Syria

The Syrian Arab Republic is a multi-ethnic nation (predominantly Arabs, Kurds, Circassians, Chechens, and Turkomans), which was around 75% Sunni, 10% Shia, and the remainder mainly a mix of other Muslim, Christian and other religious groups.[ref]https://worldpopulationreview.com/countries/syria-population[/ref] Many of these groups have been disrupted and displaced in conflict in recent years.

The country is in the throes of a civil war, which is in its 10th year. The civil war began as a secular and nonviolent pro-democracy protest against the government. President Bashar al-Assad responded to the protests with extreme violence, which caused members of the military to defect and form the Free Syria Army. Assad’s government committed numerous atrocities against Syrian civilians during the civil war. Amid reports of massacres, indiscriminate violence and the use of chemical weapons in populated areas, Assad has maintained the assertion that his government is engaged in fighting terrorists rather than peaceful civilian protesters[ref]https://www.armscontrol.org/factsheets/Timeline-of-Syrian-Chemical-Weapons-Activity; https://www.britannica.com/event/Syrian-Civil-War[/ref]. Assadist policy was designed to provoke sectarian breakdown in Syria. For months, Assad pursued an “undeclared non-aggression pact” with Islamic State of Iraq and Syria (“ISIS”), with the aim of scaring minorities and secularists into loyalty and convincing foreign powers that his dictatorship was an essential solution to problems of extremism it had itself manufactured[ref]R. Yassin-Kassab and L. Al-Shami, Burning Country: Syrians in Revolution and War (Pluto Press, 2016), Ch. 6. [/ref]. This strategy proved to be an effective one.

According to the UNHCR, around 5.6 million Syrians have fled the country since 2011, and 6.6 million have been internally displaced[ref]https://www.unhcr.org/uk/syria-emergency.html[/ref]. The government’s war crimes, including unlawful killings, persistent attacks on civilians and civilian infrastructure, enforced disappearances, torture, and arbitrary detention, all disproportionately punished civilians, the majority of whom are Sunni Muslims[ref]https://www.state.gov/wp-content/uploads/2020/05/SYRIA-2019-INTERNATIONAL-RELIGIOUS-FREEDOM-REPORT.pdf[/ref]. In the wake of the mass displacement of large numbers of people, the Assad regime is attempting to forcefully engineer demographic changes to cement his hold on power. Several decrees passed by the government prevent displaced residents and refugees from returning to their homes, including by handing their properties over to regime loyalists[ref]https://cgpolicy.org/articles/demographic-engineering-in-syria-sets-the-stage-for-future-conflicts/[/ref].

To date, Assad’s regime has managed to recapture most of Syria’s largest cities, although significant territory remains in the hands of opposition fighters as well as an alliance of Kurdish and Arab militias, the Syrian Democratic Forces (now under attack from Turkey).[ref]https://www.bbc.co.uk/news/world-middle-east-49973218[/ref]

Even the limited freedoms granted by its Constitution are therefore being violated on a massive scale.

Use of Conscientious Objection clauses resulting in the denial of lawful services to women and LGBTI+ people
Religious or ideological instruction is mandatory in all or most state-funded schools with no secular or humanist alternative
Insufficient information or detail not included in this report
Insufficient information or detail not included in this report

Countries: Kazakhstan

The state is secular, with separation of religious and political authorities, not discriminating against any religion or belief
Insufficient information or detail not included in this report
No fundamental restrictions on freedom of expression or advocacy of humanist values
Insufficient information or detail not included in this report

Countries: no countries relate to this boundary condition

No condition holds in this strand
No condition holds in this strand

Countries: Andorra

No condition holds in this strand
Religious courts or tribunals rule directly on some family or ‘moral’ matters; it is legally an opt-in system, but the possibility of social coercion is very clear
No condition holds in this strand

Countries: no countries relate to this boundary condition

Localised or infrequent but recurring and widespread social marginalisation or prejudice against the non-religious

This condition is unusual in that it is applied in cases where there is some social discrimination, but it is not pervasive or nationwide. This condition is applied when there is sufficient background evidence to warrant the assertion that discrimination is not anomalous but widespread, and this condition may be applied for example even where if there is no legislative discrimination or where the non-religious may have legal recourse against such discrimination. However, societal discrimination (i.e. discrimination by peers, as opposed to state or legal discrimination) is not easily measured, and for this reason the Report does not currently have similar more severe boundary conditions to capture higher levels of social discrimination per se. In principle these may be introduced in future. However, we consider that countries with actual higher levels of social discrimination against the non-religious will generally already meet other higher level (more severe) boundary conditions under this thematic strand.

