Общественные_договоры_сирийских_курдов_Social_contracts_of_Syrian
.docxСравнительный анализ конституционных документов сирийских курдов (Comparative Analysis of the Constitutional Acts Adopted by the Syrian Kurds) |
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Общественный договор о самоуправлении в Рожаве, принят 29.01.2014 (The Social Contract of the self-rule in Rojava, 29 Jan 2014) |
Общественный договор Демократической Федерации Северной Сирии, принят 29.12.2016 (The Social Contract of the Democratic Federation of Northern Syria, 29 Dec 2016) |
Общественный договор Демократической Автономной Администрации региона Северной и Восточной Сирии (The Social Contract of the Democratic Autonomous Administration of the North and East Syria Region) |
Примечания (Notices) |
Преамбула (Preamble) |
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We, the people of the Democratic Autonomous Regions of Afrin, Jazira and Kobane, a confederation of Kurds, Arabs, Assyrians, Chaldeans, Arameans, Turkmen, Armenians and Chechens, freely and solemnly declare and establish this Charter, which has been drafted according to the principles of Democratic Autonomy. In pursuit of freedom, justice, dignity and democracy and led by principles of equality and environmental sustainability, the Charter proclaims a new social contract, based upon mutual and peaceful coexistence and understanding between all strands of society. It protects fundamental human rights and liberties and reaffirms the peoples’ right to self-determination. Under the Charter, we, the people of the Autonomous Regions, unite in the spirit of reconciliation, pluralism and democratic participation so that all may express themselves freely in public life. In building a society free from authoritarianism, militarism, centralism and the intervention of religious authority in public affairs, the Charter recognizes Syria’s territorial integrity and aspires to maintain domestic and international peace. In establishing this Charter, we declare a political system and civil administration founded upon a social contract that reconciles the rich mosaic of Syria through a transitional phase from dictatorship, civil war and destruction, to a new democratic society where civic life and social justice are preserved. |
We, peoples of Rojava-northern Syria, including Kurds, Arabs, Syriacs, Assyrians, Turkmen, Armenians, Chechens, Circassians, Muslims, Christians, Yezidis, and the different doctrines and sects, recognize that the nation-state has made Kurdistan, Mesopotamia, and Syria a hub for the chaos happening in the Middle East and has brought problems, serious crises, and agonies for our peoples. The tyrannical nation-state regime, which has been unfair to the different components of Syrian people, has led the country to destruction and fragmentation of the society fabric. To end this chaotic situation, the democratic federal system is an optimal solution to address the national, social, and historical issues in Syria. The democratic federalism of northern Syria is based on a geographic concept and an administrative and political decentralization; it is part of the united Syrian democratic federalism. The consensual democratic federal system guarantees the participation of all individuals and groups, on equal levels, in the discussion, decision, and implementation of affairs. It takes ethnic and religious differences into consideration according to the characteristics of each group based on the principles of mutual coexistence and peoples’ fraternity. It guarantees the equality of all peoples in rights and duties, respects the charters of human rights, and preserves national and international peace. Within the consensual democratic federal system, all segments of people, in particular women and youth, shall form their organizations and democratic institutions. The democratic federal system guarantees free practicing of all political, social, and cultural activities, and enjoying all the merits of free and equal life. The democratic federal system of northern Syria adopts, in this contract, the physical and moral values of the Middle East. This document is approved by the free will of all the components of northern Syria and according to the principles of the democratic nation. |
We, the daughters and sons of North and East Syria – Kurds, Arabs, Syriac Assyrians, Turkmen, Armenians, Circassians, Chechens, Muslims, Christians and Yazidis – in our awareness and belief of the duty upon us from the martyrs, in response to the demands of our peoples to live in dignity, and in response to the great sacrifices made by the Syrians, came together to establish a democratic system in North and East Syria to form a basis for building a future Syria, without racist tendencies, discrimination, exclusion or the marginalization of any identity. Together, we resisted against tyranny, betrayal, and extremism, and we rejected all types of nationalist, religious, gender and secular fanaticism. Our adoption of the principle of the democratic nation strengthened our national unity, gave us strength in the face of our enemies and became hope for our friends. We, the peoples of North and East Syria, have suffered from successive undemocratic regimes in Syria, from the policies of thousands of years of state centralization and authoritarianism and from the practices of capitalist modernity that dominate the region. We have been exposed to all kinds of injustice and oppression over many years. We are determined to establish a democratic system based on democratic autonomous administrations, achieve justice and equality among all peoples and components, preserve all cultural, religious and ideological identities, spread a culture of diversity and tolerance, reject all types of violence and take the principle of legitimate defense as a basis. The societal revolution that was achieved under the leadership of women in North and East Syria opened the way for an intellectual and social renaissance, and women became a fundamental pillar of our democratic system. The struggle and sacrifices of youth in bringing together all components also played a historical role in consolidating and strengthening the brotherhood of peoples. The Democratic Autonomous Administration, which was achieved by the will of the people, is based upon an ecological democratic society, co-chairing, societal economy, social justice, and the principle of democratic confederalism. The Democratic Autonomous Administration of North and East Syria is an integral part of Syria. With the democratic system it established, the common values it created, and the political positions it expressed over the past years, it formed a strong foundation for true unity, thus becoming the basis for building the Democratic Republic of Syria. We, the peoples of North and East Syria, with all its components, have decided, with full freedom and choice, to write this social contract from the system of values and democratic civilizational heritage of the Middle East and humanity as a whole, so that this becomes a guarantee of freedom, peace and unity among Syrians. |
Вместо конституции для обозначения Основного закона у сирийских курдов используется понятие общественного договора (в духе идей Томаса Гоббса, Джона Локка и Жана-Жака Руссо. Instead of a constitution, the Syrian Kurds use the notion of a social contract as the Basic Law (following the ideas of Thomas Hobbes, John Locke, and Jean-Jacques Rousseau). В отличие от редакции 2014 года в версиях 2016 и 2023 гг. содержатся прямые обвинения в адрес властей Сирийской Арабской Республики. In contrast with the 2014 edition, the versions of 2016 and 2023 contain direct accusations of the Syrian regime. Во всех редакциях акцент делается на демократическом характере власти, альтернативной официальному режиму. All editions emphasize the democratic nature of government and administration, alternative to the official regime. Подчеркивается многонациональный и многоконфессиональный характер курдского автономного образования. В редакции 2023 года учитывается тот факт, что под контролем сирийских курдов после 2017 года оказались обширные территории на востоке страны, населенные арабами. The multinational and multi-religious nature of the Kurdish autonomous entity is emphasized. The 2023 edition takes into account the fact that after 2017, the Kurds have encompassed their control over the vast territories in Eastern Syria populated by the Arabs. |
Основополагающие принципы (Basic Principles) |
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Article 1 The Charter of the Autonomous Regions of Afrin, Jazira, and Kobane, [hereinafter “the Charter”], is a renewed social contract between the peoples of the Autonomous Regions. The Preamble is an integral part of the Charter. Article 2 a- Authority resides with and emanates from the people of the Autonomous Regions. It is exercised by governing councils and public institutions elected by popular vote. b- The people constitute the sole source of legitimacy all governing councils and public institutions, which are founded on democratic principles essential to a free society. Article 3 a – Syria is a free, sovereign and democratic state, governed by a parliamentary system based on principles of decentralization and pluralism. b – The Autonomous Regions is composed of the three cantons of Afrin, Jazirah and Kobane, forming an integral part of the Syrian territory. The administrative centers of each Canton are: Afrin city, Canton of Afrin; Qamishli city, Canton of Jazira; Kobane city, Canton of Kobane. c – The Canton of Jazirah is ethnically and religiously diverse, with Kurdish, Arab, Syriac, Chechen, Armenian, Muslim, Christian and Yazidi communities peacefully co-existing in brotherhood. The elected Legislative Assembly represents all three Cantons of the Autonomous Regions. Article 4 1- Legislative Assembly 2 – Executive Councils 3 – High Commission of Elections 4 – Supreme Constitutional Courts 5 – Municipal/Provincial Councils Article 5 The administrative centers of each Canton are: Qamishli city, Canton of Jazira; Afrin city, Canton of Afrin; Kobane city, Canton of Kobane. Article 6 All persons and communities are equal in the eyes of the law and in rights and responsibilities. Article 7 All cities, towns and villages in Syria which accede to this Charter may form Cantons falling within Autonomous Regions. Article 8 All Cantons in the Autonomous Regions are founded upon the principle of local self-government. Cantons may freely elect their representatives and representative bodies, and may pursue their rights insofar as it does not contravene the articles of the Charter. Article 9 The official languages of the Canton of Jazirah are Kurdish, Arabic and Syriac. All communities have the right to teach and be taught in their native language. Article 10 The Autonomous Regions shall not interfere in the domestic affairs of other countries, and it shall safeguard its relations with neighboring states, resolving any conflicts peacefully. Article 11 The Autonomous Regions have the right to be represented by their own flag, emblems and anthem. Such symbols shall be defined in a law. Article 12 The Autonomous Regions form an integral part of Syria. It is a model for a future decentralized system of federal governance in Syria. Article 13 There shall be a separation of powers between the legislature, executive and judiciary. Article 14 The Autonomous Regions shall seek to implement a framework of transitional justice measures. It shall take steps to redress the legacy of chauvinistic and discriminatory State policies, including the payment of reparations to victims, both individuals and communities, in the Autonomous Regions. Article 15 The People’s Protection Units (YPG) is the sole military force of the three Cantons, with the mandate to protect and defend the security of the Autonomous Regions and its peoples, against both internal and external threats. The People’s Protection Units act in accordance with the recognized inherent right to self-defense. Power of command in respect of the People’s Protection Units is vested in the Body of Defense through its Central Command. Its relation to the armed forces of the central Government shall be defined by the Legislative Assembly in a special law. The Asayish forces are charged with civil policing functions in the Autonomous Regions. Article 16 If a court or any other public body considers that a provision conflicts with a provision of a fundamental law or with a provision of any other superior statute, or that the procedure prescribed was set aside in any important respect when the provision was introduced, the provision shall be nullified. Article 17 The Charter guarantees the rights of the youth to participate actively in public and political life. Article 18 Unlawful acts and omissions and the appropriate penalties are defined by criminal and civil law. Article 19 The system of taxation and other fiscal regulations are defined by law. Article 20 The Charter holds as inviolable the fundamental rights and freedoms set out in international human rights treaties, conventions and declarations. |
Article 1 This document is named: “The Social Contract of the Democratic Federalism of Northern Syria”. The preamble is considered an integral part of this contract. Article 2 The democratic federal system of northern Syria adopts the ecological and democratic system and women’s freedom. Article 3 The democratic federalism of northern Syria draws its legitimacy from the will of peoples and groups through free and democratic elections. Article 4 All languages in northern Syria are equal in all areas of life, including social, educational, cultural, and administrative dealings. Every people shall organize its life and manage its affairs using its mother tongue. Article 5 The Democratic Federalism of Northern Syria and its administration shall have a centre and a special flag, along with the democratic federal Syria flag and it shall have an emblem; this is regulated by law. Article 6 The Oath “I swear by the Almighty God and by the blood of Martyrs to abide by the social contract and its articles, preserve the peoples’ democratic rights and the values of Martyrs, protect the freedom, safety, and security of the regions of the Northern Syria Democratic Federalism, preserve the federal Syria, and work to achieve social justice according to the principle of the democratic nation.” Article 7 “The Democratic Federalism of Northern Syria” consists of cantons based on democratic self-administrations, which depend on the democratic organizations of ideological, ethnic, feminine, cultural groups, and all social segments. Article 8 “The Democratic Federalism of Northern Syria” is based on the organized society and the free individual. In this framework, peoples’ local organizations, groups, and components are the basis of this federalism. Article 9 The democratic, environmental, and societal life are the basis for building an ecological democratic society in order not to harm, abuse, and destroy nature. Article 10 Coexistence shall be established within a fair, free and democratic society system according to the principles of the democratic nation, which are full of the spirit of fraternity between all peoples and groups in northern Syria. Article 11 “The Democratic Federalism of Northern Syria” is based on the principle of making the land, water, and resources publicly owned; it adopts ecological industry and societal economy; it does not allow exploitation, monopoly, and the objectification of women; it shall realize health and social insurance for all individuals. Article 12 The Democratic Federalism of Northern Syria adopts the co-presidency system in all political, social, administrative, and other fields. It considers it a main principle in equal representation of both genders. The co-presidency system contributes to organizing and establishing the democratic confederate system of women as a special entity. Article 13 Women’s freedom and rights and gender equality shall be guaranteed in society. Article 14 Women shall enjoy free will in the democratic family, which is based on mutual and equal life. Article 15 Youth are considered the leading and effective force in society and their participation shall be guaranteed in all fields of life. Article 16 Fair representation of all ethnic components in all the administrative institutions related to federalism shall be guaranteed according to demography of the region. |
