Damascus Documents in Geneva Negotiations: Incitement against the Regime is High Treason

Damascus Documents in Geneva Negotiations: Incitement against the Regime is High Treason
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Damascus Documents in Geneva Negotiations: Incitement against the Regime is High Treason

Damascus Documents in Geneva Negotiations: Incitement against the Regime is High Treason

“You are neither my friend nor my brother, you are just a colleague,” said one of the members of the Damascus delegation to a representative from the “other party” during the meetings of the Constitutional Committee in Geneva, which concluded on Friday evening.

These verbal comments do not reflect the depth of the gap between the parties to the talks. This rift, however, was highlighted in the texts of the counter proposals, which were obtained by Asharq Al-Awsat.

A document submitted by the head of the pro-government delegation, Ahmed al-Kuzbari, stated that a person, who violates the political system of governance, by using force, threats, incitement, or by provoking aggression on the territory of the state, communicating with hostile parties and dealing with any external party in any way that harms national interests, shall be convicted of high treason.

In another document, the pro-government delegation said: “The law shall criminalize anyone, who calls for the consolidation of subnational identities that affect the unity and security of society.”

It added: “The Constitution preserves cultural diversity within the framework of national unity,” pointing out that harming the army is “a crime punishable by law.”

UN Envoy Geir Pedersen

The seventh round of the Constitutional Committee meetings ended on Friday. While UN envoy Geir Pedersen did not announce a new date for the next round, the Damascus delegation proposed that they take place at the end of May.

Russian presidential envoy Alexander Lavrentiev, US envoy Ethan Goldrich, his Turkish counterpart Sedat Unal and other Western officials accompanied the negotiations, which were held within the framework of UN Security Council Resolution 2254.

Pedersen, who as usual avoided a press conference, said in a statement: “The Committee members in the first four days discussed draft constitutional texts on four basic constitutional principles: Basics of Governance, submitted by nominees of the Syrian Negotiations Commission, State Identity, submitted by some of the civil society nominees, State Symbols, submitted by nominees of the Government of the Syrian Arab Republic and Regulation and Functions of Public Authorities, submitted by nominees of the Syrian Negotiations Commission.”

He continued: “On the fifth day, in line with the agreement, the delegations were expected to submit revisions to reflect the content of the discussions during the previous four days. All delegations offered at least some revisions to some of the texts presented. Some of these embodied amendments indicating an attempt to reflect the content of the discussions and narrow differences. Others contained no changes.”

On the Agreement

The node in the previous rounds was related to the fifth day of the session, as the Damascus delegation refused to reach joint formulations with the delegation of the Negotiations Commission headed by Hadi al-Bahra. This position forced Pedersen to shuffle between Moscow, Damascus and other capitals, until an understanding was reached that the counter-papers would be exchanged on the fifth day.

Some suggested that this meant formulating common texts, while Damascus interpreted it as a request to submit written comments, based on its reading of Pedersen’s invitation letter to the seventh round of talks.

Thus, 15 papers were submitted in response to four documents presented over the four days of the seventh round. These papers, the texts of which were obtained by Asharq Al-Awsat, revealed the depth of the gap between the parties.

State Symbols

Al-Kuzbari said in one of the documents: “Our delegation followed all the discussions that took place during the third day of the meeting on the principle of state symbols, as well as the proposals submitted by other parties about it. Our delegation expresses its dissatisfaction with any of the discussions or proposals presented to amend it, and affirms its adherence to the aforementioned principle, which states the following:

“The symbols of the Syrian Arab Republic represent higher national and well-established cultural values, and express its history, heritage and unity, and they are all unchangeable...

1- The flag of the Syrian Arab Republic consists of three colors: red, white and black. It has two green stars, each with five prongs. The flag has a rectangular shape, its width is two-thirds of its length, and consists of three rectangles of equal dimensions along the length of the flag, the top in red, the middle in white, and the bottom in black. The two stars are in the middle of the white rectangle.

2- “Humat ad-Diyar” is the national anthem of the Syrian Arab Republic.

3- Arabic is the official language of the Syrian Arab Republic.

4- The Syrian lira is the currency of the Syrian Arab Republic and the unit of measurement for its money.

5- The emblem of the Syrian Arab Republic is an Arab shield on which the national flag of the Syrian Arab Republic is engraved in its colors. The shield embraces an eagle holding in its claws a ribbon on which the “Syrian Arab Republic” is written in the Kufic script. At the bottom of the shield are two ears of wheat. The eagle, the ribbon, and the two ears of wheat shall be in golden color, and the writing and wing lines shall be in a light brown color.”

