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Freedom of Association in SYRIA |
Summary Report
| Civil society landscape |
| Legislation |
The manner in which public freedoms are exercised in Syria is tied to the political stability and the security situation of the country. Above all, the authorities are preoccupied by the security situation and, in their eyes, that preoccupation justifies the maintenance of the state of emergency. The internal situation is therefore kept under tight control and restrictions, both legal and de facto, are imposed on the formation of political parties and associations of civil society.
The associative movement in Syria has been largely stagnant since the adoption in 1958 of Law 93 on associations. That law, still in force, is inconsistent with the country’s basic laws, such as the Constitution and the Civil Code. Apart from subjecting the formation of an association to prior authorization, that law has allowed, in practice, the dissolution of a number of associations and political parties. The State intervenes not only at the formation and dissolution stage of associations, but also in all of their activities. State interventionism has developed hand in hand with coercive policies. With the rise to power of the Arab Socialist Baath Party, so-called “people’s democratic institutions” have been put in place and fusions have been enforced by decree.[1] The majority of associations undertook to obtain their registration after the adoption of Law 93 in 1958.[2] However, only a small number of new associations have been able to register, and those were affiliated to the party in power, the National Progressive Front.
Depending on their sphere of activity, associations have been classified in four groups by the Ministry of Social Affairs and Labour: a) social associations; b) health associations; c) cultural associations; d) associations for the protection of handicapped persons. It must be pointed out that this classification does not truly reflect the activities of the associations.
As far as geographical distribution is concerned, the Register of associations shows that 40% of all associations (540 in 2001) are located in Damascus, even if most of them have regional offices in other parts of the country. Of the remaining 60%, 120 are located in rural areas, while the remainder are spread among various cities, in particular Aleppo and Homs.
It should be noted that there is another group of associations - important because of the scope of their activities and the services they provide – that depend on ministries other than the Ministry of Social Affairs and Labour.3[3]
Following the death of President Hafez Al Assad in 2001, associative life in Syria was revived. Ten new associations were created in 2001 alone. The total number of associations rose from 540 in 2001 to 1,012 in 2005, then doubled in three years to reach 1,400 in 2007.4[4]
The sphere of activity of these new associations varies greatly: from the protection of the environment5[5] to various social issues6[6]. There are now associations that are active in the fields of human development7[7] and gender issues8[8]. On the other hand, few focus their action on the defence and promotion of human rights9[9].
The following are some active human rights associations, none of whom are registered: Committees of defence of democratic freedoms and human rights in Syria (CDF, 1989), HRAS, Human Rights Association of Syria (2001), Arab Human Rights Association of Syria (AHORS, 2004), National Association of Human Rights (NOHR, 2006), Damascus Center for the studies of human rights (2006), Center for Freedom (2005), Syrian Centre For Legal Studies (2006), Kurdish Association for Human Rights and Freedoms (DAD, 2006), Kurdish Committee For Human Rights (2005), Human Rights Association in Syria (2001), National Centre For The Defence of Freedom of the Press and Journalists (Hurriat), Alatasi Forum (2003), Human Rights Centre For Freedom of Expression and The Media (2006) and the Syrian Association for Human Rights (Swasiah, 2004).
The Constitution of 1950 enshrined the right to create associations, subject to limitations determined by law pertaining to public order and morality. According to Article 17 of the Constitution, associations need only be declared, that is, publicize their existence, and need not be authorized. Article 18 states that political parties may be formed under the same principle.
Although the primacy of the Constitution over national norms is established by law, the government, in particular the Ministry of Social Affairs and Labour, alone determines the extent of the exercise of the freedoms of association and expression. The Ministry has put in place a system of unlimited control over civil society by invoking the provisions of Law 93 of 1958 that, in practice, make a mockery of the provisions of the Constitution.