Article 1 This charter is the social contract for the Democratic Autonomous Administration of the North and East Syrian Region, and the preamble is the core of this contract and an integral part of it. Article 2 The Democratic Autonomous Administration of North and East Syria adopts the following systems: democratic, environmental, societal, and women’s freedom. Article 3 The Democratic Autonomous Administration of North and East Syria develops and consolidates a moral-political society, adopting the principles of democratic modernity in the face of capitalist modernity. Article 4 The Democratic Autonomous Administration of North and East Syria derives its legitimacy from the will of peoples and groups on the basis of free and equal participation and through democratic elections. Article 5 The Democratic Autonomous Administration of North and East Syria is part of the Syrian Democratic Republic. Article 6 All languages in the geography of North and East Syria are equal in all areas of social, educational, and cultural life. Every people or cultural group has the right to organize its life and conduct its affairs in its mother tongue. Article 7 Languages: Arabic, Kurdish, and Syriac are official languages in the areas of the Democratic Autonomous Administration Article 8 The Democratic Autonomous Administration of North and East Syria has a special status and flag that is raised alongside the flag of the Syrian Democratic Republic. It has a logo and this is enshrined in law. Article 9 The Democratic Autonomous Administration of North and East Syria adopts the principle of independence of the judiciary. Article 10 Oath: I swear to God Almighty, and I pledge to the martyrs: to abide by the social contract and its articles, to preserve the democratic rights of the peoples and the values of the martyrs, to preserve the freedom, safety and security of the regions of the Democratic Autonomous Administration of North and East Syria and the Democratic Republic of Syria, and to work for a free, equal life and the achievement of social justice, according to the principle of the democratic nation Article 11 The Democratic Autonomous Administration of North and East Syria consists of cantons based on the concept of local democracy based on the democratic system that takes the confederal democratic organizations of social groups and segments as its basis. Article 12 The Democratic Autonomous Administration of North and East Syria depends on a secure society and the free individual, and takes the local organizations of peoples, groups and components as its basis in accordance with the principle of direct democracy. Article 13 Decisions that directly affect components are taken according to the principle of consensus. Article 14 Adopting environmental and societal democratic life as a basis, and working to build an environmentally democratic society, and preventing unjust dealing with, plundering of and destruction of nature. Article 15 Consolidating the values of coexistence in accordance with the principles of a democratic nation filled with a spirit of brotherhood among all peoples and groups in North and East Syria within a free and just democratic societal system. Article 16 The Democratic Autonomous Administration of North and East Syria guarantees the political, economic and cultural rights of the Kurdish people and preserves the historical characteristics and authentic demographic structures of the Kurdish regions. Article 17 The Democratic Autonomous Administration of North and East Syria guarantees the political, cultural and economic rights of the Syriac-Assyrian people, preserves its values and historical existence, and rejects any demographic change in its regions based on fair representation and the principle of interoperability. Article 18 The Democratic Autonomous Administration adopts the principle of societal economy, which establishes self-sufficiency and sustainable and balanced development. Article 19 The Democratic Autonomous Administration develops the societal economy for women, eliminating the exploitation of women. Article 20 Natural wealth and resources belong to society. They are used and invested according to the needs of the regions and in a fair manner. This is enshrined in law. Article 21 Developing health insurance for all society; public health services will be free. Article 22 Preventing monopolies in the fields of education and health. Article 23 Martyrdom is a sacred value, and the Autonomous Administration guarantees the families of martyrs, the wounded and prisoners of war care and a decent life. Article 24 The Democratic Autonomous Administration of North and East Syria adopts the system of co-chair-ship in all political, social, administrative and other fields and considers it a principle of equal representation between the sexes, which contributes to the organization and consecration of the democratic confederal system for women as their own entity. Article 25 Ensuring women’s freedom and rights in society and gender equality. Article 26 Women enjoy their free will in the democratic family that is established on the basis of a shared equal life. Article 27 Preserving environmental life and the ecosystem is a duty for the citizen, society and all organizations and institutions. Article 28 Youth is the effective and pioneering force in society. It organizes itself in all social activities and participates, of its own free will and organized force, in all areas of life. Article 29 Fair representation of all components in Democratic Autonomous Administration institutions according to the demographics of the regions. Article 30 Self-defense against any external or internal danger is a legitimate right, and it is a duty for individuals and groups living under the Democratic Autonomous Administration to defend themselves and preserve their dignity in the event that they are exposed to attack. Article 31 The citizen in the Democratic Autonomous Administration is a free individual, endowed with moral and democratic values and has the right to participate in more than one commune. Article 32 The historical monuments, monuments, and cultural heritage of the peoples of northern and eastern Syria are a national heritage that all individuals and society must preserve. Article 33 There is no crime and no punishment outside of the legal system Article 34 The accused is innocent until proven guilty by final judgment. Article 35 There are no taxes or fees outside of those which are legally stipulated. Article 36 The Democratic Autonomous Administration of North and East Syria is committed to liberating the occupied territories and returning their people to their regions. |
Различные редакции последовательно отражают эволюцию структуры управления у сирийских курдов: от автономных регионов (кантонов – по аналогии с Швейцарской Конфедерацией) в версии 2014 года до федерации в редакции 2016 года и автономной администрации в Социальном контракте 2023 г. The three editions reflect the evolution of the governance structure of the Syrian Kurds: From the Autonomous Regions (similarly to the Swiss cantons) in 2014 to the Democratic Federalism in 2016 and the Democratic Autonomous Administration in 2023. Курдская модель автономного самоуправления позиционируется как образцовая для всей «демократической федеративной Сирии». The Kurdish model of autonomous self-government is being positioned as the pattern for the entire “democratic federal Syria.” Делается акцент на императиве охраны экологии, свободе личности и гендерном равенстве. Что согласуется с одной стороны с левыми идеями эгалитаризма, а с другой, либеральными западными идеями свободы и демократии. В первом случае идеи созвучны с идеологией Рабочей партии Курдистана и ее лидера Абдуллы Оджалана (осужден в Турции за терроризм). Во втором коррелируются с рекомендациями партнеров из США. Emphasis is put on the main imperative of environmental protection, the free individual, and the gender equality. Which correlates with both the leftist ideas of egalitarianism and the Western liberal ideas of freedom and democracy. In the first case, the ideas are consistent with the ideology of the Kurdistan Workers' Party and its leader Abdullah Ocalan (convicted in Turkey for terrorism). In the second case, the ideas are partly inspired by the recommendations of the partners from the USA.
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Основные права и свободы (Fundamental Rights and Freedoms) |
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Article 21 The Charter incorporates the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, as well as other internationally recognized human rights conventions. Article 22 All international rights and responsibilities pertaining civil, political, cultural, social, and economical rights are guaranteed. Article 23 a – Everyone has the right to express their ethnic, cultural, linguistic and gender rights b – Everyone has the right to live in a healthy environment, based on ecological balance. Article 24 Everyone has the right to freedom of opinion and expression; including freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. Freedom of expression and freedom of information may be restricted having regard to the security of the Autonomous Regions, public safety and order, the integrity of the individual, the sanctity of private life, or the prevention and prosecution of crime. Article 25 a- Everyone has the right to liberty and security of person. b- All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. c- Prisoners have the right to humane conditions of detention, which protect their inherent dignity. Prisons shall serve the underlying objective of the reformation, education and social rehabilitation of prisoners. Article 26 Every human being has the inherent right to life. No one within the jurisdiction of the Autonomous Regions shall be executed. Article 27 Women have the inviolable right to participate in political, social, economic and cultural life. Article 28 Men and women are equal in the eyes of the law. The Charter guarantees the effective realization of equality of women and mandates public institutions to work towards the elimination of gender discrimination. Article 29 The Charter guarantees the rights of the child. In particular children shall not suffer economic exploitation, child labor, torture or cruel, inhuman or degrading treatment or punishment, and shall not be married before attaining the age of majority. Article 30 All persons have the right 1. to personal security in a peaceful and stable society. 2. to free and compulsory primary and secondary education. 3. to work, social security, health, adequate housing. 4. to protect the motherhood and maternal and pediatric care. 5. to adequate health and social care for the disabled, the elderly and those with special needs. Article 31 Everyone has the right to freedom of worship, to practice one’s own religion either individually or in association with others. No one shall be subjected to persecution on the grounds of their religious beliefs. Article 32 a)- Everyone has the right to freedom of association with others, including the right to establish and freely join any political party, association, trade union and/or civil assembly. b)- In exercising the right to freedom of association, political, economic and cultural expression of all communities is protected. This serves to protect the rich and diverse heritage of the peoples of the Autonomous Regions. c)- The Yezidi religion is a recognized religion and its adherents’ rights to freedom of association and expression is explicitly protected. The protection of Yezidi religious, social and cultural life may be guaranteed through the passage of laws by the Legislative Assembly. Article 33 Everyone has the freedom to obtain, receive and circulate information and to communicate ideas, opinions and emotions, whether orally, in writing, in pictorial representations, or in any other way. Article 34 Everyone has the right of peaceful assembly, including the right to peaceful protest, demonstration and strike. Article 35 Everyone has the right to freely experience and contribute to academic, scientific, artistic and cultural expressions and creations, through individual or joint practice, to have access to and enjoy, and to disseminate their expressions and creations. Article 36 Everyone has the right to vote and to run for public office, as circumscribed by law. Article 37 Everyone has the right to seek political asylum. Persons may only be deported following a decision of a competent, impartial and properly constituted judicial body, where all due process rights have been afforded. Article 38 All persons are equal before the law and are entitled to equal opportunities in public and professional life. Article 39 Natural resources, located both above and below ground, are the public wealth of society. Extractive processes, management, licensing and other contractual agreements related to such resources shall be regulated by law. Article 40 All buildings and land in the Autonomous Regions are owned by the Transitional Administration are public property. The use and distribution shall be determined by law. Article 41 Everyone has the right to the use and enjoyment of his private property. No one shall be deprived of his property except upon payment of just compensation, for reasons of public utility or social interest, and in the cases and according to the forms established by law. Article 42 The economical system in the provinces shall be directed at providing general welfare and in particular granting funding to science and technology. It shall be aimed at guaranteeing the daily needs of people and to ensure a dignified life. Monopoly is prohibited by law. Labor rights and sustainable development are guaranteed. Article 43 Everyone has the right to liberty of movement and freedom to choose his residence within the Autonomous Regions. Article 44 The enumeration of the rights and freedoms set forth in Section III is non-exhaustive. |
Article 17 “The Democratic Federalism of Northern Syria” shall abide by the international declaration of human rights and all related charters of human rights. Article 18 The right to life is essential and guaranteed in this contract, which does not permit capital punishment. Article 19 Human dignity shall be preserved and it is not permissible to torture anyone psychologically or physically; the doer shall be punished. Article 20 Peoples, groups, and societal segments shall have the right to organize themselves freely. Cultural oppression and fusion, extermination, and occupation shall be considered a crime against humanity; resistance against these practices shall be considered legitimate. Article 21 Every canton or group shall have the right to decide its own affairs provided that it does not contradict this contract. Article 22 Freedom of faith, conscious, and thought and the right to self-organization and self-expression shall be guaranteed for all people. Article 23 Everyone shall have the right to participate in political life, run as a candidate, and elect according to the law. Article 24 No one shall be insulted or excluded on the basis of difference in colour, gender, race, religion, or belief. Article 25 Using violence, manipulation, and discrimination against women shall be considered a crime punished by law. Article 26 Women shall have the right to equal participation in all fields of life (political, social, cultural, economic, administrative, and others) and take decisions relevant to their affairs. Article 27 Youth shall have the right to organize themselves and occupy effective positions in all fields of life, taking their special characteristics into consideration. Article 28 Every defendant shall be presumed innocent until convicted by law. Article 29 Private places or houses may not be entered or inspected except by an order of judicial authority in cases of being caught in the act. Article 30 Individual freedom shall not be restricted without a legal basis. Article 31 The right to self-defence is sacred and shall not be restricted. The law shall guarantee to everyone the right to prosecution. Article 32 Everyone shall have the right to live in a sound ecological society. Article 33 Cultural, ethnic, and religious groups and components shall have the right to name its self-administrations, preserve their cultures, and form their democratic organizations. No one or component shall have the right to impose their own beliefs on others by force. Article 34 Education shall be free at all stages; the elementary and intermediate education is compulsory. Article 35 Every citizen shall have the right to work, health care, change residence, and get a house. Article 36 The rights of all workers, in work and social life, and support for their organizations shall be guaranteed and regulated by law. Article 37 Freedom of media, press, and publishing shall be guaranteed. Article 38 Every citizen shall have the right to get and access information. Article 39 All people shall have the right to develop and publicize their cultural and artistic activities. Article 40 Every human shall have the right to seek human and political asylum; the political refugee may not be returned to their country without their approval. Article 41 Wealth and natural resources are publicly owned; and their investment, management, and conditions of fair distribution shall be regulated by law. Article 42 Investment shall be in special projects, which take into account the ecological balance, provide necessary services for economic development, aim at meeting social needs, and contribute to activate and establish societal economic activities. Article 43 The right to private ownership shall be guaranteed unless it contradicts the common interest and shall be regulated by law. Article 44 The participation of all citizens in the legitimate defence of the Democratic Federalism of Northern Syria, or the Democratic Syria Federalism is a right and duty to deter any attack. Article 45 The rights of people with special needs shall be guaranteed, and a decent living for the disabled and old people shall be secured. Article 46 Child rights shall be preserved; labour and manipulation of child shall be prevented. |
