Minorities and religious freedom in Syria Par Dr. Nael GEORES

I. Syria and the international protection of religious freedom........................... 2 i-

Reticence in the elaboration of human rights instruments ...............................2

ii- Reticence by reservations to human rights instruments ...................................4 II- Syria and national protection of religious freedom ....................................... 6 i-

In the Constitution ...........................................................................................6

ii- In the internal legal and legislative apparatus ......................................................7 A- Protection and guaranties ..........................................................................................7 B- Islamization and discrimination .................................................................................9

III. Policies unfavorable to the integration of religious minorities.................. 11 IV. Future prospect.......................................................................................... 12

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This article sheds light on issues of religious freedom and the integration of religious minorities in Syria. Especially, it analyzes political and legal aspects in light of the international human rights concept and the precepts of Islamic law. Religious freedom is essential for the integration of religious minorities but also for the establishment of democracy in Syria. In this paper we examine the Syrian position regarding the international protection of religious freedom (I). This position features a weak protection at the national level (II). We find that the Syrian regime’s policies have left its marks on this issue (III). The article concludes by looking at the future prospect in light of the current events in Syria (IV).

I. Syria and the international protection of religious freedom Syria has participated in the preparatory work on the development of major international instruments guaranteeing respect for human rights such as religious freedom and equality. So it has ratified most international treaties such as the Convention on the Rights of the Child on July 15, 1993, as well as the two Covenants on Human Rights1 on April 21, 1969. It is true that the participation of Syria in the development of international instruments marked progress and openness regarding respect for human rights. However, this was accompanied with some reticence that has been observed either in the elaboration of these instruments (i) or in reservations made upon ratification regarding issues of religious freedom as well as the competence of the Human Rights Committees (ii).

i- Reticence in the elaboration of human rights instruments The preparatory work of international human rights instruments highlighted many controversies between the concerned parties. These relate to diverging views on issues of religious freedom and equality between Muslims and non-Muslims, as well as between man and woman, brought forward by Muslim states participators including Syria. Protests by Islamic states, including Syria, were made during the debate on the "Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief". The representative of Iraq expressed, on behalf of the States Member of the Organization of Islamic Cooperation2, his rejection of any provision or term contrary to Islamic law (Sharia) or any legislation based on this law3. The representatives of Egypt and Syria shared the same position. Mrs. Olla (Syria) said her government had reservations on certain provisions inconsistent with the spirit of the Syrian constitution or national, religious and cultural traditions, including paragraph (e) of article 6 as well as article 74. These articles related to the right to teach a religion or belief in places suitable for these purposes as well as the insertion of rights and freedoms set forth in the present Declaration into national legislation.                                                              1

This is the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). 2 The former appointment was " Organization of the Islamic Conference". In June 2011, this appointment has been changed. 3 General Assembly of United Nations (GA of the UN), 3rd Committee, 9 October 1981, A C 36/SR. 43, p. 10. 4 Bassil Yoseph, Les Arabes et les travaux de l’ONU dans le domaine des droits de l’homme, Center for Research and Studies of the Arab Lawyers Union, Cairo, 1989, p. 57.