Laws and decrees governing associations
- The Law on the State of Emergency, adopted by decree n° 51 of December 22, 1962, and amended by decree n° 1 of March 9, 1963, authorizes the Minister of the Interior to impose restrictions on the freedom of individuals (Article 4 of decree). The scope of the restrictions may be expanded if need be and offenders handed over to military tribunals. Decree n° 6 of January 7, 1965, provides for the punishment of anyone who, in any way, hinders the application of the social legislation (Article 1). Such offences are dealt with by military tribunals.
- The Law on associations and private institutions, enforced by decree n° 93 of 1958 and published July 8, 1958.10[10]
- The enabling regulations of Law n° 93 on associations, enforced by decision n° 1330 of October 13, 1958 and legislative decree n° 224 of September 21, 1969 amending the legislation on associations and tightening government control even more.
1 – Does the system allow for non-declared or unincorporated associations?
Non-declared associations are not allowed. According to Article 71 of Law n° 93 on associations, any activities carried out by non-declared associations are punishable by a jail term of three months and a fine.
All the human rights associations listed above are non-declared due to the systematic refusal of the Ministry of Social Affairs and Labour to register them. Therefore, those NGOs continue to operate illegally and are issued warnings by the authorities because of their ongoing activities.11[11]
As an example, in spite of financial support granted by the European Union, the Syrian Centre for Legal Studies was closed down by the authorities on opening day in March 2006. The founder of the Centre, Anouar Al Bunni, had been imprisoned after having signed the Declaration of Damascus of October 16, 200512[12].
2 – Is the registration system based on licensing or simple information/notification?
Associations and private institutions must obtain a written authorization from a competent authority (Article 26). It is therefore an authorization system.
Syrian law states that associations must get registered on a register set up to that effect. The founding members must lodge a registration request accompanied with specific legal documents. The Ministry of Social Affairs and Labour then has 60 days to study the request and accept or reject it. In practice, the Ministry consults with the security bodies before taking a decision.13[13]
The system is thus based on prior authorization by the government. If an authorization is granted, the Ministry put the association’s name on the Register of associations and publishes a notice in the Official Bulletin within 60 days of the deposit of the request (Article 9). If the notice is not published within 60 days, the association is considered, in principle, duly registered (Article 10).
3 – What are the bases upon which registration can be rejected (e.g. race, security, religion, politics)?
The grounds for a refusal are primarily based on politics and security. The request is first examined by the Ministry of Social Affairs and Labour and then transmitted to the security agencies, which then proceed to an in-depth investigation of the founding members of the association. The grounds for refusal are at the discretion of the authorities since the Law on the State of Emergency authorizes the Ministry “to assess the importance of the association’s objectives and determine to what extent they are needed” (Article 6). Furthermore, according to Article 304 of the Penal Code, any association created with the aim of changing the economic or social structures of the State, or the fundamental institutions of society will be dissolved and its members condemned to hard labour.
The arbitrariness of the decision making process is exemplified by the case of the Human Rights Association of Syria (HRAS). On December 11, 2001, HRAS lodged a registration request, that the Ministry rejected 62 days later, without motivating its refusal, thus contravening the law. HRAS then lodged an appeal before the Ministry, and later before the administrative tribunal (Majlis al-Dawla). The legal status of the association having not been recognized by the government, the Ministry, on May 10, 2006, sent a letter to HRAS which had requested permission to hold their annual meeting in Damascus. The letter reminding the association that it operated illegally and that it could face legal proceedings it the meeting took place.14[14]
4 – How easy or difficult is the registration (e.g. time, cost, number of incorporators)?
The law stipulates that the founding members of an association must number at least 11. This high number, as well as the methods of investigation and the scrutiny of the founding members, are among the factors that discourage people to form associations. On the other hand, the documents requested do not present undue difficulties and the publication of the notice is free. Therefore, the main difficulty rests with the purely administrative aspects of the request, which, in practice, conditions the registration process of human rights groups.
5 – Are there effective remedies in the cases where registration is denied, delayed (e.g. judicial, administrative?
There is no recourse in case of administrative delays. In theory, Law n° 93 of 1958 states that registration becomes effective 60 days after the request is lodged (Article 7), whether the notice of registration has been published or not. The association acquires legal personality on that day.
