‘Geneva Documents’ Expose Constitutional Gap between Damascus, Opposition

‘Geneva Documents’ Expose Constitutional Gap between Damascus, Opposition
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‘Geneva Documents’ Expose Constitutional Gap between Damascus, Opposition

‘Geneva Documents’ Expose Constitutional Gap between Damascus, Opposition

The sixth round of talks of the Syria Constitutional Committee in Geneva concluded on Friday with “big disappointment” for the UN Special Envoy for Syria Geir Pedersen as they stood on the “precipice of flexibility” outlined by Damascus.

This has put the ball in Moscow’s court. It will decide on the future of the political process in the next stage.

Russia will mount a two-pronged diplomatic campaign that will see efforts spent on getting the Syrian government to move forward to the seventh round of talks according to the previous operational reference and negotiations with Arab and Western nations on approving concessions, delivering aid, and lifting off isolation and sanctions facing Damascus in exchange for the “flexibility” shown by it.

“I think it’s fair to say the discussion today was a big disappointment,” Pedersen said at a brief news conference on Friday.

This week’s round of the Syrian Constitutional Committee talks, the first since last January, was supposed to be a major breakthrough after delegations agreed to start by drafting constitutional principles.

Nevertheless, the delegations were unable to work on the four proposed provisions of the new constitution principles, and they also failed to set a date for the seventh round of talks.

For his part, Pedersen noted that there needs to be more trust and political will so that the drafting process may commence.

The drafting committee consists of 45 members from the Syrian government, opposition, and civil society.

The delegations agreed to task the Syrian government with handling provisions related to “sovereignty, independence, and territorial integrity of the Syrian Arab Republic” and “terrorism and extremism.”

The opposition delegation took on responsibility for drafting constitutional text related to “the army, armed forces, security, and the intelligence,” while the civil society delegation would draft text on “the rule of law.”

Pedersen said the government delegation decided not to present any new text.

This comes as a shock to Pedersen’s efforts in the past months, as he waged a diplomatic campaign to bring the government and opposition delegations to an agreement on a working mechanism to begin “drafting the constitution” and holding the sixth round of talks.

Indeed, Moscow was able to obtain approval from Damascus on a “mechanism of action.” This was thanks to high-profile interventions, including the discussion of the issue during a meeting between Russian President Vladimir Putin and his Syrian counterpart, Bashar al-Assad, in mid-September.

It was after Moscow’s success in getting Damascus on board that the date for the sixth round of talks was set between October 18 and 22 in Geneva, the only place where the opposition and government are still treated on equal footing.

Last Sunday, Pedersen held a tripartite meeting that included the heads of the government and opposition delegations, Ahmed al-Kuzbari and Hadi al-Bahra. This was the first time that al-Kuzbari and al-Bahra met in the past two years.

On the eve of the sixth round of talks, last Monday, an understanding was reached on practical measures so that the four constitutional principles would be discussed at a pace of one code a day.

It was also agreed that each party would submit their proposals in writing and then discuss them. According to the agreement, all the principles would be reviewed on the last day with preparations to complete the presentation of other principles in two upcoming rounds before the end of 2021.

Western Oversight

Western envoys in Geneva or back “cautiously welcomed” the Constitutional Committee’s sixth round of talks, with some calling for the opening of other provisions in UNSCR 2254 so that it covers a comprehensive cease-fire, the file of detainees, and the voluntary and safe return of refugees.

Rejection of Separatist Agendas

The head of the government delegation, al-Kuzbari, presented a two-page proposal on the “sovereignty, independence, and territorial integrity of the Syrian Arab Republic.” The proposal had six items that included a total rejection of any intervention into the war-torn country’s internal affairs and a confirmation that Syria was “unified by land and people, and indivisible.”

According to al-Kuzbari’s proposal, “everyone who deals with any external party in any illegal manner is subject to legal accountability.”

“Any separatist or semi-separatist projects or trends are...contrary to the principle of the unity of the Syrian land and contrary to the will of the people,” it read, adding that the “state has the exclusive right to sovereignty over natural resources and underground wealth.”