Article 37 The Democratic Autonomous Administration of North and East Syria adheres to the Universal Declaration of Human Rights and all relevant human rights regulations. Article 38 The right to life is a fundamental and inviolable right. The death penalty is not permitted. Article 39 Human dignity is protected and no one may be psychologically tortured, in accordance with the law. Article 40 Every person has freedom of belief, conscience, thought and opinion. Article 41 The Yazidi religion is an independent religion, and its adherents have the right to preserve their religious, social and cultural privacy, and protect it from all types of assimilation and extermination through their institutions and the relevant institutions of the Democratic Autonomous Administration Article 42 Everyone has the right to hold meetings, march and protest. This is regulated by law. Article 43 Freedom of political thought is guaranteed for all peoples, components and individuals, and they have the right to create and establish parties that represent their aspirations. This is regulated by law. Article 44 Peoples and components have the right to organize and express themselves freely in: the commune, the council, cooperatives, academies, and the Autonomous Administration. Article 45 Community groups can organize themselves freely and carry out their work in the form of: commune, council, association, union, federation or chamber, organized specifically according to the legal framework specified for them. Article 46 Oppression, assimilation, cultural genocide, demographic change, occupation and rape are all crimes against humanity, and peoples and groups have the legitimate right to resist them. Article 47 Each administrative unit, starting from the village, neighborhood, town, city and canton, has the right to decide on matters and affairs that concern it, provided that this does not conflict with the content of this contract. Article 48 Everyone has the right to participate in democratic politics, and to nominate and elect according to the law. Article 49 No person may be discriminated against, insulted or excluded due to differences in color, gender, race, religion, belief or sect. Article 50 Practicing all types of violence against women, exploiting them, or imposing negative discrimination on them is a crime punishable by law. Article 51 Women have the right to equal participation in all areas of life and to make decisions related to their affairs. Article 52 The youth have the right to organize themselves in particular, and to participate in an organized and voluntary manner in all areas of life. Article 53 The Democratic Autonomous Administration and society secure and provide the necessary capabilities for mental and physical participation in all areas of life for people with special needs, and secure a decent life for those who cannot provide for their needs. Article 54 The elderly are the memory of society and people of knowledge. They have the right to social security, to participate in all aspects of life properly and to be given the appreciation they deserve. Article 55 Children’s rights are protected, and the use of violence against them, their employment, exploitation and recruitment is prohibited. This is regulated by law. Article 56 Everyone has the right to a fair trial. Article 57 It is not permissible to arrest, enter, or search private places or residential homes except with judicial permission or in cases of flagrante delicto. Article 58 Individual freedom is not restricted without a legal document. Article 59 Everyone has the right to live within a healthy environmental society. Article 60 Cultural, ethnic and religious groups and components have the right to name and form their democratic organizations and institutions and to preserve their cultures. No person or entity has the right to impose its belief, thought, or culture on others through coercion. Article 61 The Autonomous Administration is keen to enhance the historical values of tribes and clans in a way that serves development and peaceful coexistence among society, and opposes all tribal customs that are inconsistent with the social contract. Article 62 Education is free at all levels, and primary and intermediate education is compulsory. Article 63 Every citizen has the right to work, movement and housing. Article 64 The rights of hard-working people are protected and the right to organization and social life is ensured, and this shall be regulated by law. Article 65 Freedom of the media, press and publication is guaranteed, and this is regulated by law. Articled 66 Everyone has the right to access and obtain information, and this is regulated by law. Article 67 Everyone has the right to develop and disseminate their cultural, artistic and community activities and to participate in and benefit from them, and this is regulated by law. Article 68 Every human being has the right to request humanitarian and political asylum and to renounce ill-treatment. A political refugee shall not be returned to his country without his consent. This is enshrined in law. Article 69 Natural wealth and resources are public wealth for society. It is forbidden to convert them into private property, and their investment, management, and disposal are regulated fairly by law. Article 70 Private property is protected and may not be taken away except for the public interest. It must be compensated fairly, and this is regulated by law. Article 71 Owning and giving property for the purpose of demographic change is prohibited. Article 72 The participation of all citizens in legitimate defense is a right and a duty to deter any attack on the areas of the Democratic Autonomous Administration of North and East Syria and the Democratic Republic of Syria. Article 73 Intellectual property is protected and this is regulated by law. |
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Общественная система (The Societal System) |
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Article 45 The Legislative Assembly in the Autonomous Region, is elected by the people by direct, secret ballot, and the duration of the course is four (4) years. Article 46 The first meeting of the Legislative Assembly shall be held no later than the 16th day following the announcement of the final results of elections in all Autonomous Regions. Such results will be certified and announced by the Higher Commission of Elections. The President of the Transitional Executive Council will convene the first meeting of the Legislative Assembly. If compelling reasons dictate that its first meeting cannot be so held, the President of the Transitional Executive Council will determine another date to be held within fifteen days. Quorum is met by fifty + one (50+1%) percent attendants of the total. The oldest member of the Legislative Assembly will chair its first meeting at which the Co-Presidents and Executive Council will be elected. The sessions of the Legislative Assembly are public unless necessity demands otherwise. The movement of the Legislative Assembly into closed session is governed by its rules of procedure. Article 47 There shall be one member of the Supreme Legislature Council per fifteen thousand (15,000) registered voters residing within the Autonomous Region. The Legislative Assembly must be composed of at least forty per cent (40%) of either sex according to the electoral laws. The representation of the Syriac community, as well as youth representation in the election lists, is governed by electoral laws. Article 48 1- No member of the Legislative Assembly may run for more than two consecutive terms. 2 – The term of the Legislative Assembly may be extended in exceptional cases at the request of one quarter (1/4) of its members or at the request of the Office of the President of the Council, with the consent of two-thirds (2/3) of the members of the Council. Such extension shall be for no longer than six (6) months. Article 49 Every person who has reached the age of eighteen (18) years is eligible to vote. Candidates for the Legislative Assembly must have attained the age of twenty-two (22) years. Conditions for candidacy and election are stipulated by electoral law. Article 50 Members of the Legislative Assembly enjoy immunity in respect of acts and omissions carried out in the function of official duties. Any prosecutions require the authorization of the Legislative Assembly, with the exception of flagrante crime. At the earliest opportunity, the Office of the President of the Council shall be informed of all pending prosecutions. Article 51 No member, during his term of office, is permitted any public, private, or other profession. Such employment is suspended once he makes the constitutional oath. He has the right to return to his job, with all its rights and benefits, once his membership ends. Article 52 Local Councils in each province of the Autonomous Regional shall be formed through direct elections. Article 53 The functions of the Legislative Assembly are to: – Establish rules and procedures governing the work of the Legislative Assembly. – Enact legislation and proposed regulations for the Local Councils and other institutions, including permanent and ad hoc committees, under its purview. – Exercise control over administrative and executive bodies, including use of powers of review. – Ratification of international treaties and agreements. – Delegate its powers to the Executive Council or to one of its members and thereafter to withdraw such powers. – Declare a State of war and peace. – Ratify the appointment of members of the Supreme Constitutional Court. – Adopt the general budget. – Establish general policy and development plans. – Approve and grant amnesty. – Adopt decrees promulgated by the Executive Council; and – Adopt laws for the common governance of the Provincial Councils of the Autonomous Regions. Article 54 Canton Governor A- The Canton Governor, together with the Executive Council of the Autonomous Regions, hold executive authority as set forth in this Charter. B- The candidate to the post of Canton Governor must. 1- Be over thirty-five years of age; 2- Be a Syrian citizen and a resident of the canton; and 3- Have no convictions or cautions. C- The procedure governing the candidacy and election of Canton Governor: 1- Within 30 days of the first session of the Legislative Assembly, its President must call for the election of the Canton Governors. 2- Requests to nominate candidates for the position of Canton Governor must be made, in writing, to the Supreme Court which shall examine and accept or reject not later than ten (10) days after the close of nominations. 3- The Legislative Assembly shall elect the Canton Governor by a simple majority. 4- If no candidate receives the required simple majority, a second electoral round is initiated, with the candidate receiving the highest number of votes, being elected. 5- The term of Canton Governor is four (4) years from the date of the taking of the Oath of Office; 6- The Canton Governor makes the Oath of Office before the Legislative Assembly before commencing official duties. 7- The Canton Governor appointed one or more Deputies, approved by the Legislative Assembly. The Deputies take an Oath of Office before the Canton Governor, after which specified functions may be delegated to them. 8- Should the Canton Governor be unable to fulfill his official functions, one of his Deputies shall replace him. Where the Canton Governor and the Deputies are unable to fulfill their duties for any reason, the tasks of the Canton Governor will be carried out by the President of the Legislative Assembly; and 9- The Governor must address any letter of resignation to the Legislative Assembly. D- The powers and functions of the Canton Governor: 1- The Canton Governor shall ensure respect for the Charter and the protection of the national unity and sovereignty, and at all times performing his functions to the best of ability and conscience. 2- The Canton Governor shall appoint the President of the Executive Council. 3- The Canton Governor shall implement laws passed by the Legislative Assembly, and issue decisions, orders and decrees in accordance with those laws. 4- The Canton Governor must invite the newly elected Legislative Assembly to convene within fifteen (15) days from the announcement of the election results; 5- The Canton Governor may grant medals. 6- The Canton Governor may issue amnesties as recommended by the President of the Executive Council. E- The Canton Governor is responsible to the people through his representatives in the Legislative Assembly. The Legislative Assembly has the right to bring him before the Supreme Constitutional Court for charges of treason and other forms of sedition. The Executive Council: The Executive Council is the highest executive and administrative body in the Autonomous Regions. It is responsible for the implementation of laws, resolutions and decrees as issued by the Legislative Assembly and judicial institutions. It shall coordinate the institutions of the Autonomous Regions. Article 55 The Executive Council is composed of a Chairman, representatives and committees. Article 56 The party or bloc winning a majority of seats in the Legislative Assembly shall form the Executive Council within one month from the date of assignment, with the approval of the simple majority (51%) of the members of the Legislative Assembly. Article 57 The Head of the Executive Council shall not serve more than two consecutive terms, each term being four (4) years in length. Article 58 The Head of the Executive Council may choose advisers amongst the newly elected members of the Legislative Council. Article 59 Each adviser shall be responsible for one of the bodies within the Executive Council. Article 60 The work of the Executive Council, including the Departments, and their relation to other institutions/committees is regulated by law. Article 61 After the formation and approval of the Executive Council, it shall issue its prospective Program for Government. Following its passage through the Legislative Assembly, the Executive Council is obliged to implement the Program of Government during that legislative term. Article 62 Senior civil servants and Department representatives shall be nominated by the Executive Council and approved by the Legislative Council. Provincial Administrative Councils [Municipal Councils]: 1- The Cantons of the Autonomous Regions are composed of Provincial Administrative Councils [Municipal Councils] and are managed by the relevant Executive Council which retains the power to amend its functions and regulations; 2- The powers and duties of the Provincial Administrative Councils [Municipal Councils] are founded upon an adherence to a policy of decentralization. The Canton’s supervision of the Provincial Administrative Councils’ [Municipal Councils’] authority, including its budget and finance, public services and mayoral elections are regulated by law. 3- Provincial Administrative Councils [Municipal Councils] are directly elected by the public, using secret ballot. Article 63 The independence of the Judiciary is founding principle of the rule of law, which ensures a just and effective disposition of cases by the competent and impartial courts. Article 64 Everyone charged with a criminal offence shall be presumed innocent until and unless proved guilty by a competent and impartial court. Article 65 All institutions of the Judicial Council must be composed of at least forty per cent (40%) of either sex. Article 66 The right to defense is sacred and inviolable at all stages of an investigation and trial. Article 67 The removal of a Judge from office requires a decision from the Judicial Council. Article 68 Judgments and judicial decisions are issued on behalf of the people. Article 69 Failure to implement judicial decisions and orders is a violation of law. Article 70 No civilian shall stand trial before any military court or special or ad hoc tribunals. Article 71 Searches of houses and other private property must be done in accordance with a properly executed warrant, issued by a judicial authority. Article 72 Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him. Article 73 No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law. Article 74 Anyone who has been the victim of unlawful arrest or detention or otherwise suffered damage or harm as a result of the acts and omissions of public authorities has an enforceable right to compensation. Article 75 The Judicial Council is established by law. Article 76 The Higher Commission of Elections is an independent body competent to oversee and run the electoral process. It is composed of 18 members, representing all cantons, who are appointed by the Legislative Assembly. 1. Decisions in the Commission require a qualified majority of eleven (11) votes. 2. Member of the Higher Commission of Elections may not stand for office in the Legislative Assembly. 3. The Higher Commission of Elections determine the date on which elections are held, the announcement of the results, and receive the nominations of eligible candidates for the Legislative Assembly. 4. As stated in paragraph 51, the Higher Commission of Elections verifies the eligibility of candidates seeking election to the Legislative Assembly. The Higher Commission of Elections is the sole body competent to receive allegations of electoral fraud, voter intimidation or illegal interference with the process of an election. 5. The Higher Commission of Elections is monitored by the Supreme Court and may be monitored by observers from the United Nations and civil society organizations. 6. The Higher Commission of Elections, together with the Judicial Council, shall convene a meeting of all candidates seeking election to the Legislative Assembly to announce the names of eligible candidates. Article 77 a)- The Supreme Constitutional Court is composed of seven (7) members, all of whom are nominated by the Legislative Assembly. Its members are drawn from Judges, legal experts and lawyers, all of whom must have no less than fifteen (15) years of professional experience. b)- No member of the Supreme Constitutional Court shall not be eligible to serve on the Executive Council or in the Legislative Assembly or to hold any other office or position of emolument, as defined by law. c)- A member’s term of office runs for four (4) years. No member may serve more than two terms. The functions of the Supreme Constitutional Court Article 78 1. To interpret the articles and underlying principles of the Charter. 2. To determine the constitutionality of laws enacted by the Legislative Assembly and decisions taken by Executive Council. 3. To judicially review legislative acts and executive decisions, where such acts and decisions may be in the conflict with the letter and spirit of the Charter and the Constitution. 4. Canton Governors, members of the Legislative Assembly and Executive Council may be brought before the Supreme Constitutional Court, when alleged to have acted in breach of the Charter. 5. Its decisions are reached through simple majority vote. Article 79 A member of the Supreme Constitutional Court shall not be removed from office except for stated misbehavior or incapacity. The provisions and procedures governing the work of the Supreme Constitutional Court shall be set out in a special law. Article 80 Procedure for determination of the constitutionality of laws as follow: 1- The decision for the non-constitutional of any law will be as follow: a)- Where, prior to a law’s enactment, more than twenty per cent (20%) of the Legislative Assembly objects to its constitutionality, the Supreme Constitutional Court is seized of the matter and shall render its decision within fifteen (15) days; if the law is to be urgently enacted, a decision shall be rendered within seven (7) days. b)-Where, following the rendering of the Judgment of the Supreme Constitutional Court, more than twenty per cent (20%) of the Legislative Assembly still objects to its constitutionality, an appeal may be lodged. c)- If, on appeal, the Supreme Constitutional Court rules the law to be enacted as unconstitutional, the law shall be considered null and void. 2. If an argument is raised in a court concerning the constitutionality of a law as follow: a)- If parties to a case raise a challenge to the constitutionality of a law and the court so holds, the matter is stayed while it is referred to the Supreme Constitutional Court b)- The Supreme Constitutional Court must deliver its judgment within thirty (30) days.
