II. Recommendations

To the Syrian Government

In order to comply with its international obligations regarding freedom of association and freedom of expression, the Syrian government should:

With respect to the continuing State of Emergency

• Stop relying on the continuing state of emergency to detain and harass human rights activists and to prevent the registration of human rights groups.

With respect to the 1958 Law on Associations and Private Societies (Law No. 93) and its executive (implementing) regulations

• Amend the law to:
• Ensure that all groups formed for any legal purpose are allowed to acquire legal personality by:

Making registration of associations automatic once these associations fulfill the formal requirements;

Abolishing penalties for participation in unregistered associations if such associations are not otherwise breaking the law; and

Removing restrictions on the ability to affiliate with other groups, whether domestic or foreign.

• Cease the vetting by the Ministry of Social Affairs and Labor (MoSAL) and the security agencies of registration requests, founding members, and candidates for board membership. No part of government should be involved in vetting registration requests or candidates.

• Remove the government's ability to appoint any number of board members of a non governmental association at will in any situation.

• Remove the government's ability to control organizational decisions of associations by abolishing the requirement that associations provide advance notice of any meeting and minutes of their meetings to MoSAL.

• Restrict MoSAL's authority to dissolve any association. Involuntary dissolution of an association should take place only by judicial order.

• Permit receipt of donations or transfers from Syrian or foreign donors, as long as all foreign exchange and customs laws are satisfied.

• Enforce Article 10 of Law No. 93, which stipulates that if MoSAL has not processed a registration application within 60 days, the law will deem the application approved. Specifically, recognize the legal status of the Human Rights Association in Syria (HRAS) and the Arab Organization for Human Rights Syria (AOHR) since MoSAL did not respond to their registration request within the mandated 60 days.

With respect to practices by the security agencies

• Order the security services to:
• Stop arbitrarily arresting activists;
• Cease the practice of arbitrarily denying passports to activists or banning them from traveling;
• Stop harassing activists through arbitrary detentions and regular interrogations;
• Stop interfering in the trials of activists.

• End the impunity of the security agencies by taking immediate and practical steps to make the country's various security forces accountable for their conduct under the rule of law. Such steps should include the investigation, prosecution, and punishment of members of security forces who arbitrarily detain and interrogate activists.

With respect to convictions of and ongoing court cases against human rights activists

• Exonerate human rights activists who were sentenced for exercising their rights to freedom of expression and association.

• For ongoing court cases of human rights activists, drop all charges that are based on violations of freedom of expression or association.

• Ensure that the court trying the defendants is independent and impartial by putting an end to the intervention of security agencies in legal proceedings.

With respect to the country's overall respect for human rights and the Syrian constitution

• Announce publicly that the government will respect, encourage, and facilitate freedom of association generally, and the right of human rights groups to form associations to freely carry out their work.

• Reform MoSAL: new laws will not be sufficient if they are not administered by a body that facilitates the growth of associations.

To the European Union and its Member States

• Adhere to the EU Guidelines on Human Rights Dialogues and the EU Guidelines on Human Rights Defenders in dealing with Syria.[2]

• Before finalizing the Association Agreement with Syria (initialed in October 2004), ensure that the Syrian government commits to improving its human rights record and respecting the rights of human rights defenders.

• Extend support for human rights activists in Syria by advocating on their behalf with Syrian authorities and providing logistical support through capacity building programs.

To the International Community

• Ensure that human rights concerns are at the core of any future talks or negotiations with Syria.

To the United Nations

• The Special Representative of the Secretary-Generalon human rights defenders should request a visit to Syria to examine the situation of human rights defenders in the country.