Impartial Security and a Neutral Army

“The army is compelled to adhere to complete political neutrality and support the civilian authorities in accordance with the provisions of the law,” read the proposal presented by the head of the opposition’s delegation, al-Bahra.

“Security services are tasked with safeguarding security, individuals, and property while respecting basic human rights principles and within the framework of complete political neutrality,” the proposal added.

On Wednesday, the delegation of civil society presented its proposal for the principle of “the rule of law” in two pages.

“All Syrians are equal before the law in terms of duties and rights,” read the proposal.

The proposal also stipulated that “war crimes, crimes against humanity and violations of human rights do not have a statute of limitations, and that all national state institutions work to implement the principle of non-impunity.”

Supporting the Army

On the fourth day, al-Kuzbari presented the opposition’s draft for the principle of “terrorism and extremism” based on previous papers delivered to the United Nations on the same subject.

The new paper stipulated five principles that include the state’s commitment to “confronting terrorism in all its forms and tracking its sources of financing,” in addition to “rejecting extremist ideology and working to eradicate it.”

The opposition’s proposal added that “the Syrian Arab Army and the Armed Forces are national institutions that enjoy the support and backing of the people, and are responsible for defending the integrity, security, and sovereignty of the homeland from all forms of terrorism, occupation, interference and external aggressions.”

Major Gap

After each item of the proposals was introduced, discussions took place, and each party presented some amendments.

According to participants, discussions were serious and professional, with periodic meetings held between al-Kuzbari, al-Bahra, and Pedersen, unlike the previous rounds.

Despite the extraordinary meetings, a significant gap was exposed between the three segments of the Constitutional Committee. This gap was further widened by the government delegation’s refusal to present new proposals or shift to adopting shared drafts.

More so, signs emerged on al-Kuzbari finding it challenging to agree to hold the seventh round of talks next month.

It is believed that this “will put the ball in the Russian court,” so that Moscow will persuade Damascus to make the government delegation work according to the “working mechanism” agreed upon between al-Kuzbari and al-Bahra.



What to Know about the Latest Effort to End Türkiye's 40-year Kurdish Conflict

FILED - 02 November 2041, Hesse, Frankfurt_Main: A man displays a flag with the image of imprisoned Kurdish leader Abdullah Ocalan at the Kurdish Newroz celebration in Frankfurt. Photo: Boris Roessler/dpa
FILED - 02 November 2041, Hesse, Frankfurt_Main: A man displays a flag with the image of imprisoned Kurdish leader Abdullah Ocalan at the Kurdish Newroz celebration in Frankfurt. Photo: Boris Roessler/dpa
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What to Know about the Latest Effort to End Türkiye's 40-year Kurdish Conflict

FILED - 02 November 2041, Hesse, Frankfurt_Main: A man displays a flag with the image of imprisoned Kurdish leader Abdullah Ocalan at the Kurdish Newroz celebration in Frankfurt. Photo: Boris Roessler/dpa
FILED - 02 November 2041, Hesse, Frankfurt_Main: A man displays a flag with the image of imprisoned Kurdish leader Abdullah Ocalan at the Kurdish Newroz celebration in Frankfurt. Photo: Boris Roessler/dpa

A group of 30 Kurdish fighters clad in camouflage fatigues burned their weapons in a large cauldron in northern Iraq on Friday, in a symbolic gesture marking the first concrete step in an effort to end one of the Middle East’s longest-running insurgencies.

The ceremonial laying down of arms by members of the Kurdistan Workers’ Party, or PKK -- including 15 women — comes months after the group’s imprisoned leader, Abdullah Ocalan, called on it to disarm and disband as part of a new peace effort with Türkiye. Ocalan repeated that call in a video message to his fighters this week.

The process in Türkiye was initiated in October by Devlet Bahceli, a firebrand ultranationalist politician who has usually opposed any concessions to Kurdish identity or rights.

While Turkish officials have welcomed the first step toward the PKK’s disarmament, questions remain about the future of Kurdish fighters in Syria.

What is the PKK? The Kurdistan Workers’ Party, or PKK, has waged an armed insurgency against Türkiye since 1984, initially with the aim of establishing a Kurdish state in the southeast of the country. Over time, the objective evolved into a campaign for autonomy and rights for Kurds within Türkiye.

