Constitution of the Autonomous Administration of North and East Syria: Difference between revisions
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{{Politics of the Autonomous Administration of North and East Syria}} |
{{Politics of the Autonomous Administration of North and East Syria}} |
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The '''Constitution of the Autonomous Administration of North and East Syria''',<ref name=peace>{{cite web|title=Charter of the Social Contract- Self-Rule in Rojava|url=http://peaceinkurdistancampaign.com/resources/rojava/charter-of-the-social-contract/|website=Peace in Kurdistan|accessdate=13 June 2015}}</ref><ref>{{Cite web |url=https://civiroglu.net/the-constitution-of-the-rojava-cantons/ |title=The Constitution of the Rojava Cantons |publisher=Mutlu Çiviroğlu |accessdate=7 December 2015}}</ref> officially titled '''Charter of the Social Contract''', is the [[provisional constitution]] of the self-proclaimed autonomous region |
The '''Constitution of the Autonomous Administration of North and East Syria''',<ref name=peace>{{cite web|title=Charter of the Social Contract- Self-Rule in Rojava|url=http://peaceinkurdistancampaign.com/resources/rojava/charter-of-the-social-contract/|website=Peace in Kurdistan|accessdate=13 June 2015|archive-url=https://web.archive.org/web/20150616161409/http://peaceinkurdistancampaign.com/resources/rojava/charter-of-the-social-contract/|archive-date=16 June 2015|url-status=dead}}</ref><ref>{{Cite web |url=https://civiroglu.net/the-constitution-of-the-rojava-cantons/ |title=The Constitution of the Rojava Cantons |publisher=Mutlu Çiviroğlu |accessdate=7 December 2015}}</ref> officially titled '''Charter of the Social Contract''', is the [[provisional constitution]] of the self-proclaimed autonomous region known as the [[Autonomous Administration of North and East Syria]]. It was adopted on 29 January 2014, when the [[Democratic Union Party (Syria)|Democratic Union Party (PYD)]], the political wing of the [[People's Protection Units]] (YPG) and the largest party in the autonomous region, declared the three regions it controlled autonomous from the [[Syrian government]].<ref name=peace /> Article 12 states the autonomous region remains an "integral part of Syria", anticipating a future [[federalization of Syria]].{{citation needed|date=October 2019}} |
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The constitution has gained much international attention and is most noted for its explicit affirmation of [[minority rights]] |
The constitution has gained much international attention and is most noted for its explicit affirmation of [[minority rights]], [[gender equality]], and a form of [[direct democracy]] known as '[[democratic confederalism]]'.{{refn| |
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*{{cite web|url=https://www.nytimes.com/2015/11/29/magazine/a-dream-of-utopia-in-hell.html|title=A Dream of Secular Utopia in |
*{{cite web|url=https://www.nytimes.com/2015/11/29/magazine/a-dream-of-utopia-in-hell.html|title=A Dream of Secular Utopia in ISIS' Backyard|work=New York Times|date=2015-11-24|accessdate=2016-05-20}} |
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*{{cite web|url=http://www.ft.com/intl/cms/s/2/50102294-77fd-11e5-a95a-27d368e1ddf7.html|title=Power to the people: a Syrian experiment in democracy|publisher=Financial Times|date=2015-10-23|accessdate=2016-06-06}} |
*{{cite web|url=http://www.ft.com/intl/cms/s/2/50102294-77fd-11e5-a95a-27d368e1ddf7.html|title=Power to the people: a Syrian experiment in democracy|publisher=Financial Times|date=2015-10-23|accessdate=2016-06-06}} |
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*{{cite web|url=https://www.nytimes.com/2015/09/30/opinion/the-kurds-democratic-experiment.html|title=The |
*{{cite web|url=https://www.nytimes.com/2015/09/30/opinion/the-kurds-democratic-experiment.html|title=The Kurds' Democratic Experiment|work=New York Times|date=2015-09-30|accessdate=2016-05-20}} |
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*{{cite web|url=https://www.theguardian.com/commentisfree/2014/oct/08/why-world-ignoring-revolutionary-kurds-syria-isis|title=Why is the world ignoring the revolutionary Kurds in Syria?| |
*{{cite web|url=https://www.theguardian.com/commentisfree/2014/oct/08/why-world-ignoring-revolutionary-kurds-syria-isis|title=Why is the world ignoring the revolutionary Kurds in Syria?|work=The Guardian|date=2014-10-08|accessdate=2016-05-20}}}}{{refn| |
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*{{cite web|url=https://www.opendemocracy.net/arab-awakening/jo-magpie/regaining-hope-in-rojava|title=Regaining hope in Rojava|publisher=Slate|date=2016-06-06|accessdate=2016-06-09}} |