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The representative of Syria, Mr. Abdul Rahtnan Kayaly, supported the Universal Declaration of Human Rights (UDHR)5. However, Syria and other Islamic States have shown hostility toward certain provisions of the Declaration, including articles 13, 16, 18 and 26, 3. Several Arab and Muslim states have expressed opposition to the provisions of article 16 which guarantee the right to marry without any restrictions. This is inconsistent with the Sharia, which prohibits marriage between a Muslim woman with people of another religion. The position of those states has been expressed by Mr. Raafat, representative of Egypt6. Article 18 of the UDHR, which is related to the rights to religious freedom, was also subjected to many critiques by the above mentioned states. During the preparatory work, the representative of Lebanon, referring to the situation of his country, where so many people have fled persecution for their faith or for change of faith, suggested adding a provision on the freedom to change religion or belief to this article. Representatives of the Arab States protested the proposal because of the prohibition of leaving Islam according to Sharia’s rules. Mr. Raafat emphasized that very often a man changes his religion by external influences or for goals that are not recommended, such as divorce. He added that such a provision would encourage missionary work7. M. Baroody (Saudi Arabia) shared the same opinion of the Egyptian representative8. In spite of these critiques, the change of religion clause has been adopted in the declaration. The proposal to delete this clause was rejected despite the vote of the representatives of Syria (Mr. Kayali) and Iraq (Mr. Abadi), who aligned themselves with the position of Egypt and Saudi Arabia and opposed the representative of Lebanon9. The two 1966 Covenants were unanimously adopted with no abstentions. Indeed, the abolition of certain provisions incompatible with Islamic law has led to more openness by the Arab and Muslim states10. In fact, during the discussing of the Covenants, Muslim states have continued to provide pretexts in order to eliminate the clause related the freedom to change religion or belief. Syria, like other Muslim states, has kept the same hostile position in regard to any provision incompatible with Sharia. This led to the amendment of certain provisions, "the freedom to change religion" was replaced by the "freedom to have or

                                                             5

GA of the UN, Third session, plenary 180, 1948, p. 921. GA of the UN, plenary 180, 1948, p. 912. 7 Ibid., p. 913. 8 Ibid., pp. 391-392. And Albert Verdoodt, Naissance et signification de la Déclaration universelle des droits de l’homme, Louvain, 1964, p. 181. 9 Mohammed Amin Al-Midani, « La déclaration universelle des droits de l’homme et le droit musulman », in Lectures contemporaines du droit islamique, Presses universitaires de Strasbourg, 2004, p. 164 et s. 10 Paul Tavernier, Les États arabes, l’ONU et les droits de l’Homme : la Déclaration universelle des droits de l’Homme et les deux pactes de 1966, in Islam et droits de l’homme, Economica, Paris, 1994, p. 64. 6

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adopt a religion or belief of his choice"11. Furthermore, the right to marry, having been the subject of a dispute, was also amended, removing any reference to religion12. The strong participation of Arab and Muslim states in the preparation of the Convention of the Rights of the Child in 1981 was remarkable. However, some provisions which are incompatible with Sharia have been disputed by the above mentioned states. Thus, the non-inclusion of a provision relating to the rights of a child to change his religion in article 14 is due to the opposition of Arab and Muslim states13. It must be said that the prohibition to change religion in the Arab world does not favor the principle of equality, as the conversion to Islam is encouraged by governments, unlike the conversion to other religions such as Christianity. Furthermore, the right to proselytize is not respected due to this ban. In fact, freedom to invite others by peaceful means to convert to their religion belongs to freedom of expression. The UN Special Rapporteur on Religious Freedom also stated that missionary activities are protected under article 18 of the ICCPR and do not constitute any violations of human rights14. Therefore, the freedom to disseminate one’s religion is guaranteed under the right to manifest religion or belief15. The position of Syria and other Muslim states on the issue related to religious freedom in international conventions resulted in the absence of provisions expressly providing basic rights to religious minorities. These include equality in marriage, the right to change religion and the right to proselytize. It is unfortunate that international conventions are influenced by certain traditions and religions that affect the universality and respect of human rights.

ii- Reticence by reservations to human rights instruments Ratification of the above mentioned Conventions by Syria was accompanied by a system of reservations. These include reservations motivated by Sharia or by the principle of sovereignty. In fact, we found above that Arab and Muslim states intended to eliminate any provisions incompatible with the rules of Islamic law. However, some of these provisions continue to be included in international conventions. Syria, as the said States, followed a different strategy to remove these provisions, namely by making reservations, but also by the non-ratification of certain conventions. The Syrian Arab Republic made a reservation «on the Convention's provisions which are not in conformity with the Syrian Arab legislations and with the Islamic Sharia's principles, in                                                              11

