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"I welcome the democratic process allowing all sections of society to express their views on the proposed legislation. The debate taking place is, in itself, helping the nation to understand that reconciliation is a difficult but necessary process." (on the government's controversial plans to set up a Commission empowered to compensate victims and pardon perpetrators of the political upheaval of 2000).

 

Ratu Josefa Iloilo

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I also am concerned about judges who imagine they see everything in society addressed in the Constitution. It is worth remembering that the Constitution is a very brief document. It defines the structure and authority of the federal government and protects a limited list of sacred rights. It does not, and was never intended to, address every legal issue that might arise in our nation’s history. Democracy is well-served when the Court says, in effect, "the Constitution simply does not comment on this issue." In contrast, constitutionalizing an issue takes it out of the democratic process. If the people disagree with a court decision based on the law, they have a remedy in the political process. Through their elected representatives, they can change the law. But once a court declares a law to be unconstitutional or prohibits some agency action on constitutional grounds, it is limiting the options of the people. Such a step should be taken only where it is clear that the Constitution has truly spoken on the issue and forbidden what the political branches have determined to do.

 

Alberto Gonzales

 

"The current provisions in the Bill purporting to promote reconciliation are seriously flawed. There should be clear provisions for those appearing before the reconciliation commission to admit the truth under oath and to divulge all that they know about the events of 2000." (2 August 2005)

 

Mahendra Chaudhry

 

"Touted as a legislation that will promote unity, it has done exactly the opposite. It has divided this country, apparently and sadly along racial lines." (on the government's controversial Reconciliation, Tolerance, and Unity Bill, which Ganilau opposes).

 

Ratu Epeli Ganilau

 

"Without [the coup perpetrators] divulging the information they have, there can not really be any reconciliation. It will merely be a vehicle for them to escape justice as is the provision in the current Bill. There is no compulsion on them to come and tell the truth to the Commission about what actually happened, who were behind it, who were the key figures?" (2 August 2005)

 

Mahendra Chaudhry

 

"The hurt is still with us, something we do not openly discuss but this government has not attempted to include us in any of their reconciliation process."

 

Adi Ateca Ganilau