The appeal in case of refusal of the authorities to register must first be lodged with the Ministry of Social Affairs and Labour (Article 11 of the Code of procedures). If this internal remedy fails, it then becomes possible to seek redress from the administrative tribunal, that is then is supposed to examine the validity of the Minister’s decision. Three associations, Swasiah, AHOR and NOHR have attempted to obtain redress that way but there has been no proceedings yet since the tribunal has not yet convened.
6 – Does registration automatically entail obtaining separate legal entity?
According to the provisions of Law n° 93, an association is not a legal entity until it its registration has been publicized (Article 7 and 9). Its name must appear on the Ministry’s Registry of association before it becomes a legal entity.
Law n° 93 also stipulates that an association automatically acquires legal personality if there has been no response within 60 days of the request. Article 7 stipulates that the registered association may then take all necessary measures to needed to operate.
In practice, an association does not formally become a legal entity merely because the Ministry has not responded within 60 days. For instance, while the Arab Human Rights Association (AHOR) did not receive any reply to its registration request within 60 days, it was still compelled to petition the Ministry for having its statutes published. That request was eventually rejected on the grounds that it was against the public interest of Syria.
7 – Are there other viable alternatives if the right to freely form and incorporate an association is denied (e.g. incorporate as a company, a trust, a Wakf)?
Refusal to register an association is usually due to ministerial objections to the goals of the association or to one or more of its founding members.
In that respect, trying to modify the legal status of the association by changing it into a commercial enterprise or a non-profit organization would be useless. Regardless of its formal legal status, the association will still be considered to be the same by the government, as long as it wishes to pursue goals that the government does not agree with, or that its founding members remain the same. In such a case, the association, which is considered illegal because it is not registered, falls under article 327 of the Penal Code which states that an association is considered a secret (illegal) association if it takes the shape of an association while in fact its objectives are in breach of the law, whether all or only some of its activities are secret.
1 – What are the causes/grounds of dissolution? suspension?
According to Law n° 93, any of the following four reasons may justify the legal dissolution of an association: 1) the association no longer has the capacity to fulfil its commitments; 2) it uses its financial resources for other ends than those it was set up for; 3) it commits a serious violation of its statutes; 4) it undermines the law, public order or public morality.
By way of a motivated ruling, the Ministry of Social Affairs and Labour may dissolve an association in any the following cases: 1) the association has moved away from the objectives set forth in its statutes; 2) the Board of the association has not convened for six months; 3) the association is pursuing activities that are racist, religious or political in nature, that undermine the security of the State; 4) the association is pursuing activities that are contrary to public morality; 5) the association continues to pursue activities that are against the law, despite warnings from the Ministry; 6) the association is incapable of achieving its objectives; 7) the Ministry considers that the services offered by the association are not needed.
2 – What authorities pronounce these decisions?
Law n° 93 grants the Ministry of Social Affairs and Labour full authority to apply the law on associations and to take all measures needed for its application, including dissolving associations.
Such arbitrary decisions, based on the safeguard of the interests of the State, have brought about the dissolution of the Association for Social Initiatives that focused on issues related to women’s rights.15[15]
According to Article 4 of legislative decree n° 224 (1969), the public authorities have all the authority needed and the intervention of the judiciary is not required. No objection or opposition to its decisions is possible.
3 – Are there effective remedies and appeals?
Law n° 93 set forth the procedure for the dissolution of association, but is silent on the issue of remedy and appeals. Therefore, it appears that any administrative decision on dissolution is final and may not be appealed or reviewed.
1 – What is the extent of the freedom of members to draft and amend their own statutes and by-laws and to determine their own object (Are such documents imposed? to what extent?)
The statutes of an association are determined by the founding members at the time of its creation. However, they must follow a standardized model for the request to the Ministry. According to Article 2 of Law n° 93, the statutes may not undermine national or State security, the laws of the country or public morality. The association that wishes to modify its statutes must lodge a registration request for any modifications, similar to a regular registration request. The Ministry may register those modifications or not. Article 13 of the Law states that any modification that has not been published is null and void.