*{{cite web|url=https://www.opendemocracy.net/arab-awakening/jo-magpie/regaining-hope-in-rojava|title=Regaining hope in Rojava|publisher=Slate|date=2016-06-06|accessdate=2016-06-09}} |
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*{{cite web|url=http://www.slate.com/blogs/xx_factor/2015/11/25/rojava_is_a_radical_experiment_in_democracy_in_northern_syria_american_leftists.html|title=American Leftists Need to Pay More Attention to Rojava|publisher=Slate|date=2015-11-25|accessdate=2016-05-20}} |
*{{cite web|url=http://www.slate.com/blogs/xx_factor/2015/11/25/rojava_is_a_radical_experiment_in_democracy_in_northern_syria_american_leftists.html|title=American Leftists Need to Pay More Attention to Rojava|publisher=Slate|date=2015-11-25|accessdate=2016-05-20}} |
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*{{cite web|url=https://www.dissentmagazine.org/online_articles/the-revolution-in-rojava|title=The Revolution in Rojava|publisher=Dissent|date=2015-04-22|accessdate=2016-05-20}} |
*{{cite web|url=https://www.dissentmagazine.org/online_articles/the-revolution-in-rojava|title=The Revolution in Rojava|publisher=Dissent|date=2015-04-22|accessdate=2016-05-20}} |
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*{{cite web|url=https://www.opendemocracy.net/arab-awakening/evangelos-aretaios/rojava-revolution|title=The Rojava revolution|publisher=OpenDemocracy|date=2015-03-15|accessdate=2016-05-20}} |
*{{cite web|url=https://www.opendemocracy.net/arab-awakening/evangelos-aretaios/rojava-revolution|title=The Rojava revolution|publisher=OpenDemocracy|date=2015-03-15|accessdate=2016-05-20}} |
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*{{cite web|url=http://new-compass.net/articles/statement-academic-delegation-rojava|title=Statement from the Academic Delegation to Rojava|publisher=New Compass|date=2015-01-15|accessdate=2016-05-20}}}} |
*{{cite web|url=http://new-compass.net/articles/statement-academic-delegation-rojava|title=Statement from the Academic Delegation to Rojava|publisher=New Compass|date=2015-01-15|accessdate=2016-05-20|archive-date=30 June 2019|archive-url=https://web.archive.org/web/20190630090505/http://new-compass.net/articles/statement-academic-delegation-rojava|url-status=dead}}}} |
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On 27–28 June 2016, the executive committee to organize a constitution for the region, to replace the 2014 constitution, presented its draft.<ref name="new-constitution">{{cite web|url=http://www.al-monitor.com/pulse/originals/2016/07/north-syria-rojava-kurdish-federation-constitution.html|title=After approving constitution, what's next for Syria's Kurds?|publisher=Al-Monitor|date=2016-07-22|accessdate=2016-07-22}}</ref> |
On 27–28 June 2016, the executive committee to organize a constitution for the region, to replace the 2014 constitution, presented its draft.<ref name="new-constitution">{{cite web|url=http://www.al-monitor.com/pulse/originals/2016/07/north-syria-rojava-kurdish-federation-constitution.html|title=After approving constitution, what's next for Syria's Kurds?|publisher=Al-Monitor|date=2016-07-22|accessdate=2016-07-22}}</ref> |
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== Background == |
== Background == |
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[[File:Rojava february2014.png|thumb|Areas controlled and claimed by Syrian Kurds and allies (Feb. 2014).]] |
[[File:Rojava february2014.png|thumb|Areas controlled and claimed by Syrian Kurds and allies (Feb. 2014).]] |
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When the [[Syrian Civil War]] broke out in 2011, the Syrian Kurdish parties avoided taking sides. When [[Syrian Army|Syrian government forces]] retreated in mid-2012 to fight the mostly Arab [[Syrian opposition|rebels]] elsewhere, Kurdish groups gradually took control.<ref name="Who">{{Cite news |url=https://www.bbc.com/news/world-middle-east-29702440 |title=Who are the Kurds? |work=BBC News |date=21 October 2014 |accessdate=8 December 2015}}</ref> On 12 July 2012, the two main political alliances in the autonomous region, the [[Democratic Union Party (Syria)|Democratic Union Party]] (PYD) and the [[Kurdish National Council]] (KNC) formed [[Kurdish Supreme Committee]] (KSC) as the overarching governing body of all three self-proclaimed cantons of [[Afrin Canton|Afrin]], [[Kobane Canton|Kobane]] and [[Jazira Region|Jazira]] |
