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South Sudan passes interim constitution amid concerns over presidential powers

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July 7, 2011 (JUBA) - The Juba based South Sudan Legislative Assembly passed the long awaited interim constitution, giving more powers to president of the soon-to-be independent state of the Republic of South Sudan on Thursday.

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A woman holds the South Sudan flag during a rehearsal of the Independence Day ceremony in Juba July 7, 2011. (photo Paul Bank UNMIS)

The parliament ratified the draft interim constitution into the supreme law of the land two days before South Sudan formally declares its independence, after the majority of its citizens voted in January to create a nation of their own.

Speaking to the press on Thursday, Joyce Kwaje, the chairperson of the information, culture and communications in the parliament announced the passage of the constitution.

Kwaje denied claims that the constitution gives excessive powers to the president of the Government of South Sudan, arguing that the constitution represents the will and rights of the people of South Sudan.

“I congratulate the people of South Sudan for exercising patience and trust they have in their representatives in the parliament to the pass the constitution,” said Kwaje declining further questions from the press.

Barnaba Marial Benjamin, minister of information in the Government of South Sudan also told journalists at daily press briefing in Juba that the new constitution has been passed, denying that it concentrates too much power in the hands of the president.

“The new constitution is out. It has been passed,” said minister Marial, adding that the views of the general public were gathered and considered before the new constitution was passed.

“People of the South Sudan were consulted through their representatives in the parliament. Extensive consultations with our people were made on the constitution and their views have been considered.”

Benjamin explained that the new constitution encourages a system of decentralisation, while reserving the voices calling for federalism, to be addressed in the next permanent constitution.

The constitution contains a provision allowing the transfer of the former members of parliament in Khartoum into the new parliament in South Sudan, regardless of their political parties. Members of the political parties elected in Khartoum state are also allowed to join their respective states in the South.

An additional 66 members from various political parties shall be appointed into the transitional assembly by the presidential decree as 30 other members shall be appointed into the new council of states, making the total 50 representative from various political parties.

In case the post of the president falls vacant within the first one year during the transitional period, the political party on whose ticket the president was elected shall nominate the successor within the 14 days and the elections shall be conducted to fill the vacant position of the president after one year.

A constitutional review committee shall be formed during the interim period to work on the permanent constitution.

CONCERNS AND CRITICISMS

The US-based Cater Center last week urged the ruling SPLM party to demonstrate strong commitments towards an inclusive and participatory governance in South Sudan. It appealed on the parliament to consider taking into account views from cluster groups and other stakeholders before to adopt the constitution.

In a statement released on 2 July, the Center said "The current draft of the transitional constitution contains a number of provisions that appear likely to concentrate power in the central government."

The opposition SPLM-DC said the Constitutional Review Committee dominated by the governing party process "delivered a one-party constitution tailored to fit the SPLM alone". It went further to say the dominant party even rejected the "meek proposals" of some opposition parties.

The SPLM-DC went to accuse the ruling party of maintaining the institutions elected last year saying such decision dishonours the resolution of power sharing agreed during the “All Southern Sudanese Political Parties Conference” held in Juba in October 2010.

The opposition party further says the adopted constitution "denies our people the federal system" by concentrating all the powers in Juba and allowing the President to relieve an elected governor or to dissolve a state legislative assembly.

The new constitution, under article 101 (R), allows the president to dissolve the state legislative assembly and fire elected governors. The president can also declare war and a state of emergency without the prior approval of parliament.

(ST)

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  • 8 July 2011 09:11, by twins

    This is not going to help at all. But whose fault will it be after South Sudan become the failure state next to Sumalia? To be honest, the future of this nation is unpredictable.

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  • 8 July 2011 09:21, by George Bol

    Great move people of South Sudan. I am very glad and happy with this constitution which is also similar to the previous one. President must have more powers since must of us are always fond of power greed.