The delegation of the Negotiations Commission presented a document pertaining to state symbols, which read: “The history of the Syrian flag: it appears to the observer that it was subjected to alteration and modification several times, due to events or changes in the state, which, in the view of those concerned, required an alteration or modification, or a return to the adoption of another flag for a reason related to the context of historical events."

Since the Constitution is a text that has a spirit… there is a mutual influence relationship between the constitution and reality, a dialectical relationship represented in the impact of the political reality on the written texts, as well as the adaptation of the texts of the constitution to political developments…

We, in Syria, currently have two flags among the set of historical flags that are approved by millions of Syrians. A group believes that the independence flag (22/02/1932) represent them, while another group states that it is represented by the flag of unity (1/1/1958), which was adopted by [late Egyptian President] Gamal Abdel Nasser.

In our estimation, the revolution, which began with peaceful demonstrations since March 2011, has developed into what we all know. These events and circumstances deserve to be a reason to demand changing the flag again by more than half of the Syrian population.

Looking at the contexts of the Syrian constitutions, we find that the flag, slogan and anthem were referred to a special law that clarifies them:

- Article 6 of the 1950 Constitution states: “the emblem and national anthem of the Republic shall be designated by law.”

- In the 1973 Constitution, Article 6 states: “The law shall specify the state’s flag, emblem, anthem, and the provisions pertaining to each of them.”

The delegation of the Negotiations Commission added: “We are going through a historical stage that calls for change. As it is decided historically and in reality, there is no constitution that remains the same. Rather, it can vary with the change in the circumstances of the social contract that originally established it. We are undoubtedly facing the creation of a new social contract.”

State Identity

The document of the Damascus delegation stated: “Our delegation believes that there is no independent principle called "the identity of the state" in the constitutional sense, but principles or articles in the constitution that reflect this identity, however, to interact with the propositions and discussions that took place, we present the following modified vision":

“1 - Arabism is the basis, the historical origin and the unifying identity of all the people of the region, as well as the unifying framework for all the citizens of the Syrian Arab Republic, culturally, socially, civilly and humanly. It is not a choice governed by an interest or a goal, but rather an affiliation that is broader than being limited to race, religion, sect, language or interest.

2- The Arabic language is the official language of the Syrian Arab Republic. The state, with all its bodies, especially the educational, cultural and media institutions, guarantees its promotion and consolidation as one of the foundations of its national identity.

3 - The Syrian people, with their diverse social fabric, are an integral part of the Arab nation. They are proud of their Arab affiliation and are proud of their nation and its eternal civilizational message throughout history, in the face of all colonial, separatist and terrorist projects aimed at the disintegration of states.

4- The law criminalizes anyone who calls for the consolidation of subnational identities that affect the unity and security of society, and the constitution protects cultural diversity within the framework of national unity.”

Basics of Governance

The proposal submitted by the Negotiations Commission on Monday stated that the “system of governance in the state is republican based on the rule of law, respect for human dignity and the will of the people, and a full commitment to building a free, just and solidarity society.”

It added that sovereignty must be exercised by the people through the means of voting established in the constitution, “allowing them to freely and democratically express their will to choose who exercises power on their behalf, at the national and local levels, within the framework of political pluralism and the peaceful transfer of power.”

The document said that political parties are “an expression of political pluralism.” “Parties are established and they exercise their activities freely within the framework of the laws regulating their work, in a manner that does not conflict with the provisions of the Constitution.”

Al-Kuzbari presented a counter-paper, in which he stated: “Since the title presented by the other party, “Basics of Governance”, does not constitute a constitutional principle, and our delegation made this clear during the meetings, we present the following modified vision, based on a conceptual, not constitutional standpoint:

The Constitution preserves the political system of governance in the state. Any violation of it in any illegitimate way, especially through the use of force, threat of force, incitement, or encouragement of aggression against the state’s territory, communication with hostile parties, and dealing with any external party in any way that harms national interests, shall be condemned on charges of high treason.

“Loyalty to the state, its institutions, its Syrian Arab army and its armed forces is the duty of every citizen. Any intimidation against it, undermining its prestige or its role, or trying to change the structure of state institutions with the aim of weakening it, is a crime punishable by law.

“Political parties express political pluralism and contribute to the formation of the popular will. Any political activity outside the framework of licensed parties is prohibited by law. The creation and financing of parties and organizations is governed by national laws and regulations. Establishing parties, organizations or groupings on the basis of religious, sectarian, regional, ethnic or foreign allegiance is prohibited.”

In response to another paper, entitled, the Work of Institutions, the Damascus delegation presented a document, stating that the title was not a constitutional principle, and thus could not be discussed “before clearly defining the tasks and duties of the legislative, executive and judicial authorities, and the bodies and institutions emanating from them.”

