Bashar al-Assad’s recent amnesty decree is the 24th of its kind. Like all previous ones, it gives no guarantee for safe return to Syrians.
Since the outbreak of the Syrian revolution in 2011, Syria has faced in continuous political and humanitarian crises. Over the years, it has become evident that Bashar al-Assad’s regime has no intention to alter its approach or engage in a political process that leads to a comprehensive and sustainable resolution.
One of its primary tools for manipulating the political landscape has been the issuance of decrees granting amnesty to political prisoners and men of conscription age who have avoided forced military service. It presents these decrees as reconciliatory steps but this is far from the truth.
Legislative Decree 27, issued on September 22 is the 24th such order since the onset of the Syrian Revolution and reflects the regime’s ongoing strategy of evasion of political pressure and procrastination on making substantial political concessions to achieve a political solution.
Al-Assad utilises these decrees as a means to deceive the international community that he is making an effort towards stability and reconciliation.
But a close examination of these decrees reveals that they leave considerable room for security agencies to manipulate the fates of individuals who are purportedly covered by the amnesty. While the decrees specify amnesty for certain offences, charges fabricated by the regime against political opponents, such as “terrorism” and “high treason”, remain excluded. This effectively means that the majority of political detainees and activists remain outside the scope of these decrees, rendering them ineffective in providing a safe environment for the return of refugees.
A fundamental issue plaguing these decrees is the lack of independent judicial oversight. Security agencies wield absolute discretion in determining who benefits from the amnesty, creating an environment ripe for severe human rights violations. Rather than serving as a means to achieve justice, these decrees function as tools for extortion and entrapment of dissidents who may believe that the regime is earnest in these so-called reconciliatory efforts. In the past, many returnees have faced arrest, torture, or even assassination upon their return to regime-controlled areas.
Damascus has repeatedly proven it is unwilling to engage in a genuine political process. Conversely, it prefers to manipulate legal and political instruments to delay any real solution while continuing to reinforce its authority through military might and external support. United Nations resolutions, such as UN Security Council Resolution 2254, which calls for a ceasefire and the initiation of a political transition, remain mere words on paper for the regime. It refuses to commit to any process that leads to a transition of power and dismisses any structural changes in the state apparatus, particularly after losing substantial sovereignty to its foreign allies.
In light of this, the international community must recognise that these amnesty decrees are desperate attempts by al-Assad to evade the requirements of a political solution. Continuing to grant his regime additional opportunities to change its behaviour is a waste of time and exacerbates the suffering of the Syrian people.
The international community must adopt a firmer stance and condition any engagement with Damascus on tangible progress in the political process, including the commencement of a political transition that guarantees the rights of all Syrians and ensures justice and accountability.
Syria cannot emerge from the cycle of war and suffering without a comprehensive political solution based on UN resolutions. This political transition must encompass the formation of a transitional governing body with full executive powers, capable of representing all components of the Syrian population and conducting free and fair elections under UN supervision. Absent these measures, Syria will remain mired in chaos, and the regime will continue to employ legal and political instruments to manipulate the fate of the Syrian people.
The Syrian people, who have fought for years for their fundamental rights to freedom, dignity, and justice, will not accept partial solutions or compromises. What is required is a genuine political process that ends the suffering of millions of Syrians both within the country and abroad, and puts an end to the regime’s systematic policies of repression, arbitrary detention, and torture. The longer the political solution is delayed, the more acute the humanitarian crises become.
Ultimately, a political solution remains the sole path to restoring peace in Syria and ensuring its stability. The regime cannot continue to rely on amnesty decrees to postpone its inevitable downfall, nor can the international community remain silent in the face of these desperate attempts. All relevant parties, both local and international, must assume their responsibilities and earnestly work towards achieving a just and sustainable political resolution that guarantees the rights of all Syrians and rebuilds the state on democratic foundations.
The views expressed in this article are the author’s own and do not necessarily reflect Al Jazeera’s editorial stance.
