Syrian transitional authorities have taken positive steps on justice, transparency, and rights but failed to prevent continued violence and atrocities, Human Rights Watch said today on the anniversary of the former government's fall. As Syrian authorities move the country forward, they should, with international support, credibly address outstanding concerns around security sector reform, accountability, and inclusiveness.
On December 8, 2024, a coalition of armed groups led by Hay'et Tahrir al-Sham (HTS) successfully ousted former President Bashar al-Assad, ending the Baath Party's 60-year reign and 13 years of bloody conflict. Transitional authorities have adopted a new constitutional declaration, carried out indirect parliamentary elections, and taken initial steps to ensure accountability for the former government's abuses. But these positive steps have been tainted and undermined by the repeated failure to prevent large-scale atrocities, many by government forces.
"The end of Assad's rule created an unprecedented opportunity for Syrians to break with decades of tyranny and build a rights-respecting country," said Adam Coogle, deputy Middle East director at Human Rights Watch. "One year on, there are growing signs that the window of opportunity may be closing."
On December 12, 2024, Human Rights Watch issued recommendations to the interim Syrian authorities, urging them to center rights in the transitional justice process. A year later, Human Rights Watch revisits progress on these recommendations.
Human Rights Watch has documented abuses by government forces and affiliated groups that amounted to war crimes in coastal areas and Sweida. There are also credible reports that the government is failing to prevent abuses against minorities in Syria by groups sympathetic to the current government. The inability or unwillingness of current Syrian authorities to rein in and seek genuine accountability for these abuses, undermines trust in its ability to maintain peace and security and protect rights, Human Rights Watch said.
As transitional authorities have sought to integrate the various armed factions into the official Syrian army and security forces, the inclusion of certain units without careful vetting has created an opening for abusive practices and lack of discipline.
Syria's commitment to investigate atrocities in the coastal areas and Sweida is commendable. However, concerns remain about its ability to credibly investigate and hold accountable high-level officials and there are major gaps in Syria's criminal justice framework that cannot be compromised in ongoing trials, including a lack of liability for command responsibility.
Transitional contexts may, at times, necessitate implementing reforms incrementally. However, this does not apply to issues that compromise fundamental rights, such as abuses by armed forced. The Syrian authorities have taken important steps to provide accountability for past abuses, including the creation of the National Commission for the Missing and Forcibly Disappeared to determine what happened thousands of missing and disappeared.
This is an important first step. Yet, seven months on, victims and family members of the disappeared are rightly frustrated by the lack of institutional pathways to engage the commission and lack of transparency around its operations. Forcible disappearances and arbitrary detentions have been a staple of the former government's playbook. Other actors, including Hay'et Tahrir al-Sham and the Islamic State, also kidnapped and disappeared many Syrians.
Syrian authorities bear the primary responsibility to establish the fate of the missing. Relevant international institutions specialized in the search for the missing are available to authorities, and they should fully leverage this expertise. The authorities and relevant institutions should ensure that this happens in a way that respects the dignity of the missing and their families.
That same declaration also established the National Commission for Transitional Justice. Critically, however, its mandate is limited to crimes by the Assad government. The one-sided nature of the transitional justice committee coupled with the lack of clarity on its priorities has led to observers expressing frustration, especially as developments on the ground reinforce the urgent need for a comprehensive transitional justice framework that is publicly communicated and agreed upon.
A comprehensive justice process requires domestic judicial and institutional reforms that guarantee the independence of accountability processes, ensure compliance by the justice system and all relevant state institutions with human rights and fair trial standards, and align key legislation with international law.
Transitional authorities have adopted several measures underwriting a formal political transition. But these measures fall short of ensuring fair and adequate guarantees of the right of participation by Syrians in political affairs, Human Rights Watch said.
On January 29, Ahmed al-Sharaa, formerly the head of HTS, was appointed Syria's interim president. In March, the government adopted a new constitutional declaration for a five-year transitional period. Human Rights Watch found that the declaration lacks the checks and balances required to safeguard the independence of the judiciary and the right to political participation.
Critically, the constitutional declaration solidified the executive's control over other branches of the government, including allowing the president to appoint one third of the People's Assembly, Syria's primary legislative body, and all members of the Higher Constitutional Court, the highest court in the country. While a transitional phase may necessitate temporary extraordinary measures, they should not come at the expense of fundamental rights.
On October 5, the new government held its first parliamentary elections, but not by popular or direct vote. Rather, a presidentially appointed committee approved the election of 119 members, with 70 members appointed by the president directly. The election of the remaining 21-belonging to Hasaka, Raqqa, and Sweida, districts outside the government's de facto control-were paused. In addition to the significant risk of political manipulation in the design of the electoral system, the elections resulted in a decrease in women and minority representation.
Interim Syrian authorities have shown greater openness to engagement with international and independent humanitarian organizations, as well as allowing civil society to operate more independently. However, humanitarians and civil society activists have told Human Rights Watch that their ability to work is not without restrictions. Civil society cited difficulty in getting approvals for registration, harassment, and threats. Aid workers said the government required aid delivery through the Syrian Arab Red Crescent and cited bureaucratic delays.
Syrians have the right to lead the country's transition. The participation of international actors would ideally contribute expertise and provide independent oversight as a bridge for rebuilding trust in a divided society. Syrian authorities should leverage existing international accountability mechanisms and political and financial support for concrete and comprehensive justice processes.
Syrian authorities should also provide unhindered access to international bodies tasked with investigating and protecting human rights. This includes the Independent Institution on Missing Persons (IIMP) and the United Nations International, Impartial and Independent Mechanism (IIIM) as well as humanitarian agencies with the expertise and resources to provide aid to Syria. Those international bodies should share their expertise with Syrian authorities and support independent local bodies that can take on these tasks.
The removal of sanctions by the US, UK, EU, and others helps pave the way to rebuild an economy that was decimated by conflict and corruption. Syrian authorities should ensure that they do not discriminate in providing social and economic rights. The international community should provide both financial and technical support as Syria rebuilds its economy, while maintaining zero tolerance toward abuses and discrimination.
"The world's relief over the end of Assad's reign of terror should not translate into giving carte blanche to the current authorities to carry out abuses," Coogle said. "Instead, the international community should work with Syrian authorities to cement a reality where all Syrians' rights are the priority."
