Syria--2011 FDA Global Electoral Fairness Audit Report

2011 FDA Global Electoral Fairness
Audit of Syria’s Republic Electoral
System
Electoral Fairness Audit Completed September 9, 2011
Updated on October 3, 2011
Executive Summary: Syria received an overall score of 0 percent for electoral fairness. The
score means that there is complete electoral unfairness in Syria. Any element of electoral
fairness such as the composition of National Assembly based on gender, occupation, new and
old members and political affiliation, is offset overall by electoral unfairness. The state
controls all media, and the Baath Party is guaranteed a majority of the National Assembly
and the presidency of the country. Political expression must conform to the principles and
goals of the 1963 revolution, and the state imposes fines and imprisonment, and revokes
political and professional rights for violation of political content laws.

About the Foundation for Democratic Advancement:
The Foundation for Democratic Advancement ("FDA")'s mission is to advance fair and
transparent democratic processes wherever elections occur. The FDA believes that fairer
electoral systems and a more informed public will help ensure the election of candidates who
truly represent the will of the people. The FDA fulfills its mission by performing detailed
electoral audits on political candidates and parties to inform the public, objectively and
impartially, about their electoral choices. Also, the FDA audits electoral legislation in terms of
fairness and equity, and conducts ground level assessments of democratic processes. (For more
information on the FDA visit: www.democracychange.com)
Purpose of Electoral Fairness Audit:
The purpose of the FDA’s electoral fairness audit (the “Audit”) is to determine a grade and
ranking for electoral fairness in Syria at the presidential and assembly levels of government. This
Audit is part of the FDA’s global audit of electoral fairness involving all countries which hold
political elections. The FDA's goal is to give the citizens of Syria an informed, objective
perspective of the fairness of the Syrian republic electoral system.
The views in this electoral fairness audit are the views of the FDA only. The FDA’s members and
volunteers are in no way affiliated with the Syrian Electoral Commission or any of the Syrian
registered/non-registered political parties. The Audit is an independent assessment based on
objectivity, transparency and non-partisanship. The FDA assumes no responsibility or liability
for any errors in the calculation of its audit results or inaccuracies in its research of relevant
Syrian legislation.
Methodology of the Electoral Fairness Audit:
The FDA uses the methodology of more reasonableness which was created by FDA founder and
executive director, Stephen Garvey. The methodology focuses on facts themselves for fairness
and unfairness, and their comparative numerical value. To determine the correct numerical value
for facts, FDA auditors are guided by matrices which show the numerical value of established
facts, and FDA scoring scales for fairness and unfairness.
The FDA focuses on four key areas of electoral fairness:
1) Laws and regulations on the political content of media including newspapers, broadcasters and
online media before, during, and after elections;
2) Laws and regulations on the candidates’ and parties’ influence before, during and after
elections, such as national televised debates, restrictions on candidate nominations, party
registration requirements, etc.;
3) Laws and regulations on electoral finance, such as party and campaign donation limits, third
party spending limits etc.; and

4) Laws and regulations on voter say before, during, and after an election. The FDA auditors
determine the fairness of Syrian laws and regulations for voter say in the media, at the polling
booth, through electoral finance and constitutional laws etc.
The FDA audits these four areas of electoral fairness because, in our opinion, they are often
ignored or overlooked by the international community in determining electoral fairness.
Moreover, these four areas cover broad aspects of the electoral process in which fairness could
be compromised significantly. The FDA acknowledges that electoral laws and regulations may
not necessarily correspond to the implementation of those laws and regulations or the public’s
response to them. The implementation and response could be positive or negative, in terms of
electoral fairness. Nevertheless, laws and regulations provide the foundation for democracy,
framework for the electoral system, and an indication of electoral fairness. Also, a country's
constitutional and electoral laws are part of the reality of its democracy. A further study which
tracks the actions of mainstream media and the enforcement or non-enforcement of electoral
laws and regulation, for example, would provide a more reliable overall determination of
electoral fairness.
The FDA researched current Syrian legislation, in relation to the four areas of electoral fairness
being audited. Following which, the FDA audited the research results via the FDA electoral audit
team and established FDA matrices and scoring scales. The scores and the reasons for them are
recorded.
Weighting and Scoring:
Overall, the FDA scoring is guided by an inherent valuation of the concepts of soundness and
relevancy. Each area of electoral fairness has a score range between 0 and 10, and each area is
counted equally. The FDA auditors allow for overlap of electoral fairness areas, due to the
interconnectedness of the areas. For example, electoral finance will be factored into the score for
voter say and candidate and party influence if it is relevant to these areas. The total averaged
score will provide an indication of the electoral fairness in Syria.
The FDA electoral audit team deliberated on the research on each area of electoral fairness, and
then attempted to reach consensus on the scores. When no consensus could be reached, the
individual scores of the team were averaged. The final score for each area must be supported by
more sound reasons and correspond to the established FDA matrices and scoring scale.
FDA Researcher:
Mr. Stephen Garvey, FDA founder and executive director, bachelors degree in Political Science
(University of British Columbia), and masters degree in Environment and Development
(University of Cambridge).