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  • 8 July 2011 10:29, by Nhomlawda

    Strong presidential powers are good if people have confident in the wisdom and work of their president but they are bad if majority of the people have lost confident in the president and his judgment ability.
    South Sudan president must work hard not to misuse powers given to him in the constitution.
    The president must also make sure period of impunity is ended now before South Sudan Independence Day and time for transparency, accountability and hard work is ushered in during Independence Day onwards so that people can gain lost confidence in the governance system of GOSS.

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  • 8 July 2011 10:36, by Wanibuluk Ciciliba

    Hi,
    This powers are too much and can easily break down Mr. president. By the way, do you see the position of James Wani Iga being at stake due to this power? Another monyjang from a cral is warming up for it and Salva will give because of the powers.
    This consititution is void and invalid because of those particles it contains, War will be ragging from all corners due to desolution of Assembly members or governors who are ellected by people. Go to hell Mr. president we shall wipe you out soon.
    Congrats southerner for a Nation, Joseph Lagu oyeeeeeeee...

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    • 8 July 2011 10:56, by George Bol

      Where will you go if you want to wipe out the president. Please stop talking the talk for impossibilities. Thanks

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      • 8 July 2011 11:39, by Dinka Dominated SPLA/M

        O Plase donot be bother by their talk. they talk but they don’t have ability to do it. they are like children being beaten up by their mothers than still came back to theit mumies.

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    • 8 July 2011 15:19, by American Missile.

      On what point do u praised Joseph Lagu? past Govt of Joseph Lagu was the one making us suffering from war,he failed to managed the people and the South affairs.

      Anyway,you may be praising him on condition that he is your Uncle while i thanked him for his being our Elder.

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  • 8 July 2011 10:58, by Junior de maber

    Those powers given to the president were set to shut down the mouth pick speakers who are still to come from their hide, with out that, every one would be working fore an interest not the Government. For instand we have alots of individual Army which are used for community base political compaign hence trible clashes.

    President is allowed to declare against any unlowful Army group, which are existing as we are talking.

    Therefore the constitutions was based on the present situation and future,lets waite for the next review and the next president.

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  • 8 July 2011 11:32, by Richard Lado Santo

    “The strength of the Constitution lies entirely in the determination of each citizen to defend it. Only if every single citizen feels duty bound to do his share in this defense are the constitutional rights secure. The Constitution is not an instrument for the government to restrain the people, it is an instrument for the people to restrain the government - lest it come to dominate our lives and interests.”

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    • 8 July 2011 11:43, by Nhomlawda

      Richard,

      Constitution is not defended by cowards but by brave nationalists regardless of their numbers.

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  • 8 July 2011 12:10, by Mi diit

    wow, absolute powers to mr. salva kiir. i believe he likes it alot that he is given such absolute powers which are above the parliament and elected governors. the question is what if such powers fall to the hand of another person in the near future and use them against kiir’s group interest. i hope it will be so sweet!

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  • 8 July 2011 12:59, by Mr. Truthteller

    Folks, I now LOVE that transitional CONSTITUTION. Don’t ask me why because I will not tell you the reason why I have LOVED it after passing by parliament. But I can tell you that I really, really LOVE it now. What goes around comes around!

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  • 8 July 2011 13:01, by Garang Lual

    Finally Dr Salva Kiir our PHD holder in philosophy of ignorant from University of corruption technology, and his puppets have achieved their ambition to pass a sort of constitution, which they thought ignorantly will curb people of South Sudan from defending their freedom rights, blindly without thinking about the ugly face of that constitution which definitely will lead to what is going on in North Africa, and in Arab world, unfortunately because of our current premature leaders as Dinkas our future generations are going to pay our ignorance price.
    Why we allow our gluttony, Greed, self-indulgence, and ignorance to drive us to commit such kind of crime against people of South Sudan and our future generations.
    I know my illiterate brothers who lives on daily basis without planning for tomorrow will react negatively on this comment without prior self analysis in order to understand insight of the comment.

