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19 March 2021 | Story Mosa Moerane
Mosa Moerane
Mosa Moerane from the UFS Liaison, Advocacy and Awareness Officer at CUADS

by Mosa Moerane, Liaison, Advocacy and Awareness Officer at CUADS

Annually, the month of March marks Human Rights Month in South Africa. This month also commemorates the Sharpeville massacre that took place on 21 March 1960, where police opened fire on a group of protesters who sought the banning of the repressive pass laws of that era. Sixty-nine people were killed. We honour their sacrifice by, firstly, observing Human Rights Month and, secondly, persistently seeking to ensure that we dismantle systems that uphold and maintain the status quo so that nobody has to protest in order to have their voices and needs heard and addressed. We acknowledge that we are still some distance from this ideal.

It is against this background that the article seeks to invite some thinking around disability rights and disability justice within higher education. According to the World Health Organisation (WHO), people with disabilities make up 15% of the world population. Disability transcends gender, class, race, and origin. However, society appears to be constructed to negate this fact.

South Africa is party to international laws and agreements such as the United Nations Convention on the Rights of Persons with Disabilities (CRPD) of 2006, which South Africa ratified in 2007. This means that the country accepts all the legal obligations imposed by this instrument. The CRPD seeks to promote, protect, and ensure the full and equal enjoyment of all human rights by persons with disabilities. According to the CRPD, persons with disabilities include those who have long-term physical, mental, intellectual, or sensory impairments, which, in interaction with various barriers, may obstruct their full and effective participation in society on an equal basis. This is a clear recognition that persons with disabilities are equal and valuable members of society and should be recognised in all aspects of life. There is no single definition of disability that has achieved international consensus, since the concept of disability is evolving. The concept evolved from the initial charity or welfare approach that viewed persons with disabilities as objects of pity who required help, to the medical approach that sought to treat the disability in isolation, to the current social and human rights approach.

Universal Access in Higher Education
Universal access addresses, among others, structural barriers such as accessibility to facilities and infrastructure, the lack of support services or technology, the lack of availability of information in accessible formats, and the lack of reasonable accommodation in schools and workplaces. To this end, it is imperative that we align ourselves with the values of universal accessibility and universal design. Universal access is when the focus of attention is shifted from the individual with the disability to the environment in which they live. In this instance, universal access demands that the environment and society be more adaptable and flexible. The universal access approach conceptualises a disability as an experience where the environment in which a person functions or interacts is inaccessible, and may include social, attitudinal, learning, administrative, and physical barriers for a student. Therefore, while universal access does benefit people with disabilities, other demographics of people enjoy the advantages brought about by this approach.

Let us use two examples to illustrate this: Firstly, ramps are indeed useful for wheelchair users and people who use canes/crutches to gain entry to buildings. However, it is also useful for students and professionals who may regularly cart around large volumes of documents, files, and/or books – hello Accounting students! The second example is one highlighted by the current COVID-19 pandemic: creating opportunities for multiple methods of submitting assessments. In responding to the pressures and threat that COVID-19 posed for the academic year, it quickly became obvious that the stringent methods of assessment that we were accustomed to would simply not suffice, as students grappled with varying degrees of access to equipment and infrastructure in order to make these submissions. Therefore, more academic staff embraced and opened opportunities for submissions through alternative platforms that require significantly less data and is therefore less expensive. While this was helpful to students who faced unprecedented pressure due to lack of access to university computer labs, it also expanded the opportunities for more diverse student-teacher engagement beyond the often-inaccessible methods previously available.

Universally Accessible Communication
With the advent of COVID-19, various institutions have embarked on aggressive communication campaigns to ensure that they convey their messages as clearly and to as wide an audience as possible. However, unfortunately these were not always successful, as they often failed to prioritise people with disabilities by not ensuring that the methods of communication were accessible to all. For example, in order to simplify the message of COVID-19 transmission, a lot of organisations developed animation videos. However, these videos would either have audio not accompanied by closed captions/subtitles, which resulted in deaf, hard-of-hearing, and deafened members of our communities not being able to access the message. Alternatively, the video would only have subtitles, thereby excluding blind and partially sighted people.

This finally brings us to the crux of this article: to encourage all of us to treat universal access as the primary approach of communication in order to avoid the exclusion of significant sections of society. This approach further ensures that the constitutionally mandated right of access to information is upheld for all people. Access to information is vital to ensure maximum participation and opportunities for success, particularly for those who have previously been denied their human rights – such as persons with disabilities, through ostracism, exclusion, and discrimination.

In keeping with the UFS Language Policy, our university communication is conveyed in English. However, statistically speaking, the majority of the university staff and students indicate English as their second and sometimes even third language. To this end, a universally accessible strategy would improve the quality of communication and encourage wider engagement if it employed multiple methods of conveyance, for example, audio, closed captions, and screen-reading software, and (where material is printed for distribution) different formats should be available, such as electronic text, Braille or enlarged font. The reason for this is that we all have different styles of learning and understanding; creating opportunities to cater for this variety serves to accomplish – instead of deterring – the ideal that the Integrated Transformation Plan (ITP) articulates as “a transformed university which strives for social justice in everything it does.”

