He wanted the commission to be called the Truth, Justice and Reconciliation Commission, it will be known as the Truth and Justice Commission. Robert Shell thinks the length of the commission should span over ?two electoral periods? (some ten years) ? it will actually last 24 months (2 years). Robert Shell, future president of the Truth and Justice Commission, has been waiting for the terms of reference of the commission to be sent to him (presumably he was also expecting Government to consult him before drafting the bill) ? the bill was introduced in Parliament on Tuesday.

But all this is beside the point; the point being that the much promised - and much awaited ? commission is on its way. In spite of the communication problems. This however begs a fundamental question ? How does one define truth? How does one define justice? Particularly in relation to racism and bonded labour?

We will find out soon enough. The objectives of the commission that will be set up after the proclamation of the Bill are very ambitious and seek to make ?an assessment of the consequences of slavery and indentured labour during the colonial period up to the present.?

To do so, the commission, which will consist of a chairperson, a vice-chairperson and three other members to be appointed by the president of the Republic, will conduct inquiries into ?slavery and indentured labour? by ?gathering information and receiving evidence from any person? and will at the end of its mandate, prepare a comprehensive report of its activities and findings and submit this report to the president of the Republic.

If the bill leaves it up to the commission to determine how exactly it will go about gathering information, it provides for the powers of the to-be commission. The commission may ?visit any establishment or place, enter land or premises to gather information or inspect property?, take copies of, or extracts from, any document, summon ?any witness and examine him on oath and call for the production of any document or article? and, with the approval of the Prime minister, seek assistance from the relevant authority of a foreign country through diplomatic channels to receive evidence or gather information in that country.

Social justice and national unity

If the commission makes a request for the disclosure of a document and that the person who has the custody of the said document does not consent to its disclosure, the commission will have the power to make an application to the judge in Chambers asking for an order of disclosure of the document. The commission will also be allowed police assistance in the enforcement of its powers.

To do what, you might ask. Well, the commission will also be competent to enquire, ?into a complaint other than a frivolous and vexations complaint, made by any person aggrieved by a dispossession or prescription of any land in which he claims he had an interest?.

Now, what happens if the commission summons you as witness and you refuse to go? Any witness summoned to attend and give evidence or to produce a document ?shall obey the summons served upon him in all respects as a witness obeys a summons issued from the Supreme Court?.

What?s also good to know is that a person who ?fails to attend the commission after having been required to do so?, or who ?refuses to take an oath before the commission or to answer fully and satisfactorily or to produce any document when required to do so? or who ?knowingly gives false evidence or evidence he knows to be misleading to the commission? or insults a member of the commission or interrupts the proceedings, will have committed an offence and ?shall, on conviction, be liable to a fine not exceeding Rs 10,000 and to an imprisonment not exceeding one year.?

If this sounds harsh, it is all for a good cause ? the object of the bill is to eventually come up with recommendations on measures to be taken with a view to ?achieving social justice and national unity.?

How this will be done is left to the commission to decide. Professor Robert Shell admits, in an interview to Mauritian Times, that ?it will be pain, pain and hope.?

There is however a bone of contention; while some like Sylvio Michel think that the only way to achieve this is through a cash compensation to descendants of slaves, Professor Shell thinks more in the long run ? ?I would prefer people to think of the commission?s results in terms of a legacy of egalitarianism with measurable, dated and benchmarked improvements in the educational system.?

For what it?s worth, the annual report of the National Human Rights Commission 2007 says regarding the setting up of the commission that the ?international trend is not to award direct financial compensation, but to set up schemes to help the rehabilitation of those who have suffered.?

Much more sensible, really.