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Article 47 Peoples and groups in “The Democratic Federalism of Northern Syria” shall organize their free and democratic societal lives based on forming communes, societal institutions, unions, and assemblies. The democratic system of society shall be developed and established based on these institutions. Article 48 The commune is the essential basic organizational form of direct democracy. It is a system to make decisions and management within its organizational and administrative boundary. It works as an independent council in all stages of decision making. Article 49 The councils: They are the societal units which represent the people, discuss and decide its affairs, and formulate policies beginning with villages, neighborhoods, towns, and districts. They protect society, ensure its continuity, and secure the realization of its goals, in the political, social, cultural, and economic fields. They organize society by enabling direct democracy and set rules and principles related to democratic and free life. Article 50 All councils shall be formed according to the following principles: The councils consist of a sufficient number of elected members according to population; 60% of the representatives are directly elected by people, and 40% are elected by the components, groups, and social segments. This shall be regulated by a special law according to consensual democracy. 1. No member of the councils and executive boards shall be a candidate for co- presidency for more than two terms. 2. The council of the village, neighborhood, town, region, or district, is formed by representatives who are democratically elected, within their residence boundary, by ethnic, religious, cultural groups, social segments, or communes. The electoral term is decided by the councils’ rules of procedure. 3. The councils elect a sufficient number of coordinating board members in the neighborhood and town and the executive board of the town and region. They elect their co-presidents and organize their activities through committees. 4. The councils approve members of the justice systems and the internal security administration, and oversee them. Article 51 The district in the societal system of “Democratic Federalism of Northern Syria” is the extension of the city with its surroundings. 1. The district council is the legislative system elected by free voting of the peoples and groups and is formed according to election laws. It consists of a sufficient number of members according to population and size of the district. 2. It shapes the policies for the entire district and takes necessary decisions. 3. It organizes activities and forms committees according to the democratic nation principles. 4. It elects its executive board. 5. It approves the members of the justice office and local security administration in the district. 6. It monitors justice, internal security, and administrative systems in the district. Article 52 The executive board of the district 1. It consists of a sufficient number of members and two co-presidents elected by the district council. 2. It implements the decisions and applies the policies decided by the district council. It is responsible to the district council and provides it with reports on its regular activities. 3. It organizes and practices its activities through committees, which consist of sufficient numbers of members. The co-spokespersons in each committee shall coordinate its activities. The co-spokespersons of the committees shall be from executive board members of the district. Article 53 The canton in the “Democratic Federalism of Northern Syria” is the self- administration unit, which consists of a district, more than one district, or some regions that share the same historical, demographical, economic, and cultural characteristics and are geographically integrated and connected. Article 54 1. The cantons of the democratic self-administration in the “Democratic Federalism of Northern Syria” shall organize themselves and administer their affairs according to the principles of the democratic self-administration in political, economic, social, internal security, health, educational, defense, and cultural areas. They shall enjoy the rights and authorities stated in the laws enshrined by “The Democratic Federalism of Northern Syria”. 2. Every canton shall organize itself according to the principles of self-sufficiency in the economic sector. It shall help in securing general social prosperity and richness in the “Democratic Federalism of Northern Syria” according to its strength and conditions; it shall take its share from the general budget of the federalism. 3. All cantons shall adopt a fair distribution of underground and over ground wealth in the “Democratic Federalism of Northern Syria” and “The Democratic Federal Syria” (petrol, water, mineral reserve, woods). The fair distribution of wealth is regulated by law. 4. Every canton shall have the right to build and develop its justice system provided that it does not contradict the social contract of the “Democratic Federalism of Northern Syria” and the treaties and charters of the of international human rights. 5. Every canton shall be responsible for organizing and strengthening its internal security system. 6. Every canton shall have the right to legitimate defense against foreign attacks, and it shall also be responsible to defend the “Democratic Federalism of Northern Syria” and “The Democratic Federal Syria”. 7. Every canton shall have the right to develop and establish diplomatic, economic, social, and cultural relations with the neighboring peoples and countries provided that they do not contradict the social contract of the “Democratic Federalism of Northern Syria” and the “Democratic Federal Syria”. 8. The components of each canton shall have the right to practice and establish their political, social, and cultural lives using their mother tongues and cultures. 9. The principles of rules and mechanisms of every item of the cantons’ rights, authorities, and responsibilities, stated above, shall be decided by separate and detailed laws. Article 55 Peoples’ assembly in the canton: 1. It is a representative assembly for peoples and groups in each canton; it legislates, monitors, and shape general policies; its electoral term is four years; and its mechanism of work is regulated by law. 2. 40% of the canton’s assembly members are formed from directly and democratically elected representatives within the ethnic, religious, doctrinal, and cultural components; this shall be regulated by law. 60% of the people’s representatives are elected in general elections. 3. The first session is held sixteenth days after announcing final results in all regions by the high electoral commission. The co-presidents of the executive council shall call for holding the first session of the elected peoples’ assembly. If the first meeting was not held for inevitable reasons, the co-presidents of the executive council would decide another date within fifteen days. The quorum must be (50%+1) from the general attendance. The first meeting of the peoples’ assembly is headed by the oldest member; and the co- presidents and office are elected; the sessions shall be open unless there is a necessity according to its rules of procedure. 4. It is possible to extend for six months the term of the peoples’ assembly in extraordinary cases at request of quarter of the members or the assembly’s presidential office; the approval of two thirds of the assembly members is needed. 5. The assembly member shall enjoy immunity during his/her entire membership; he/she shall not be held accountable for their opinions; he/she shall not be prosecuted without the assembly’s permission unless being caught in the act; and the assembly’s office must be informed. 6. It shall shape policies and take decisions regarding social, economic, internal security, educational, health, and cultural fields in the canton. 7. It shall elect an office of six members including the co-presidents to organize and manage the assembly’s activities. 8. It monitors and supervises through its committees. 9. It elects the co-presidents of the executive council with two thirds majority and assigns them to form the executive council to approve it. It shall have the right to vote of no confidence in the executive council or any of its members. 10. It shall approve the members of the justice systems, internal security system, and media, publishing, and information council and monitors their activities. 11. It shall organize and conduct activities through committees. It shall hold regular meetings and meet when necessary. 12. It shall work according to its rules of procedure. 13. It shall enshrine and legislate on rules in the canton. 14. It shall approve the general budget of the canton. 15. It shall approve the general policy and the developmental plans of the canton. 16. It shall approve and give a general amnesty in the canton. Article 56 The executive council of the canton: 1. It consists of the co-presidents, their deputies, and some boards; it shall adopt fair representation of peoples, groups, and social segments. 2. It is the executive system in the canton. It applies the decisions of the peoples’ assembly and justice institutions and provides it with regular reports on its activities. 3. It organizes itself through boards according to the principles of the democratic nation and forms its collective executive power accordingly. The council’s co-presidents assign tasks to boards. 4. The board is represented by two co-spokespersons chosen from executive council’s members. Each board consists of a sufficient number of members and representatives according to its activities. 5. The formation and organization of the executive council’s work and the relationship between the other administrations and institutions shall be regulated by law. 6. After the executive council is formed and given confidence, it releases a statement to decide its agenda for the next phase, and the council is committed to implement it during its term after approving it by the peoples’ assembly. Article 57 The democratic peoples’ conference represents all the peoples living in the “Democratic Federalism of Northern Syria”. It is a symbol of integration, fraternity, coexistence, and free democratic union of peoples in northern Syria. The conference includes Kurds, Arabs, Syriacs, Assyrians, Armenians, Turkmen, Circassians, and Chechens. From the doctrinal and cultural groups, it includes Muslims, Christians, and Yezidis. It takes into account the historical, demographic, geographic, religious, doctrinal, ethnic, and cultural structures and characteristics of all peoples and groups; and it is formed on the basis of their demands and will. The democratic peoples’ conference shall ensure the right of the peoples and groups to establish democratic self-administrations. It ensures doctrinal, ethnic and cultural freedom by law. It shall adopt the democratic system in organizing the society and enabling it to live within economic and ecological balance. The democratic peoples’ conference views the organization of democratic self-administration cantons, groups, and local units as the basis of the democratic federal system. It aims at unifying all groups under the northern Syria democratic federalism by their own free will. Article 58 1. Members of the democratic peoples’ conference are elected once every four years by people according to electoral law and the population of each canton. 2. The democratic peoples’ conference makes legislations and generally represents the peoples and groups in the “Democratic Federalism of Northern Syria”. 3. Members of the democratic peoples’ conference are elected as follows: 40% of them are democratically and directly elected from ethnic, religious, doctrinal, and cultural components, depending on population, and from social segments, depending on their organizational level in society, according to electoral law. 60% from the peoples’ representatives are directly elected by people in general elections. 4. The democratic peoples’ conference shall be administered by the “presidency office”, which consists of two co-presidents and four deputies. The two candidates for the presidency office and the co-presidents are suggested for the conference by consent of representatives of groups and social segments in the general conference. The co-presidents are elected by absolute majority while members of the presidency office are elected by half plus one vote in the general conference session. 5. The democratic peoples’ conference works through committees. It gives the final draft of the resolutions and projects which are proposed to the general conference meeting. It can form the necessary committees when needed. Its activities are done in light of the rules of procedure. Article 59 Tasks of the democratic peoples’ conference: 1. It elects the co-presidents and the conference presidency office. 2. It elects the co-presidents of the executive council with two thirds majority and assigns it to form the executive council in a month to approve it. It shall have the right to vote of no confidence in the executive council or any of its members. 3. It shapes the general policy and decides the strategic goals in all areas of society life. 4. It prepares or amends the social contract at request of a quarter of conference members and on approval of two thirds of its members. 5. It declares the state of peace and war in the “Democratic Federalism of Northern Syria”. 6. It legislates on all laws related to the “Democratic Federalism of Northern Syria”. 7. It monitors the boards through committees. 8. The conference holds regular and extraordinary meetings, evaluates its activities, plans future activities, and discusses proposed projects and approves them. 9. It approves the members of justice council, internal security system, media, publishing and information council, and the high commission for elections and supervises their activities. 10. It approves the appointment and promotion of the general leadership of the military council and monitors its activities. 11. It discusses and approves the charters and treaties concluded with cross- national institutions, States, or different groups in the name of the “Democratic Federalism of Northern Syria”. 12. It is possible to extend the electoral term of the democratic peoples’ conference for six months in extraordinary cases at request of a quarter of the members or the conference presidency office and on approval of two thirds of its members. 13. It approves the accession of a region or canton to the “Democratic Federalism of Northern Syria” after accepting the social contract. 14. It approves the general budget of the “Democratic Federalism of Northern Syria”. 15. It approves and provides a general amnesty in the “Democratic Federalism of Northern Syria”. Article 60 Tasks of the conference presidency office: 1. It represents “the democratic peoples’ conference in the democratic federalism of northern Syria”, and it is responsible for arranging, coordinating, implementing and supervising all conference activities. 2. It organizes and supervises the meetings of the general conference. 3. It activates, monitors, and supervises the committees. Article 61 The executive council of federalism: 1. It is formed by a sufficient number, and both genders are equally represented. Fair representation of peoples, groups, and social segments in the canton is adopted. Membership of the executive council can be given to 20% of those who are not members in the conference. 2. Members of the executive council are elected from among the candidates suggested by cantons’ councils from conference members. Other members are suggested to replace those who are not approved by the conference taking into consideration fair representation of the cantons. 3. Co-presidents of the cantons’ executive councils shall have the right to attend the meetings of the executive council of federalism when necessary. 4. Co-presidents of the cantons’ executive councils shall not have the right to be candidates for the co-presidency of the federalism executive council. 5. The co-presidents represent the executive council and lead its activity. Article 62 Tasks of the executive council of federalism: 1. It implements decisions and applies policies shaped and decided by the democratic peoples’ conference in the Democratic Federalism of Northern Syria. 2. It conducts diplomatic activities in the name of the “Democratic Federalism of Northern Syria”. 3. It ensures coordination and cooperation between cantons in political, economic, social, and cultural areas. 4. It supervises and monitors the boards’ work. 5. It provides reports to the democratic peoples’ conference in the “Democratic Federalism of Northern Syria”. 6. The executive council in the “Democratic Federalism of Northern Syria” organizes itself through boards and forms its executive collective strength according to the dimensions of the democratic nation. 7. Every board consists of at least six members including the co-presidents who monitor and coordinate its work; they shall be from the executive council’s members. 8. The boards in the executive council of the democratic federalism of northern Syria monitor, support, and coordinate the work of the cantons’ boards. Article 63 1. Media, publishing, and information institution shall organize itself independently according to the principle of free and democratic publishing and media. It shall help develop and support media and publishing institutions and ensure free media activities within legal frameworks. It shall not allow monopoly in the field of media and publishing; it shall monitor and supervise the realization of freedom of media in accordance with the freedom of society to receive news and necessary information. It shall also be assigned to ensure fair and equal financial support for all media and publishing systems according to legal frameworks. 2. The institution consists of a sufficient number of members, half of them are elected by the conference or cantons’ councils and they include representatives of components and social segments; and the other half are elected by national media institutions. 3. It conducts activities according to the principles of media and publishing law. It organizes itself according to fields of work and it forms committees and conduct activities according to the principles of its rules of procedure. 