FDA Electoral Fairness Audit Team:
Chief Electoral Auditor:
Mr. Stephen Garvey, FDA founder and executive director, bachelors degree in Political Science
(University of British Columbia), and masters degree in Environment and Development
(University of Cambridge).
Electoral Auditors:
Mrs. Linda Dassin, FDA researcher, bachelor of Law (Université Paul Cézanne), lawyer, and
Lebanese citizen.
Mr. Aurangzeb Qureshi, FDA Director of Marketing, bachelor degree in Political Science
(University of Alberta), and bachelor degree in Journalism (University of King's College).
Mrs. Liza Valentine, FDA design consultant and researcher, and masters degree in Architecture
(University of Calgary).
Ms. Larisa Vortman, FDA researcher, teaching diploma (University of Foreign Languages in
Irkutsk, Russia FDA), specialization French and English, and Russian citizen.
© 2011, Foundation for Democratic Advancement
All rights reserved.
Foundation for Democratic Advancement
728 Northmount Drive NW,
PO Box 94, Calgary, Alberta,
Canada, T2K 1P0
info@democracychange.com

Table of Contents:
Political Background on Syria 7
Chapter 1: Political Content of Media 9
Executive Summary 9
Research Excepts 9
Score 11
Rational 11
Chapter 2 Equality of Political Candidate and Party Influence 13
Executive Summary 13
Research Excerpts 13
Score 20
Rational 20
Chapter 3: Equality of Electoral Finance 21
Research Excerpts 21
Score 22
Rational 22
Chapter 4: Equality of Voter Say 23
Research Excepts 23
Score 25
Rational 25
Chapter 5: Overall Audit Results 26

Chapter 6: Analysis 27
Chapter 7: Conclusion 28
Chapter 8: Recommendations 29
Appendix: FDA Global Audit Results 30

Political background on Syria
• Syria gained independence from the French administered League of Nations mandate on
April 17, 1946. A republican government that had formed during the mandate assumed
control.
• Syrian politics from independence through the late 1960s were marked by political
upheavals. During this period Syria had four different constitutions and witnessed
several military coups. It also briefly joined Egypt to form the United Arab Republic
between 1958 and 1961.
• Syria stabilized under President Hafez al-Asad, who came to power through a bloodless
military coup on November 13, 1970 and consolidated the dominance of the Baath party.
Hafez al-Asad also helped concentrate power in the hands of the Alawite sect, a minority
Muslim sect that constitutes approximately 11 percent of Syria’s population. Hafez al-
Asad served five presidential terms and, after his death in 2000, his son Bashar became
president.
Principles and Goals of the 1963 Syrian Revolution:
Syria – Constitution
Preamble
The Arab nation managed to perform a great role in building human civilization when it was a
unified nation. When the ties of its national cohesion weakened, its civilizing role receded and
the waves of colonial conquest shattered the Arab nation's unity, occupied its territory, and
plundered its resources. Our Arab nation has withstood these challenges and rejected the reality
of division, exploitation, and backwardness out of its faith in its ability to surmount this reality
and return to the arena of history in order to play, together with the other liberated nations, its
distinctive role in the construction of civilization and progress. With the close of the first half of
this century, the Arab people's struggle has been expanding and assuming greater importance in
various countries to achieve liberation from direct colonialism.
The Arab masses did not regard independence as their goal and the end of their sacrifices, but as
a means to consolidate their struggle, and as an advanced phase in their continuing battle against
the forces of imperialism, Zionism, and exploitation under the leadership of their patriotic and
progressive forces in order to achieve the Arab nation's goals of unity, freedom, and socialism.
In the Syrian Arab region, the masses of our people continued their struggle after independence.
Through their progressive march they were able to achieve their big victory by setting off the
revolution of 8 March 1963 under the leadership of the Socialist Arab Baath Party, which has
made authority an instrument to serve the struggle for the construction of the United Socialist
Arab society.
The Socialist Arab Baath Party is the first movement in the Arab homeland which gives Arab
unity its sound revolutionary meaning, connects the nationalist with the socialist struggle, and
Foundation for Democratic Advancement |2011 FDA Electoral Fairness Audit of Syria Page 7

represents the Arab nation's will and aspirations for a future that will bind the Arab nation with
its glorious past and will enable it to carry out its role in achieving victory for the cause of
freedom of all the peoples.
Through the party's militant struggle, the 16 Nov 1970 corrective movement responded to our
people's demands and aspirations. This corrective movement was an important qualitative
development and a faithful reflection of the party's spirit, principles, and objectives. It created the
appropriate atmosphere for the fulfillment of a number of significant projects in the interest of
our large masses, primarily the emergence of the state of the Confederation of Arab Republics in
response to the call for unity, which figures prominently in the Arab conscience, which was
buttressed by the joint Arab struggle against imperialism and Zionism, regionalist disputes, and
separatist movements, and which was confirmed by the contemporary Arab revolution against
domination and exploitation.
Under the aegis of the corrective movement, an important stop was taken on the road leading to
the consolidation of national unity for our popular masses. Under the leadership of the socialist
Arab Baath Party, a national and progressive front with developed conceptions emerged in such a
manner as to meet our people's needs and interests and proceed toward unifying the instrument
of the Arab revolution in a unified political organization.
The completion of this Constitution crowns our people's struggle on the road of the principle of
popular democracy, is a clear guide for the people's march toward the future and a regulator of
the movement of the state and its various institutions, and is a source of its legislation.