Marc Bossuyt, Guide to the "travaux préparatoires" of the International Covenant on Civil and Political Rights, Martinus Nijhoff Publishers, Dordrecht, Netherlands, 1987, p 351. And Sami Aldeeb, Le délit d’apostasie, p. 1. 12 Article 23 states : « The right of men and women of marriageable age to marry and to found a family shall be recognized». 13 Eva Brems, Article 14: the right to freedom of thought, conscience and religion, Martinus Nijhoff Publishers, Netherlands, 2006, pp. 23-24. 14 See Report of the Special Rapporteur of the Commission on Human Rights on freedom of religion or belief, by Asma Jahangir, Sixtieth session AG, A/60/399, 2005, para. 67. 15 For more details, see Gianfranco ROSSI, « Le droit à la liberté de diffuser sa religion », in Conscience et Liberté 59, 2000, p. 123.

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particular the content of article (14) related to the Right of the Child to the freedom of religion, and articles 20 and 21 concerning the adoption». Article 14 is related to the right of the child to freedom of thought, conscience and religion. It is important to mention the clarification provided by the Government of Iraq regarding its reservation. This government has seen fit to accept «article 14, paragraph 1, concerning the child's freedom of religion, as allowing a child to change his or her religion runs counter to the provisions of the Islamic Sharia» . Articles 20 and 21 are related to the system of adoption, which is also not accepted by Sharia. The effects of the Syrian reservation on article 14 appear today in national legislation, especially in the case of mixed marriages between people of different religion. These cannot choose a religion other than Islam to their children, contrary to the provisions of article 14, paragraph 2. The most significant reticence from Syria remains its position regarding the monitoring mechanisms provided by some Human rights conventions. In fact, Syria uses the sovereignty principle as a pretext to reject the jurisdiction of the body charged to control the respect of human rights. Syria has not accepted article 41 of the ICCPR. The Human Rights Committee has competence, under this article, to « receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under the present Covenant». Furthermore, the competence of the Committee is limited by the nonratification of the first Optional Protocol to the ICCPR by Syria16. This is just a sign of the unwillingness of the Syrian regime to ensure effective enforcement of human rights. Article 1 of the Optional Protocol to the ICCPR gives the Committee the competence «to receive and consider communications from individuals subject to its jurisdiction who claim to be victims of a violation by that State Party of any of the rights set forth in the Covenant». In fact, depriving the Human Rights Committee from receiving such communications leaves to the victim only domestic remedies. These are not always effective, especially when it comes to complaints against the government and its agents. Furthermore, measures of revenge could be taken against litigants, whether for example in the field of employment or administrative procedures, etc. Despite the considerable efforts of the UN and its bodies to promote minority rights and religious freedom, this protection system is still limited. Thus, the absence of an international instrument with legal force, related to the protection of minorities constitutes a weakness. Indeed, the hostility of Syria, as many UN member states, to the recognition of minorities, has prevented the adoption of such an instrument.

                                                             16

Algeria, Libya and Somalia have joined the first protocol.

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It is true that the international organs contribute primarily to encouraging States to the protection of human rights. However, the best protection of minority rights is on the national level, as states remain the basic rule.

II- Syria and national protection of religious freedom i- In the Constitution The Syrian Constitution makes no reference to the term "minority"; however the rights of religious minorities and religious freedom are provided by two main categories of fundamental rights. Firstly, provisions relating to the principle of equality and secondly provisions related to freedoms, including religious. The Syrian Constitution17 guarantees the principle of equal opportunities for all citizens. They have the right, under article 26 of the Constitution, "to participate in the political, economic, social, and cultural life". Article 25 also calls for the equality of citizens before the law in their rights and duties. This principle means that the prohibition of discrimination among citizens should embrace all laws as well as access to public service. This is not always the case as we shall see. The Syrian Constitution of 1973 states in article 35 that «the freedom of faith is guaranteed. The state respects all religions. The state guarantees the freedom to hold any religious rites, provided they do not disturb the public order». Unlike the Lebanese and Jordanian Constitution, the Syrian one does not expressly provide access for religious courts to nonMuslim minorities. Furthermore, Syrian Constitution does not guarantee the right to freedom of religious education, which is an essential element of religious freedom18. This corresponds, in our opinion, with the political goals of the Baath Party. The Syrian constitution has contributed greatly to the formation of the great principles of human rights and especially the introduction of the citizenship notion, which is essential for the integration of religious minorities. However, the fragility of this constitution is apparent in its legality. That means the Constitution follows the evolution of laws, not as it should be that laws must be under the power of constitutions19. Indeed, the enjoyment of freedoms and fundamental rights guaranteed in the Syrian Constitution is only ensured within the limit of law. This provision is made on several occasions in the Constitution. This leads us to ask ourselves about the content of laws. These are not necessarily democratically elected by Syrian people. Indeed, several draconian laws remain in force in Syria. As for the influence of Islam, it is clear that certain terms of Islamic law have disappeared from the Syrian constitution. Thus, the term "People of the Book" and the distinction between believers and unbelievers were replaced by the term "citizens". However, the influence of Islam appears repeatedly in the constitution. It proclaims in article 3, that «the                                                              17