The conflict between militants and state forces, which has spread beyond Türkiye’s borders into Iraq and Syria, has killed tens of thousands of people. The PKK is considered to be a terrorist organization by Türkiye, the United States and the European Union.

Who is Ocalan? Abdullah Ocalan, who as a student of political science in Ankara became deeply involved in leftist movements, formed the PKK in 1978 as a Marxist organization. He fled to Syria in 1979, along with other PKK members, where he remained until 1998, when Syria expelled him under intense pressure from Türkiye.

Ocalan was captured in Kenya in 1999 and imprisoned on Imrali island in the Sea of Marmara, where he remains to this day. His death sentence for treason was commuted to a life term in prison after Türkiye abolished the death penalty.

The 76-year-old endures as a symbol for Kurdish independence and rights and continues to wield influence over the Kurdish movement, with past messages relayed through family members or lawyers resonating beyond Türkiye, in Iraq and Syria.

Push for peace

In October, Bahceli, a close ally of President Recep Tayyip Erdogan, suggested Ocalan could be granted parole if he renounces violence and disbands the PKK.

It was a major shift for the hardline politician who had previously strongly supported the state’s military action against the militant group and its affiliates in neighboring Syria and rejected any notion of negotiation.

In a message delivered through senior officials of the pro-Kurdish People's Equality and Democracy Party, or DEM, Ocalan called on the PKK leadership to take the decision to disband and disarm in February.

The PKK announced a unilateral ceasefire in March in response to Ocalan’s call and later announced its decision to disarm.

It was not immediately clear what concessions, if any, the Kurdish groups would get in return. PKK officials have said they expect former fighters to be given a path to integrate into the political system in Türkiye.

There are also concerns that some splinter groups may emerge within the PKK and that attacks may continue.

Soon after Bahceli's announcement, the PKK claimed an attack on Türkiye’s key aerospace company outside of Ankara that killed several people.

Previous attempts

There have been several peace efforts between the Turkish state and the PKK over the years, including secret negotiations held in Oslo, Norway from 2009 until 2011. However, none have yielded results.

The last attempt to reach a peace deal took place between 2013 and 2015 with a series of talks between Turkish officials and Ocalan, who declared a ceasefire and withdrew fighters to bases in northern Iraq.

Turkish officials took steps to improve Kurdish rights, including allowing Kurdish-language broadcasts. The process collapsed in July 2015, after a series of violent attacks, including one by the ISIS group that killed 33 pro-Kurdish activists.

Since then, Türkiye has cracked down on its pro-Kurdish movement and has jailed thousands of people, including the former leader of the main pro-Kurdish political party, Selahattin Demirtas, over alleged links to the PKK.

Reshaping the region

The latest peace effort comes at a time when Türkiye and the Kurds are both seeking security to face the challenges in the Middle East.

The renewed peace initiative unfolds amid fundamental changes reshaping the region, including the reconfiguration of power in Syria after the toppling of President Bashar Assad, the weakening of the Hezbollah militant movement in Lebanon, and the ongoing Israel-Hamas war in Gaza.

Türkiye strongly supports a deal reached between Syria’s new administration and the Kurdish-led and US backed Syrian Democratic Forces under which the SDF forces would merge with the new Syrian national army. The US envoy to Syria told The Associated Press this week that the sides remain at odds over the merger.

Hamish Kinnear, Senior Middle East and North Africa Analyst at risk intelligence company Verisk Maplecroft, said Ocalan’s decision to abandon the armed struggle coincides with a period when the PKK’s leverage is weak due to military setbacks and regional isolation.

“The PKK’s armed struggle was already faltering in the face of advances by Türkiye’s military, while its popularity among its traditional base was in decline,” Kinnear said. ”Ultimately, the peace talks were a useful off ramp in which improvement of Kurdish rights could still be pursued."

However, some believe the main aim of the reconciliation effort is for Erdogan’s government to garner Kurdish support for a new constitution that would allow him to remain in power beyond 2028, when his term ends.

Bahceli has openly called for a new constitution, saying it was essential to keep Erdogan in power for Türkiye’s future. Erdogan and Bahceli are reportedly seeking parliamentary support from the DEM.