Chapter One: Political Content of Media
Chapter one will focus on the research and audit results of Syrian laws and regulations with
respect to the political content of media, including newspapers, broadcasters and on-line media,
before, during and after elections.
Executive Summary:
Syria received a failing score of 0 percent for equality of political content. The score means that
the Syria is completely unfair in terms of the political content of media and broadcasters. The
Syrian state controls political content, and political content must conform to the principles and
goals of the 1963 Syrian revolution. The state imposes fines and imprisonment, and revokes
media licenses for violation of political content laws, and censors political content.
Research Excerpts:
The following excerpts were identified by the FDA researchers as relevant. The FDA researchers
made some excerpts bold to emphasize high relevance:
- The 2001 Publications Law stipulates imprisonment and financial penalties as
punishment for the publication of “inaccurate” information, particularly if it “causes
public unrest, disrupts international relations, violates the dignity of the state of national
unity, affects the morale of the armed force, or inflicts harm on the national economy and
the safety of the monetary system.” Prison terms range from 1 to 3 years and fines from
500,000 to 1 million Syrian pounds (US$10,000-20,000). The law also allows the
government to deny or revoke publishing licenses for reasons “related to the public
interest” (which is not clearly defined). It also requires that owners and editors-in-chief
of publications be Arab.
- The state does not permit “attacking the prestige of the state, publishing false
information, membership in a secret organization aimed at destabilizing the state and
fueling ethnic and racial tension.” Under articles 285, 286, 306, and 307 of the criminal
code, they face prison sentences of up to fifteen years.
- Amendments to the Publications Law impose strict punishments on reporters who
do not reveal their government sources in response to government requests.
- Vaguely worded articles of the Penal Code and Emergency Law give the
government large discretion in punishing those who express views or publish information
that “opposes the goals of the revolution” or tarnishes the image of the state.
- Anyone wishing to establish an independent paper or periodical must apply for a
license from the ministry of information.
- An amendment to the 2001 publications law issued in September permits the
establishment of privately owned radio stations.

- The Ministry of Information and the Ministry of Culture and National Guidance
censor domestic and imported foreign press. Censorship is usually stricter for material in
Arabic.
- Internet censorship in Syria is growing, with over one hundred websites blocked,
according to a Reporters without Borders statement on December 7, 2007. Banned
websites include YouTube, Amazon, Facebook, the Arabic electronic daily Elaph, and
various websites run by human rights groups and political organizations.
The state media now have greater freedom to address previously taboo subjects-religion, gender,
and the governing regime-although in circumspect terms and with limited criticism. The Syrian
government runs all Syrian television and radio stations and most newspaper publishing houses,
yet independent newspapers were permitted in 2001. Currently three weekly newspapers are
printed by private organizations.
Martial Order No. 3, such as Article 4A, continued to be used to justify the state’s control
over all newspapers, books, radio and television broadcasting, advertising, and visual arts
and to give the regime in power the right to confiscate and destroy work that it deems
threatening to the security of the state
Legislation
All broadcasting (radio and TV) generated within Syria is owned and operated by
the Syrian government. All broadcasting is, therefore, highly regulated and programmers
have no more freedom to publish dissenting or alternative points of view than do the
government run newspapers.
Decree 50 (2001)
Article 12(a) allows him to “refuse to grant a license for reasons he deems to be related to
public interest.” And, since Decree 50 does not define the term “public interest” he has
full discretion to grant or deny any application for a license.
Article 12 (b) requires that any publication seeking a license “must observe all
(the Prime Minister’s) instructions related to the preparation, specifications, editors,
correspondents and news agencies….”
Article 18 requires that the directors of publications must have university degrees
or to have practiced as journalists for over six years and Article 19 requires that chief
editors must have university degrees, practiced journalism for ten years, or served as
chief editors as of September 22, 2001. Article 20 requires that a publication obtain
approval from the Ministry of Information if it wishes to change the owner, director, or
chief editor.
Articles 27 and 28 require that all print and broadcast journalists, including researchers and
translators working in the media, must be members of the Ba’ath Party controlled Journalists
Union in order to obtain the required Ministry of Information press

cards. Article 28c permits the government to ask a journalist about the source of his
information that is “attributed by him to some responsible source…(and the Ministry of
Information) may withdraw a journalist's card in the event of his refusal to disclose that
source.” No Article defines the term “responsible source.”
Decree 50 and the banned or restricted content
Article 44d prohibits anyone who is not licensed as political publication from
publishing any “political” article whatsoever. For those publishers who are allowed to
publish articles with “political” content, Article 29 provides a list of topics that are
banned from publication. These include:
a) Articles and reports about national security, national unity, details of the
security and safety of the army, its movements, weapons, supplies, equipment and
camps, with the exception of information issued by the Ministry of Defense and
approved for publication
b) Information about the investigation and charges in misdemeanor and criminal
cases “prior to their being delivered by the court in an open session.”
c) Details of cases of libel, defamation, slander, or calumny.
d) Details of secret trials and hearings of cases dealing with divorce, separation,
hereditary disputes and those banned by courts, and reports made by forensic
doctors in crimes of immorality.
e) Confidential reports of the National Assembly
f) Books, correspondence, articles, reports, pictures and news affecting the right
to privacy 1951 media law prohibits any kind of private broadcasting by radio or by television.
The Directorate-General of Radio and Television is responsible for the oversight and production
of radio broadcasting.
Beginning in 1960 the Directorate-General of Radio and Television added "television" to its title
and became responsible for all aspects of broadcasting.
Electoral Fairness Audit Results for Media and Broadcasters:
Score:
The FDA electoral fairness audit team reached consensus on a score of 0/10
Rational for Score:
The political content of all media and broadcasters is controlled by the state, and the media and
broadcasters must conform to state ideology.
The state enforces control of the media and broadcasters through fines ranging from $10,000-
$20,000 USD and imprisonment up to 15 years.
The state controls the licensing of media and broadcast networks and journalists.

The state forbids private broadcasting by radio and television.
The state censors the internet for content that is contrary to the principles and goals of the 1963
revolution.
The score of 0 percent is based on there being no element of fairness and equity in the political
content of the media and broadcasters. When the political content must mirror state ideology,
severe fines and imprisonment are imposed on individuals, the media, and broadcasters for not
conforming to state ideology, and political content is censored, there is no element of equality in
the media.