It was adopted by a referendum on 12 March 1973. See article 10 of Lebanese Constitution and article 19 of Jordan Constitution. 19 See Yadh Ben Achour, « Conclusions générales », in Les constitutions des pays arabes, conference in Beirut, Bruylant, Bruxelles, 1999, p. 320. 18

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religion of the President of the Republic has to be Islam». It is true that non-representation of Islam as state religion in Syria is an almost unique case in the Arab world20. But the above mentioned clause is a violation of the socio-political rights of other religious communities. The current Syrian Constitution also considers Islamic jurisprudence as a main source of legislation. All these clauses restrict the religious freedom and the integration of nonMuslim minorities. Other constitutional provisions are inspired from Islam such as article 44, 1 which states that «the family is the basic unit of society and is protected by the state». This provision is inspired from the Koran. The Syrian Constitution is politicized. It represents a synthesis between, on the one hand, protection of rights and freedoms and on the other hand, the protection of the socialist21 and Baathist regime22. However, the Syrian regime sacrificed human rights to save the political system. This is reinforced by article 8, which considers the Baath Party as the leading party in society and state. Furthermore, articles 48 and 49 require that all organizations have the duty to defend the regime . In addition, certain rights that are recognized in the ICCPR, do not find their equivalent in the Constitution. We cite for example the protection of minorities (article 27), freedom to have or adopt a religion or belief of one’s choice (article 18) and the protection of children without discrimination (article 24). Similarly, the prohibition of advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence (article 20), are not mentioned in the constitution23. The right to marriage includes the right to choice of spouse (article 23) and the right to equality before the courts (article 14), both of which are not included in the Syrian Constitution.

ii- In the internal legal and legislative apparatus A-Protection and guaranties Protecting the rights of religious minorities is ensured in Syria by the internal laws. They are governed, in principle, by the influence of constitutional provisions, as well as by international and regional instruments. These contain civil and political rights, including those relating to equality, religious freedom and certain provisions against violence and religious hatred. Outside family law, the Syrian laws are, in principle, not religiously discriminatory. These are laws to all citizens, as we can see through their provisions. For example, article 2 of the                                                              20

This clause is also absent from the Lebanese and Djibouti Constitutions. Article 1 of the constitution states: « The Syrian Arab Republic is a democratic, popular, socialist, and sovereign state. No part of its territory can be ceded (…)». 22 Youssef Sélim Takla, « Droit public des pays fondateurs de la Ligue arabe », in États et sociétés de l’Orient arabe en quête d’avenir : 1945-2005 : Fondements et sources (I), Actes de la Semaine internationale d’études sur le Moyen-Orient arabe, MMSH, Aix-en-Provence, Geuthner, Paris, 2006, p. 94. See also Jacques Al-Hakim, « Syrie : constitution de la République arabe syrienne », in Recueil des Constitutions des Payes Arabes, Bruxelles, Bruylant, 2000, p. 204. 23 Such provisions are introduced into domestic law. 21