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    • 8 July 2011 13:16, by DeltaBravo

      To GARANG LUAL

      Please stop insulting the President. We are new Nation this is the new begining. Without those Power our new Nation will fall back under such corrupted Official. Everything will change later on in the near future.

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      • 8 July 2011 22:11, by Gatdit Kol

        Hey guy Garang was not insulted Salva but telling truth to the people.If you think that he has insulted the president, you are a corrupt man like Salva Kiir.
        We will be free afterv Dr.Riak becomes our president.
        Tik yoah kuoth will be killed and Dr. will take over,according to Ngundeng.No fucken Dinka will deny that,otherwise Nuer and other tribes in South Sudan will finish you.

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    • 8 July 2011 13:19, by George Bol

      Garang Lual,

      If we give you permission to write the constitution of the ROSS,you will come up with zero because the constitution need clear thinking capacity on how country has been run since the beginning of our struggle but not those who run up and down when we have difficulties and flocks when we have an ease.

      Crying not going to help you better shut up because that is already a done deal. Please come up with new stuffs that will help the ROSS and not to make noise with something that you can not do anything.

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      • 8 July 2011 15:29, by Garang Lual

        Hahahaha amazing, truth are floating up alone without any efforts, Mr Delta Bravo and George Bol thank you for revealing us your judgment capacity which show us how far our elites are still illiterates.
        Citation ‘We are new Nation this is the new begining. Without those Power our new Nation will fall back under such corrupted Official’. DeltaBravo from comment above.
        Being a new Nation doesn’t justify us to begin with ugly constitution like this, Mr Delta Bravo do you want to convince us that the previous six years of rampant corruption under leadership of Dr Salva Kiir ( PHD holder in ignorance from University of corruption technology Gogrial) was a great achievement and people of South Sudan are proud of Dr Salva that is why we should give him more powers to repeat what he has achieve, or you mean in the last six years Dr Salva was ignorant, ill-mannered, incompetent and innocent from all corruption allegations hang on his neck that is why we should give him another chance with more powers to curb his corrupt Dinka brothers in continuing on fraud acts.
        My advice to you Mr DeltaBravo, this is a State not a Luak (cattle camp) which always need powers, Open your mind and see experiences of others around the world you will realize where you went wrong.
        ‘If we give you permission to write the constitution of the ROSS,you will come up with zero because the constitution need clear thinking’,George Bol comment above.
        Mr George Bol let me forgive you because you don’t know what you are commenting on, do you mean South Sudan doesn’t have scholars who are eligible to write a sound constitution to people of South Sudan, that is why that ugly constitution was or what do you mean???? Or do you mean those of Molana John Luk the puppets of Dr Salva are the only clear thinkers ????
        Hi Mr George pays attention to your brothers who have critical capacity to do analysis in order to learn, don’t just rush emotionally comment idly.

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    • 8 July 2011 13:25, by AUGUSTINO DENG

      Hey Mr Garang Lual,

      I agree with you my dear. A leader is not a leader by his physical appearance,but a leader through his strong heart and trust which people laid upon him.

      Salva Kiir is not a leader completely.

      Thanks
      By Augustino Deng. Jech la mer from Tharpam.

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  • 8 July 2011 13:18, by AUGUSTINO DENG

    By the way, I have no clue about who should be given power? Is it Salva Kiir Miyardit or somebody else ? If Salva Kiir is the one whom people expected giving more power to him, then they are all wrong. Giving power to Salva Kiir is better than giving power to Omar Bashir who is our enemy if we don’t have anyone in Southern Sudan who is ready to free the southerners.

    By Augustino Deng. Jech la mer from Tharpam.