The dominant influence of religion in public life undermines the right to equality and/or non-discrimination

Applied when the influence of religion on public life undermines others’ rights, such as SRHR, women’s rights, LGBTI+ rights.

May be applied when the influence is overt (i.e. when religious laws are applied to undermine others’ rights) or covert (i.e. where religious pressure groups exert influence to affect policy)

The non-religious are persecuted socially or there are prohibitive social taboos against atheism, humanism or secularism
Complete tyranny precludes all freedoms of expression and thought, religion or belief

Applied when overriding acts of oppression by the State are extreme, to the extent that the question of freedom of thought and expression is almost redundant, because all human rights and freedoms are quashed by authorities.

Countries: North Korea

Expression of core Humanist principles on democracy, freedom and human rights is brutally repressed
Expression of non-religious views is severely persecuted, or is rendered almost impossible by severe social stigma, or is highly likely to be met with hatred or violence
There is significant social marginalisation of the non-religious or stigma associated with expressing atheism, humanism or secularism
Religious or ideological indoctrination is utterly pervasive in schools
There is a nominal state church with few privileges or progress is being made toward disestablishment

Countries: Bulgaria, Norway, Peru, Rwanda

The non-religious are barred from some government offices (including posts reserved for particular religions or sects)
‘Apostasy’ is outlawed and punishable with a prison sentence

Countries: Bahrain, Comoros, Jordan, Kuwait

‘Apostasy’ or conversion from a specific religion is outlawed and punishable by death
Some religious courts rule in civil or family matters on a coercive or discriminatory basis
Religious authorities have supreme authority over the state

Countries: Iran

State legislation is partly derived from religious law or by religious authorities
Preferential treatment is given to a religion or religion in general

This condition is applied where there are miscellaneous indicators that organs of the state offer various forms of support for a religion, or to religion in general over non-religious worldviews, suggesting a preference for those beliefs, or that the organs of that religion are privileged.

There is a pattern of impunity or collusion in violence by non-state actors against the nonreligious
State-funded schools provide religious education which may be nominally comprehensive but is substantively biased or borderline confessional
Religious or ideological instruction in a significant number of schools is of a coercive fundamentalist or extremist variety

This condition highlights countries where schools subject children to fundamentalist religious instruction with no real opportunity to question fundamentalist tenets, or where lessons routinely encourage hatred (for example religious or ethnic hatred). The wording “significant number of schools” is not given a rigid quantification (sometimes the worst-offending schools are unregistered, illegal, or otherwise uncounted); however the condition is not applied in cases where only a small number of schools meet the description and may be anomalous, as opposed to being indicative of a widespread problem.

State legislation is largely or entirely derived from religious law or by religious authorities
Anomalous discrimination by local or provincial authorities, or overseas territories
Religious or ideological instruction is mandatory in at least some public schools (without secular or humanist alternatives)
‘Blasphemy’ or criticism of religion is outlawed and punishable by death
Government figures or state agencies openly marginalize, harass, or incite hatred or violence against the non-religious
Government authorities push a socially conservative, religiously or ideologically inspired agenda, without regard to the rights of those with progressive views
It is illegal to advocate secularism or church-state separation, or such advocacy is suppressed
Prohibitive interreligious social control (including interreligious marriage bans)
Quasi-divine veneration of a ruling elite is enforced, or a single-party regime holds uncontested power, subject to severe punishment
Legal or constitutional provisions exclude non-religious views from freedom of belief
It is illegal to register an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization, or such groups are persecuted by authorities
There is a religious tax or tithing which is compulsory, or which is state-administered and discriminates by precluding non-religious groups
The non-religious are barred from holding government office
Some concerns about children's right to specifically religious freedom

This condition may apply if specifically religious education, religious materials, or specific religious denominations are so tightly controlled that children are in fact over-protected from exposure to religion and are likely unable to explore or construct their own worldview in accordance with their evolving capacities. This condition helps us to classify states (perhaps with secular constitutions) which have criminalized specifically religious beliefs or practices. This condition is not applied if the restricted beliefs or practices are found to be outlawed due to their being of an extremist variety. While this condition does not directly reflect discrimination against non-religious persons or non-religious ideas, it does represent an overall threat to freedom of thought, conscience, religion or belief; such restrictions could spill over to affect non-religious beliefs later; and they pose a risk of backlash against over-zealous secular authorities or even against non-religious individuals by association.