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Electoral Act24 makes no distinction between citizens who have the right to access the People's Assembly and the public service. Similarly, the rule of the Baath Party was founded on secularity and does not include any discrimination on religious grounds, as stated in articles 28 and 94 of its statutes. Regarding laws and provisions against violence and religious hatred, it provides more or less for the protection of religious minorities against fundamentalist groups and radical discourse. Indeed, racism, sectarianism and fostering extremism required the adoption of appropriate legislation to combat these phenomena. These affect all citizens, especially religious minorities. The Syrian Penal Code25 has some guarantees for Syrian citizens in general and for persons belonging to religious minorities in particular. This code condemns, in article 307, "any deeds committed, writings composed, or speeches held with the intention of inciting sectarian or racial strife or provoking conflict between the religions and the various members of the nation". Article 308 of this code condemns any person belonging to an association established for the purpose referred to in article 307. Under the terms of article 319 of the Penal Code, any act which prevents a Syrian from exercising his constitutional rights is punishable. Further, article 555 condemns depriving a person of his freedoms. Article 305 provides for severe penalties against perpetrators of terrorist acts. Articles 462 and 463 deal with defamation of religious as well as with interference on places of worship and religious ceremony. Both of them impose a hard punishment. This may prevent outrages of religious feelings, as well as tensions between different communities. It is necessary to note also that the Arab states, including Syria, have signed the Arab Convention for the fight against terrorism. It was adopted on 22 April, 1998, by the Council of Arab Ministers of Interior and Justice, during a meeting in Cairo. This instrument provides for joint action against terrorism, of which religious minorities are among the main victims. It is important to note, finally, that the above mentioned laws are a double-edged sword, according to the practice of the Syrian regime. It is true that most of these laws could be justified under article 20 of the ICCPR26. However, the Syrian regime is authoritarian and can use these laws to restrict certain basic rights of citizens. These laws are often interpreted and applied so as to affect freedom of expression and religion, often leading to the arrest of political opponents and missionaries.

                                                             24

It was enacted by Legislative Decree No. 26 on 14 April 1973. It was enacted in 1949. 26 This article states : «The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others». 25

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B- Islamization and discrimination The legal system was deeply influenced by French law. Islamic law is only used to fill gaps in positive law as stated in article 1 of the Syrian Civil Code27. However, Islamic law dominates also matters relating to family law so that a pluralist system is applied in regard to these issues. Under this system the Muslims have their own laws and jurisdictions as well as Christians in matters relating to family law or personal statutes28. This system provides several privileges for Muslims, as well as discrimination against nonMuslims. This is the source for violation of many rights, such as the right of equality and religious freedom, especially in cases between non-Muslims, Druzes as Christians, and Muslims. Thus the testimony of a non-Muslim is not accepted before Muslim courts. The above mentioned system includes an Islamization when the conversion to Islam is a way to access all citizenship rights, to escape the abusive provisions of certain non-Muslim legislatives and finally to enjoy some benefits of Islamic law. This conversion is mainly performed to obtain a divorce, custody of the child or for entering into a marriage with a Muslim woman as we shall see. In some Christian communities divorce is not allowed, referring to the Gospel that says: "What therefore God has joined together, let no man separate". Thus the conversion to Islam is inevitable to get divorce judgment, in order to later enter into a new marriage. If the man converts to Islam, even during the judicial proceedings with his wife, he can repudiate her. If the woman converts, the marriage is dissolved because of marriage prohibition between a Muslim woman and a non-Muslim man. The Christian husband in such a case can convert to Islam to force his wife to remain in the marital home and keep his marriage. The children of a marriage between a Muslim and a Christian are necessarily registered as Muslims in Syria. According to the Syrian doctrine, children should follow the best of religions, Islam. Thus, the law of the country does not recognize the right of a Muslim married to a non-Muslim to educate his/her children in a religion other than Islam, even if this goes against the will of their parents. Non-Muslim mothers are discriminated against because of the position courts take regarding the custody of the child in the case of legal conflict. It is true that a Christian mother of a Muslim child born in a mixed marriage, can keep the child up to certain ages. However, this type of care is in jeopardy if the religion of the child is threatened by the influence of the mother’s religion. In such a case the child is removed from his/her Christian mother. Often, this type of dispute is triggered at the age where children can receive religious education (between five and eleven). The Syrian tribunals follow the famous jurisprudence of the Syrian Cassation Court. This Court has ordered, in a decision on 6 April, 1981, to verify allegations concerning the influence on the religion of the child by his Christian mother (Case No. 301). As a result, the conversion of the Christian husband to Islam allowed him to seek immediate custody of the child.                                                              27 28

Code adopted pursuant to Legislative Decree No. 84 of 18 May 1949. This includes matters relating to marriage, divorce, inheritance, etc..

