1 No. 35 of 2011 FIFTH NATIONAL ASSEMBLY PARLIAMENTARY DEBATES (HANSARD) FIRST SESSION WEDNESDAY 07 DECEMBER 2011 2 CONTENTS PAPERS LAID QUESTION (ORAL) MOTION BILL (Public) ADJOURNMENT 3 Members Members THE CABINET (Formed by Dr. the Hon. Navinchandra Ramgoolam) Dr. the Hon. Navinchandra Ramgoolam, GCSK, Prime Minister, Minister of Defence, Home FRCP Affairs and External Communications Dr. the Hon. Ahmed Rashid Beebeejaun, GCSK, Deputy Prime Minister, Minister of Energy and FRCP Public Utilities Hon. Charles Gaëtan Xavier-Luc Duval, GCSK Vice-Prime Minister, Minister of Finance and Economic Development Hon. Anil Kumar Bachoo, GOSK Vice-Prime Minister, Minister of Public Infrastructure, National Development Unit, Land Transport and Shipping Dr. the Hon. Arvin Boolell, GOSK Minister of Foreign Affairs, Regional Integration and International Trade Dr. the Hon. Abu Twalib Kasenally, FRCS Minister of Housing and Lands Hon. Mrs Sheilabai Bappoo, GOSK Minister of Social Security, National Solidarity and Reform Institutions Dr. the Hon. Vasant Kumar Bunwaree Minister of Education and Human Resources Hon. Satya Veyash Faugoo Minister of Agro-Industry and Food Security Hon. Devanand Virahsawmy, GOSK Minister of Environment and Sustainable Development Dr. the Hon. Rajeshwar Jeetah Minister of Tertiary Education, Science, Research and Technology Hon. Tassarajen Pillay Chedumbrum Minister of Information and Communication Technology Hon. Louis Joseph Von-Mally, GOSK Minister of Fisheries and Rodrigues Hon. Satyaprakash Ritoo Minister of Youth and Sports Hon. Louis Hervé Aimée Minister of Local Government and Outer Islands Hon. Mookhesswur Choonee Minister of Arts and Culture Hon. Shakeel Ahmed Yousuf Abdul Razack Mohamed Minister of Labour, Industrial Relations and Employment Hon. Yatindra Nath Varma Attorney General 4 Hon. John Michaël Tzoun Sao Yeung Sik Yuen Minister of Tourism and Leisure Hon. Lormus Bundhoo Minister of Health and Quality of Life Hon. Sayyad Abd-Al-Cader Sayed-Hossen Minister of Industry, Commerce and Consumer Protection Hon. Surendra Dayal Minister of Social Integration and Economic Empowerment Hon. Jangbahadoorsing Iswurdeo Mola Minister of Business, Enterprise Roopchand Seetaram and Cooperatives Hon. Mrs Maria Francesca Mireille Martin Minister of Gender Equality, Child Development and Family Welfare Hon. Sutyadeo Moutia Minister of Civil Service and Administrative Reforms 5 PRINCIPAL OFFICERS AND OFFICIALS Mr Speaker Purryag, Hon. Rajkeswur, GCSK, GOSK Deputy Speaker Roopun, Hon. Prithvirajsing Deputy Chairperson of Committees Deerpalsing, Hon. Ms Kumaree Rajeshree Clerk of the National Assembly Dowlutta, Mr R. Ranjit Deputy Clerk Lotun, Mrs B. Safeena Clerk Assistant Ramchurn, Ms Urmeelah Devi Hansard Editor Jankee, Mrs Chitra Senior Library Officer Pallen, Mr Noël Sergeant-at-Arms Munroop, Mr Kishore MAURITIUS Fifth National Assembly --------------- FIRST SESSION --------- Debate No. 35 of 2011 Sitting of 07 December 2011 The Assembly met in the Assembly House, Port Louis, 6 at 11.30 a.m. The National Anthem was played (Mr Speaker in the Chair) 7 PAPERS LAID The Prime Minister: Sir, the Papers have been laid on the Table – A. Ministry of Finance and Economic Development – The Annual Report of the Board of Investment for the period July 2009 to December 2010. B. Ministry of Social Integration and Economic Empowerment – The National Economic and Social Council Report 18 − November 2011 – Social Integration of Stigmatised Vulnerable Groups. 8 ORAL ANSWER TO QUESTION TRUTH & JUSTICE COMMISSION – RECOMMENDATIONS - ESTIMATED COST The Leader of the Opposition (Mr P. Bérenger) (by Private Notice Question) asked the Prime Minister, Minister of Defence, Home Affairs and External Communications whether, in regard to the Truth and Justice Commission, he will state the – (a) recommendations thereof which Government proposes to implement, including if Government proposes to implement the recommendation for reparation by way of positive discrimination and by way of an integrated rehabilitation plan, in lieu of cash compensation, indicating, in each case – (i) the time frame set out therefor; (ii) the estimated cost thereof, and (iii) how same will be funded, and (b) total amount of money spent on the Commission’s work. The Prime Minister: Mr Speaker, Sir, right at the outset, let me remind the House that the intention of Government to set up a Truth and Justice Commission was clearly stated in our Government Programme 2005-2010. I quote from section 231: “In order to address issues pertaining to historical grievances, Government will set up a Truth and Justice Commission to establish the facts regarding slavery and indentured labourers and to make recommendations with respect to reparations for the descendants of slaves and indentured labourers.” Mr Speaker, Sir, during an official visit to South Africa, I met Archbishop Desmond Tutu. I asked him about setting up a Truth and Justice Commission as they have done in South Africa and he suggested a few names of persons who could chair the Truth and