Tension and Calm

The discussions that were taking place under Russian, American, regional and Western “censorship” saw tense and calm moments, amid an atmosphere that lacked warmth. Participants from Damascus stressed their “refusal of friendship or brotherhood.” There were calls to “focus on the richness of discussion and the evolvement of ideas, even with the lack of willingness to translate the progress of the dialogue into final proposals.”

Pedersen emphasized this last point, as he stated that he became “more optimistic at the end of the last session,” where he noticed a greater desire for discussion, dialogue and hearing opinions.

But he also pointed out that the gap remained wide and that the Committee should be governed by a sense of compromise and constructive engagement aimed at reaching a general agreement of its members, in line with the Terms of Reference and Core Rules of Procedure.

Pedersen said that he would soon seek, after consulting with the two co-chairs, to set the date of the next round in May, and that he would communicate with the government and the Negotiations Commission to develop more practical proposals to improve the process.

“Two-and-a-half years after the launching of the Constitutional Committee – an event that took nearly two years to bring about – there is a clear need for this commitment to be embodied in the Committee’s work, so that substantive issues begin to be bridged, and that the Committee begins to move substantively forward on its mandate to prepare and draft for popular approval a constitutional reform,” the UN envoy stated.



Jamal Mustafa: Saddam and Other Iraqi Officials Headed to the Gallows with Heads Held High

Jamal Mustafa al-Sultan. (Asharq Al-Awsat)
Jamal Mustafa al-Sultan. (Asharq Al-Awsat)
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Jamal Mustafa: Saddam and Other Iraqi Officials Headed to the Gallows with Heads Held High

Jamal Mustafa al-Sultan. (Asharq Al-Awsat)
Jamal Mustafa al-Sultan. (Asharq Al-Awsat)

Saddam Hussein’s entourage never expected that they would one day find themselves in jail. It never occurred to them that the American military machine would use all of its might to oust Saddam’s regime and overthrow the ruling party and army. They never believed that forces allied to Iran would assume positions of power in the new regime.

Times changed and Saddam, who controlled the fate of the nation and its people, found himself in prison where he counted the days until his execution. The man was unyielding until his last breath and his will remained unbroken.

The men who made up the Revolutionary Command Council or government soon found themselves in prison. They were interrogated by the Americans and Iraqis and a death sentence was always going to be their fate.

In the second installment of his interview to Asharq Al-Awsat, Dr. Jamal Mustafa al-Sultan, late Iraqi President Saddam Hussein’s son-in-law and second secretary, recalled the execution of his colleagues and relatives. He also recalled how he married Hala, the youngest of Saddam’s daughters, and how the late president acted around his family, away from state affairs.

Other officials who were held along with Saddam included “Vice President Taha Yassin Ramadan, my uncle and member of the Revolutionary Command Council Ali Hussein al-Majid, my other uncle Abed Hassan al-Majid, head of the Revolutionary Command Council Awad al-Bandar, Saddam’s half-brother Barzan Ibrahim al-Hassan, Secretary Abed Hammoud and aide to the intelligence chief Farouk Hijazi,” said Mustafa.

He showed Asharq Al-Awsat a video that recently came to light of Khodair al-Khozaei, the former vice president during the American occupation. “In it, he said that he saw no justification for the death sentence against Abed Hammoud. Most dangerous of all, he confessed that he visited Iran and consulted with a judicial official, who encouraged him to sign the death sentence, which he did,” added Mustafa.

“The truth is that we sensed from the beginning that our trial was a means of revenge acting at Iran’s orders. One day, Abed Hammoud was informed that he was going to be moved to hospital and later that day the guards informed us that he was executed,” he continued.

“Mr. President (Saddam) expected to be executed. The truth is that his very existence, whether in jail or otherwise, was a source of concern for them. I can firmly attest that the members of the leadership bravely faced their death sentence. None of them showed any weakness or faltered,” he revealed.

He recalled the day they informed Barzan and Awad that they were going to be executed. “I was working out with al-Bandar when we received the news. I am not exaggerating when I say that he maintained his optimism even in that moment. They were executed the next day. Days later, I learned that Abed Hassan al-Majid, Farouk Hijazi and Hadi Hassan, an intelligence officer, were executed,” Mustafa said.

“Let me tell you what used to happen. One day, they came up with false charges that before the US occupation, I gave Mr. Khamis al-Khanjar (a Sunni politician) a sum of 250,000 dollars. Of course, the charge is baseless. They told me that I would remain in jail for life if I did not confess to the charge. I refused and told them that I enjoyed normal relations with Khanjar,” he went on to say.