Chapter Two: Candidates’ and Parties’ Influence
Chapter two will focus on the research and audit results of Syrian laws and regulations with
respect to the fairness of candidates and parties’influence before, during and after elections.
Executive Summary:
Syria received a score of 0 percent for equality of candidate and party influence. The score
means that there is complete unfairness in terms of candidate and party influence. Through the
Syrian Constitution, the Baath Party is guaranteed a majority of the National Assembly and the
presidency of the country. Moreover, political candidates and parties must conform to the state's
ideology and the principles and goals of the 1963 revolution. Also, the state controls political
content and imposes fines and imprisonment, and revokes political rights for violation of
political content laws.
Research Excerpts:
The draft law requires that new parties be “allied to, created by, or friends of the Baath” and that
party founders be over 35 years old, have no criminal record, and be proven supporters of the
Baathist March 8 Revolution. Political parties cannot be based on religious, sectarian, or tribal
identities and cannot have operated before 1963 (only the Baath Party, the Syrian Social
Nationalist Party, and the Communist Party are exempted from the last restriction). According to
the draft law, the decision to grant a new party a license will be made by a committee that
includes the head of the Shura Council, the ministers of justice and interior, the minister of state
for people's assembly affairs, and three independent judges. (Source: “Syria: Upcoming
Elections” (Feb 1, 2007) Arab Reform Bulletin, Carnegieendowment.org)
- President:
Serves a seven-year term. The presidential candidate is first nominated by the People’s
Assembly and then runs unopposed in a popular referendum rather than in competitive
elections. If the majority of voters fail to approve the candidate, the nomination process
is repeated in the People’s Assembly and a new referendum is held.
- Is elected by popular vote from 15 multi-seat constituencies to serve four-year terms. 167
of the 250 seats are guaranteed for members of the National Patriotic Front and 50
percent of the members must represent workers and peasants.
• The State of Emergency in force since 1963 severely restricts personal liberties. The
Emergency Law (Decree No. 5 of March 9, 1963) authorizes the prosecution of anyone
“opposing the goals of the revolution,” “shaking the confidence of the masses in the aims
of the revolution,” or attempting to “change the economic or social structure of the state.”
The government justifies the emergency law by alluding to the state of war with Israel
and past threats from terrorist groups.

• The 1963 Emergency Law authorizes the government to conduct preventive arrests and
overrides Constitutional and Penal Code provisions against arbitrary arrest and detention,
including the need to obtain warrants. The security services have virtually unlimited
authority to arrest suspects and hold them incommunicado for prolonged periods without
charge.
• The Kurdish minority faces political restrictions. Two hundred thousand Syrian Kurds
are deprived of citizenship and are unable to obtain passports, identity cards, or birth
certificates. This prevents them from owning land, obtaining government employment,
and voting. The government's discrimination against the Kurdish minority resulted in a
series of riots in March 2004. During the riots, which started in the Hassakeh province
and then spread to other parts of the country, more than 40 persons were reportedly killed
by security forces and more than 1000 arrested.
- Article 8 of the constitution declares the Baath party the ruling party of the state
and society.
- Political parties are required to support the principles of the revolution: socialism
and Arab nationalism.
- All officially registered political parties must be members of the National
Progressive Front, which is currently made up of ten member parties.
- The 1973 Electoral Law (Arabic Text) states that at least half the People’s
Assembly members must be workers or peasants. Candidates must run as independents or
as members of a party affiliated with the National Progressive Front.
- In February 2001, the ministry of social affairs announced that political forums and
discussion groups that had formed in the preceding months in the more open atmosphere
of the “Damascus Spring” (a period of political opening which started after the death of
President Hafez al-Asad in June 2000) could not meet without its permission, which
would only be granted if specific information on the meeting’s location and attendants
was provided.
-
- The government requires permits for all meetings by religious groups, except for
worship. It also monitors their fund raising activities.
The state does not permit “attacking the prestige of the state, publishing false information,
membership in a secret organization aimed at destabilizing the state and fueling ethnic and racial
tension.” Under articles 285, 286, 306, and 307 of the criminal code, they face prison sentences
of up to fifteen years.
The government bans access to Kurdish websites, foreign-based websites of unlicensed
opposition parties, and news websites critical of the government. The government has increased
prosecutions against journalists using the Internet.
• In 1972, the National Progressive Front (NPF) (al-Jabha al-Wataniya al-Taqadumiya) was
established as the umbrella for legal political parties. It encompasses the Baath Party and
eight (increased from the original six) allied parties, giving the appearance of a multi-