The internal rules of the association must follow a standardized model16[16], and members may not change that model in any way.
2 – How strict is the level of freedom of members to adhere to or leave associations?
When applying for membership of an association, the candidate must fill in a standard form in which he must give extensive details about himself or herself before presenting it to the security services. The candidate must be sponsored by two members of the association. Any member who wishes to leave the association may do so freely. The general assembly may expel a member, in conformity with the internal rules.
In practical terms, it is the Board of the association that accepts or refuses membership requests. The president has discretionary power in that respect as in the case of expulsions.
3 – Is there any interference in the corporate bodies: e.g. attendance of meetings (Board, General assemblies) by “supervisors”, elections?
As regard the daily management of an association, law n° 93 authorizes the Ministry of Social Affairs and Labour to interfere directly in the operations of the association. Meetings of the Board are closely monitored and the ministry in charge is always represented.
By law, the authorities must be informed at least 15 days prior to the holding of any meeting of the general assembly and must be remitted a copy of the agenda. As regard associations recognized as being in the public interest, Article 47 of Law n° 93 stipulates that the public authorities may refuse the candidacy of any individuals that it considers unsuited to sit as a board member.
For other types of association, the authorities may delegate a representative who will be present at the elections and verify that the proceedings are in accordance with the statutes. The authorities may, by way of a motivated ruling, annul any election within 15 days of the date of the election if it considers that either the statutes or the law have been breached.
4 – Are there any restrictions (legal or de facto) promoting, limiting or banning participation of women in associational offices (e.g. Board)?
The legislation on association does not differentiate between men and women and there are no restrictions to the access of women to the Board or other offices.
5 – Are there any interference in the freedom of associations to decide on projects and activities? If yes, how and why?
The authorities intervene in all the activities of associations. According to Article 35 of Law 93, the Ministry of Social Affairs and Labour may intervene to change the objectives of an association in order to bring them in line with the stated purpose of the association. The Ministry may also prohibit the implementation of a decision of the general assembly, the Board or the president, if it considers that the decision is in breach of the law, public order or public morality.
Furthermore, the association must request prior approval of the Ministry for any project or activity that it wishes to undertake.
6 – Is the association’s right to freely assemble or organize private and public meetings, to move freely (including international travel) restricted in any way?
Freedom of assembly is authorized only if it conforms strictly to the objectives of the association. Meetings must be mentioned in the planning of orientation activities, and organizers must seek the required authorizations. As per Article 23 of Law n° 93, an association must notify the authority responsible at least 15 days prior to the meeting and remit a copy of the agenda. The Ministry has the authority to refuse that the meeting proceeds as planned. The minutes of the meeting must be sent to the authorities within 15 days after the meeting.
Freedom of movement inside or outside Syria is guaranteed by the Constitution, but in accordance with the law only. The legislation on associations is silent on this matter but in practice that freedom tends to be restricted.17[17] In its declaration of August 22, 2007, the Committee for the renewal of civil society in Syria lists the restrictions to freedom of movement faced by human rights activist. They are not allowed to travel to a developed country even for medical treatment and political prisoners are deprived of such treatments. Riyad Sayf, the head of the secretariat of the NGO Damascus Declaration for National Democratic Reform, is not allowed to go abroad to receive medical treatment for prostate cancer, which has now reached an advanced stage. For months, the authorities have subjected him to vexatious conditions that have worsened his heath condition and endangered his life.
7 – Are associations subjected to specific limitation on their right to freely communicate (e.g. access to media, publish and develop internet sites)?
The law on the state of emergency and articles of the Penal Code give all latitude to the government to determine what constitutes an illegal expression of thought. One may be imprisoned and fined for publishing “erroneous” information, particularly if it “risks causing public agitation or disturb international relations” or undermine the dignity of the State or national unity, affect the morale of the armed forces, or be prejudicial to the national economy or monetary system18[18] or if it is contrary to the aims of the revolution. 19[19]
In July 2002, Aref Dalila was condemned to 10 years of hard labour by the Supreme State Security Court for having spread false information, prevented the authorities to carry out their mission, incitation to mutiny and confessional discord, and for having attempted to change the Constitution by force.20[20]
Invoking one or another of the laws referred to above, the government censors and prevents access to internet sites that contain information deemed politically sensitive, such as all foreign sites, those of opposition parties and those that are critical of the government. Many sites that are not overtly critical are also inaccessible.
