Constitutional Committee Meetings Hinge on Pandemic as Damascus Warns of ‘Traps’

Bashar Assad delivers a speech before the People's Council on Wednesday. (AP)
Bashar Assad delivers a speech before the People's Council on Wednesday. (AP)
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Constitutional Committee Meetings Hinge on Pandemic as Damascus Warns of ‘Traps’

Bashar Assad delivers a speech before the People's Council on Wednesday. (AP)
Bashar Assad delivers a speech before the People's Council on Wednesday. (AP)

The meetings of the Syrian Constitutional Committee, with the participation of the government, opposition negotiations committee and civil society, are expected to be held in Geneva on August 24, if the coronavirus pandemic allows it. The meetings will be a chance to test the latest positions of the concerned parties after a long absence and after the announcement of the Astana course “guarantors” that they are the “real sponsors” of the constitutional process in Syria. Another significant development, was president Bashar Assad’s labeling as “idle talk” Washington and Ankara’s “meddling” in political initiatives.

United Nations envoy Geir Pedersen is still cautious about hosting the Constitutional Committee meetings, leaving his options open until he has guarantees that they can be held and until he senses that Damascus and the opposition are ready to engage in “constructive” dialogue to amend the constitution through the Syrians and the Syrian leadership. Moscow, Ankara and Tehran, on the other hand, have decided to dispatch the deputies of their foreign ministers to hold a tripartite meeting for Syrian “guarantors/players” on the eve of the Syrian “rivals” meeting.

American transitional phase
This is not the first time that three countries attempt to undermine the achievements of the constitutional path. The foreign ministers of Russia, Turkey and Iran had previously sent their foreign ministers to Geneva to present their vision of “Syrian constitutional reform”. United Nations Secretary-General Antonio Guterres had put a stop to such moves. Now, however, the scene is different. The United States is preoccupied with other priorities: the pursuit and implementation of the Caesar Act that it is using to apply “maximum pressure” to punish Damascus and pressure Moscow. It is also busy with President Donald Trump nearing the end of his term.

In theory, the representatives of the Syrian government, opposition and civil society are expected to meet to discuss constitutional reform. These meetings had come to a halt in the past due to disputes over the agenda. The government wants to begin with reaching an agreement on “national foundations” that are linked to rejecting “occupations” and terrorism. The opposition wants to kick off talks by discussing the constitution and its principles. Fortunately, Pedersen was able to reach an understanding on the agenda thanks to Moscow’s intervention.

The agenda will now discuss the basic foundations for the procedures of the Constitutional Committee in order to hold discussions on national foundations and principles. The great vagueness of this agenda will be put to the test in Geneva.

Russia’s pledge to convince Damascus to keep its delegation in Geneva for more than two weeks for serious talks will also be put to the test. This issue was the main focus of discussions the Russian president's special envoy, Alexander Lavrentiev, held during his latest visit to Damascus.

‘Idle talk and traps’
Ahead of the talks, Assad set the political standard by speaking about “attempts to topple the nation, overthrow sovereignty, divide the people and deal a blow to constitutional institutions.” Addressing the People's Council (parliament), he said these attempts will be “thwarted by the determination of the people to commit to constitutional deadlines.” Assad also cited the people’s participation in recent parliamentary elections as a form of defense of the constitution. He was referring to the 2012 constitution, which the government is clinging on to. The most it will accept is “discussing” the constitution, not its “amendment” or “drafting of a new one.”

Assad dedicated his speech to the internal Syrian situation, such as corruption and American sanctions. At the end, he addressed the political situation, saying: “Despite the honest efforts of our friends in Iraq and Russia” in pushing forward the Constitutional Committee meetings, “they have turned into idle political talk due to the meddling of the US and its agent, Turkey, and their representatives at the dialogue.”

“We still believe in the need to support political initiatives, even though we know that the other side is bound by money and the orders of their real masters outside the nation,” Assad continued. “Political initiatives are aimed at luring us into traps they have set up to achieve what they could not through terrorism. In their dreams.”

Washington is forging ahead with its implementation of the Caesar Act whereby it is expected to release a new batch of sanctions. Its first batch, released in June, targeted 39 individuals and entities, including Assad and his wife Asma. In July, 14 more targets were added, including Assad’s son, Hafez, 18.

During his speech, Assad also referred to his cousin, Rami Makhlouf, the business tycoon who has dramatically fallen from grace with the regime. “The fight against corruption has intensified in recent years,” said Assad. “We are continuing in restoring looted public funds through legal means and institutions. No one is above the law. Reform is not about revenge or settling scores.”

Through Syria’s 10-year war, Makhlouf had helped Assad evade Western sanctions on fuel and other goods vital to his military campaign. He was part of the president’s inner circle, accused by the United States of exploiting his proximity to power to enrich himself “at the expense of ordinary Syrians.” His business empire spanned telecoms, energy, real estate and hotels, looming large over Syria’s economy.

But now the two men are now locked in a battle over money. Security forces had recently raided Makhlouf’s telecoms company, Syriatel, in a tax dispute and detained dozens of employees for questioning.

The rift between Assad and Makhlouf burst into public view on April 30, when Makhlouf posted the first of three videos to social media. In the videos, he said the government had asked him to step down from his companies, including Syriatel.