party system. The Baath Party dominates the NPF. Non-Baath parties included in the
NPF represent small political groupings of a few hundred members each and conform
strictly to Baath Party and government policies. Chaired by the president of the republic,
the NPF approves the states’ five-year plans, discusses economic policy, and determines
the government’s general policy orientation. The Front is guaranteed 167 seats in the
People’s Assembly. It includes:
- Following the June 2005 Baath party congress, the Syrian Social National Party
(al-Hizb al-Qawmi al-Ishtiraki al-Suri), banned since 1955, was licensed without being
required to join the NPF. It is led by Jubran Urayji.
Results of presidential referendum on May 27, 2007:
- According to results released by the Interior Ministry, Bashar al-Asad obtained 97.6% of
the vote in the referendum and over 95% of eligible voters turned out to the polling
booths.
Bashar al-Asad obtained 97.29% of the vote in the July 10, 2000 referendum.
Results of elections for the People’s Assembly on April 22-23, 2007:
- Nationalist Progressive Front (NPF) candidates won the majority of seats in
parliamentary elections on, an expected result as two-thirds of the 250 seats are
automatically allocated to the NPF. The Baath party won 134 seats and other NPF
members won 36 seats.
- Independent candidates, who have been allowed to run for parliament since 1990,
competed for the remaining 80 seats.
- Syrian opposition groups boycotted the elections, saying that the few changes to the
electoral process fell far short of their longstanding demands. Led by the Syrian
Democratic Coalition (SDC) and the Damascus Declaration bloc—an alliance of sixteen
political parties—the opposition says it has a national project for democratic and peaceful
change, including a new electoral law and the establishment of political parties.
The most recent Constitutional amendment was adopted in 2000, when Article 83
was modified to decrease the minimum age required to become president from 40 to
34, thus allowing Bashar al-Asad to become president after his father’s death.
The Private Associations and Institutions Act No. 93 of 1958 regulates the act of association.
Any meeting, with the exception of religious services, must be registered with the ministry of
interior in advance. Permission is often denied and that denial is justified in the Institutions Act
by a prohibition against any meeting for which the purpose is "to prejudice the integrity or form
of the republican government."
Article 24 gave the right to the administrative units to determine special places for hanging the
posters, statements and election bulleting. Posters are not allowed to be hung on the walls of the
public or private buildings and outside the places designated for them. It is also prohibited to

write the names of the candidates or any other election campaigns on these walls.
Election meetings will be allowed to be held during the period of the election publicity in
accordance with the laws and regulations in force and the instructions that are issued by the
Minister of Interior.
As for those who violate the provisions of Paragraph B of Article 24, the law imposes on the
contravener a financial fine amounting to a dozen times the value of the excess spending on the
publicity and the value of this fine shall go to the general budget of the State,
Article 24 of the General Election Law:
The candidate should stop his election campaign 48 hours before the time due for the polling.
The candidate shall have the right to release bulletins announcing his nomination and indicating
his plans and goals and everything that is related to his platform after he receives the final
notification that includes the approval of his nomination, provided that this platform is signed by
him and that he should submit three copies of the bulletins and statements to the governor.
The candidate should fix the ceiling of financial spending on the election publicity at 3 million
Syrian Liras.
The candidate should appoint a financial officer within three days from receiving the final
notification of the acceptance of his candidacy. The financial officer shall be vested with the
power of financial spending on the publicity. The central committee of the constituency shall be
notified with the name of this financial officer.
The financial officer should not serve in this capacity for more than one candidate. At the end of
his assignment, he should submit a statement of account and a report on his work to the central
committee of the electoral constituency. He should give a copy of the statement of account and
the report to the candidate. The committee shall undertake the work of auditing the financial
statement and the report submitted. If the committee finds out that a winning candidate has
violated the provisions of Paragraph B of Article 24 pertaining to the ceiling of financial
spending, it ay submit an appeal contesting his nomination to the president of the supreme
constitutional court which may apply the provisions of the Third Chapter of Law no. 19 of 1973.
Articles 27 and 28 require that all print and broadcast journalists, including
researchers and translators working in the media, must be members of the Ba’ath Party
controlled Journalists Union in order to obtain the required Ministry of Information press
cards. Article 28c permits the government to ask a journalist about the source of his
information that is “attributed by him to some responsible source…(and the Ministry of
Information) may withdraw a journalist's card in the event of his refusal to disclose that
source.” No Article defines the term “responsible source.”

Syrian Constitution:
Article 4 - deprived of the right to vote:
A - who are in custody for stone
B - mentally ill for their illness.
C - the arbitrators in accordance with articles 63 and 65 and 66 of the Penal Code or an offense
outrageous.
Chapter VI - election campaigns
Article 24
A - of the candidate after the receipt of the final link to broadcast bulletins to declare his
candidacy and the statement of his plan and goals and everything related to its work program, to
be signed by him, and to submit three copies of these releases and statements to the Governor.
T - stop campaigning before the forty-eight hours from the date set for election
C - determine the Damascus governorate and municipal special places to paste images, data and
electoral leaflets and prevent the paste on the walls of public buildings and private, and also to
prevent writing the names of any candidates or electoral propaganda on the walls under the
sanctions stipulated in this Legislative Decree.
Article 25 - allowed during the election campaign to hold election meetings in accordance with
applicable laws and regulations and instructions issued by the Minister.
Article 51 - shall be punished by imprisonment from ten days to a month of each of the pastes
data, photographs and pamphlets on the election outside the places allocated to them. And the
penalty is doubled if the adhesive on the walls of public buildings and memorials and
monuments and cemeteries and buildings intended for worship.
And the punishment shall be imprisonment from two months to one year if the declaration by
writing on the walls.
Number of Members: 250 Member
127
Category of workers and
peasants
123 Other categories of people
Women: 32 Member
21
Category of workers and
peasants
11 Other categories of people
Number of new
members:
170 Member of
Number of members
from previous roles:
80 Member of

