administration law has established five types of local authority. This categorisation is based mainly on demographic criteria and on the status of population centres in the administrative hierarchy (governorates, districts, subdistricts). However, if we want to accurately map the division of powers in Syria, we need to follow a different classification, namely the national, governorate, district, subdistrict and municipality tiers. Districts and subdistricts can actually be considered as one, since they have similar powers but exercised over different areas (districts and subdistricts). In addition to this, villages and rural units may be designated as "municipalities" in the sense of "local authorities".
     
    According to the Syrian constitution, the country has a republican regime (Article 2) and consists of administrative units (Article 130). These units comprise governorates divided into administrative districts, which are themselves divided into subdistricts. The governorates have legal personality, unlike the districts and subdistricts.
  • Central government manages political matters and has broad powers of scrutiny over the work of the governorates, which in turn monitor the local administrative districts.
  • Officially, political power in Syria resides mainly with the various ministries of national government. Certain powers are exercised by the regional and local levels of government, subject to central government oversight. However, following the revolution, local councils are now seen to be exercising national government responsibilities in parts of the country where central government no longer has control.
  • Although Article 80 of the constitution grants budgetary decision-making powers to the national level, the 2011 revision of the local administration law allowed the governorates to control their own budgets and spending[2].
  • Following the first Arab Spring uprisings, the government amended the constitution and the electoral law in order to delegate more powers and to open up the political system and make it more inclusive. This process of devolution has led, for example, to the creation of local councils dealing with local matters beyond the competence of central government. For instance, the Kurdish regions in the north of Syria, including the country's borders with Turkey and Iraq, are largely controlled by Kurdish parties. 
  • However, since then the implementation of these processes on the ground is severely undermined if not rendered impossible by the on-going civil war which has seen the country being divided up between areas controlled by the central government, areas controlled by the Islamic State/Daesh, areas controlled by rebel factions, and areas controlled by Kurdish groups. As a consequence, it is hard to speak of a coherent Syrian state at this stage. 

    Central level

    Article 75 of the constitution lists the powers of the People's Assembly:

1) Approval of laws;
2) Discussing the statement of the cabinet;
3) Perform a vote of no-confidence in the cabinet or a minister;
4) Approval of the general budget and final accounts
5) Approval of development plans;
6) Approval of international treaties and conventions related to the safety of the state, including treaties of peace, alliance and all treaties related to the rights of sovereignty or conventions which grant privileges to foreign companies or institutions as well as treaties and conventions entailing additional expenses not included in its budget; or treaties and conventions
related to loans' contract or that are contrary to the provisions of the laws in force and requires new legislation which should come into force;
7) Approval of a general amnesty;
8) Accepting or rejecting the resignation of one of the members of the Assembly.


According to Article 100: "The President of the Republic shall pass the laws approved by the People's Assembly. He might also reject them through a justified decision within one month of these laws being received by the Presidency. If they are approved a second time by the People's Assembly with a two thirds majority, they shall be passed by the President of the Republic."


Article 107 provides that: "The President of the Republic concludes international treaties and agreements and revokes them in accordance with provisions of the Constitution and rules of international law." In addition, Article 111 grants him the right to dissolve the People's Assembly by a reasoned decision, which he publishes. He also has the right to establish special bodies, councils and committees whose tasks and mandates are set out in the decisions taken to create them (Article 115).


Article 118 establishes the Council of Ministers as the highest executive and administrative authority of the state. The prime minister and the ministers are appointed by the president.


According to article 128, the mandate of the Council of Ministers is as follows:
1) It draws the executive plans of the state's general policy;
2) It guides the work of ministers and other public bodies;
3) It draws the state's draft budget;
4) It drafts laws;
5) It prepares development plans and plans for upgrading production and the exploitation of national resources and everything that could support and develop the economy and increase national income;
6) It concludes loan contracts and grants loans in accordance with provisions of the constitution;
7) Concludes treaties and agreements in accordance with provisions of the constitution;
8) Follows up on enforcing the laws and protects the interests and the security of the state and protects the freedoms and rights of the population;
9) Passes administrative decisions in accordance with the laws and regulations and oversees their implementation.
 
