Political Exclusion as a Guarantee of Non-Recurrence of Violations in Syria: Proposed Determinants in Light of International Practices
Executive Summary:
In most countries undergoing post-conflict transitions after authoritarian rule and the rise of change forces, critical questions emerge regarding political exclusion (lustration) as one of the preventive mechanisms of transitional justice. Such mechanisms are intended to safeguard the transition and public life from the networks of the former regime and to enable the pursuit of a different future. In this context, intense debates and sharp divisions often arise concerning legitimacy, scope, the level of non-criminal responsibility, and the balance between the right to participate in public affairs—as a political and civil right guaranteed by international law—and the reasonable grounds for imposing restrictions at this stage. Additional controversies revolve around the overall logic of the process, namely whether it reflects fair procedures or slides into retaliatory and exclusionary practices. These debates have been reflected in the emergence of diverse models of application.
In Syria, historical experiences with political exclusion already exist, particularly following the Baath Party’s seizure of power in 1963, when such practices were largely retaliatory and sweeping. Moreover, at the outset of the current transitional phase, and with the first steps toward forming a parliament and issuing an electoral law, specific provisions on exclusion were introduced. Accordingly, and in light of the preparatory and foundational processes for developing a Syrian approach to transitional justice, articulating a vision for the Syrian case that draws on international practices can contribute to strengthening the overall transitional justice trajectory.
Employing an inductive methodology alongside a comparative approach, this paper reviews the concept of political exclusion and its underlying philosophy in the relevant literature. It also focuses on examining a range of international experiences to understand the different patterns, levels, and lessons learned, before moving to an analysis of past practices in the Syrian context.
The paper identifies a set of key inputs that constitute proposed determinants for a Syrian political exclusion law. Most notably, these include defining the personal and substantive scope of exclusion through a hybrid approach that combines leadership-level affiliation with conduct across all levels; limiting exclusion to public life while excluding private-sector activities; establishing a clearly defined temporal duration; ensuring judicial oversight; specifying standards of proof; and adopting procedural regulations that prevent arbitrariness, disorder, and legal uncertainty.
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مدير وحدة التوافق والهوية المشتركة يحمل إجازة في الحقوق وحاصل على شهادة الماجستير في القانون العام، ناشط في المجتمع المدني والمجال الحقوقي وقدم عدداً من البرامج التدريبية