On May 19, 2020, the finance ministry froze the assets of Makhlouf, his wife and an unspecified number of his at least two children, according to a document reviewed by Reuters. It also ordered that overseas assets should be seized “to guarantee payment of dues to the telecom regulatory authority.” The government has said Syriatel owes the telecom regulator 134 billion Syrian pounds ($60 million) relating to the terms of the company’s license. Makhlouf insisted in one of his social media posts that he stands ready to pay.

A separate order banned Makhlouf from obtaining government contracts for five years.



Things to Know About the UN Special Rapporteur Sanctioned by the US

Francesca Albanese, Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967, talks to the media during a press conference at the European headquarters of the United Nations in Geneva, Switzerland, July 11, 2023. (Salvatore Di Nolfi/Keystone via AP, File)
Francesca Albanese, Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967, talks to the media during a press conference at the European headquarters of the United Nations in Geneva, Switzerland, July 11, 2023. (Salvatore Di Nolfi/Keystone via AP, File)
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Things to Know About the UN Special Rapporteur Sanctioned by the US

Francesca Albanese, Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967, talks to the media during a press conference at the European headquarters of the United Nations in Geneva, Switzerland, July 11, 2023. (Salvatore Di Nolfi/Keystone via AP, File)
Francesca Albanese, Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967, talks to the media during a press conference at the European headquarters of the United Nations in Geneva, Switzerland, July 11, 2023. (Salvatore Di Nolfi/Keystone via AP, File)

A UN special rapporteur was sanctioned by the United States over her work as an independent investigator scrutinizing human rights abuses in the Palestinian territories, a high-profile role in a network of experts appointed by the United Nations Human Rights Council.

Francesca Albanese is among the experts chosen by the 47-member council in Geneva. They report to the body as a means of monitoring human rights records in various countries and the global observance of specific rights.

Special rapporteurs don't represent the UN and have no formal authority. Still, their reports can step up pressure on countries, while their findings inform prosecutors at the International Criminal Court and other venues working on transnational justice cases.

US Secretary of State Marco Rubio said in a statement announcing sanctions against Albanese on Wednesday that she “has spewed unabashed antisemitism, expressed support for terrorism, and open contempt for the United States, Israel and the West.”

Albanese said Thursday that she believed the sanctions were “calculated to weaken my mission.” She said at a news conference in Slovenia that “I’ll continue to do what I have to do.”

She questioned why she had been sanctioned — “for having exposed a genocide? For having denounced the system? They never challenged me on the facts.”

The UN high commissioner for human rights, Volker Türk, called for a “prompt reversal” of the US sanctions. He added that “even in face of fierce disagreement, UN member states should engage substantively and constructively, rather than resort to punitive measures.”

Prominent expert

Albanese, an Italian human rights lawyer, has developed an unusually high profile as the special rapporteur for the West Bank and Gaza, a post she has held since May 2022.

Last week, she named several large US companies among those aiding Israel as it fights a war with Hamas in Gaza, saying her report “shows why Israel’s genocide continues: because it is lucrative for many.”

Israel has long had a rocky relationship with the Human Rights Council, Albanese and previous rapporteurs, accusing them of bias. It has refused to cooperate with a special “Commission of Inquiry” established following a 2021 conflict with Hamas.

Albanese has been vocal about what she describes as a genocide by Israel against Palestinians in Gaza. Israel and the US, which provides military support to its close ally, have strongly denied the accusation.

‘Nothing justifies what Israel is doing’

In recent weeks, Albanese issued a series of letters urging other countries to pressure Israel, including through sanctions, to end its deadly bombardment of the Gaza Strip. She also has been a strong supporter of arrest warrants issued by the International Criminal Court against Israeli officials, including Prime Minister Benjamin Netanyahu for allegations of war crimes.

Albanese said at a news conference last year that she has “always been attacked since the very beginning of my mandate,” adding that criticism wouldn't force her to step down.

“It just infuriates me, it pisses me off, of course it does, but then it creates even more pressure not to step back,” she said. “Human rights work is first and foremost amplifying the voice of people who are not heard.”

She added that “of course, one condemned Hamas — how not to condemn Hamas? But at the same time, nothing justifies what Israel is doing.”

Albanese became an affiliate scholar at the Institute for the Study of International Migration at Georgetown University in 2015, and has taught and lectured in recent years at various universities in Europe and the Middle East. She also has written publications and opinions on Palestinian issues.

Albanese worked between 2003 and 2013 with arms of the UN, including the legal affairs department of the UN Palestinian aid agency, UNRWA, and the UN human rights office, according to her biography on the Georgetown website.

She was in Washington between 2013 and 2015 and worked for an American nongovernmental organization, Project Concern International, as an adviser on protection issues during an Ebola outbreak in West Africa.

Member of a small group

Albanese is one of 14 current council-appointed experts on specific countries and territories.

Special rapporteurs, who document rights violations and abuses, usually have renewable mandates of one year and generally work without the support of the country under investigation. There are rapporteurs for Afghanistan, Belarus, Burundi, Cambodia, North Korea, Eritrea, Iran, Myanmar, Russia and Syria.

There also are three country-specific “independent experts,” a role more focused on technical assistance, for the Central African Republic, Mali and Somalia.

Additionally, there are several dozen “thematic mandates,” which task experts or working groups to analyze phenomena related to particular human rights. Those include special rapporteurs on “torture and other cruel, inhuman or degrading treatment or punishment,” the human rights of migrants, the elimination of discrimination against people affected by leprosy and the sale, sexual exploitation and sexual abuse of children.