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  • 8 July 2011 13:39, by Runrach

    Oh my God ! I don’t think Mr. president would be exercising these overdosing powers given to him fairly and wisely to meet the entire citizens concerns and interests.On the other hand, even if the constitution allow him to fire an elected governors still gat Kuethpiny will not fired governors of the well resourced States as he is relying on them on financial support.I thought Mr. president should not do that at this earlier stage as it might make it worse for future political accreditation.However, let’s wait and see whether he will be doing good this time, but I badly doubted his political improvement.

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  • 8 July 2011 14:58, by Yunis justice

    Its really a shame for the new nation to start with a constitution which is going to develop unrest politically in the region.Extra powers to the president is now a bad governance phenomenon see what is taking place in the so called Arab spring most of the leaders had powers beyond what is required for there day to day running goverment they are now hostages of there own making why should GOSS start with a problematic constitution.Lets say a big NO and immediate constitutional review committe put in place with the aid of successful countries like Ghana and the like to learn from.

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  • 8 July 2011 15:03, by Wundit

    my advise to our president is that he should distant himself from ladies,specially Awut Deng Acchuil wife to late Dhol Achuil, of using her as your wife this attitude of going with women will spoil your image of being a leader.many people are not happy about that one please if there’s away to avoid that then do it immediately last year the same accusation with former Governor of western equatoria mrs Nunu that why she was voted out by that community of such characters i know absent minded people may say that am defaming the president but truth must be tell.

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    • 8 July 2011 17:29, by AUGUSTINO DENG

      Mr Wundit,

      Salva Kiir Miyardit is another Idda Amin, the president of Uganda. The problem of Salva Kiir with women is a very big problem. I wish if Salva Kiir mind about women very much, then he should have to give that position of presidency to another capable man whose heart is firm to lead the Southerners out of the hand of Arabs in Khartoum. We need a leader who minded about the welfar of his citizens, but not a leader who bend his mind down for his own problem.

      By Augustino Deng. Jech la mer from Tharpam.

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      • 8 July 2011 19:23, by True South Sudanese

        @Wundit,Augustino Deng,Garang Lual and the likes,
        Please and please try to make mature and realistics comments,lest you spoil your reputations and dignities.

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        • 9 July 2011 00:33, by Garang Lual

          Photocopy South Sudanese Puppet of Dr Salva:
          What do you mean by reputation and dignity?
          Do you know the meaning of reputation and dignity??
          Do you know the value of reputation and dignity???
          Do you know how people live in order to keep their reputation and dignity clean????
          Why your consciences wake up too late like that?????
          How could you ask about your reputation and dignity while your busy doing corruption see this paradox, please be reasonable.
          If you acquainted with all what I asked you, than please go to Dr Salva your corrupt uncle and tell him, he was mistaken when he decided to be trained as a PHD holder in philosophy of corruption in University of ignorance technology at Gogrial by his ministers, on top of them is his scholastic supervisor Dr Lual Achuek the head of corruption department and minister of petroleum in the last government of federal Sudan, so let him make sure he fire off all his university teachers and colleagues out of government and SPLM, and to make sure Bol Mel is handed to Anti-Corruption as a check to prove Anti corruption credibility and after you are certain he fulfill that, than you can come and ask us to restore the reputation and dignity of your corrupt uncle, if we people of south Sudan agree for that than he is lucky, but if not than for sure Dr Salva beyond doubt will be prosecuted for the crimes he committed against people of South Sudan ignorantly.

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  • 8 July 2011 15:15, by Rising of the Sun

    Well, we have the independence at last. No amount of powers given the president can stop us from fighting for our rights in the new nation.

    While it is true that South Sudan needs a strong leader with adequate powers to set the country on the right track, the current leader has proved that he is too ignorant, naive, corrupt, tribal, lack the vision and incapable of using these powers for the benefit of the South Sudanese people.
    Salva Kiir’s credibility has become terrible as a result of his style of leadership in the past six years and lack of will to tackle looting and robbery of South Sudanese wealth.
    He therefore doesn’t deserve to have all these powers.