4. The peoples’ assembly in the cantons and the democratic peoples’ conference monitor its activities. Article 64 The “Syrian Democratic Forces” are the armed defense forces in the “Democratic Federalism of Northern Syria”. It depends on voluntary recruits of the people on one hand, and self-defense duty on the other. It is assigned to defend and protect the Democratic Federalism of Northern Syria and the Democratic Federal Syria from any attack or possible foreign threat. It ensures protecting citizens’ lives and properties. It organizes itself in a semi-independent way according to the recruitment system law. Its activities are supervised by the democratic peoples’ conference and defense board. Article 65 The social contract council consists of a number of judges, lawyers, and law figures; their number, selection method, and the council’s work is decided by law and approved with two thirds of members of the democratic peoples’ conference. When choosing the members of the social contract council, the peoples’ conference shall take into consideration representing all components. Article 66 Tasks of social contract council: 1. It interprets the social contract items. 2. It ensures that the laws issued by the peoples’ conference, decisions issued by the executive council, and the laws and decisions issued by the cantons’ councils are not contradicted. 3. It settles any differences related to the application of this contract between the democratic peoples’ conference, the executive council, and justice council. 4. It settles any differences between the federalism and the cantons or between cantons. 5. If any party gave evidence to challenge the constitutionality of a legal item applied by a court and the court which is considering the challenge found that the evidence is reliable and should be ruled on, it shall stop the case and refer the evidence to the social contract council. 6. It approves the results of the elections and general referendums. Article 67 The democratic justice system solves the problems related to justice and social rights through peoples’ participation and self-organization. Justice vision is based on the moral principles of the democratic society. It aims at building a society which adopts a democratic approach and vision and ecology that believes in freedom of women and societal life and organizes itself on the basis of democratic society. Services of justice are conducted through social participation and the organization of democratically formed local units. Article 68 1. Social justice is considered a basis to organize and self- protect society. It depends on solving social problems related to justice in the villages, neighborhood, and district communes. It solves problems by means of dialogue, negotiation, and mutual consent. 2. Actions which harm social life and environment are considered a crime. When a crime is committed, victims have the opportunity to defend their rights. Society shall have the right to assess the damage, criticize and give suggestions, and participate in decision making. 3. Punishments shall aim at rehabilitating guilty people, force them to substitute for damage, develop awareness, and correctly include them in social life. 4. Regarding the problems related to peoples, groups, and social segments, they shall have the right to form justice mechanisms and develop special solution methods provided that they do not contradict the social contract or basic human rights. 5. Regarding issues related to general interests and security of all peoples and groups, they are settled in justice systems which represent the whole society. 6. Special feminine organizations and equal representation of women are the basis in the field of justice and its institutional activities. Women-related decisions are dealt with by feminine justice systems. Article 69 Justice systems consist of reconciliation committees, justice offices, investigation committees, justice council, and feminine justice council. They are the main institutions which are active to achieve and establish social justice; and their members are elected by popular councils. 1. Reconciliation committees solve conflicts and disputes and achieve peace and social concord. They organize themselves everywhere and at all levels as needed from commune to canton; their members are from volunteers and socially respected people. 2. Justice offices are the systems which organize themselves in towns, districts, and where necessary to eliminate injustice against communities and individuals and achieve justice. Members are suggested by justice councils in the canton and voted for by peoples’ assemblies in districts. Justice offices are formed in towns and regions as necessary. 3. Investigation committees are specialized justice systems which investigate and reveal crimes to achieve justice. They carry out their tasks after being voted for and approved by the council in their residence area. 4. Justice councils in the cantons organize and supervise justice institutions in the cantons. Members are chosen by peoples’ assembly in the canton through voting. They ensure fair and democratic representation of peoples, groups, and social segments based on quota for justice institutions. 5. The justice council in the Democratic Federalism of Northern Syria is responsible for supervising and monitoring the justice system. It provides reports, projects, and draft of resolutions regarding justice activities to the democratic peoples’ conference. It ensures reciprocal coordination between cantons. Members are suggested by cantons’ justice councils and voted for by democratic peoples’ conference. 6. Women’s justice council in the democratic federalism of Northern Syria deals with all issues and affairs related to women and family. It has the right to monitor and coordinate with the cantons’ judicial councils. The high commission for elections Article /70/ 1. One third of its members are suggested by the justice council in the Democratic Federalism of Northern Syria; the other two thirds are suggested by representatives of components and social segments; all of them are approved by the democratic peoples’ conference. 2. It consists of sufficient specialized number. It is responsible for planning, organizing, and conducting popular referendums regulated by law, electing general assembly members of the democratic peoples’ conference, electing peoples’ councils members in the cantons, and all legal and democratic elections according to law. 3. The high commission for elections settles the cases of objection to elections, and its resolutions cannot be appealed against; it works according to its rules of procedure. 4. It organizes and forms the elections commission in the cantons. One third of its members are suggested by the justice council in the canton, and the other two thirds are suggested by representatives of components and social segments; and it is approved by the peoples’ council in the cantons. 5. The elections commission in the cantons organizes and forms their committees in districts according to its rules of procedure. 6. It can send its members as observers in the elections of the political parties and official institutions in the federalism and cantons. |
Article 74 The Democratic Autonomous Administration of North and East Syria organizes its democratic and free community life based on the formation of: communes, councils, academies, cooperatives, community economic units and institutions that complement the community system, which organize themselves in a confederal manner. The democratic system of society develops and is consolidated based on these institutions. Article 75 The commune: This is the basic grassroots organization form of direct democracy. It is the smallest administrative unit in the Democratic Autonomous Administration of North and East Syria. It is the place where the moral-political community develops, which produces social, economic and cultural life. The commune is a self-contained council and is the place of decision-making, administration and has the power to resolve social issues within the administrative and organizational fields. Article 76 The structure of the commune: 1 It consists of a number of families who live within the administrative and geographical boundaries of the commune. 2 Every citizen of North and East Syria is a member of the commune. 3 The co-chairs and committee members are elected by the members of the commune. If the co-chair of the commune or a member of one of the committees does not carry out their duties in the required manner, a vote of no confidence can be cast and an election can be held without waiting for the general elections. 4 The commune adopts direct democracy in its work. Article 77 People’s councils: They are the community unit that represents the people. They make their own decisions in terms of social, political, cultural, and economic aspects, work to follow up their implementation, and set rules and principles relating to free democratic life, starting with villages, neighborhoods, towns, cities, and cantons in the North and East Syrian Region. Councils deliberate on community matters, decide on its affairs and determine their policies regarding it. On this basis, they organize society, enhance its protection, ensure the sustainability of its existence and secure its needs in the political, social, cultural, economic and security fields. The bodies are organized on the principle of democratic confederation. Article 78 Structure of people’s councils: 1 The number of representatives in councils is determined according to population density, and this is regulated by law. 2 The councils shall consist of a sufficient number of elected members, at a rate of 60% of the representatives who receive the votes of the people who directly vote for them, and 40% of the representatives elected by the organized social institutions and the ethnic and religious components among themselves in a transparent and democratic manner. It is organized by a special law according to consensual democracy. 3 The duration of the electoral cycle is two years. 4 Council members, members of the executive body, and the co-chairs are not entitled to run for office after holding the same position for two consecutive terms. 5 The council works through committees and follows up their work and the work of the executive bodies. 6 Members of the executive councils are elected by the elected members of the people’s councils, but 20% comprises of appointed experts and specialists as needed. 7 The percentage of women’s representation in all councils is 50%. 8 The co-chairs of the municipalities participate in the people’s councils and at the same time in the executive councils. 9 Women represent themselves in all people’s councils, starting from the commune, town, city, canton, and the North and East Syrian Region through women’s councils. Article 79 Tasks of the people’s councils: 1 Elect the co-chairs of the council. 2 Approve the co-chairs of the executive council and the members of the executive council whose names are proposed by consensus by the components. 3 Approve the co-chairs of the justice institutions whose names are proposed by the justice councils. Justice institutions are accountable before the people’s councils by working in accordance with the social contract. 4 Approve the Internal Security Forces (Asayish) leaders whose names are proposed by the internal security institutions, and the councils supervise them. The Asayish submits its reports periodically to the people’s councils. 5 Approve the leadership of the Community Protection Forces, whose names are proposed by the leadership of the Community Protection Forces. The council supervises this. The Community Protection Forces submit its reports periodically to the people’s councils. 6 The councils work together in the form of coordination and integration. Article 80 Neighborhood council: 1 The number of its members is determined according to the population density in the neighborhood. 2 The neighborhood council shall be formed 60% by the representatives who received the votes of the electorate, and 40% by the representatives of community organizations and components elected in a transparent and democratic manner. The co-chairs of the communes affiliated with that neighborhood, who are members of the neighborhood council, and the co-chairs of the municipal committee in the neighborhood participate in it. 3 The neighborhood council elects its office and the co-chairs of that office. 4 It elects the co-chairs of its executive council. 5 It approves the members of the executive council and the Internal Security Forces department in the neighborhood. 6 It approves the leadership of the Community Protection Forces in the neighborhood whose names were suggested by the leadership of the Community Protection Forces. 7 It supervises the work of the neighborhood executive council. 8 It approves the members of the reconciliation committee proposed by the justice council. 9 The council has the right to discuss and decide on decisions affecting the neighborhood, develop plans and follow up on their implementation without interfering in the work of the communes. 10 The neighborhood council and communes work in a coordinated and integrated manner. The co-chairs of the district council are members of the city council. 12 It organizes work according to the internal regulations. Article 81 The executive council of the neighborhood council: 1 It implements the decisions of the neighborhood council. 2 It follows up the work of the council’s committees. 3 It submits its reports to the council. 4 It coordinates between the executive committees and the communes affiliated with the neighborhood. Article 82 Town: this consists of the town center, its affiliated villages and other residential units. Town council: 1 The town council shall be formed 60% by the representatives who received the votes of the electorate, and 40% by the representatives of the community organizations and components elected in a transparent and democratic manner, in which the co-chairs of the communes affiliated with that town, and the co-chairs of the town, participate. 2 It elects the co-chairs of the council’s office. 3 It elects the co-chairs of the council’s executive council. 4 It approves the members of the executive council and the Internal Security Forces department in the town. 5 It approves the leadership of the Community Protection Forces in the town whose names were proposed by the leadership of the Community Protection Forces. 6 It supervises the work of the town’s executive council. 7 It approves the members of the reconciliation committee proposed by the justice committee. 8 The council has the right to discuss and decide on decisions affecting the town, develop plans and follow up on implementation. 9 It decides on decisions affecting the town without interfering in the affairs of the commune. 10 The town council and the communes work in a coordinated and integrated manner. 11 It organizes its work according to an internal system. Article 83 Executive council of the town council: 1 It implements the decisions of the town council. 2 It follows up the work of its committees 3 It submits its reports to the council. 4 It coordinates between the executive committees and the communes affiliated with the town. Article 84 City: this consists of the city center and the towns, villages, and residential units adjacent to it. City council: 1 The city council is composed 60% by the representatives who received the people’s votes and 40% by the candidates nominated by community organizations elected in a transparent and democratic manner, in addition to the co-chairs of the towns and communes located in the city’s neighborhoods. The co-chairs of the towns are members of the city council. 2 In large cities, a neighborhood council is formed, and the co-chairs of the neighborhood council participate in the city council. 3 The town, city, and large city are organized by a particular law. Article 85 City council duties: 1 It elects its office and the co-chairs of the office. 2 It elects the co-chairs of the executive council. 3 It approves the members of the city’s executive council and supervises their work. 4 It approves the co-chairs of the court of justice and the city’s reconciliation committees, whose names are proposed by the Justice Council. 5 It approves the city’s Internal Security Forces leadership and supervises its work. 6 It approves the leadership of the Community Protection Forces for the city whose names were proposed by the leadership of the Community Protection Forces. 7 It draws plans and projects and decides on decisions affecting the city. 8 It decides on decisions related to the city without interfering in the work of towns and communes. 9 It works according to its own internal system and follows up the work through committees. 10 It carries out work in the form of: coordination and integration with towns councils, communes in the city, and neighborhood councils. Article 86 Duties of the city executive council: 1 It implements the decisions and projects approved by the city council. 2 It supervises and follows up on the work of its committees. 3 It coordinates between the city’s executive committee and the town executive committee. 4 The executive council of large cities coordinates between the city’s executive committee and the neighborhood committees. 5 It shall be accountable to the People’s Councils and submit its reports to it monthly. 6 It determines its mechanism of work through an internal system Article 87 Canton 1 The canton consists of cities, towns, villages and farms. 2 The canton in the Democratic Autonomous Administration of North and East Syria organizes itself in terms of: political, social, economic, ecological, cultural, security, educational, women and youth, on the basis of democratic confederation and the principles that the Democratic Autonomous Administration decides and operates according to. It has the powers and rights specified for it in the social contract. 3 In parallel with public investments at the level of North and East Syria, each canton organizes itself according to the principles of self-sufficiency and integration in the economic field, and works with the Democratic Autonomous Administration of North and East Syria to secure the basic needs of society, and obtains its share of capabilities according to population density and according to the need. 4 The cantons adopt the fair distribution of underground and surface wealth as their basis in the Democratic Autonomous Administration of North and East Syria. The fair distribution of wealth is regulated by law. 5 Each canton council is responsible for organizing and empowering its internal security forces and supervising their work. 6 Every canton has the right to legitimate defense against external attacks, and it is responsible for defending the Democratic Autonomous Administration of North and East Syria and the Democratic Republic of Syria. 