When the [[Syrian Civil War]] broke out in 2011, the Syrian Kurdish parties avoided taking sides. When [[Syrian Army|Syrian government forces]] retreated in mid-2012 to fight the mostly Arab [[Syrian opposition|rebels]] elsewhere, Kurdish groups gradually took control.<ref name="Who">{{Cite news |url=https://www.bbc.com/news/world-middle-east-29702440 |title=Who are the Kurds? |work=BBC News |date=21 October 2014 |accessdate=8 December 2015}}</ref> On 12 July 2012, the two main political alliances in the autonomous region, the [[Movement for a Democratic Society]] (including [[Democratic Union Party (Syria)|Democratic Union Party]] (PYD)) and the [[Kurdish National Council]] (KNC) formed [[Kurdish Supreme Committee]] (KSC) as the overarching governing body of all three self-proclaimed cantons of [[Afrin Canton|Afrin]], [[Kobane Canton|Kobane]] and [[Jazira Region|Jazira]].<ref name="interim"/> The PYD and its armed wing [[People's Protection Units]] (YPG) soon became the dominant force.<ref name="Who"/> Soon PYD and other allied parties in [[Movement for a Democratic Society]] declared a unilateral interim government in November 2013 and also a committee was appointed to write a transitional constitution.<ref name="interim">{{cite web|url=http://rudaw.net/english/middleeast/syria/13112013|title=PYD announces surprise interim government in Syria's Kurdish regions|publisher=[[Rudaw Media Network|Rudaw]]|date=13 November 2013|accessdate=8 December 2015}}</ref> Nevertheless in January 2014 it agreed to form a coalition government with the KNC,<ref name="Who"/> but this agreement didn't last long. |
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== Contents == |
== Contents == |
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In establishing this Charter, we declare a political system and civil administration founded upon a social contract that reconciles the rich mosaic of Syria through a transitional phase from dictatorship, civil war and destruction, to a new democratic society where civic life and social justice are preserved.</blockquote> |
In establishing this Charter, we declare a political system and civil administration founded upon a social contract that reconciles the rich mosaic of Syria through a transitional phase from dictatorship, civil war and destruction, to a new democratic society where civic life and social justice are preserved.</blockquote> |
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{| class="wikitable" |
{| class="wikitable" |
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! Section |
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! Articles |
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! Contents |
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|General Principles |
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|1–12|| Article 4 lists the structure of the government. Article 3 and 5 lists the administrative centers of each [[Canton (country subdivision)|canton]]. Article 12 confirms Rojava as an integral part of [[Syria]]. |
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| Basic Principles |
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|13–20|| Article 15 declares the [[Syrian Democratic Forces]] (SDF) as the sole military force of Rojava. |
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| Rights and Liberties |
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|21–44||Article 21 refers to the [[Universal Declaration of Human Rights]], the [[International Covenant on Civil and Political Rights]], the [[International Covenant on Economic, Social and Cultural Rights]]. |
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| Legislative Assembly |
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| '''Legislative Assembly''' - <small>(Articles 45–53)</small> ||The section "IV Legislative Assembly" outlines the responsibilities of the Legislative Assembly. |
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|45–53||Responsibilities of the Legislative Assembly. |
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| Executive Council |
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| '''Executive Council''' - <small>(Articles 54–62)</small> || The section "V Executive Council" outlines the responsibilities of the Executive Council. |
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|54–62|| Responsibilities of the Executive Council. |
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| Judicial Council |
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| '''Judicial Council''' - <small>(Articles 63–75)</small> || The section "VI Judicial Council" outlines the responsibilities of the Judicial Council. |
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|63–75|| Responsibilities of the Judicial Council. |
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| Higher Commission of Elections |