The number of members by occupation:
40 A member of Jurists
19 A member of the doctors
36 A member of Engineers
4 Members of the traders
4 Members of the industrial
The number of members by age:
29
Member between 30-40
years
83
years
81
years
46
years
11
A member of 70 years and
above
Number of members by political affiliation:
134
A member of the Baath
Arab Socialist Party
36 Members of other parties
80
A member of the
independent
[134 Assembly seats guaranteed for the Baath Arab Socialist Party; governments determines
distribution of Assembly in terms of age, gender, and occupation.]
Article X
People's councils democratically elected institutions through which citizens exercise their rights
in the State administration and the leadership of the community.
Article Eighty-fourth
1 - issue nomination for the Presidency of the People's Assembly on the proposal of the national
leadership of the Baath Arab Socialist Party and displays the nomination to the citizens for their
referendum in it.
2 - the referendum takes place at the invitation of the President of the People's Assembly.
3 - new president is elected before the expiry of the mandate of the incumbent president in a
period of not less than one month and not more than six months .(**)
4 - the candidate becomes President of the Republic of winning an absolute majority of the total
votes of the voters did not receive a majority of the Council nominated and the other track on the
nomination and election of the same procedures to be done within one month from the date of

announcing the results of the first referendum.
_________________
* Modified by the Law No. 9 Date 06/11/2000.
** Modified by Law No. 18 of 07.03.1991.
Martial Order No. 3, such as Article 4A, continued to be used to justify the state’s control
over all newspapers, books, radio and television broadcasting, advertising, and visual arts
and to give the regime in power the right to confiscate and destroy work that it deems
threatening to the security of the state
Legislation
All broadcasting (radio and TV) generated within Syria is owned and operated by
the Syrian government. All broadcasting is, therefore, highly regulated and programmers
have no more freedom to publish dissenting or alternative points of view than do the
government run newspapers.
Decree 50 (2001)
Article 12(a) allows him to “refuse to grant a license for reasons he deems to be related to
public interest.” And, since Decree 50 does not define the term “public interest” he has
full discretion to grant or deny any application for a license.
Article 12 (b) requires that any publication seeking a license “must observe all
(the Prime Minister’s) instructions related to the preparation, specifications, editors,
correspondents and news agencies….”
Article 18 requires that the directors of publications must have university degrees
or to have practiced as journalists for over six years and Article 19 requires that chief
editors must have university degrees, practiced journalism for ten years, or served as
chief editors as of September 22, 2001. Article 20 requires that a publication obtain
approval from the Ministry of Information if it wishes to change the owner, director, or
chief editor.
3) Decree 50 and the banned or restricted content
Article 44d prohibits anyone who is not licensed as political publication from publishing any
“political” article whatsoever. For those publishers who are allowed to publish articles with
“political” content, Article 29 provides a list of topics that are banned from publication. These
include:
a) Articles and reports about national security, national unity, details of the
security and safety of the army, its movements, weapons, supplies, equipment and
camps, with the exception of information issued by the Ministry of Defense and
approved for publication
b) Information about the investigation and charges in misdemeanor and criminal
cases “prior to their being delivered by the court in an open session.”
c) Details of cases of libel, defamation, slander, or calumny.
d) Details of secret trials and hearings of cases dealing with divorce, separation,
hereditary disputes and those banned by courts, and reports made by forensic

doctors in crimes of immorality.
e) Confidential reports of the National Assembly
f) Books, correspondence, articles, reports, pictures and news affecting the right
to privacy
Electoral Fairness Audit Results for Equality of Candidates and Parties:
Score:
The FDA electoral fairness audit team reached consensus on a score of 0/10.
Rational for Score:
Though the Syrian National Assembly is based on a diversity of political representatives, the
Assembly is dominated by the Baath Arab Socialist Party.
The Baath Arab Socialist Party is guaranteed the majority of the National Assembly and the
presidency of the country.
The state controls political expression and association. Political candidates and parties must
conform to the principles and goals of the 1963 revolution. Severe fines and imprisonment up to
15 years are imposed anyone who acts against the principles and goals of the 1963 revolution.
The Kurdish minority is denied political expression, association, and representation.
The state controls the media and broadcast networks. Political content must conform to the
principles and goals of the 1963 revolution.
The score of 0 percent is based on there being no element of fairness in the Syrian electoral
process. When a party is guaranteed a majority of the Assembly and the presidency of the
country, any electoral fairness is canceled out.

Chapter Three: Electoral Finance
Chapter three will focus on the research and audit results of Syrian laws and regulations with
respect to the fairness of Syrian laws and regulations with respect to electoral finance.
Executive Summary:
Syria received a failing score of 0 percent for equality of electoral finance laws. The score means
that there is complete unfairness in terms of Syria's electoral finance laws. Though as of 2007,
there are spending limits on electoral propaganda, the spending limits are canceled out by the
state control of politics including political content, in which the Baath Party is guaranteed a
majority of the National Assembly and the presidency of the country. Campaign spending limits
are inconsequential when there are completely unfair elections.
Research Excerpts:
Amendment to the 1973 electoral law that includes strict regulations on campaign financing:
The new law prohibits candidates from providing “services and financial assistance” prior to
elections, limits campaign spending to 3 million Syrian pounds (US$57,466), and obligates
candidates to use an accountant to supervise expenditures during the election campaigns.
(Source: “Syria: Upcoming Elections” (Feb 1, 2007) Arab Reform Bulletin,
Carnegieendowment.org)
A Damascus court charged ten members of the Damascus Declaration for Democratic National
Change opposition coalition on January 28, 2008 with “attacking the prestige of the state,
publishing false information, membership in a secret organization aimed at destabilizing the state
and fuelling ethnic and racial tension.” Under articles 285, 286, 306, and 307 of the criminal
code, they face prison sentences of up to fifteen years.
- A January 2007 presidential degree (Arabic text) introduced several procedural changes
to the election process. It stipulates that transparent ballot boxes be used in elections and
caps campaign spending at three million Syrian Lira (US $60,000) per candidate.

Electoral Fairness Audit Results for Syrian Election Finance:
Score:
Rational for Score:
Though there are electoral spending limits, these limits are canceled out by the Baath Party’s
guaranteed majority of the National Assembly and presidency of the country. Also, the state
restricts how electoral campaign monies can be spent on.
The score of 0 percent is based on there being no element of fairness in the Syrian electoral
process. When a party is guaranteed a majority of the Assembly and the presidency, any electoral
fairness is canceled out.