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As for mixed marriages, article 48 of Syrian Law of Personal Status prohibits a non-Muslim man from marrying a Muslim woman, with the consequence that any child of such a relationship is illegitimate. The conversion of a non-Muslim man to Islam is inevitable in order to subscribe to such a marriage in Syria. The prohibition of this type of mixed marriage is a violation of two fundamental rights of human beings, namely the right to freedom to enter into marriage and the right to equality. The non-Muslim man loses his right to freedom of marriage and is discriminated against because of the permission for Muslim men to marry Christian women. Note in this context that Christian law in Syria includes provisions on the prohibition of mixed marriages. The case of Mr. Rezekallah Hanush, a Syrian Christian registered as a Muslim against his will, is worth quoting. Mr. Hanush was the victim of this legal provision that prohibits marriage to a Syrian Muslim woman. However, the couple entered into a spiritual marriage outside of court to avoid any change of religion. A little later, the woman requested, before the Islamic court, the recording of her marriage contract, claiming that Mr. Hanush gave al-shahada (conversion to Islam) before her brothers. They testified before the above mentioned court, which emanated decision No 72/498 of 15 February, 1998, under which it granted the woman’s request. The court said that the convert became Muslim just following his pronunciation of al-shahada and that the non-fulfillment of administrative requirements were not to be considered under the law. Mr. Hanush appealed against that decision before the Syrian Court of Cassation, claiming that he was a Christian attached to his Christianity. He added that the above mentioned testimony should not be accepted in court because of the family connection29. The Cassation Court rejected his request, confirming the decision of the Islamic court and treating Mr Hanush as a Muslim30. There are other cases that motivated the conversion of non-Muslims. Indeed, inheritance between a Muslim and a non-Muslim is forbidden under article 264 of Syrian Law of Personal Status. Therefore, the question of succession can be solved following the conversion of Christians to Islam. It should be noted that non-Muslim converts, as Muslims by birth, can not leave Islam31. Indeed, the legal and legislative apparatus imposes strong restrictions against the apostate in Islam. It is true that Syrian law does not provide for the prohibition of abandonment of Islam, however, article 305 of the Syrian Law of Personal Status demands the return to the rules of Hanafi rite to fill the absence of positive legislation. Therefore, the judges will be forced to return to the Hanafi school, i.e. the provisions in the Code of Qadri Pasha32. This Code prohibits, in principle, for apostates to change their religious identity on official documents. They are separated from their spouses and they can not enter into contracts including marriage. They are also deprived of their                                                              29

It is also important to remember that the Islamic courts do not accept the testimony of a Christian. See the two decisions of the Syrian Court of Cassation : the first of Islamic Chamber No. 515, basis 905 of 5 May 1999 and the second concerning the decision of the General Administration No. 197, basis 352 of 14 June 1999. 31 See Mohamed Zuhir Abdou Al-Hakk, ‫( اﻟﺪﻟﻴﻞ اﻟﺸﺮﻋﻲ ﻟﻠﻘﺎﺿﻲ واﻟﻤﺤﺎﻣﻲ‬chariee guide to the judge and the lawyer), Al-Majed, Damascus, 1994, p. 40. 32 Articles: 31-32, 120-130 and 303-309 concerning the status of apostate. For more details, see Sami Aldeeb, Le délit d’apostasie aujourd’hui, p. 12. 30