Regional level

Syria has fourteen governorates with legal personality.

  • Each governor is appointed by the interior minister after approval by the Council of Ministers and issue of an executive decree.
  • Governorates have powers in the fields of local administration, local civil defence, local business, healthcare, education, social services and transport. They are supervised by the Minister of Local Government in Damascus.
  • The governor is supported by a governorate council, which since the reform of the local administration law in 2011 has been elected. 
  • Since the 2011 reform, the governorates also control their own budget and expenditure.
  • The council includes an executive branch of between six and ten members appointed from its elected members by the Damascus government. Each member of the executive has a specific remit.[3]

 

The local administration law of 1971 defines the role of local governments, including governorates.[4]


Article 30 lists the areas of competence of councils as:


1. Planning
2. Industry
3. Agriculture
4. Drinking Water
5. Irrigation
6. Roads and transport
7. Culture
8. Tourism
9. Disaster management
10. Environment
11. Youth projects.


Article 31(3) provides for the supervision by central agencies of any transfer of powers to local administrations.


Article 32 of the 1971 local administration act stipulates that governorate administrations must implement the policies of central government. The article stresses the role of the governorate in local development (economy, finance and job creation). In addition, Article 33(17) of the same law authorises the governorates to conclude agreements with organisations and NGOs. Finally, Article 44 stresses the role of the governors in communication between the governorate councils and central government.

The intermediate level in Syria is that of districts and subdistricts.

  • These are administered by officials appointed by the governor under the aegis of the interior minister.
  • Their councils comprise elected members who run the local areas jointly.
  • They enable the dialogue between central government and local leaders such as tribal and village heads.


The 1971 local administration law defines the role of local governments, including the districts and subdistricts.[5]


Article 30 lists the areas of competence of councils as:


· Planning
· Industry
· Agriculture
· Drinking water
· Irrigation
· Roads and transport
· Culture
· Tourism
· Disaster management
· Environment
· Youth projects.


Article 31(3) provides for the supervision by central agencies of any transfer of powers to local administrations.
 
Local level

At local level, Syria is made up of municipalities. There is no minimum threshold for their composition. Until 1983, municipal councils were under the authority of the Ministry of the Interior and their members were appointed by the provincial governor and the head of district under the authority of the Ministry of the Interior.
Since 1983, they have been composed of members directly elected every four years or appointed by the governor, depending on the size of the municipality and its administrative status (the capital of the subdistrict or a simple village). There are also villages and rural units which are not part of any municipality. Their councils comprise appointees of the governor.
After election, the council elects a council chair (mayor) and an executive bureau.
The 1971 local administration law defines the role of local governments, including the municipalities.[6]

Article 30 lists the areas of competence of the local councils as:


· Planning
· Industry
· Agriculture
· Drinking water
· Irrigation
· Roads and transport
· Culture
· Tourism
· Disaster management
· Environment
· Youth projects.



[1] FRIDE and "Carnegie Endowment for International Peace", "Arab Political Systems: Baseline Information and Reforms – Syria", at:  http://www.fride.org/page/13/fride-carnegie:-arab-political-systems--baseline-information-and-reforms (in English).

[2] Al-Islah Ash-Shamil: <<Maraseem wa Qararaat>> al-Ra’is al-Assad Yusadr al-Mrsoom al-Teshria’I Raqam 107 al-Mutadaman Qanoon al-Idara al-Mahlia. Syrian Arab News Agency, available at: http://sana.sy/ara/360/2011/08/24/365508.htm(in Arabic).

[3] Syria Country Profile. Arab Decision. Last visited on 12.8.2013 and available at:  www.arabdecision.org (in English).

[4] Al-Islah Ash-Shamil: <<Maraseem wa Qararaat>> al-Ra’is al-Assad Yusadr al-Mrsoom al-Teshria’I Raqam 107 al-Mutadaman Qanoon al-Idara al-Mahlia. Syrian Arab News Agency: http://sana.sy/ara/360/2011/08/24/365508.htm(in Arabic).

[5] Ibid.

[6] Ibid.​

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