    I highly doubt if South Sudan will be democratic under such an ignorant dictator whose record might rival that of Nigeria’s former dictator Sani Abacha.

    All said, we are not prepared to allow any fool to fool us again after independence.

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    • 8 July 2011 15:34, by Garang Lual

      Hahahaha amazing, truth are floating up alone without any efforts, Mr Delta Bravo and George Bol thank you for revealing us your judgment capacity which show us how far our elites are still illiterates.
      Citation ‘We are new Nation this is the new begining. Without those Power our new Nation will fall back under such corrupted Official’. DeltaBravo from comment above.
      Being a new Nation doesn’t justify us to begin with ugly constitution like this, Mr Delta Bravo do you want to convince us that the previous six years of rampant corruption under leadership of Dr Salva Kiir ( PHD holder in ignorance from University of corruption technology Gogrial) was a great achievement and people of South Sudan are proud of Dr Salva that is why we should give him more powers to repeat what he has achieve, or you mean in the last six years Dr Salva was ignorant, ill-mannered, incompetent and innocent from all corruption allegations hang on his neck that is why we should give him another chance with more powers to curb his corrupt Dinka brothers in continuing on fraud acts.
      My advice to you Mr DeltaBravo, this is a State not a Luak (cattle camp) which always need powers, Open your mind and see experiences of others around the world you will realize where you went wrong.
      ‘If we give you permission to write the constitution of the ROSS,you will come up with zero because the constitution need clear thinking’,George Bol comment above.
      Mr George Bol let me forgive you because you don’t know what you are commenting on, do you mean South Sudan doesn’t have scholars who are eligible to write a sound constitution to people of South Sudan, that is why that ugly constitution was or what do you mean???? Or do you mean those of Molana John Luk the puppets of Dr Salva are the only clear thinkers ????
      Hi Mr George pays attention to your brothers who have critical capacity to do analysis in order to learn, don’t just rush emotionally and comment idly.

      repondre message

      • 8 July 2011 16:47, by jacob mayen ajuoi

        aim also very happy with this constitution powers should be given to president,our eyes are now open we wont to see how the president ’s going to handle these situation,sometime back people use to defected from SPLA/SPLM to Khartoum government but now there ’s no road to Khartoum.secondly my advise goes to president they powers are the government.

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        • 8 July 2011 23:00, by mazer

          the real traitors are those southerners or northerners that dint work together as two sepertste companies and forgot about the oegacy of ancient meroe sudan nubia who built the pryamids in sudan (gohsts)

          follow me dollh on sudan.net discussions and mailith and uncouncious lady and also on south sudan.net discusioions were we millions of sudanese talk about sudanese politics everyday dont get affected by green signs

          sudan.net discussion or southudan.net discussions

          wirk for africa

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        • 8 July 2011 23:01, by mazer