7 Each canton has the right to develop and strengthen diplomatic, economic, social and cultural relations with peoples and countries, provided that they do not contradict the social contract of the Democratic Autonomous Administration of North and East Syria. 8 The ethnic and religious components of each canton organize and manage their political, social and cultural affairs in their own languages and cultures. 9 The foundations of the rules and mechanisms for each of the above-mentioned rights, powers and responsibilities of the cantons are determined by separate and detailed laws. Article 88 Peoples’ council of the canton 1 This is the council that represents the peoples and social groups in each canton. It performs the role of legislation, oversight, and drawing up public policies. The duration of the electoral term here is two years. The mechanism of work of the council and its committees is determined by internal regulations. 2 The council shall be composed according to population density, 60% comprised of those elected by the people in general elections, and 40% comprised of the members of the people’s council in the canton (including the co-chairs of the people’s councils and the executive council in the cities) who are representatives elected in a democratic and transparent manner within the ethnic, religious, ideological and cultural components. This is regulated by the Elections Law. 3 The first session will be held on the sixteenth day after announcing the final results in all cantons at the invitation of the High Electoral Body. Two-thirds of the members are required to attend. In the event that the first session is not held because the required quorum is not achieved, another date will be set and the quorum is considered achieved in the presence of 50+1 of the general total. The first session of the peoples’ council is chaired by a man and a woman from the oldest and youngest members, and the co-chairs and the office are elected. After that, the members of the council take the oath, and its sessions are public unless necessity requires otherwise in accordance with what is stipulated in its bylaws. 4 The session of the peoples’ council may be extended for a period of six months in exceptional cases and at the request of 1/4 of the members or at the request of the council’s co-chair office. The extension shall be made with the approval of 2/3rds of the council’s members. 5 A member of the council shall enjoy immunity throughout his term of membership. He shall not be held accountable for the opinions he expresses, and he may not be prosecuted judicially without the council’s permission, except in the case of flagrante delicto, in which case it is merely required that the council’s office be notified. Article 89 Tasks of the canton peoples’ council: 1 It formulates general policies, discusses projects, and makes decisions related to social, economic, financial, energy, internal security, education, culture and enlightenment, women and youth, and others in the canton. 2 It decides on decisions and laws pertaining to the canton without interfering in city affairs. 3 It elects the co-chairs of its office and four deputies of the office, to organize and conduct the council’s activities. 4 The council works on the basis of committees, and through its committees it follows up and supervises the activities of the executive council and submits its report to the council. 5 It elects the co-chairs of the executive council by a two-thirds majority and assigns it to present the composition of the executive council. Confidence is granted to the members of the executive council at a rate of 50+1 of the number of votes of the council. When determining the members of the executive council, fair representation of the ethnic and religious components must be taken into account. The percentage of women in the executive council is 50%, and they are also entitled to withdraw confidence from the executive council or one of its members, and this is regulated by law. 6 It approves the Internal Security Forces department whose names are proposed by the Internal Security Forces institutions, and it supervises its activities. 7 It approves the leadership of the Community Protection Forces whose names were proposed by the leadership of the Community Protection Forces, and submits its periodic reports to the district council. 8 It approves the co-chairs of the canton Justice Council whose names are proposed by the Justice Council. 9 It enacts and legislates laws in the canton. 10 It discusses and approves the general budget of the canton with the participation of city councils. 11 It approves the general policy and development plans of the canton. 12 It shall issue a general amnesty law in the canton or based on the proposal of the peoples’ council in the canton or the Justice Council of the canton, provided that the cases of crime against which the peoples’ council in the canton can approve amnesty are determined by law. 13 It works according to an internal system. Article 90 Canton executive council: 1 It is the executive body in the canton. It implements the decisions of the peoples’ council and judicial decisions of justice and submits reports of its activities periodically to the canton peoples’ council. 2 It consists of the co-chairs of the executive council and their deputies, the co-chairs of the committees, and the co-chairs of the executive councils of the cities. 3 It organizes itself on the basis of executive committees, and forms its collective executive force accordingly. 4 Each committee consists of co-chairs and a sufficient number of members according to the requirements of its activity. 5 After the formation of the executive council and granting confidence to it, it issues a statement specifying its work schedule for the next stage, and it is obligated to implement it during its session after its approval by the peoples’ council in the canton. Article 91 North and East Syria Region: It consists of seven cantons, namely Jazira, Deir ez-Zor, Raqqa, Euphrates, Manbij, Afrin/Shehba, and Tabqa. The Peoples’ Democratic Council of North and East Syria 1 The Peoples’ Democratic Council represents all the peoples living under the Democratic Autonomous Administration of North and East Syria. It is a symbol of integration in fraternal coexistence, and the free and democratic union established by the peoples of the region. 2 The Peoples’ Democratic Council consists of representatives of the peoples: Kurds, Arabs, Syriacs, Assyrians, Armenians, Turkmens, Circassians, and Chechens. The percentage of women in it is 50%. It also represents ideological and cultural groups such as: Muslims, Christians, Yazidis, and others that fall under the ceiling of the Democratic Autonomous Administration of North and East Syria. 3 It takes into account the historical, demographic, geographical, religious, ideological, ethnic and cultural structures and characteristics of all peoples and groups when making decisions and in the activities it undertakes. 4 The Democratic Peoples’ Council guarantees the right of peoples and groups to establish democratic autonomous administrations. Its characteristics and ideological, ethnic, and cultural freedoms are guaranteed by law within the framework of the social contract. 5 Adopts the democratic confederal system in organizing society. It enables living within an environmental and economic balance. 6 The Peoples’ Democratic Council views the organization of Democratic Autonomous Administration cantons, groups and local units as the pillar of the democratic confederal system. It aims to unite all groups under the Democratic Autonomous Administration based on their own will. Article 92 Structure of the People’s Democratic Council: 1 The Peoples’ Democratic Council undertakes legislation and general representation of the peoples and groups under the Democratic Autonomous Administration of North and East Syria. 2 The duration of the electoral cycle is two years. 3 The number of members of the Peoples’ Democratic Council coming from each canton is determined according to population density, and this is enshrined in law. 4 The members of the Peoples’ Democratic Council are elected according to the following: 60% people’s representatives who are determined in general elections in which the general public participates, and 40% from the representatives elected in a transparent and democratic manner from within ethnic, religious, ideological, and cultural components according to their population densities and within social segments, in accordance with the electoral law. The co-chairs of the canton council, the co-chairs of the executive councils in the cantons, and the co-chairs of the Union of Municipalities of North and East Syria are members of the Peoples’ Democratic Council. 5 The office of the Peoples’ Democratic Council consists of the co-chairs and four deputies. Their names are proposed to the Council after the consensus of the representatives of the social groups and segments present in the Peoples’ Democratic Council. The co-chairs are elected with the approval of two-thirds of the full number of Council members. While the members of the Presidency are elected by a vote of 50+1 of the participants in the session of the Peoples’ Democratic Council. 6 The Peoples’ Democratic Council works through committees. It formulates final decisions and presents projects to the meeting of the Peoples’ Democratic Council. It can form the necessary committees when needed. 7 It conducts its activities in accordance with its internal statutes. Article 93 Tasks of the Peoples’ Democratic Council 1 It elects the co-chairs of the Executive Council by a two-thirds majority and assigns it to present the composition of the Executive Council within a month of granting confidence. It also has the right to withhold confidence from the Executive Council or one of its members. The co-chairs and members of the Executive Council are elected from among the Peoples’ Council’s elected officials. In the event of non-acceptance, new names will be proposed by the co-chairs of the Executive Council, with 80% from the council members and 20% from the specialists, and that there be consensus between the ethnic and religious groups and cantons when electing the co-chairs of the Executive Council, to ensure equitable ethnic and religious representation. Women’s representation is equal to men’s. 2 It meets periodically and when needed. It formulates general policy and determines strategic goals outside the jurisdiction of the cantons at the regional level. It discusses proposed projects in all fields and makes plans. 3 The Council approves the states of peace and war within the scope of the Democratic Autonomous Administration of North and East Syria, with the participation of the canton councils and the Women’s Council of North and East Syria. 4 The Peoples’ Democratic Council sets laws and enacts legislation regarding the region of North and East Syria, without interfering in the affairs of the cantons. 5 It follows up the work of the executive bodies through committees and the committees submit their reports to the Council. 6 It approves the co-chairs of the Social Justice Council for North and East Syria, whose names are proposed by the Justice Council of North and East Syria. 7 It approves the General Command of the Internal Security Forces, whose names are proposed by the Internal Security Service, and the Council supervises their activities. 8 It approves the members of the High Electoral Body whose names are proposed by the Justice Council and the canton people’s council, with the agreement of the Justice Council and the Democratic People’s Council for North and East Syria. With the votes of two-thirds of the members of the Peoples’ Democratic Council, and in the event that the quorum is not reached, it will be postponed to another session, and the vote will be in the ratio of 50+1. 9 It approves the appointment and promotions of the General Command of the Syrian Democratic Forces, and supervises its activities 10 It examines and decides on the charters and agreements made in the name of the Democratic Autonomous Administration of North and East Syria with peoples, states, institutions or in coordination with the peoples’ councils in the cantons, and approves them. 11 The session of the Peoples’ Democratic Council may be extended in exceptional cases for a period of six months, at the request of a quarter of the members or the Council’s office and with the approval of two-thirds of the Council’s members. 12 It can approve the accession of a region or canton to the Democratic Autonomous Administration of North and East Syria with the participation of the canton councils after that region accepts the social contract by a vote of two-thirds of the council members. If a quorum is not achieved, the session is postponed and the vote is taken by a ratio of 50+1 13 It discusses and approves the general budget for the Democratic Autonomous Administration of North and East Syria with the participation of the canton councils. 14 It approves and grants a general amnesty in the Democratic Autonomous Administration of North and East Syria in the required cases on the proposal of the Peoples’ Democratic Council or the Justice Council. Article 94 Duties of the Peoples’ Council Office: 1 Represents the People’s Democratic Council in the northern and eastern region of Syria. It is responsible for arranging, coordinating, implementing and supervising all Council activities. 2 It activates, monitors and supervises the committees. Article 95 The Executive Council of the Democratic Autonomous Administration of North and East Syria 1 The co-chairs of the canton executive councils are members of the Executive Council of the Autonomous Administration of North and East Syria, and they are entitled to attend the meetings of the Executive Council of the Democratic Autonomous Administration and participate in discussions and decision-making. 2 The co-chairs of the canton executive councils are not entitled to run for the co-chair-ship and the bodies affiliated with the Executive Council of the Autonomous Administration. 3 The co-chairs represent the Executive Council and directs its activities. Article 96 Tasks of the Executive Council of Democratic Autonomous Administration 1 It implements the decisions and implements the policies drawn up and determined by the Peoples’ Democratic Council in the Democratic Autonomous Administration of North and East Syria through the executive bodies. 2 It carries out diplomatic activities in the name of the Democratic Autonomous Administration of North and East Syria. 3 It ensures coordination and integration between cantons in the political, economic, social and cultural fields. 4 The powers of the Executive Council of North and East Syria are determined in accordance with the principle of democratic confederalism by law on the basis of compatibility with the canton within the framework of the social contract. 5 It reports to the Democratic People’s Council in the Democratic Autonomous Administration of North and East Syria. 6 The Executive Council of the Democratic Autonomous Administration of North and East Syria organizes itself through its Bodies. 7 Each Body consists of the co-chairs of the Body, the co-chairs of the council, and a sufficient number of members. Article 97 Councils of all Bodies and executive committees Our societal system depends on the principle of democratic confederalism, and on this basis every Body organizes itself within councils, starting with the town, city, canton and the region of North and East Syria. Thus, it plays an important role in consolidating the democratic system. Each Body operates according to the council mechanism. These councils discuss issues related to the work of the committee or Body that falls within its scope. They work to organize the academies associated with it to qualify people to work within its scope. These councils include representatives of the institutions and unions concerned with each Body and committee. It elects its co-chairs and forms the committees associated with the council according to their need. The co-chairs of these councils are members of the town, city and canton councils and the Peoples’ Democratic Council. When the peoples’ councils discuss any decision that affects any Body or committee, work must be done in coordination with the relevant council regarding it. The draft resolution will be presented in agreement with them. As for matters related to any internal Body or committee, its council shall decide on them. There is integration in social life, so there must be a symbiotic relationship between the councils of all Bodys and committees. Article 98 Education and Learning Council: It is composed of representatives of institutions and bodies concerned with education, representatives of the University Council, the Education Authority, the Curriculum Foundation, the Language Foundation, the Teachers Union, representatives of the teaching staff, research and study centers, genetics committees, representatives of the communes and peoples’ councils and representatives of the Student Union. It develops an education strategy. It teaches the official languages and other languages within the Democratic Autonomous Administration. It is focused on public consciousness. It develops the nation’s democratic mentality, starting from the nursery stage until the university stage. It develops educational projects and educational, cultural and scientific curricula, for all segments of society. It develops the institutions specialized in its work and opens academies that work to qualify educational staff. Article 99 The Council of Culture and Enlightenment: It consists of representatives of the academies of art and culture, the Information Committee, the Democratic Society Academies Committee, representatives of cultural centers and associations, unions of intellectuals and artists, and representatives of the colleges concerned with them. It regulates itself internally. It develops