Associations have only limited access to local media. Officials of the government media receive instruction to ignore all communiqués from independent associations, and the activities of those groups are never mentioned except when they are slandered. As a consequence, only the official viewpoint of the Baath Party is aired in the media.
8 – Is the freedom of associations to cooperate and network with others limited (both domestic and international)?
NGOs are not allowed to freely collaborate with entities outside the country. Article 21 of Law n° 93 states that associations must inform the Ministry of Social Affairs and Labour of any intended collaborative projects and ascertain that the authorities are not opposed to such projects. As per decree n°6 of 196521[21], members of associations that affiliate with other associations without prior authorization may be condemned to a jail term and a fine; in certain cases, they may even risk the death penalty.
As per Article 4 of decree n° 51 of December 22, 1962, restrictions may be imposed on the right of assembly, the right of abode and freedom of movement and anyone suspected of endangering public security and public order may be arrested. On November 1, 2007, the security services arrested Jihad Msoti, member of the Al-Atassi Forum, just before he was leaving for Cairo to take part in a workshop organized by the LIDF, in collaboration with the Cairo Center for Human Rights.
9 – Is the participation of associations sought for opinion or participation in deciding on public interest issues? What is the nature and level of such consultations?
There are no consultations with independent associations during the decision-making process on issues of public interest.
1 – Are there any limitation on the right of associations to receive and own property and funds? How?
Article 21 of Law n° 93 prohibits associations from receiving funding from individuals or associations outside the country without prior authorization from the Ministry of Social Affairs and Labour. Any fund-raising campaign inside Syria must also receive prior approval.
2 – Are there any limitations on the right of associations to use the funds, other than by the conditions of their granting?
Yes. Financial resources and assets belonging to legally-registered associations must serve exclusively for the furtherance of the objectives of the association. In all cases, prior authorization must be obtained before the funds may be spent. Article 22 of Law n° 93 set forth the rules for obtaining public funding and states that the government may add other conditions for any activities of an association. Article 23 stipulates that the relevant authorities must be informed of the activity plan of an association.
3 – Are there specific limitations on receiving foreign funds?
Article 3 of legislative decree n° 6 (1965) stipulates that any financing used to support an illegal activity is punishable by death. According to the information available, that provision has not yet been applied.
Only a few agricultural cooperatives and consumer and investment associations enjoy tax rebates. As per the Custom Code, donations to orphanages, elderly persons institutions, charitable associations, hospital and health centers are exempted from custom duties and other duties and taxes.
1 – What are the supervisory authorities that oversee associations (e.g. courts, ministries, independent bodies, and security apparatus)? How consistent are the activities of these authorities with the principles of freedom (check Principle 16 of the Declaration)?
The Ministry of Social Affairs and Labour closely and directly supervises all actions and activities of associations. NGOs may in theory appeal any decision of the Ministry before the administrative tribunal (Majlis al-Dawla).
It should be noted that several human rights defenders and activists have been brought before the Supreme State Security Court (Mahkama Amn al-Dawla al-Uliyya). This court was set up in the aftermath of the proclamation of the state of emergency. That special court is not bound by the normal rules and procedures applicable in the case of regular courts.
2 – Are accounts and other information transparently available to the public?
Annual activity reports and financial statements are prepared by associations. The financial statement and other reports are presented to the general assembly at the annual meeting. While not confidential, those reports are not published. As per Article 23 of Law n° 93, they must always be submitted to the Ministry of Social Affairs and Labour.