“They later came up with a different scenario. They told me that they would take me to the Iraqi embassy in Jordan if I confessed to the charge and that I would late be released in Amman with a hefty sum of money. I told them that I would reject whatever they have to offer because I would not abandon my values to betray Khanjar, who was a friend,” he stated.

“They later accused me of complicity in the draining of the Mesopotamian Marshes, which I had nothing to do with,” he added.

Saddam Hussein with his daughter Hala in this undated photo. (Getty Images)

First call after Saddam’s execution

Mustafa recalled the first telephone call he had with his wife Hala and her mother, Sajida Khairallah Talfah, right after Saddam’s execution. “Five days after Mr. President’s martyrdom, I contacted my family. I spoke with my wife, and she was in very good spirits. She had very high faith and patience. I asked her about her mother, and she reassured me that she was also doing very well despite the pain,” he said.

“I pray that Gold Almighty will give her health and a long life. We have always derived our strength from her. My mother-in-law lost her two sons, Uday and Qusay, and then her husband. She had played a major role in supporting her husband from the beginning of his struggle. She always used to support him and stood by him throughout his career,” he remarked.

First meetings with Saddam

Mustafa recalled the early days of his meeting with Saddam. “They started when I began working for his special guard. That was when I first met him. Like most Iraqis and Arabs, I believed that he would be a difficult person, but the truth is that I saw him as a paternal figure,” he added. “When you work with him, you begin to develop a different opinion than the public impression. He was a very paternal figure.”

During their first meeting, they learned that they came from the same tribe and were distant cousins.

“I stayed by Mr. President’s side for around 20 years. I started off as part of his personal guard and he then tasked me with people’s affairs, meaning seeing to their needs and addressing their problems. He was very concerned with the people’s affairs and refused any one of them to be wronged. The truth is that many laws were amended or changed at the time following complaints from the people,” he revealed.

“There were two telephones at Mr. President’s office, and both were connected to my office. Whoever had a problem could call the president through the citizens’ line. I used to answer their calls and listen to their problems and set an appointment with the president. Sometimes I used to ask the caller to come in person with their request so that their problem could be tackled. Sometimes Mr. President would interject on the call to ask about the issue and would request to talk to the citizen on the line,” Mustafa said.

“He would listen to the person’s grievance and tell him to head to the dedicated office to tackle the issue. (...) So we used to receive hundreds of citizens every week to solve their problems. Mr. President was very concerned about these issues,” he stressed. “I have never met another person like him. He would listen, care and then come up with a solution.”

President’s son-in-law

Asharq Al-Awsat asked Mustafa about when he asked Hala to marry him. “It was in 1994. As is the tradition in Iraq, I headed with my uncles to Saddam’s family to ask her hand in marriage,” he said. “One of my uncles made the request to Mr. President on my behalf and he agreed and welcomed it.”

“A judge was summoned immediately for the ceremony, and we were married. We had lunch at the president’s house that same day. I first met Hala on September 12, and we were married on September 26. It was a short engagement in line with tradition.”

“Mr. President used to separate state affairs from his relationship with his family. His work was completely separate from family, which had nothing to do with political or state affairs. It never intervened in those issues. Mr. President was a man of state when he was doing his job, and a father when he came home. He treated his family as if he were its father – the perfect father. Every family wishes to have a father that can measure up to him because he looked after all of his children and all of his relatives,” Mustafa said.

“When he sat down to the dinner table, he himself used to serve his own food and ask his children about their day. He would serve them food and generally cared very much for them. The state is one thing and family is another. At the same time, he acted as a father to all Iraqis. He treated them fairly. This is Saddam Hussein,” stressed Mustafa. “He was always keen that Iraqis be treated justly and that none of them be wronged. He was also very firm with his children if they made any mistake.”

Saddam’s hobbies

Saddam was a “very traditional Arab man. He loved traditional Arab and Iraqi dishes. He himself used to cook his own version of the traditional Iraqi dish al-Habeet. (...) He also loved seafood and would cook the Masgouf fish dish himself,” Mustafa told Asharq Al-Awsat.

His hobbies included horseback riding, hunting, swimming and sharpshooting. “Occasionally, before heading to the front to fight against Iran, he would visit the al-Amarah region, where gazelle and geese are abundant, to hunt. As circumstances became more challenging, he limited himself to fishing, which he did regularly,” he added.

He was a skilled shooter from his youth. “Generally, growing up in a tribe, children are taught at a young age how to become a good shooter. This is part of our upbringing. He was also an avid reader. He was always reading something,” Mustafa said of Saddam.