Chapter Four: Voter Say
Chapter four will focus on the research and audit results of Syrian laws and regulations with
respect to the fairness of voter say laws and regulations before, during and after an election.
Executive Summary:
Syria received a failing score of 0 percent for equality of voter say. The score means that there is
complete inequality in voter say. The state controls all forms of media and censors the internet,
and political expression must conform to the principles and goals of the 1963 revolution. Also,
the Baath Party has a guaranteed majority of the National Assembly and the presidency of the
country. Syrian voters who are opposed to the Baath Party are restricted severely in their say.
Research Excerpts:
• The constitution stipulates that citizens are equal before the law, and various articles of
the penal code prescribe penalties for discrimination.
• The constitution guarantees freedom of speech and expression; the right to “participate in
supervision and constructive criticism in a manner that safeguards the soundness of the
domestic and nationalist structure and strengthens the socialist system.”
• The constitution guarantees the right of citizens to meet and demonstrate peacefully in
accordance with the law. In practice, only the government, the Baath Party, or groups
linked to them are allowed to organize demonstrations.
• The constitution guarantees the freedom to practice any religion, provided this does not
disturb the public order. There is no official state religion, but the constitution requires
that the president of the republic be a Muslim.
• The State of Emergency in force since 1963 severely restricts personal liberties. The
Emergency Law (Decree No. 5 of March 9, 1963) authorizes the prosecution of anyone
“opposing the goals of the revolution,” “shaking the confidence of the masses in the aims
of the revolution,” or attempting to “change the economic or social structure of the state.”
The government justifies the emergency law by alluding to the state of war with Israel
and past threats from terrorist groups.
• The 1963 Emergency Law authorizes the government to conduct preventive arrests and
overrides Constitutional and Penal Code provisions against arbitrary arrest and detention,
including the need to obtain warrants. The security services have virtually unlimited
authority to arrest suspects and hold them incommunicado for prolonged periods without
charge.

• The Kurdish minority faces political restrictions. Two hundred thousand Syrian Kurds
are deprived of citizenship and are unable to obtain passports, identity cards, or birth
certificates. This prevents them from owning land, obtaining government employment,
and voting. The government's discrimination against the Kurdish minority resulted in a
series of riots in March 2004. During the riots, which started in the Hassakeh province
and then spread to other parts of the country, more than 40 persons were reportedly killed
by security forces and more than 1000 arrested.
•
The government bans access to Kurdish websites, foreign-based websites of unlicensed
opposition parties, and news websites critical of the government. The government has increased
prosecutions against journalists using the Internet.
- Internet censorship in Syria is growing, with over one hundred websites blocked,
according to a Reporters without Borders statement on December 7, 2007. Banned
websites include YouTube, Amazon, Facebook, the Arabic electronic daily Elaph, and
various websites run by human rights groups and political organizations.
The Private Associations and Institutions Act No. 93 of 1958 regulates the act of association.
Any meeting, with the exception of religious services, must be registered with the ministry of
interior in advance. Permission is often denied and that denial is justified in the Institutions Act
by a prohibition against any meeting for which the purpose is "to prejudice the integrity or form
of the republican government."
Part IV: General and Transitional Provisions
Introduction:
“and the country's freedom is not safeguarded only free citizens would not be complete freedom
of the citizen”
“achieve the objectives of the Arab nation in unity, freedom and socialism.” Article 7
Article XXV
1 - Freedom is a sacred right and the State shall guarantee the personal freedom of citizens and
maintain their dignity and security.
2 - the rule of law is a fundamental principle in society and the state.
3 - All citizens are equal before the law in rights and duties.
4 - The State shall guarantee the principle of equal opportunities among citizens.
Article Twenty-sixth
Every citizen has the right to participate in the political, economic, social, cultural and regulated
by law.
[Law trumps individual freedoms]
Article Twenty-eighth
1 - every defendant is presumed innocent until convicted by a final judicial decision.
2 - may not investigate one or detained except in accordance with the law.
3 - No one may be tortured physically or mentally or degrading treatment and punishment of the
law determines to do so.

4 - the right to conduct litigation and remedies, and defense before the judiciary is safeguarded
by law.
Internet laws:
One of the main network services management top-level domain name of the Syrian on the
Internet, and the granting of licenses to interested parties in the registration of names under this
domain.
The government is the only Internet Service Provider (ISP) in the country servicing 20,000 users
as of 2000. There is estimated to be several thousand other Internet users connecting via ISPs in
Jordan and Lebanon in order to avoid Syrian censorship regulations. Sites about Israel, sexual
matters, human rights abuses in Syria, free e-mail sites, and some newspapers are routinely
blocked by the government. New law calls for mandatory licensing for websites, with no right to
appeal against refusals, and strict advertising rules. Punishments could include three-year prison
sentences and prohibitively heavy fines – up to US$20,000 (Dh73,456).
Electoral Fairness Audit Results for Equality of Voter Say:
Score:
Rational for Score:
The state restricts freedom of expression and association by prosecuting anyone who acts
contrary to the principles and goals of the 1963 revolution.
The Baath Party is guaranteed a majority of the National Assembly and the presidency of the
country.
Political content of anyone in Syria must conform to the state’s ideology.
The state censor's political content on the internet which is counter to the state's ideology.
The state restricts the Kurdish minority’s freedom of expression, association, and political
representation.
The state imposes severe fines and lengthy imprisonment for citizens and organizations acting
contrary to the principles and goals of the 1963 revolution.
Voters who conform to state ideology have significantly more say than voters who do not.
The score of 0 percent is based on there being no element of equality of voter say. Syrian voter
say is completely biased to voters who conform to state ideology.