To this end, the Centre for Universal Access and Disability Support (CUADS) at the University of the Free State has developed the Universal Access Checklist in an effort to equip and support the university community, as it continuously strives to create and cultivate a demonstrably inclusive culture. The Universal Access Checklist is a useful resource for planning a variety of in-person and virtual events and situations. It seeks to express, in a simple manner, the basic elements to achieve accessibility in our various endeavours – whether in the planning of events, communicating vital information, or creating resources. The Universal Access Checklist can therefore be used in a variety of situations. CUADS is also available to provide training and support on this document to faculties, divisions, and departments seeking it. Requests and enquiries can be sent to MoeraneMM@ufs.ac.za

CUADS contact information
Email: cuads@ufs.ac.za
Bloemfontein Campus: MirandaMH@ufs.ac.za / +27 51 401 3713
Qwaqwa Campus: ThuloTB@ufs.ac.za / +27 58 718 5189
South Campus: MotaungEG@ufs.ac.za / +27 51 505 1355
Facebook: Centre for Universal Access and Disability Support (CUADS)

CUADS offers academic support to students and staff with disabilities through services such as:

Disability Support Programme, which entails the provision of specialist and a holistic coordinated approach in student support, while also availing information for data collection and reporting purposes.  The aim of the programme is to create enabling environments that empower students with disabilities to participate equally.  
• Accessible Transport Programme, which includes the provision of accessible transport to students with disabilities between the Bloemfontein and South Campuses.
• Liaison, Awareness and Advocacy Programme for the development of awareness and advocacy for persons with disabilities across all three campuses. Partnerships here are the Centre for Teaching and Learning, Student Life, and Communities.
• Staff with Disabilities Programme to advance optimal support for staff members with disabilities, together with Human Resources.
• Staff Development and Training Programme in partnership with Human Resources, to develop an institutional knowledge-based culture of mindfulness regarding the diverse student population of the UFS.
• Accessibility Programme to ensure access to all buildings and facilities for all users according to the principles of Universal Access and Universal Design, together with University Grounds and Estates.
• Accessible Study Material Production Programme for the provision of academic support through the coordination and production of accessible learning material and lectures with academic departments and lecturers.
• Communication Access Programme for the provision of academic support through the facilitation and coordination of communication access together with Interpreter Services.
• Alternative Assessment Programme by facilitating and coordinating alternative assessment options together with the Examination Division and Student Development and Counselling.
• Student Academic Support Programme to move away from all academic support services to persons with disabilities predominantly being the responsibility of CUADS in collaboration with the Centre for Teaching and Learning – WriteSite, A_Step Programme.

News Archive

Researcher finds ways to serve justice efficiently
2016-01-07

Description: Prof Monwabisi Ralarala  Tags: Prof Monwabisi Ralarala

Prof Monwabisi Ralarala tackled the serving of justice from a linguistic viewpoint.
Photo: Supplied

In 2012, local and international media was saturated with reports of the Eugène Terre’Blanche murder trial. At the judgment, Judge John Horn read a lengthy extensive document, of which three pages were dedicated to voicing his concern about how police officers distort statements in the process of translation. Considering the fact that statements are the entry points to the criminal justice system, Prof Monwabisi Ralarala’s attention was drawn to the negative impact such distortion had insofar as the administration of justice was concerned. Of the three PhD degrees conferred by the University of the Free State (UFS) Faculty of Humanities at the 2015 Summer Graduation, one was in Language Practice with Prof Ralarala’s name on it.

Prof Ralarala’s research interests in language rights, forensic linguistics, and translation studies led him to use the Terre’Blanche trial as the basis for his second PhD case study titled: Implications and explications of police translation of complainants' sworn statements: evidence lost in translation. The doctoral dissertation focused on police stations in the Xhosa-speaking community of Khayelitsha in Cape Town.

Language and the law

When the victim of a crime approaches the South African Police Services (SAPS), the requirements are that a sworn statement be taken. However, as a prerequisite, the narration needs to be translated into English.  “The process unfolds in this manner: the complainant or the person laying the charges speaks in a language that they understand, and then the police officers translate that information into English because English is still the de facto language of record,” explained Prof Ralarala.

In the process of translation, the original narrative is lost, and so is some of the evidence. “They [the statements] have to be packaged in a certain way, in the form of a summary. As a police officer, you have to discard all the original narrative and create another narrative which is in English,” added the Associate Professor and Institutional Language Coordinator at the Cape Peninsula University of Technology.

Evidence is the basis of any court case and, when it is translated by police officers who do not hold the credentials of professional translators, a problem inevitably arises.

Because police officers are not trained in translation, “Some of the statements are filled with distortions, changing of information all together. In some cases, one would come across a case which was initially an assault but then - through the change and transformation, re-narration, retelling of the story by someone else - it becomes a case of attempted murder.”

Considering that a statement determines a suspect’s fate, it becomes all the more important to ensure that accuracy is upheld.

His internal and external supervisors, Prof Kobus Marais and Prof Russel Kaschula from the UFS and Rhodes University respectively stated that his PhD work has been hailed as a gem by international scholars. “According to one international assessor, he has made an exceptional contribution to the humanities and social sciences in general and to the fields of linguistics and translation studies in particular.”

Reshaping the landscape

According to Prof Ralarala, there are huge gaps in the translated versions of statements which create a problem when a ruling is made. Some of the recommendations put forward in his dissertation to bridge that gap are:

• to review the language policy insofar as the criminal justice system is concerned. The languages we speak are official and constitutionally embraced, and they hold the same status as English, hence they need to be used in criminal justice processes;
• to revisit the constitution and review if the provisions made for the Nguni languages are implemented;
• to supplement paper and pen with technology such as tape recorders. Statements can be revisited in cases where a controversy arises;
• to deploy professional translators and interpreters at police stations;
• to design a manual for police officers which contains all the techniques on how a statement should be taken.
• to enforce constitutional  provisions in order to reinforce the language implementation plan in as far as African languages are concerned .

These recommendations serve to undo or eliminate any perceived injustices perpetuated and institutionalised by current linguistic and formal practices in South Africa's criminal justice system.

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