It is illegal or unrecognised to identify as an atheist or as non-religious
It is made difficult to register or operate an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization
 
Grave Violations
Severe Discrimination

Constitution and government

Discrimination based on religion is prohibited by law. The state is often referred to, and described by the Assad regime, as “secular”, and there is no official state religion. However, in fact the 2012 Constitution requires that the president be Muslim and stipulates that Islamic jurisprudence is a principal source of legislation.

Syria has a dual legal system which includes both secular and religious courts. Civil and criminal cases are heard in secular courts, while the Sharia courts handle personal, family, and religious matters.[ref]https://www.state.gov/wp-content/uploads/2020/05/SYRIA-2019-INTERNATIONAL-RELIGIOUS-FREEDOM-REPORT.pdf[/ref]

Prior to the civil war, the Syrian Constitution, law and other policies provided some limited freedom of religion or belief, but very little freedom of expression, especially with regard to the media.

According to law, membership in certain religious organizations is illegal and punishable to different degrees. For example, Salafist (Sunni fundamentalist) organizations are illegal and supporting or affiliating with the Syrian Muslim Brotherhood has been punishable by death since the 1980s.

The government officially recognizes Christianity, Judaism and Islam. All religious groups are required to register and the registration process can be lengthy. There is no designation of religion on passports or national identity cards, except for Jews, who are the only religious group whose passports and identity cards note their religion.[ref]https://www.state.gov/wp-content/uploads/2020/05/SYRIA-2019-INTERNATIONAL-RELIGIOUS-FREEDOM-REPORT.pdf[/ref] Apostasy is not directly forbidden, however, the authorities restrict proselytizing and prohibit conversion of Muslims from Islam. Others may convert to Islam. If a Christian converts to Islam, the presiding Muslim cleric has to inform the convert’s diocese. Societal pressure further makes conversion, particularly from Islam to Christianity, relatively rare and forces many converts to flee outside of the country.

Education and children’s rights

All state schools are officially government-run and non-sectarian, although in practice the Christian and Druze communities operate some schools. There is mandatory religious instruction in public schools for all religious groups, with government-approved teachers and curricula. Religious instruction is provided for Islam and Christianity only, and courses are divided into separate classes for Muslim and Christian students. Other religious minority groups can choose between either or attend private schools. Although Arabic is the official school language, the authorities allow in some schools courses in Armenian, Hebrew, Syriac (Aramaic), and Chaldean.

In ISIS-controlled territory the school curriculum was altered. Several basic academic subjects were banned, for example chemistry, and some schools were used to train minor boys for “jihad”. The schools teach according to ISIS’s ideological priorities.

Since 2011 several million children have been forced to leave school.

Family, community and society

For issues of personal status, or family law, the government requires citizens to be affiliated nominally with Christianity, Judaism, or Islam. The government allows these recognized groups to use their own religious laws in matters of family law. Consequently, members of religious groups are subject to their respective religious laws concerning marriage and divorce. Religious affiliation is required on birth certificates and legal documentation when marrying.  In the case of interreligious disputes, Islamic law takes precedence.

Gender equality

While the Syrian regime is nominally secular, its approach to women’s rights is still deeply influenced by traditional religious forces. The Personal Status Law governs matters such as marriage, divorce, child custody, and inheritance[ref]http://parliament.gov.sy/arabic/index.php?node=201&nid=11333&ref=tree&; https://www.loc.gov/law/foreign-news/article/syria-womens-rights-in-light-of-new-amendments-to-syrian-personal-status-law/[/ref].

Sharia is the basis of inheritance law for all citizens, except Christians. Women inherit usually half of that of male heirs and a Christian woman married to a Muslim man can not inherit from her deceased husband.

