Amnesty decrees in Syria: A political tool for pressuring refugees
Syrians who were refugees in Lebanon return to their home country after a journey to the opposition-held northern Idlib province through the crossing of Aoun al-Dadat, north of Manbij, Syria, Oct. 9, 2024. (AFP Photo)

Syria's amnesty decrees deceive refugees and risk their safety, highlighting the need for genuine solutions



Since the onset of the Syrian revolution, the country has witnessed unprecedented waves of displacement and asylum. Millions of Syrians have been forced to abandon their homes, fleeing war, detention and torture. In this context, pressures on refugees and internally displaced persons to return to Syria have escalated, with the regime promoting its insincere amnesty decrees as evidence of conflict resolution and restored stability. However, these decrees offer no real guarantees for the safety of returnees; instead, they serve as a manipulation tool for those who escaped the horrors of war.

Since 2011, the Syrian regime has issued 24 amnesty decrees, claiming to seek reconciliation and restoration of order. Yet, none have resulted in significant on-the-ground changes. Alongside documented continued arrests, political detainees, peaceful activists and military defectors – who represent the majority of those harmed by the regime's policies – remain excluded from these decrees, with many still missing in the regime's prisons. Charges fabricated against them, such as "terrorism" and "high treason," remain outside the scope of amnesty, rendering it ineffective for them.

The situation is further complicated as these decrees manipulate both domestic and international public opinion. The regime seeks to portray itself as open to reconciliation, with state-run media and some international entities promoting these decrees as positive steps toward ending the conflict. This creates psychological and social pressure on refugees and displaced persons to return to Syria, despite their awareness that doing so without real guarantees poses significant risks to their lives and freedoms.

Previous experiences have shown that many who returned to Syria, lured by the regime's promises, faced arbitrary detention, enforced disappearance, or even extrajudicial execution. The regime provides no legal or political assurances for the safety of returnees, instead relying on its security apparatus to suppress dissenting voices or perceived threats. With security forces holding absolute discretion over who benefits from the amnesty, trust in the regime's intentions is severely compromised.

Moreover, pressures on refugees are not solely exerted by the regime; some host countries also seek to alleviate the economic and social burdens of hosting millions of refugees. These nations see the amnesty decrees as a pretext to pressure refugees to return, potentially forcing them back to regions still plagued by severe human rights violations. Forced returns violate international law, particularly the principle of non-refoulement, which is essential in protecting refugees from persecution or danger upon their return.

In this context, the pressing question remains: What is the solution? The only viable path forward is to provide genuine international guarantees for the safety of refugees and displaced persons. A safe, voluntary and dignified return is a fundamental right for every Syrian who has had to leave their homeland, but such returns must occur within a political framework that ensures the rights of returnees and protects them from violations. A proactive role for the United Nations and international organizations is essential in monitoring the return process and ensuring that returnees are not subjected to arrest or retaliation.

The international community bears a significant responsibility in protecting Syrian refugees from manipulation of their fate and preventing their forced return to Syria without explicit and genuine safety guarantees. It cannot remain passive in the face of attempts by certain countries or political actors to use amnesty decrees as a facade for returning refugees to environments that remain unsafe and unstable. There is an urgent need for a unified and firm approach from the U.N. and influential nations to ensure that returning refugees and displaced persons is entirely voluntary and based on suitable security and humanitarian conditions.

Furthermore, the international community must ensure that the political solution in Syria comprehensively addresses the issue of refugees and displaced persons in a fair and inclusive manner. The conflict cannot be considered resolved, nor can Syria return to normalcy while millions of Syrians continue to live in exile or in conditions of internal displacement. A comprehensive political solution must provide a framework for the safe and sustainable return of Syrians to their homeland.

Such a return can only be achieved through meaningful progress in the political process, requiring genuine commitment from all parties, especially the Syrian regime, to accept a comprehensive political transition based on international legitimacy, particularly U.N. Security Council Resolution 2254. The current regime, reliant on external support and its security forces, continues to resist any meaningful reforms or concessions that could facilitate refugee returns. The amnesty decrees issued by the regime amount to desperate attempts to buy time and evade international pressures, yet they offer no real solution to the suffering of Syrians.

Ultimately, Syrian refugees and displaced persons are not mere statistics or political pawns; they are individuals who have endured the ravages of war and oppression, possessing a fundamental right to return to their homeland with dignity and safety. Their rights must be respected and protected against any attempts to force them back into unsafe environments. Any effort to coerce their return without sufficient guarantees would constitute a new crime against them. Therefore, there is an urgent need to intensify international efforts to achieve a comprehensive political solution that guarantees the rights of all Syrians, including refugees and displaced persons, and paves the way for rebuilding Syria on democratic and humanitarian foundations.

This is a collective responsibility for all of us – both the Syrian opposition and the international community. We cannot abandon the Syrian people to confront a regime that has repeatedly proven its unyielding nature and continues to employ all means to thwart any genuine political solution.