Syria - General Political Conditions
The constitution provides for freedom of speech and the press. The government significantly restricted these rights in practice, relying when necessary on Emergency Law provisions that suspend such rights and supersede constitutional practices. The government strictly controlled the dissemination of information and prohibited criticism of the government and discussion of sectarian issues, including religious and ethnic minority rights. Authorities detained and abused journalists, writers, and other individuals for expressions of opinion that violated these restrictions, leading them to practice self-censorship. Individuals could not criticize the government publicly or privately without fear of reprisal. The government also attempted to impede criticism through monitoring of political meetings and informer networks.
Syria declared an official state of emergency in 1963, which was changed in April 2011 to a de facto authorization of extraordinary measures by the security forces. Syrian governments have justified martial law by the state of war that continues to exist with Israel and by continuing threats posed by terrorist groups. Emergency Law and penal code articles dealing with crimes against state security allowed the government broad discretion to determine what constitutes illegal expression. The Emergency Law prohibited publication of "false information" that opposes "the goals of the revolution." Penal code articles prohibit acts or speech inciting sectarianism.
The government heavily influenced the media, and the government or the Ba'ath Party owned most newspaper publishing houses. A number of quasi-independent periodicals, usually owned and produced by figures with government connections, are published. The print and electronic media were critical at times of the Ba'ath Party and government performance. They reported openly on a range of social and economic issues, such as corruption in the energy and communications sectors.
The government or the Ba'ath Party owned and operated some radio and most television companies, and the Ministry of Information closely monitored radio and television news and entertainment programs to ensure adherence to government policies. The government did not interfere with broadcasts from abroad. Satellite dishes were widely used and available.
Government forces detained, arrested, and harassed journalists and other writers for works deemed critical of the state. Harassment included banning from the country, firing for association with international organizations, and failing to respond to requests for journalists' accreditation. The government also arrested journalists and others who wrote in Kurdish or in favor of greater Kurdish rights.
When in doubt, local journalists often shied away from criticism, but it was clearly understood that certain subjects were off-limits, such as writing about the Kurds or criticisms of the president and his family, the security services, or the Alawites. Foreign journalists who did not observe these guidelines were barred from the country, and some Syrian journalists lived outside the country and wrote for Internet publications. The law prohibits the publication of "inaccurate" information, particularly if it "causes public unrest, disturbs international relations, violates the dignity of the state or national unity, affects the morale of the armed forces, or inflicts harm on the national economy and the safety of the monetary system."
The constitution provides for the right of assembly, but Emergency Law provisions superseded this right, and the government did not respect it in practice. MOI permission is required for demonstrations or any public gathering of more than three persons. The government required political forums and discussion groups to obtain prior approval for lectures and seminars and to submit lists of all attendees. Several domestic human rights and civil society groups held meetings without registering with the government or obtaining prior approval because they assumed permission would be denied, as has regularly been the case. In many instances the government took steps to disrupt such gatherings or prevent them from occurring. Either the government or the Ba'ath Party authorized and organized most public demonstrations.
However, in the penal code there are a variety of laws under which freedom of assembly is restricted or prevented such as article 308 ("membership in an organization that was created to incite sectarian, racial or religious strife"); article 355 ("attending a meeting that is not of a private nature ... where an individual issues calls for rioting or displays signs that perturb the general safety, or undertakes any form of rioting"); article 336 ("gathering or convoy in a public space is considered a riot if ... (b) there are at least seven people gathered to protest a decision or measure taken by the public authorities or (c) if they are more than 20 people and they appear in a way that can threaten general quiet");and most notably article 288 ("political or social organization or an international group without the permission of the government").
The constitution permits private associations but also grants the government the right to limit their activities. In practice the government restricted freedom of association, requiring prior registration and approval for private associations. The government often denied requests for registration or failed to act on them, presumably on political grounds. None of the approximately 14 local human rights organizations operated with a license during the year. The government continued to block the multi-year effort by journalists to form an association of journalists reporting for regional Arab media.
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