Chapter Five: Audit Results
Chapter five will set out the FDA’s scores for each of the areas of the Syrian electoral system as
set out above.
1. Research and audit results for Syrian laws and regulations on the political content of media
including newspapers, broadcasters, online media, before, during, and after elections.
0/10
2. Research and audit results for Syrian Laws and regulations on the equality of candidates and
parties influence before, during and after elections.
0/10
3. Research and audit results for Syrian laws and regulations on electoral finance.
0/10
4. Research and audit results for laws and regulations on the equality of voter say before, during,
and after an election.
0/10
Total score: 0/40
0 percent

Chapter Six: Analysis
Chapter six will provide a brief analysis of the FDA’s findings.
The Syrian overall electoral fairness score of 0 percent means that there is complete electoral
unfairness in Syria, and any elements of electoral fairness are trumped by overall electoral
unfairness.
The FDA's total 0 percent score for Syria is the same as the FDA's total score for Egypt (under
Mubarak).
Syria’s electoral and constitutional laws and regulations, which are the foundation for
democracy, are completely undemocratic.

Chapter Seven: Conclusion
Chapter seven will provide a summary of the FDA’s findings.
With an overall score of 0 percent, Syria needs significant improvement in all facets of electoral
fairness.
Syria is devoid of a foundation for democracy based on the concepts of political equality,
electoral fairness, and liberty.
The Syrian political system, through the government’s near complete control of society, is set up
almost perfectly to protect the principles and goals of the 1963 revolution.

Chapter Eight: Recommendations
Chapter eight will set out the FDA’s recommendations on how Syria can improve its electoral
fairness score and thereby its electoral fairness.
1) The Syrian government and its people need to decide whether or not adherence to the
principles and goals of the 1963 revolution and the corresponding authoritarian system are in the
better interests of the country as compared to adherence to the principles of political equality,
electoral fairness, and liberty, and the corresponding pure democratic system.
2) The Syrian government and its people need to question whether or not their interests are being
advanced through adherence to the principles and goals of the 1963 revolution, and whether or
not their interests would be more advanced through adherence to the principles of pure
democracy.
The FDA believes that electoral fairness is at the heart of pure democracy. The more fair
electorally a country is, the more democratic the country will be.
Therefore, the FDA believes that by establishing electoral fairness, pure democracy in Syria will
be developed which in turn will improve the status of the Syrian people as a whole.
The status of the Syrian people will be improved through a united and free country, supported by
the pillars of electoral fairness, political equality, and liberty.

References:
The following information was consulted and utilized in this audit report:
1973 Syrian Election Law
Arab Election Watch: Syria
Constitution of the Syrian Arab Republic and its amendments
Legislative Decree No. 24 of date 02/10/1981
Middle Eastern Online: Syria
PressReference: Syria
Syrian Act No. 18 Date 3/7/1991
Syrian Decree 50 (2001) Legalization of Private Media
Syrian Law 2 Date 3/29/1980
Syrian Law No. 9 Date 11/06/2000
“Syria: Upcoming Elections” (Feb 1, 2007) Arab Reform Bulletin, Carnegieendowment.org

Appendix
FDA Global Audit Results as of September 9, 2011:

0% 20% 40% 60% 80% 100%
France
Venezuela
Bolivia
Norway
New Zealand
Finland
Lebanon
Iraq
Denmark
Russia
Sweden
Argentina
United States
Canada
Azerbaijan
Mexico
Tunisia
Cameroon
Yemen
Bahrain
Egypt
Iran
Libya
Saudi Arabia
Syria
Overall Electoral Fairness Audit Scores
<-- failing range|passing range -->
FDA Global Electoral Fairness Audit Results
©2011 Foundation for Democratic Advancement

0% 20% 40% 60% 80% 100%
Russia
Venezuela
France
Bolivia
Norway
Lebanon
Iraq
Azerbaijan
Denmark
Finland
Sweden
United States
Canada
Argentina
Tunisia
New Zealand
Yemen
Bahrain
Cameroon
Egypt
Iran
Libya
Mexico
Saudi Arabia
Syria
Laws and regulations on the equality of political content of the media and
broadcasters before, during, and after an election
<-- failing range | passing range -->

0% 20% 40% 60% 80% 100%
France
Venezuela
New Zealand
Bolivia
Norway
Finland
Lebanon
Sweden
United States
Iraq
Azerbaijan
Argentina
Denmark
Russia
Canada
Mexico
Bahrian
Cameroon
Egypt
Iran
Libya
Saudi Arabia
Syria
Tunisia
Yemen
Laws and regulations on the equality of candidate and political party influence
before, during, and after an election

0% 20% 40% 60% 80% 100%
France
Venezuela
Bolivia
New Zealand
Finland
Norway
Argentina
Denmark
Lebanon
Sweden
Tunisia
Azerbaijan
Cameroon
Canada
Mexico
United States
Bahrain
Egypt
Iran
Iraq
Libya
Russia
Saudi Arabia
Syria
Yemen
Laws and regulations on the equality of electoral (campaign) finance

0% 20% 40% 60% 80% 100%
France
Bolivia
Venezuela
Argentina
Iraq
Mexico
Canada
Denmark
Finland
New Zealand
United States
Sweden
Lebanon
Norway
Russia
Azerbaijan
Bahrain
Cameroon
Egypt
Iran
Libya
Saudi Arabia
Syria
Tunisia
Yemen
Laws and regulations on the equality of voter influence before, during, and
after an election

Syria--2011 FDA Global Electoral Fairness Audit Report

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Syria--2011 FDA Global Electoral Fairness Audit Report