Justice Commission. These names included those of Professor Robert SHELL and Dr. Alex Boraine. In addition, I want to thank Archbishop Desmond Tutu for having helped us. The Truth and Justice Commission was set up in March 2009 following the coming into force of the Truth and Justice Commission Act, No. 28 of 2008. The mandate of the Commission as provided in the Act was to - (a) conduct inquiries into slavery and indentured labour in Mauritius during the colonial period and, may, for that purpose, gather information and receive evidence from any person; 9 (b) determine appropriate measures to be extended to descendants of slaves and indentured labourers; (c) enquire into a complaint other than a frivolous and vexatious complaint, made by any person aggrieved by a dispossession or prescription of any land in which he claims he had an interest, and (d) prepare a comprehensive report of its activities and findings, based on factual and objective information and evidence received by it and submit the report to the President. In accordance with the Act, the Commission was to complete its assignment within a period of two years after a preparatory period of three months. The initial composition of the Commission was as follows - Chairperson: Prof Robert Shell Vice Chairperson: Dr. (Mrs) Vijaya Teelock Members: Mr Lindsay Morvan Mr Benjamin Moutou Prof Parmaseeven Veerapen During the first months of its coming into operation, the Commission, Mr Speaker, Sir, had experienced functional difficulties in view of the fact that Professor Shell was not in a position to assume full-time the chairmanship of the Commission due to some unforeseen circumstances. He only managed to come on three occasions and set up a task force under his chairmanship. Given that it was becoming apparent that he would not be able to devote himself full time to the Commission, I spoke to Archbishop Desmond Tutu again when I met him in Brussels and he confirmed then that Dr. Alex Boraine would be an appropriate choice to take over the chair of the Commission. Dr. Alex Boraine is an eminent Professor of Law, of South African origin, who was one of the main architects of the Truth and Reconciliation Commission in South Africa. He was appointed in November 2009. In April 2010, Mr Lindsay Morvan resigned as Member of the Commission for personal reasons and he was replaced by Mr Jacques David in July 2011. The Commission invited the public at large, through a public notice, to submit cases in line with its mandate. Subsequently, more than 400 cases were received and during the past two years, the Commission held 230 hearing sessions, including 28 in Rodrigues. Besides, in order to carry out its assignment, the Commission embarked upon a number of Research 10 projects, assisted by a pool of 90 Researchers/Research Assistants appointed for that purpose. The projects were as follows - (i) Slave Trade and Indentured Immigration (ii) The Economics of slavery and indenture (iii) Land Issues (iv) Culture, Ethnicity and Identity (v) Health (vi) Education (vii) Demographic history and spatial distribution (viii) Monitoring and Communication of the Commission (ix) Rodrigues, Agalega and Chagos. The Commission which was initially to complete its assignment in June of this year requested, mostly for administrative reasons, for an extension up to end of September 2011, followed by a further request for an extension up to October 2011 and finally up to 25 November 2011. The Commission completed its assignment and submitted its report to the President on Friday 25 November 2011. In accordance with Section 13(3) of the Truth and Justice Commission Act, the President has caused the report to be laid before the National Assembly on 28 November 2011 - that is, Monday of last week. Mr Speaker, Sir, in regard to part (a) of the question, the House will appreciate that procedures and practices need to be followed when such reports are submitted, as they need first and foremost to be studied by Government in all its details and from all angles. I think it is beyond reason to assume that informed decisions could be taken within a week of receipt of a four-volume and two CD’s Report which I have in front me so that Members can see the volume that is involved. Mr Speaker, Sir, the House will recall that as recently as this early morning, we were discussing constitutional amendments relating to “positive” discrimination. It is not realistic to assume that a decision, within such a short time since the report was submitted, the implications of such positive discrimination will have been fully studied and decisions thereon made by the Government. Mr Speaker, Sir, in regard to part (b) of the question, the total sum spent on the Commission’s work stands at Rs59,780,601.88. 11 Mr Bérenger: Mr Speaker, Sir, the Commission has opted for reparation by way of positive discrimination and an integrated rehabilitation plan in lieu of cash compensation. Can I know whether Government took a stand on the issue of cash compensation before the Commission? The Prime Minister: No.