intellectual, enlightenment, artistic and training activities through academies and cultural centers, to consolidate the values of participatory life and democracy and combat the concept of capitalist modernity that trades in art and uses the media to degrade societal values and the cultural heritage of peoples. The Council prepares the specialized academic staff. Article 100 Council of Families of Martyrs, Wounded, and Prisoners of War: The families of the martyrs, the families of the wounded, and the prisoners of war are among the basic values of the revolution. The Council organizes the families of martyrs, the families of the wounded, and prisoners of war, and provides for their material and moral needs. It works to ensure that they play an effective role in all fields. In order to rehabilitate the war wounded and empower them professionally, it develops academies and specialized centers and works to secure job opportunities for them and secure a decent life for those who cannot work. Article 101 Environment Council: It consists of representatives of relevant organizations, institutions, associations, municipalities, and representatives of health and economic councils. The Council develops environmental awareness, establishes the values of life in harmony with the environment, and works in cooperation and coordination with all boards of Bodies and committees to develop the concept of ecological environmental culture in all aspects of life. It works to develop the environmental industry and opposes all industrial and construction activities that harm the environment. It carries out joint work with ecological movements in North and East Syria and at the regional and global levels. Article 102 Council for Social Affairs and Workers: It is composed of organizations and institutions concerned with the affairs of workers, peasants, toilers, craftsmen, people with special needs, and the displaced and refugees. In order to ensure their effective participation in social life and secure job opportunities for them, it develops federations, cooperatives, confederations, and vocational schools to contribute to establishing a democratic societal system. The working people are the basic group that contributes to building a democratic society and consolidating democratic politics. The council develops projects that develop the social and cultural aspects of working people. It works to build an economic system that brings value to women’s efforts. It also organizes people with special needs, opens academies and special centers that work to empower them psychologically and professionally, and provides financial support to those whose needs cannot be met. Article 103 The Law Council: It consists of human rights institutions, representatives of lawyers’ unions, representatives of organizations interested in human rights and women’s rights, representatives of the Justice Council, and the relevant colleges. It develops laws and regulations based on ethics and democratic principles of rights in the Democratic Autonomous Administration. In order for the laws issued to be consistent with the social contract, it works in coordination with the committees of the People’s Democratic Council. It monitors, documents and follows up on human rights violations and war crimes against the region of North and East Syria and the occupied territories. It works with institutions concerned with human rights and human rights organizations. It carries out activities aimed at achieving the legal legitimacy of Democratic Autonomous Administration. Article 104 Health Council: It consists of representatives of institutions and associations interested in health, as well as representatives of unions of doctors, pharmacists, dentists, health professions unions, representatives of the environment, municipalities and economic councils, and representatives of the relevant colleges and institutes. It develops projects and strategic plans that serve community health issues. It develops institutions and supports entities working in this field, and also plays a coordination role between them. It works according to the principle of health starting from ecological life and building a free society. In order to develop the field of services and health insurance, it develops academies that achieve community and scientific awareness among health staff, and seeks to provide health services free of charge to all. It opposes all types of exploitation and trafficking in the health field. Article 105 Council of Economy and Agriculture: It consists of representatives of economic institutions, farmers’ unions and associations, livestock breeders, chambers of commerce and industry, craftsmen’s union, research centers, and representatives of specialized colleges of engineers, veterinarians, and agricultural engineers. It develops and realizes the economic system of a confederal democratic society, based mainly on environmental, participatory and community economics. It opposes all types of monopoly and works to develop the principle and concept of sharing: energy, land, and water. It opens academies that qualify economic personnel. It establishes cooperatives that achieve a participatory economy and develops projects in the field of securing sources for imports and investments. It works in coordination with finance bodies and committees to open the way for investing money in the societal economy. Article 106 Council on Foreign Relations: It consists of representatives of institutions working in the diplomatic field within the Democratic Autonomous Administration of North and East Syria and representatives of the Faculty of Political Science. It organizes and implements the work of foreign relations, develops its work strategy in accordance with the principles of the democratic nation, and takes the interests of the peoples and the peaceful solution as a basis for developing relations. It is developing its activities in order to achieve a democratic system in Syria, the region and the world. It opens intellectual and professional academies to qualify diplomatic workers. Article 107 Council of Religions and Beliefs: It consists of representatives of religious institutions in North and East Syria, and representatives of the College of Religious Sciences. It works to facilitate the practice of all religious groups and beliefs in their worship and rituals in social life freely and according to their characteristics. It develops religious institutions that are consistent with the mentality of the democratic nation. It opposes fanatical and extremist concepts of the nation-state and non-democracy that differentiate between religions and sects and works to develop the ethics of freedom and the concept of tolerance between religions and beliefs. Article 108 Youth council: It is the vanguard force of the revolution in North and East Syria. It plays the leading role in building the democratic confederal system and organizes itself according to this principle. It includes liberal and democratic youth organizations and organizes itself specially. It can organize itself in the form of a commune, a council, an association, an academy and cooperatives. It represents all the youth in north and East Syria and makes decisions related to youth. It organizes itself within villages, towns, cities and cantons, in the intellectual, cultural, economic, political and diplomatic fields. It draws up policies and strategic projects related to youth. It develops the democratic and socialist concept of art and sports, and opposes all moral practices practiced by capitalist modernity against young people through industrial and monopolistic art and sports. He plays the leading role in organizing community protection forces for youth. Young women organize themselves in particular and play the leading role in developing the system of democratic confederation. The Council organizes its work according to its own internal regulations. Article 109 The democratic municipal system in North and East Syria: 1 The municipalities organize themselves according to the Union of Democratic Municipalities of North and East Syria. 2 The Municipal Council and its co-chairs are elected once every two years by the people. 3 Municipalities represent themselves in the people’s councils and the executive councils of the councils 4 Municipalities adopt a system of direct democracy in their work. 5 Municipalities coordinate among themselves through a coordinator nominated by the Council of the Union of Democratic Municipalities of North and East Syria. Article 110 The Women’s Council of North and East Syria organizes itself in North and East Syria, starting with the commune, the neighborhood, the town, the city and the region. On this basis: 1 It is the council that represents women in North and East Syria. Women are represented in the Peoples’ Democratic Council. 2 It draws up policies and strategic plans related to women. 3 It works to build a confederal system for women in North and East Syria. 4 It preserves, protects and develops the gains of the women’s revolution. 5 It makes decisions about women. 6 It organizes laws related to women and the family and presents them to the Peoples’ Democratic Council for issuance. 7 It works to educate and organize women, build the democratic family and preserve women’s’ rights in all fields. 8 It works to consolidate democratic principles in the Democratic Autonomous Administration of North and East Syria 9 It works to formulate a social contract for women. 10 The Council is elected once every two years, through voting by women in North and East Syria. 11 The Executive Council of the Women’s Council of North and East Syria is elected. 12 The Women’s Coordination Committee, which works to organize women’s affairs in the Democratic Autonomous Administration, participates in the Women’s Council for North and East Syria. 13 The Women’s Council organizes its work according to its internal statues. Article 111 Protection and self-defense: Self-defense is a guarantee and continuation of life, and based on the right and duty to defend existence, it necessitated the establishment of a self-protection system based on the awareness of legitimate self-defense and the organized democratic society in North and East Syria through: A – Community Protection Forces: 1 Community Protection Forces are the forces responsible for protecting North and East Syria and ensuring the protection of the lives and property of citizens against all attacks and occupation. 2 Community Protection Forces are organized with the participation of all citizens. Self-defense is a right and a duty for every citizen. It is obligatory for gatherings. Ethnic and religious organizations participate effectively in the self-defense system, starting with neighborhoods, villages, cities and all residential units. 3 The organizations of the Community Protection Forces are organized under a joint general command, and this general command is accountable to the Peoples’ Democratic Council and to the Syrian Democratic Forces, and the local organizations of the Community Protection Forces are accountable to the local peoples’ councils. B – Syrian Democratic Forces: 1 The Syrian Democratic Forces are the legitimate defense forces in the Democratic Autonomous Administration of North and East Syria. 2 It adopts the voluntary joining of sons and daughters of the people and the duty of self-defense. 3 Its activities are supervised by the Peoples’ Democratic Council and the Defense Body. 4 It organizes itself almost independently within the Democratic Confederation System of North and East Syria. 5 It is charged with defending the Democratic Autonomous Administration of North and East Syria and all Syrian territories and protecting them against any potential external attack or danger. 6 It is responsible to the Peoples’ Democratic Council, which approves its general leadership. C – Women’s Protection Units: 1 Self-defense is a woman’s right and duty, and she has the right to organize herself within its formations. 2 The Women’s Protection Units are the legitimate defense forces for women and society and organize themselves autonomously within the Syrian Democratic Forces. D – The National Intelligence Service: 1 It collects information and deters threats to national security in North and East Syria. It works as an institution affiliated with the co-chairs of the Executive Council of North and East Syria or its deputies. E – Internal Security Forces (Asayish): 1 It is the force that maintains security and stability within the areas of the Democratic Autonomous Administration of North and East Syria. 2 It depends on the voluntary joining of sons and daughters of the people in North and East Syria. 3 Its activities are supervised by the peoples’ councils, and are administratively and organizationally affiliated with the Interior Ministry. 4 Women organize themselves autonomously within it. Article 112 The financial system in the Democratic Autonomous Administration of North and East Syria A – Public budget : It is a financial plan for a specific period of time that clarifies the frameworks for the workflow during this period, based on the estimated public revenues collected by the Democratic Autonomous Administration of North and East Syria, and the public expenditures that need to be spent during the next fiscal year, according to the following: 1 The canton councils, in partnership with the town and city Councils and the canton executive councils, prepare the canton budgets to be approved by the peoples’ council in the canton 2 The People’s Democratic Council of North and East Syria, in partnership with the canton councils, the Executive Council of the North and East Syria region, the Justice Council, and the Women’s Council, prepares the general budget and has it approved by the People’s Democratic Council. 3 When preparing the budget, the population density and area of each canton, the needs of each canton, the particularities of the situation of each canton, and the size of the grants provided to it from abroad must be taken into account. 4 The general budget of the Justice Council for North and East Syria is determined with participation by the justice councils in cities and cantons and is to be included in the general budget and approved by the Peoples’ Democratic Council. B – Central Cash and Payments Office: This is an independent professional institution formed by the People’s Democratic Council of North and East Syria with the participation of the provincial councils. It is responsible to the Peoples’ Democratic Council and is not subject to any political institution. It adopts an effective and secure system for financial payments and ensures liquidity, financial solvency and efficient performance of a stable banking system. It develops a financial system that maintains and encourages the societal economy. The co-chairs of the office is proposed by the Executive Council of North and East Syria and is ratified by the Peoples’ Democratic Council by a vote of two-thirds of the full number of members. If a quorum is not complete, the vote is taken by a vote of 50+1, and this is enshrined in law. Article 113 General Institution for Financial Supervision and Accounting: 1 This institution is formed by the People’s Democratic Council. Half of the members’ names are proposed by the Social Justice Council and the other half by the People’s Democratic Council in participation with the canton councils, and they are approved by the People’s Democratic Council by two-thirds of the number of council members. In the event that a quorum is not complete, voting takes place by 50+1. 2 It is prohibited to interfere with its work and expose its members to any pressure that negatively affects their performance. 3 It carries out financial follow-up and oversight on behalf of the People’s Democratic Council of North and East Syria and submits its reports to it. Tasks of the General Organization for Financial Supervision and Accounting: 1 Follow up on the work of the councils and institutions of the Democratic Autonomous Administration of North and East Syria in terms of spending the budget, and the extent of its use in a legal, sound and transparent manner according to social life and the societal economy. 2 Follow up on the work of the tax system and public finances. 3 Follow up on imports and exports and to what degree they were carried out in a quality and proper manner. 4 Follow up on exchange work that conflicts with the social contract and applicable laws. Article 114 The Justice system It is a system of social justice, which is based on the moral and political principles of society. It aims to build a society that adopts the democratic and environmental approach and vision, women’s freedom as a basis, and takes life as fundamental. Society is its starting point; it protects the rights of the individual within social life according to the foundations of the social contract and takes the universal principles of justice and human rights as its basis. It solves problems related to justice through its own institutions, where justice is achieved through the participation of the people and the organization of democratically formed local units. Article 115 Principles of justice 1 The social justice system is formed according to the organization of society. It solves social issues in communes, villages, neighborhoods, towns, cities, cantons and regions in accordance with the principles of moral and social justice. Reconciliation and harmony are the basis for solving problems. 2 Actions that harm individuals, social life and the environment are considered a crime. In the event of a crime being committed, the affected parties have the opportunity to defend their rights, and society is given the opportunity to evaluate the matter, criticize it, present proposals and participate in the context of decision-making. This is enshrined in law. 3 Its punishments aim to educate offenders and qualify them to re-engage them in social life properly. 4 Peoples, groups and social segments have the right to resolve their issues through reconciliation committees, provided that this does not conflict with the social contract. 5 Questions relating to the public interests and public security of all peoples and groups shall be resolved in institutions of justice that represent the whole of society. 6 The justice system supports equal and fair representation of both genders. 