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[1] Such as the Farmers Union, the Youth and Revolution Union, the Baathist Vanguard, the General Union of Women. Back to text
[2] The major associations were formed during that period: the Social Forum, Cinema Club, and Family Planning (created in 1973, it is one of the rare organizations that receive funding from outside the country; However the authorities have accused it of deviating from its set objectives and to promote permissive idea), the Seminar of Women, Friends of Damascus (heritage), the Syrian Universal Association (modern physics). There are also a number of associations such as the Youth Forum, the Association Hope, the Bardi Sports Club, and the Ligue des lauréats de France, etc. Back to text
[3] In particular the association of tourist guides (Ministry of Tourism); the Syrian Red Crescent; rural development associations (Ministry of Agriculture); the Local Society Development Association (Ministry of Health), institutions that supply social services to the elderly, orphanages and kintergardens (municipal governments and local governorats); youth clubs and boy scouts (affiliated to church groups); private clubs, such as the Armenian Fraternity, the Tcherkesse Association, the Golan Association Back to text
[4] The Fourth « Summit of Arab Youth » held in Damascus at the initiative of the Organization of Arab Women on July 10-13, 2007 (information supplied by the Organization of Arab Women). Back to text
[5] Examples : the Association for the protection of Nature, National association for spreading social values, Associations that focus on scientific research such as the Syrian association for economics sciences, the Syrian Association in support to medical research and le Syrian Forum for building software.Back to text
[6] The Association of social workers, the Association for the protection of the consumers and the Association for road safety, the Association for child rights and the Association for social initiative. The Ligue des lauréats de France is a new NGO created by a group of lawyers whose goal is to study the UN resolutions that focus on our region, as well as the Association for the fight against corruption, which has not yet been granted an authorization. Back to text
[7] The Nabk Association strives to put in place a development project at the location of a large landfill. The Family and Fraternity Association head a project to accommodate handicapped persons on a permanent basis, a specialized schools network and medical services. Back to text
[8] Among those associations : the General Union of Women, the Syrian Women League, the Association for social initiative (this association was recently banned and its authorization was withdrawn, following discussions on the personal status in Syria); the Association for combating violence against women, created in 2001, has still not obtained its authorization; Syrian Association for blind women (ELWIAM) as well as an internet website called the Syrian women website, that focuses on issues of rights and culture concerning Syrian women. Back to text
[9] As an example: the Committee for the renewal of civil society. That association, created by a group of Syrian intellectuals had developed into a social movement. The association, which has a coordination committee, has no headquarters and hold meetings in private homes, it has coordination committees in the regions. It objective is to revive civil society by means of heighten public awareness about the associative culture and incite the population to get involved to improve its living standards. However, after the closing by the authorities of various clubs and forums, including the ATASSI forum, its activities have become more politically oriented. The ONG ask for the lifting of the state of emergency, the liberation of political prisoners, the repeal of Law No. 93 and respect for the freedom of the press and of political parties. The publication of the Damascus Declaration on October 16, 2005, has been followed by a wave of arrests and repressive measures against the leadership of these committees, including M. Sayf. Back to text
[10] Hereafter Law n° 93 of 1958. Back to text
[11] Testimony of a human rights defender, member of Swasiah, to the EMHRN, November 9, 2007. Back to text
[13] State security agency, Political security agency, Military security agency.Back to text
[14] Testimony of a former member of HRAS to the EMHRN, November 10, 2007.Back to text
[15] “No room to breathe, State Repression of Human Rights activism in Syria”, Report of Human Rights Watch, 2007.Back to text
[16] Article 70 of ministerial decree n° 119 of 1970.Back to text
[18] Article 306 of the Penal Code.Back to text
[19] Opposition to the aims of the Revolution: article 3 and 4 of legislative decree n°6 of 1965.Back to text
[20] Cf. The joint appeal of several Syrian human rights organizations for the liberation of Aref Dalila. The document, translated in French by the French embassy in Damascus, can by obtained from the EMDRN on request.Back to text
[21] Cf. The case of Aktham Nu‘aysa of CDF, condemned in April 2004 and summoned before the Supreme State Security Court.Back to text