          hope he works great for the future of sudan
          From mameses 2 great work of Arh the origins of ancient egyptians and ancient nubians of sudan meroe weth 5000 year legacy of the nile-valley
          lay in south sudan
          is sudan state
          but we who came from south sudan and abyssinya and puh ouce of the nile built kerma meroe ancient egypt and nubia sudan we are legends still are
          were winners built ancient egypt and ancient sudan
          3000 year legacy we built a legacy follow our footsteps of the nile-valley
          unification
          but two seperate states north south united in sharing oil resources
          follow our footsteps unification you can do it below
          http://www.youtube.com/watch?v=b4nC...
          http://www.youtube.com/watch?v=GBHg...
          http://www.youtube.com/watch?v=vZve...
          i got a dream from rameses 2
          he says sudan has failed for 500 years
          since the fall of ancient nubia
          and ancient egypt from the blacks 3000 year legacy unification
          but there is nothing we can do
          its up to you
          but follow dollyh on sudan.net
          and malith the great southern sudanese on a daily bases for our thoughts
          on how to rebuild sudan
          as twon proserous nations united in sharing oil resources to make region prosper
          also think of alliance with nuclear india for military future seurity
          its me dollyh
          fly who was a great fan of michael jackson and lovecd ancient egypt and ancient sudan has passed away june 29
          but dot worryu follow me dollyh and new heroes justin beiber and willow smith on twitter
          Subject: from dollyh of sudan.net hese user Fly who was british and egyptian sudanese has passed away june 29 who cares he doesnt really exist but michael passed away he loved the uk so much thats why he wanted to perform on July 2009 Mj passed away moven lovely uk fly and Mj both passed away look to a new hero now justin beiber or lady gaga love uk from bieber fans dollyh
          To: viewerr@bskyb.com
          Date: Friday, 8 July, 2011, 17:55
          hese user Fly pass away June 29
          FROM UK AND SUDAN
          http://www.sudanforum.net/member.ph...
          there something preventing me from speaking to sky press i cant tell you
          now michael jackson also pass away
          http://www.youtube.com/watch?v=OC2Z...
          http://www.youtube.com/watch?v=dZTq...
          LEGACY HE LEFT
          http://www.youtube.com/watch?v=AQMo...
          AND HIS TRIBUTE
          michael loved the uk hes gone now like fly who was also from uk and egypt sudan passed away learn to MOVE ON uk love
          http://www.youtube.com/watch?v=tOBR...
          no more AREOPLANES
          if you want to speak to me dollyh
          http://www.sudanforum.net/member.ph...
          follow me on sudan.net or facebook
          michael jackson heaven now he loved uk so much
          but dont worry new hero justin beiber or lady gaga follow them this new era
          love uk beiber fans now look to beiber
          fly and michael jackson passed away move on
          cat speak to sky press forget about me and follow
          follow or new hero progress love uk
          Justin Bieber (justinbieber) on Twitter
          twitter.com/justinbieber - Cached
          Justin Bieber (justinbieber) is on Twitter. Sign up for Twitter to follow Justin Bieber(justinbieber) and get their latest updates.
          Justin Bieber (iJu
          or willow smih on twitter
          alwillow
          ?
          Willow Smith Fans (WillowWatch) on Twitter
          twitter.com/WillowWatch - Cached
          dollyh has message from rameses 2 move on fly passed away the guy the world loved so much why (does he really exist) michael jackson passed away move on but follow me dollyh on sudan.net and malith on sudan.net and south sudan.net discussions were millions of sudan speak on improving sudan everyday
          new era fly passed aawy june 29 like micharel jackson but follow me dollyh and malith on sudan.net and south sudan.net discussions everyday
          sudan.net
          south south sudan.net discussions
          follow us dollyh and malith and uncouncious lady everyday
          REPLY TO THIS MESSAGE

          http://www.unison.org.uk/?gclid=CO2ozszQ8qkCFcVO4QodGTFMVw

          repondre message

  • 9 July 2011 02:25, by Emmanuel Gore

    As a Southern Sudanese, reading through some of the articles and the strong, ethnically charged reactions in this social forum makes me sad. This is a social forum that is followed by many people across the globe. Now, is it desirable that we display our dirty linen in public? My comment is really directed at Sudan Tribune. I think what is needed is that Sudan Tribune devise some criteria for posting articles, and comments on this social forum. Indeed some of the articles and reactions embarrass universal standards of civility, and of communicating your opinion in a manner that accounts for the "benefit of doubt" to say the least. In other words, what is being debated is as the title betrays "an interim constitution!" So I call upon my fellow country men and women to chill, and enjoy this historic moment of finally having your own nation, while being mindful of the over two million martyrs. Nations are not built up over night. Thanks!

    repondre message

    • 9 July 2011 11:13, by Yunis justice

      Its good to display the dirty linen so that extra efforts can emanate for sound laundry

      repondre message

      • 9 July 2011 11:39, by dakin

        I think you are one and part of that dirty linen(corruption).
        Your advice is horrible

        repondre message

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