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rights to child custody, inheritance, etc. In some cases, such restrictions would not apply, but the Syrian government continues to deal with the apostate as a Muslim. The ban on leaving Islam led to the violation of certain fundamental rights of all Syrian citizens, including the principle of religious freedom, equality33 and freedom of expression. Furthermore, prohibiting the abandonment of Islam in Syria led to impose strong restrictions against non-Muslims regarding their legitimate right to proselytize. This must be guaranteed under the right to manifest religion or belief as we have seen. It is true that proselytizing is not explicitly prohibited in Syrian legislation; however, security services intervened on several occasions to arrest those people who performed such an act. These can be accused of blasphemy, defamation of religion or undermining national unity. It remains to note that some religious minorities are not recognized by the Syrian government, due to their incompatibility either with political mainstream, such as the Witnesses of Jehovah, or with Islam, such as the Bahá’i minority. Persons belonging to theses minorities cannot represent themselves correctly on their national identity cards. They also face persecution from the Syrian authorities when attempting to participate in religious meetings; this constitutes a violation of article 21 and article 22/1 of the ICCPR.

III. Policies unfavorable to the integration of religious minorities The policy of the Syrian regime has not helped to strengthen the citizenship principle; and therewith the integration of religious minorities. The number of these minorities continues to decline since the arrival of the Baath regime in the seventies34. Furthermore, the religious dimension of the regime has increased the inter-religious tension in the country. The Syrian regime's commitment to Arabism, as we have seen through the Constitution, has affected the cultural rights of non-Arab religious minorities such as Armenians and Assyrians. These are two significant Christian minorities, but their number are fast diminishing. Unlike Jordan, which allows freedom for Christians to have their own schools, the Baath regime, upon arrival to power, nationalized Christian schools by imposing a common education system, under a decree adopted in 1967. This led to more intervention and control on Christian schools. The majority of these schools chose to close its doors, the rest was now controlled by the Ministry of Education, which interfered to name the main school responsible and to impose an Arabic education, as well as religious instruction books. This affected especially non-Arab Christians who lost the privilege of teaching their language35. Furthermore, these same schools are obliged now to provide religious education to Muslim students, while                                                              33

The principle of equality is violated because the conversion to Islam is easily done, and procedures become simplified, even if the convert wants to evade the law. 34 This is especially because of emigration due to the rise of fanaticism and the deteriorating of political and economic conditions. Furthermore, the islamization is considered as a main reason. 35 Laurent Chabry et Annie Chabry, Politique et minorités au Proche-Orient : Les raisons d’une explosion, Maisonneuve& Larose, Paris, 1984, p. 247.

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public schools often do not warrant such education for Christian students36. The Church in Syria did not appreciate these reforms, because it considers them as a violation of religious freedom. The cultural loss was of great importance given the high quality and the high teaching level of foreign languages. This had made these schools to some of "the best in Syria," in which a lot of elites graduated, who subsequently became active participants in society. The recent re-Islamization of the Arab East, where political oppression is one of its main causes, did not leave the Syrian regime indifferent. It adopted, in order to ensure its survival, measures to satisfy the Islamists. In 2004, a Syrian was arrested because of smoking in public during fasting. The president does not fail to go to mosque, especially during religious festivals. The influence of Islam on the Baath regime mainly affects nonMuslims. Thus, a draft personal status law, which was set up by the state in 2009, reinforced discrimination against non-Muslims, but also the Islamization of the country37. This project has been suspended from the Council of Ministers due to the strong reaction from civil society38. The new Presidential Decree No. 30 of 2007 concerning military service, requires from Christian clergy the payment of a heavy sum, about five thousand dollars, to be exempted from military service39. Christian clergy’s military service, before this decree, was adjourned until a certain age, when they were then definitely exempted. It seems that Decree No. 30 is based on the status of dhimmi. According to traditional interpretation, the payment of money (Gyzi) under Islam has long been imposed on Christians in order to be exempted from involvement in the military. The participation of non-Muslims in the political and public life has become less satisfactory in recent years. They are less represented in political life and their access to certain key positions is more limited. It should be remembered that before the arrival of this regime, the political participation of Christians was more than satisfying. In the forties and fifties, Mr Fares Al-Khouri, a Syrian Christian, has served several times as Prime Minister in Syria.