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| '''Higher Commission of Elections''' - <small>(Articles 76)</small>|| The section "VII Higher Commission of Elections" outlines the responsibilities of the Higher Commission of Elections. |
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|76|| Responsibilities of the Higher Commission of Elections. |
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|style="width: 320px" |
| style="width: 320px" |Supreme Constitutional Court |
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|77–80|| Responsibilities of the Supreme Constitutional Court. |
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|General Rules |
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|81–96 |
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|{{See below}} |
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== See also == |
== See also == |
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* [[Constitution of Syria]] |
* [[Constitution of Syria]] |
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== References == |
== References == |
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{{reflist}} |
{{reflist}} |
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{{Sister project links |wikt=no |commons=no|b=no|n=no |q=no |s=Constitution of the Rojava Cantons |v=no |species=no }} |
{{Sister project links |wikt=no |commons=no|b=no|n=no |q=no |s=Constitution of the Rojava Cantons |v=no |species=no }} |
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{{Rojava topics}} |
{{Rojava topics}} |
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[[Category:Constitutions of unrecognized or largely unrecognized states|Rojava]] |
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[[Category:Constitutions of Syria|Rojava]] |
[[Category:Constitutions of Syria|Rojava]] |
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[[Category:Politics of the |
[[Category:Politics of the Autonomous Administration of North and East Syria]] |
Revision as of 14:10, 1 August 2024
The Constitution of the Autonomous Administration of North and East Syria,[1][2] officially titled Charter of the Social Contract, is the provisional constitution of the self-proclaimed autonomous region known as the Autonomous Administration of North and East Syria. It was adopted on 29 January 2014, when the Democratic Union Party (PYD), the political wing of the People's Protection Units (YPG) and the largest party in the autonomous region, declared the three regions it controlled autonomous from the Syrian government.[1] Article 12 states the autonomous region remains an "integral part of Syria", anticipating a future federalization of Syria.[citation needed]
The constitution has gained much international attention and is most noted for its explicit affirmation of minority rights, gender equality, and a form of direct democracy known as 'democratic confederalism'.[3][4]
On 27–28 June 2016, the executive committee to organize a constitution for the region, to replace the 2014 constitution, presented its draft.[5]
Background
When the Syrian Civil War broke out in 2011, the Syrian Kurdish parties avoided taking sides. When Syrian government forces retreated in mid-2012 to fight the mostly Arab rebels elsewhere, Kurdish groups gradually took control.[6] On 12 July 2012, the two main political alliances in the autonomous region, the Movement for a Democratic Society (including Democratic Union Party (PYD)) and the Kurdish National Council (KNC) formed Kurdish Supreme Committee (KSC) as the overarching governing body of all three self-proclaimed cantons of Afrin, Kobane and Jazira.[7] The PYD and its armed wing People's Protection Units (YPG) soon became the dominant force.[6] Soon PYD and other allied parties in Movement for a Democratic Society declared a unilateral interim government in November 2013 and also a committee was appointed to write a transitional constitution.[7] Nevertheless in January 2014 it agreed to form a coalition government with the KNC,[6] but this agreement didn't last long.
Contents
Preamble
We, the people of the Democratic Autonomous Regions of Afrin, Jazira and Kobani, a confederation of Kurds, Arabs, Syriacs, Arameans, Turkmen, Armenians and Chechens, freely and solemnly declare and establish this Charter.
In pursuit of freedom, justice, dignity and democracy and led by principles of equality and environmental sustainability, the Charter proclaims a new social contract, based upon mutual and peaceful coexistence and understanding between all strands of society. It protects fundamental human rights and liberties and reaffirms the peoples’ right to self-determination.
