Given that the specific circumstances of the political transition in any country determine how authority is structured and its tasks, the question arises: Will this transition facilitate a Syrian consensus on the content of the impending change towards a new system in Syria? Or will it lead to a struggle over the substance of this change?

In the event of agreement on the first option, which requires the establishment of a "historical bloc" of active political forces, the initial step would be to prohibit the use of weapons and facilitate the return of Syrian refugees from exile unconditionally. Subsequently, the focus would shift to rebuilding the state so it can effectively perform its essential functions across security, economic, social, and political domains, based on the legitimacy of a temporary constitutional declaration for the transitional phase and public satisfaction.

The constitutional declaration for the transitional phase delineates the pathways for political transition based on the following criteria (1): the form of the political system (presidential, parliamentary, mixed), and the shape of the electoral system (proportional representation, majority system, individual, small districts), along with a fair determination of electoral districts to ensure that results reflect the will of all voters, guaranteeing the freedom and integrity of elections. The sustainability of the political process would depend on institutionalizing the relationship between civilian and military entities and disarming militias.

The crucial aspect of the process of restructuring and institutional reform is ensuring the operation of state institutions according to the principles of good governance, enabling them to involve all Syrians in the reconstruction of their country. "Participation, rule of law, transparency, responsiveness, consensus-building, equity, inclusiveness, effectiveness, efficiency, and accountability are the key indicators of good governance" (2).

The founding assembly responsible for legislative authority during the transitional phase could be formed through a political consensus, given the challenges of conducting elections at the start of the transitional process. It must be empowered to carry out the following tasks (3): take on legislative authority, draft the constitutional declaration, issue flexible laws for the establishment of political parties and civil society organizations, prepare for writing a permanent constitution in collaboration with the Supreme Judicial Council, regulate and monitor economic activity, and prepare for national elections in light of the permanent constitution.

An important aspect of institutional reform is the "guiding principles for election management" (registration of candidates, establishment of polling stations, ballot distribution, voter registration, issuance of credentials, distribution of credits, management of credits, voting, counting, auditing, recounting). Therefore, the founding assembly should "establish an independent Syrian body to manage the process" (4).

To restore the confidence of Syrian citizens in the state during the transitional phase, it is essential to "reform the institutions of the judicial and security sectors in ways that enhance the rule of law and prioritize human rights." The goal of security sector reform is to "achieve democratic governance that respects human rights while restoring the state’s monopoly on the legitimate use of force, assuring these rights." The most prominent challenge in this sector is "to ensure that its services are applicable and accountable to provide security for individuals and all social components" (5).

To achieve this, the transitional government must: reduce the number of security agencies and regulate their operations through law, transform the military institution into a professional national army that does not interfere in politics, meaning preventing its officers from joining any political party. Additionally, reforming these agencies aims to "achieve democratic sector governance that respects human rights, holding them accountable to independent oversight bodies and civil society, while simultaneously restoring state sovereignty" (6).

Judicial reform should be among the first institutions to be restructured at the beginning of the transitional phase, ensuring that "every Syrian citizen feels they do not need to fight for their violated rights or protect their rights independently, but instead there is a judiciary that guarantees these rights for everyone, as all are equal before the law and the judiciary."

Another angle to consider in the transitional equation is the Syrian society and its will, highlighting what it can do to influence the future of Syria. The most successful option for averting potential conflicts is the presence of civil society organizations to encourage a spirit of understanding and cooperation among various factions, reinforcing trust in the state and its institutions, positioning them as the best guarantor of Syria’s unity and progress. Additionally, these organizations can engage in monitoring and supervising governmental institutions, as well as contributing to setting standards and objectives for reforming governance institutions. This requires: abolishing all constraints, laws, and decisions that restrict the activities of civil society organizations, affirming their right to fulfill their oversight role, and granting their institutions the right to pursue legal action, especially filing appeals before the Supreme Constitutional Court regarding their field of activity.

In reality, there is a correlation between the modern national state and civil society, meaning between political and civil communities, but with relative autonomy for the latter, based on the idea that "civil society is the space of freedom, while the political society is the domain of law

Abdullah Al-Turkmani