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Subject:
From:
Haruna Darbo <[log in to unmask]>
Reply To:
The Gambia and related-issues mailing list <[log in to unmask]>
Date:
Sun, 9 Sep 2007 13:53:27 EDT
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Allahumma Aamannaa bimaa anthalta wattabaana Rasula faqfirnaa Maa 'A  
Ssaadiqeen!!!
 
Suntou, I think this is a valuable exercise. I will sit by the side and  
listen to be further educated. In parallel, I will discuss this idea of the rule  
of LAW and how you gauge a politician's commitment to it since my dear friend  
Lamin has been most interested in that area. I must say here that I am of  
similar dispensation as Lamin (JDAM) for I believe that the basic tenets of  
democracy is governance without fear or favour. The only way you can accomplish  
that in a heterogeneous society (Gambia is a heterogeneous society), is to  
train on the common constitution.
 
A constitution in its basic form is an instrument of governance which has  
drawn on the traditions, administrative norms, and cultures of its  constitutive 
interests. A constitution does not just happen on a people. So  right off the 
bat, we should reject any notion or pronouncement of any  politician who 
abandons any or all of the constitutive groups. A pronouncement  or declaration 
such as that only shares non-commitment to the rule of  constitutional law. If 
any one of our fellow citizens insists on such  declaration, we must therefore 
query which or what law are they committed to put  in order???? We must also 
let our fellow citizens speak for themselves because  when we pretend to speak 
for them, we may err or malign their intents and  dispositions. Do not let a 
fellow citizen speak on behalf of another unless the  spoken-for is infirm of 
mind and body and or has explicitly conferred such  agency on the speaking 
citizen. Any citizen may forward prior literature or  speech that is not 
burdensome in comprehension or bear unreasonably on the  citizens' time to review, and 
that shares their dispensation if indeed they have  not changed their minds 
since that literature or speech.
 
We continue.
 
The constitutions of all states, countries, and nations are general  codes of 
human conduct and where they differ, are distillations of unique  interests 
and geography of their peoples. The way that is achieved is by  constitutional 
review committees taken from the various interest in order that  all the 
constitutive groups' norms, traditions, and cultures are taken into  account. No 
human has the authority to introduce in any society, a foreign  constitution 
whose edicts are not germaine to the society in which it is to  be introduced. I 
am speaking English and very slowly so that I don't leave any  citizen behind 
in this conversation.
 
We have experiments afoot in Herzegovina, Croatia, Iraq, Bulawayo, Darfur,  
Freetown, Aljazair, Ankara, Suomi, and Malmo on this idea. We will all  witness 
the designs. The reason why there is separation of state and religion is  
that prophets get revelations from Allah or so they share with us, and  they 
translate that to implicit agency from GOD. However, there is not  just one 
religion, and the laws of religion are not constitutive. That is they  do not aspire 
to nor do they represent the interests of all mankind and there is  not one 
country where only muslims or christians live. I submit therefore  that 
imposing religious law on any society is heresy as Allah/God has advised  believers. 
Religion is for divine living and salvation in the heavens. Inna  Llaah uhibbu 
Llethina, Ukhaatiluun fii sabee Lihee Saffan, Ka Annahum bunyaanun  marsoos. 
Therefore, religious law was not and cannot be meant for heterogeneous  life 
on earth.
When we all go to the heavens, we will be separated into our constitutive  
groups while on earth and we will be judged according to our groups and our  
persons within that group. That is why we are buried in our group or family  
cemetries and in our own countries where possible and desired. A muslim will not  
be judged alongside a christian, an African will not be judged alongside a  
European, a monkey will not be judged alongside a hyena. Religion is the way it  
is because of those fears. I advise those who are trained on Islam to 
endeavour  to be good muslims and those who are trained on Christianity to endeavour 
to be  good Christians. Likewise for all other religions and schools of 
divinity  proper.
 
Now back to governance in a heterogeneous society; We have the weak and the  
strong. The seeing and the blind. The hearing and the deaf. The speaking and 
the  infirm of speech. The able-bodied and the physically challenged or the  
paraplegics. These maladies or differences cut across tribes, ethnicities, and  
religions. We also have the animals, the rivers, the lakes, oceans, the sky, 
and  the atmosphere. And we have the plants. All these entities and humans live 
in  energy cycles for sustenance and growth. The desire for governance 
therefore is  to enhance these cyclical synergies (recyclable energies) to extend 
their lives  and worth for the entire earth system. It is for these local 
differences that  constitutive law addresses. It speaks for the infirm of speech. It 
listens to  the deaf. It enables the physically challenged, it acts as a 
Lingua Franca among  its contitutive languages, it stores water for droughts, it 
culls agents of  disease and disorder (entropy). Pray tell, all citizens of any 
nation, state, or  country are necessarily committed to the rule of 
constitutional law and only  where it is aversed reveals the unequal commitment among 
us. That is the  principle in jurisprudence of innocent until proven guilty. 
Not  until presumed guilty. The banter that any one citizen is therefore more  
committed to the rule of law, especially one who has not ruled yet, is simply  
sophomoric and disingenuous. And it ought not be given a farthing's worth of  
consideration. A constitution by its very nature, is self-regenerative in that 
 it has its own checks and balances to assure sustenance of life. Make no  
mistake, we do not have a constitutional government in Gambia presently. What I  
share here is that in the pursuit of the rule of law, all citizens are 
equally  committed to it. Any insinuation or declaration otherwise is vainglory and  
disingenuity.
 
I am taking my son to pick up trash, clean the yard, and mow the grass for  
now. We will then see Taiga, Stricker, Villegas, Furyk, Rose, and  Baddeley 
playing golf at the BMW Championship in Chicago now and I  will rejoin you later 
Allah willing!
 
Haroun Masoud MQDT Darbo.
 there is no way for us to verify  



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