The religious family law also discriminates against women. Under the law, a Muslim woman cannot marry a Christian man, but a Muslim man can marry a Christian or Jewish woman. Women need the consent of their male guardian in order to marry. Many marriages are arranged and women can face societal or financial pressure to agree. Adultery is a criminal offence for both sexes, but the punishment is twice as high for women as for men. The law allows men to marry up to four wives without the consent of the first wife. Men can repudiate their wives, women can obtain a divorce with the Islamic principle of “khula”, if they agree to renounce their dowry. Domestic violence and spousal rape are not criminalized. In addition, raped women may face violence of their own family for shaming the family’s honour. Abortion is only legal, if the pregnant woman’s life is in danger.[ref]genderindex.org/country/syrian-arab-republic[/ref]

A UN Commission of Inquiry on Syria released a report in 2018 that found that thousands of women and girls had been subjected to sexual and gender-based violence by warring parties in Syria. The report notes that:

“beginning in 2011, rapes and other acts of sexual violence carried out by Government forces and associated militias during ground operations, at checkpoints, and in detention formed part of a widespread and systematic attack directed against a civilian population, and amount to crimes against humanity.”[ref]https://www.ohchr.org/Documents/HRBodies/HRCouncil/CoISyria/A-HRC-37-CRP-3.pdf[/ref]

Women and girls situated in the parts of Syria under the control of ISIS had their fundamental rights routinely denied in a brutal fashion. During the height of its Caliphate, some of ISIS’ practices included the recurrent stoning of women and girls to death on charges of adultery, executing sexual minorities by throwing them off buildings, publicly lashing those who violated its dress code, and forced marriage of Sunni girls and women to ISIS fighters.[ref]https://www.ohchr.org/EN/HRBodies/HRC/Pages/NewsDetail.aspx?NewsID=22833&LangID=E[/ref]

Freedom of expression, advocacy of humanist values

Media freedom

Since the Ba-ath Party (led by President Bashar al-Assad’s father, Hafez al-Assad) seized power in a coup in the 1960s, freedom of expression in Syria has been severely restricted. Since 2013, it has scored among the 10 worst countries in the world for freedom of expression violations against the media, according to Reporters Without Borders’ ranking index[ref]https://rsf.org/en/syria[/ref].

Prior to the revolution, Syria only had three government-controlled national newspapers and the state closely controlled all radio stations and television, either directly or indirectly[ref]https://www.opendemocracy.net/en/north-africa-west-asia/syria-uprising-and-media-scene/[/ref]. It made use of its extensive control over media outlets to dictate the narrative over the conflict, deny its involvement in war crimes and disseminate propaganda[ref]https://english.alaraby.co.uk/english/comment/2016/10/13/syrian-state-media-war-propaganda-whitewashing-and-denial[/ref].

A Press Law adopted in 2001 (Decree No. 50/2001) tightened the governments control over the media by criminalizing the publication of news on certain topics, including reports about “national security” and “national unity”. Article 51a broadly prohibits the publication of “falsehoods” and “fabricated reports”, while Article 56d states that licences of publications that “call for changing the state constitution through unconstitutional means” will be revoked[ref]https://www.hrw.org/legacy/backgrounder/mena/syria/[/ref].

Syrian authorities regularly arrest and detain human rights activists, journalists, and bloggers, especially those advocating for democratic political reform. Many are accused of “defaming the state” under Article 287 of the criminal code or of “publishing false information” and “undermining national sentiment” under Articles 283 and 286[ref]http://www.moj.gov.sy/index.php?option=com_content&view=article&id=11:2013-10-01-20-45-36&catid=3:criminalgroup&Itemid=6[/ref]. During the first five years of the civil war, journalists and citizen media actors became targets of the regime due to their role in informing the world of the crimes committed by the government. A report by the Syrian Network for Human Rights (SNHR) found that at least 707 citizen journalists have been killed since March 2011 to date, with the main perpetrator being the forces of the Syrian regime[ref]http://sn4hr.org/wp-content/pdf/english/On_World_Press_Freedom_Day_We_demand_the_Release_of_422_Citizen_Journalists_in_Syria_en.pdf[/ref].

While the government routinely depicts itself in its own propaganda as a “protector of minorities”, such as Christians; its actions on the grounds are anything but. Local NGOs have documented 124 attacks on Christian places of worship from 2011, 60% of which were carried out by government forces.[ref]https://www.middleeastmonitor.com/20190930-assad-regime-persecutes-syrian-christians-says-human-rights-group/[/ref] The government also promotes anti-Semitic rhetoric in state-funded TV and Radio programming. 

Testimonies

“I was an atheist before the Syrian revolution. It did not affect my life in a direct way, although I was criticized by anyone who knew about my thoughts, particularly some friends and my not-close-relatives. But after the revolution the situation worsened: the Syrian militants now kill or kidnap every atheist they find. I am glad to live abroad now.”

— Leen