IV. Future prospect The Arab world, including Syria, is currently experiencing important political and legal reforms. After decades of oppression by the dictatorial regimes, the people of the Arab world demand their freedom and dignity by asking for fundamental political change. This,                                                              36

Jean-Pierre Valognes, Vie et mort des chrétiens d’Orient ; Des origines à nos jours, Fayard, Paris, 1994, p. 718. The draft law includes terms inspired from Sharia as "dhimmi" (article 38). The term "citizen" has never been cited in this text. Article 232 encourages the conversion to Islam while the conversion is allowed, "regardless the motive". 38 For more details on this draft law, see Nael Georges, ‫دراﺳﺔ ﻗﺎﻧﻮﻧﻴﺔ‬: ‫ﻣﺪى اﻧﻄﺒﺎق ﻣﺴﻮدة ﻗﺎﻧﻮن اﻷﺣﻮال اﻟﺸﺨﺼﻴﺔ اﻟﺴﻮري ﻣﻊ ﻣﻨﻈﻮﻣﺔ ﺣﻘﻮق‬ ‫( اﻻﻧﺴﺎن‬Legal Study: Compliance the Syrian personal status draft law with the Human Rights charter), Damascus Center for Theoretical and Civil Rights Studies, June 18, 2009, www.dctcrs.org. The full text of this draft is published by Syrian Women Observatory, www.nesasy.org. 39 This is according to article 12 of this Decree. See, ‫( ﻓﺮض اﻟﺨﺪﻣﺔ اﻟﻌﺴﻜﺮﻳﺔ ﻋﻠﻰ رﺟﺎل اﻟﺪﻳﻦ اﻟﻤﺴﻴﺤﻲ ﻓﻲ ﺳﻮرﻳﺎ‬The imposition of military service on the Christian clergy in Syria), 15 March 2008, www.all4syria.info. The full text is available in Arabic at: http://www.syriasteps.com/index.php?d=127&id=7221 37

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of course, leads to the introduction of a new political and legal frame in the region and consequently has effects on the issue of religious freedom, as well as on the integration of minorities. The way to democracy and the integration of religious minorities is not easy given the political accumulations, creating an environment not conducive to such integration. Improving the status of religious minorities in Syria could be achieved by taking serious initiatives to create a pluralistic Arab World. Regarding a religiously pluralist system, we must review the personal status codes in light of international human rights instruments. It is important to adopt a unified civil code, which applies to all citizens without discrimination based on sex or religion. The Church is invited to take the first step. Total secularization of family law in the present political circumstances cannot be accepted. So the best solution can be created by the establishment of a secular system in parallel with the existing religious system, like some states of Black Africa. In such a system the spouses would be free to enter a religious or civil marriage according to their convictions. The strengthening of interreligious dialogue is essential to reduce tensions in Syria. The modern reinterpretation of Islamic law is one of the main pillars to strengthen tolerance, religious freedom and the rights of non-Muslim minorities. The various Muslim schools of law show a greater or lesser severity regarding the treatment of People of the Book. These address some barriers to respect for human rights through a modern interpretation of Sharia. The current education system is the source of interreligious tension in Syria, as in the other countries of the Arab world. It is important to restructure education to put it in the service of tolerance and democracy. We should eliminate discrimination in legislations and revise them in order to respect the rights to freedom of religion and expression. Full access of Syria to international human rights and their mechanisms is essential. Strengthening the role of civil society contributes to the establishment of democracy. Support from the international community, including the West, in this democratic reform is essential. The establishment of international justice would be in favor of religious coexistence. It is certain that the process of emancipation and democratic change is slow, difficult and even risky. But the danger posed by the arrival to power of a radical Islamist regime in Syria offers no chance. Indeed, this country is the most diverse in the Middle East. It is composed of several Christian and Muslim minorities, as well as non-Arab ethnic minorities. This multi-faith situation makes difficult the establishment of an Islamic political dominance. All Syrian citizens should continue their struggle to end the current system, as an essential step for the emancipation of this country.

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