Under the Charter, we, the people of the Autonomous Regions, unite in the spirit of reconciliation, pluralism and democratic participation so that all may express themselves freely in public life. In building a society free from authoritarianism, militarism, centralism and the intervention of religious authority in public affairs, the Charter recognizes Syria’s territorial integrity and aspires to maintain domestic and international peace.
In establishing this Charter, we declare a political system and civil administration founded upon a social contract that reconciles the rich mosaic of Syria through a transitional phase from dictatorship, civil war and destruction, to a new democratic society where civic life and social justice are preserved.
Section | Articles | Contents |
---|---|---|
General Principles | 1–12 | Article 4 lists the structure of the government. Article 3 and 5 lists the administrative centers of each canton. Article 12 confirms Rojava as an integral part of Syria. |
Basic Principles | 13–20 | Article 15 declares the Syrian Democratic Forces (SDF) as the sole military force of Rojava. |
Rights and Liberties | 21–44 | Article 21 refers to the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights. |
Legislative Assembly | 45–53 | Responsibilities of the Legislative Assembly. |
Executive Council | 54–62 | Responsibilities of the Executive Council. |
Judicial Council | 63–75 | Responsibilities of the Judicial Council. |
Higher Commission of Elections | 76 | Responsibilities of the Higher Commission of Elections. |
Supreme Constitutional Court | 77–80 | Responsibilities of the Supreme Constitutional Court. |
General Rules | 81–96 | ( | )
General Rules
- (Articles 81–96)
- The section "IX General Rules" lists general rules including criteria for constitutional amendment and martial law.
- Article 95 lists the bodies of the executive council:
- Body of Foreign Relations
- Body of Defense
- Body of Internal Affairs
- Body of Justice
- Body of Cantonal and Municipal Councils and affiliated to it Committee of Planning and Census
- Body of Finance, and affiliated to it a)-Committee on Banking Regulations. b)- Committee of Customs and Excise
- Body of Social Affairs
- Body of Education
- Body of Agriculture
- Body of Energy
- Body of Health
- Body of Trade and Economic Cooperation
- Body of Martyrs and Veterans Affairs
- Body of Culture
- Body of Transport
- Body of Youth and Sports
- Body of Environment, Tourism and Historical Objects
- Body of Religious Affairs
- Body of Family and Gender Equality
- Body of Human Rights
- Body of Communications
- Body of Food Security
See also
References
- ^ a b "Charter of the Social Contract- Self-Rule in Rojava". Peace in Kurdistan. Archived from the original on 16 June 2015. Retrieved 13 June 2015.
- ^ "The Constitution of the Rojava Cantons". Mutlu Çiviroğlu. Retrieved 7 December 2015.
- ^
- "A Dream of Secular Utopia in ISIS' Backyard". New York Times. 24 November 2015. Retrieved 20 May 2016.
- "Power to the people: a Syrian experiment in democracy". Financial Times. 23 October 2015. Retrieved 6 June 2016.
- "The Kurds' Democratic Experiment". New York Times. 30 September 2015. Retrieved 20 May 2016.
- "Why is the world ignoring the revolutionary Kurds in Syria?". The Guardian. 8 October 2014. Retrieved 20 May 2016.
- ^
- "Regaining hope in Rojava". Slate. 6 June 2016. Retrieved 9 June 2016.
- "American Leftists Need to Pay More Attention to Rojava". Slate. 25 November 2015. Retrieved 20 May 2016.
- "The Revolution in Rojava". Dissent. 22 April 2015. Retrieved 20 May 2016.
- "The Rojava revolution". OpenDemocracy. 15 March 2015. Retrieved 20 May 2016.
- "Statement from the Academic Delegation to Rojava". New Compass. 15 January 2015. Archived from the original on 30 June 2019. Retrieved 20 May 2016.
- ^ "After approving constitution, what's next for Syria's Kurds?". Al-Monitor. 22 July 2016. Retrieved 22 July 2016.
- ^ a b c "Who are the Kurds?". BBC News. 21 October 2014. Retrieved 8 December 2015.
- ^ a b "PYD announces surprise interim government in Syria's Kurdish regions". Rudaw. 13 November 2013. Retrieved 8 December 2015.
- ^ "The Constitution of the Rojava Cantons". civiroglu.net.