7 Women have a special justice council that adjudicates on the decisions concerning women. Article 116 How the principles of the justice system are organized and work: It consists of reconciliation committees, Women’s Houses (Mala Jin), the Justice Offices, the Justice Council, and the Women’s Council for Social Justice. These are institutions active in achieving and consecrating social justice, and their members are approved by the justice councils proposing names that are approved by the peoples’ councils of the neighborhood, town, city, and canton. 1 Reconciliation committees: They constitute the basic pillar of the social justice and peace system. They work to resolve disputes, resolve conflicts, and achieve peace and social harmony. They are organized everywhere and at all levels as needed, through direct elections or by consensus, starting from communes to cantons, and its members are socially accepted volunteers. 2 Justice Offices: These are the justice bodies (the public prosecution, the justice Body, the appeals Body, and the executive Body) that organize themselves in the cantons and in all necessary places, with the aim of eliminating cases of injustice towards communities and individuals and achieving justice. Their members are chosen on the proposal of the justice councils in the cantons, and with the approval of the cantons’ peoples’ councils. Justice offices are formed in cities as needed. 3 Canton Justice Council: Organizes and supervises justice institutions in the canton. The co-chairs and members of the canton justice council are elected by the justice institutions in the canton. The co-chairs are approved by the canton peoples’ council. It ensures fair and democratic representation of peoples, groups and social segments, and this is enshrined in law. 4 The Social Justice Council for North and East Syria: Responsible for supervising and monitoring the implementation of the justice system. It submits its reports and draft laws to the Peoples’ Democratic Council. It ensures mutual coordination between the canton justice councils. Its members consist of representatives elected by the canton justice councils. Article 117 Women’s Social Justice Council: It is composed of women representatives of the Women’s Houses (Mala Jin), representatives of reconciliation committees, justice bodies, and members of the Social Justice Council. It is responsible for organizing and supervising women’s justice councils and plays a leadership role in consolidating and promoting social justice. 1 Women’s House (Mala Jin): A social institution that works to spread awareness of social justice and solve problems related to women and the family from all aspects of life on the basis of reconciliation and fights against all inhumane practices against women in coordination with relevant women’s institutions. 2 The Social Justice Council for Women in cities and cantons: It supervises the work of women within the women’s justice systems in the city and canton. It follows up on issues related to women, organizes women in the justice system, and works to guarantee women’s rights. It is composed of representatives of women’s institutions concerned with justice through democratic elections. It represents itself within the canton-level Women’s Council. 3 Women’s Social Justice Council of North and East Syria: It consists of representatives from women’s councils in the cantons, and members of the Women’s Social Justice Council of North and East Syria. It plays the role of coordination between women’s social justice councils, and between women’s social justice councils and public justice councils. It also works in coordination with women’s organizations. It represents itself in the General Justice Council of North and East Syria and in the Women’s Coordination and Council of North and East Syria. Article 118 Electoral Body 1 It is an independent body formed by and accountable to the Peoples’ Democratic Council. It consists of a sufficient number of specialized members, and is responsible for planning, organizing and conducting popular referendums, elections for members of the Democratic Peoples’ Council of the region, peoples’ councils in the cantons, and all legal elections in a democratic manner. This is enshrined in law. 2 One-third of its members are chosen by on the proposals of the Social Justice Council of North and East Syria, and the other two-thirds are on the proposal of the People’s Democratic Council and with the participation of the canton councils, taking into account fair representation of all the various social components and segments. They are approved by two-thirds of the members of the People’s Democratic Council of the region, and if the quorum is not complete, the vote is 50+1. In the event of non-ratification, the institutions themselves propose new names for ratification. 3 The High Electoral Body decides on cases of appeal and objection to the elections, and its decisions are not subject to appeal. 4 It can send its members as observers to conferences of political parties and official civil institutions in the Autonomous Administration. Article 119 Court for the Protection of the Social Contract: The Social Contract Protection Court consists of a number of judges, legal experts, and jurists whose names are proposed equally by the Social Justice and Peoples’ Councils of North and East Syria. When proposing to the members of the Social Contract Protection Court, the two councils must take into account, the representation of all ethnic and religious components, the representation of cantons and that of women. The decisions of the Social Contract Protection Court shall be considered final. Their number and the method of their selection and the work of the Court are determined by a law enacted by a two-thirds majority of the members of the Peoples’ Democratic Council. Approval of the proposed names depends on two-thirds of the members of the Peoples’ Democratic Council. Tasks of the Social Contract Protection Court: 1 Interpreting the texts of the social contract. 2 Considering whether the laws issued by the Peoples’ Council, the decisions issued by the Executive Council, and the laws and decisions issued by the canton councils do not conflict with the social contract if it is objected to. 3 Settling disputes related to the implementation of this contract between the Peoples’ Democratic Council, the Executive Council, the canton councils, and the Justice Council. 4 Resolving disputes between the Executive Council of the Democratic Autonomous Administration of North and East Syria, or between the cantons councils, or between the executive councils of the cantons, or between the Democratic Peoples’ Council and other councils. 5 Individuals and institutions have the right to object to a decision or law that they consider to be inconsistent with the social contract. If the court examining the objection deems that the objection is serious and necessary to decide on the appeal, it stops consideration of the case and refers the objection to the Social Contract Protection Court. 6 Individuals, organized groups, parties, and institutions have the right to submit an appeal to the Social Contract Protection Court, and this is enshrined in law. 7 Ratifying the results of elections and general referendums in accordance with the principles of the social contract. |
Ведущая роль в самоуправлении отводится советам различных уровней. При этом в версиях 2016 и 2023 годов коммуна представляется первичной структурой прямой демократии. The leading role in self-government is given to councils at various levels. Thus, in the 2016 and 2023 versions, a commune appears to be the basic structure of direct democracy. Во всех версиях самоуправляемым регионом выступает кантон. Такое название выбрано не случайно, коррелируясь с децентрализованной системой госуправления в Швейцарской Конфедерации. Сирийские курды зачастую называют этот принцип «демократическим конфедерализмом». In all versions, a canton constitutes the self-governing region. Not by chance, this name matches the decentralized system of government adopted in the Swiss Confederation. The Syrian Kurds have been often calling such principle of governance the “democratic confederalism.”
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Общие принципы (General Principles) |
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Article 81 The Charter applies within the Autonomous Regions. It may only be amended by a qualified majority of two-thirds (2/3) of the Legislative Assembly. Article 82 The Charter shall be laid before the Transitional Legislative Assembly for review and ratification. Article 83 Syrian citizens holding dual nationality are barred from assuming leading positions in the Office of the Canton Governor, the Provincial Council, and the Supreme Constitutional Court. Article 84 The Charter sets out the legislative framework through which laws, decrees, and states of emergency shall be formally implemented. Article 85 Elections to form the Legislative Assembly shall be held within four (4) months of the ratification of the Charter by the Transitional Legislative Assembly. The Transitional Legislative Assembly retains the right to extend the time period if exceptional circumstances arise. Article 86 The Oath of Office to be taken by members of the Legislative Assembly “I solemnly swear, in the name of Almighty God, to abide by the Charter and laws of the Autonomous Regions, to defend the liberty and interests of the people, to ensure the security of the Autonomous Regions, to protect the rights of legitimate self-defense and to strive for social justice, in accordance with the principles of democratic rules enshrined herein.” Article 87 All governing bodies, institutions and committees shall be made up of at least forty percent (40%) of either sex. Article 88 Syrian criminal and civil legislation is applicable in the Autonomous Regions except where it contradicts provisions of this Charter. Article 89 In the case of conflict between laws passed by the Legislative Assembly and legislation of the central government, the Supreme Constitutional Court will rule upon the applicable law, based on the best interest of the Autonomous Regions. Article 90 The Charter guarantees the protection of the environment and regards the sustainable development of natural ecosystems as a moral and a sacred national duty. Article 91 The education system of the Autonomous Regions shall be based upon the values of reconciliation, dignity, and pluralism. It is a marked departure from prior education policies founded upon racist and chauvinistic principles. Education within the Autonomous Regions rejects prior education policies based on racist and chauvinistic principles. Founded upon the values of reconciliation, dignity, and pluralism, a)- The new educational curriculum of the cantons shall recognize the rich history, culture and heritage of the peoples of the Autonomous Regions. b)-The education system, public service channels and academic institutions shall promote human rights and democracy. Article 92 a)- The Charter enshrines the principle of separation of religion and State. b)- Freedom of religion shall be protected. All religions and faiths in the Autonomous Regions shall be respected. The right to exercise religious beliefs shall be guaranteed, insofar as it does not adversely affect the public good. Article 93 a)- The promotion of cultural, social and economic advancement by administrative institutions ensures enhanced stability and public welfare within the Autonomous Regions. b)- There is no legitimacy for authority which contradicts this charter. Article 94 Martial law may be invoked and revoked by a qualified majority of two-thirds (2/3) of the Executive Council, in a special session chaired by the Canton Governor. The decision must then be presented to and unanimously adopted by the Legislative Assembly, with its provisions contained in a special law. The Executive Council Bodies Article 95 1. Body of Foreign Relations 2. Body of Defense 3. Body of Internal Affairs 4. Body of Justice 5. Body of Cantonal and Municipal Councils and affiliated to it Committee of Planning and Census 6. Body of Finance, and affiliated to it a)-Committee on Banking Regulations. b)- Committee of Customs and Excise. 7. Body of Social Affairs 8. Body of Education 9. Body of Agriculture 10. Body of Energy. 11. Body of Health 12. Body of Trade and Economic Cooperation 13. Body of Martyrs and Veterans Affairs 14. Body of Culture 15. Body of Transport 16. Body of Youth and Sports 17. Body of Environment, Tourism and Historical Objects 18. Body of Religious Affairs 19. Body of Family and Gender Equality 20. Body of Human Rights. 21. Body of Communications 22. Body of Food Security Article 96 The Charter shall be published in the media and press |
Article 71 The relationship between the “Democratic Federalism of Northern Syria” and the “Democratic Federalism of Syria” shall be identified at all levels according to a consensual democratic constitution. Article 72 All elected administrations shall be subject to supervision from the bodies that elected them. Electoral systems shall have the right to vote of no confidence in their representatives when necessary; this shall be regulated by law. Article 73 Referendum shall be held in all decisive issues related to public interest, like the formulation of the social contract, concluding or revoking international treaties, or amending the system’s form. Article 74 Local components shall have the right to object the decisions of the general systems, which contradict their interests and do not agree with their will and aims, if the objection is not settled by general consensus through presenting the decisions to the intended people to approve it. Article 75 In case the decisions of the cantons or local components are contradicted with the general interests or the social contract, these decisions can be refuted by the social contract council. Article 76 Ecological life and balance shall be maintained. Article 77 Natural resources are society’s wealth and they shall be invested and used according to the needs of the cantons; this shall be regulated by law. Article 78 Investing foreign capital shall be allowed within legal frameworks and approval of the democratic peoples’ conference and the peoples’ assembly in the canton. Article 79 Political parties and movements may be established, and may freely organize themselves and practice their activities within a legal framework. Article 80 Social institutions and organizations, like collectives, associations, syndicates, unions, chambers, and other, may organize themselves freely within the framework of laws in the “Democratic Federalism of Northern Syria”. Democratic organizations of social segments may be developed and supported in all areas. Article 81 No member in the democratic peoples’ conference and the peoples’ council in the cantons may have the right to be a candidate for more than two consecutive terms. Article 82 Electors and candidates’ age shall not be less than eighteen for all institutions and councils in the federal system. Conditions for candidacy and election are regulated by a special law. Article 83 The amendment of the general principles of this contract requires agreement with the peoples’ assemblies in the cantons and approval of 75% of the members of democratic peoples’ conference. |
Article 120 Within the Syrian Democratic Republic, the form of the relationship between the Democratic Autonomous Administration of North and East Syria with the center and other regions is determined at all levels according to a consensual democratic constitution. Article 121 All elected administrations are subject to oversight by the entities that elected them. Article 122 Voting bodies have the right to withdraw confidence from their representatives when necessary, and this is enshrined in law. Article 123 The referendum system is adopted on all crucial issues concerned with the general interests of society in the neighborhood, town, city, canton, and Democratic Autonomous Administration. This is enshrined in law. Article 124 Local components have the right to object to decisions of public bodies that conflict with their interests and are not in line with their will and decisions. If the objection is not resolved by consensus, it is presented to the concerned component and the result is approved. Article 125 The town, city and canton may hold referendums [on decisions that affect it that it disagrees with]. If it does not accept a decision that affects it, the result of the referendum is approved. Article 126 In the event that the decisions of the canton or local components conflict with public interests or contradict the social contract, the Social Contract Protection Court has the right to decide on them. Article 127 Non-monopoly private investments that don’t harm the environmental societal economy are allowed. This is enshrined in law. Article 128 The age of the voter and candidate must not be less than eighteen years for all Democratic Autonomous Administration institutions and councils, and the conditions for candidacy and election are determined in accordance with special laws. Article 129 After the liberation of the occupied territories, the Democratic Autonomous Administration is committed to removing all traces of demographic change and returning them to what they were. Article 130 The peoples’ councils can declare states of emergency according to exceptional circumstances. Article 131 The powers of the executive councils are determined in detail in accordance with the principles of democratic confederalism so that they do not exclude the will of the people in the commune, the town, the city and the canton, and this is enshrined in law. Article 132 Amending the basic principles of the contract requires the approval of the canton peoples’ councils and the People’s Democratic Council of North and East Syria with the approval of 3/4 of the members of the People’s Democratic Council of North and East Syria. While other articles of the Social Contract can also be amended with the approval of the canton councils and with the approval of two-thirds of the members of the People’s Democratic Council of North and East Syria. Article 133 The contract is subject to amendment if a democratic constitution is agreed upon in Syria. Article 134 This contract is effective from the date of its ratification by the General Council of the Democratic Autonomous Administration of North and East Syria, Tuesday: 12/12/2023 |
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