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20 July 2023 | Story Prof Theodorus du Plessis | Photo Supplied
Prof Theo du Plessis
Prof Theodorus du Plessis is Professor Emeritus in the Department of South African Sign Language and Deaf Studies at the University of the Free State (UFS).


Opinion article by Prof Theodorus du Plessis, Professor Emeritus in the Department of South African Sign Language and Deaf Studies, University of the Free State


Firstly, South Africa now becomes the first country in the world to recognise its national sign language as an official language in the country's constitution. This is different from the current 76 countries that officially recognise their sign languages.

Secondly, South Africa becomes only the seventh country in the world to recognise its national sign language as an official national language. The other countries where the national sign language is an official language are Uruguay (as of 2001), New Zealand (as of 2006), Poland (as of 2012), Papua New Guinea and South Korea (both as of 2015), and Malta (as of 2016). Four of these countries – New Zealand, Poland, South Korea, and Malta – have effected the officialisation of their national sign languages through a national sign language law. Uruguay has done so through disability legislation and Papua New Guinea through a dictation of the country's National Executive Council.

Thirdly, it took South African Sign Language (SASL) just as long to become an official language of the country, as was the case with South Africa's nine Sintu languages (Zulu, Sotho, etc.). These languages were first recognised as official languages at regional level in 1963 but were recognised as national official languages alongside Afrikaans and English from the interim 1993 Constitution. SASL was granted official status from nowhere within 30 years. Incidentally, Afrikaans gained official status in 1925 – within 17 years after the 1909 Union Act was passed, recognising only English and Dutch as official languages.

Three factors played a role

Achieving these exceptional milestones is due to at least three factors, namely a favourable socio-political climate globally around minority languages and the whole disability issue, sustained pressure from an active Deaf lobby, and the active and decisive bottom-up actions by a string of role players. The degree of political favour should certainly not be lost sight of either. Already in 1995, the ruling ANC wanted SASL to become an official language, and eventually submitted exactly such a proposal to the Constitutional Assembly. Even though the time was not ripe for this, the proposal resulted in SASL being declared an official language in the South African Schools Act of 1996 for the purposes of teaching and learning in public schools (note, not only Deaf schools), the inclusion of "sign language" [sic] in the constitutional language mandate of the Pan South African Language Board, and the granting of linguistic human rights to all South Africans, including the Deaf, in terms of the Bill of Human Rights. The further amplification of SASL in terms of the 18th Constitutional Amendment crowns this campaign, which goes back to the period of the birth of our democracy.

International experts give three reasons why the officialisation of countries' national sign languages is significant:

  • It can help to ensure that Deaf people have access to education, employment, and other services in their ‘own language’.
  • It can promote the use of sign languages in general and also help to preserve the languages.
  • It can raise awareness about the so-called Deaf culture and the contributions of the Deaf.

All three reasons also bring us to the important issue of inclusivity. Education, in particular, plays an important role in this. To date, the Schools Act has been enforced in such a way that SASL has mainly been taught in Deaf schools as home language, while the law stipulates that it applies to all public schools. Now that SASL is also a national official language, perhaps the opportunity has come for the inclusion of SASL as home language in all schools. More importantly, a curriculum must now be developed so that the language can also be taught as first and second additional language in all schools. Such a thing would give inclusivity an enormous jolt. Many universities have been offering SASL as a subject for some time and can attest to the exceptional contribution it makes to fellowship between hearing and deaf persons.

Will not promote inclusivity as such

Also of great importance is the establishment of a functional language dispensation that will include professional language services for the Deaf as well. This will assist in actively realising the significant provisions of the Use of Official Languages Act of 2012 that state entities must establish communication for persons with SASL as preferred language.

It is important to understand that the mere inclusion of SASL as a 12th official language will not promote inclusivity as such. It will require hard work. And more hard work!

 


Bibliography

Wikipedia. 2023. List of official languages by country and territory.  https://en.wikipedia.org/wiki/List_of_official_languages_by_country_and_territory was verified by the author.

Branson, J en D Miller. 1997. National sign language and language policies. In Wodak en  Corson, Encyclopedia of language and education: language policy and political issues in education, 1:89–98). Dordrecht: Kluwer Academic Publishers.

Constitute. 2013. Zimbabwe 2013 (2017 hersien). https://www.constituteproject.org/constitution/Zimbabwe_2017.

De Meulder, M. 2015. The legal recognition of sign languages. Sign Language Studies, 15(4):498–506.

De Meulder, Maartje, J Murray en RL McKee. 2019. Introduction. The legal recognition of sign languages: advocacy and outcomes around the world. In De Meulder,  Murray en McKee (2019), The legal recognition of sign languages: advocay and outcomes around the world. Bristol: Multilingual Matters.

Kiprop, V. 2019. Which countries recognize sign language as an official language? World Atlas: https://www.worldatlas.com/articles/which-countries-recognize-sign-language-as-an-official-language.html

Parlementêre Redaksie. 1995. Gebaretaal dalk gou SA se 12de amptelike taal. Die Burger, 8 Mei, bl. 9.

Reagan, T. 2020. Linguistic human rights and the deaf: implications for language policy. Hooftoesprak, 2nd Language Diversity in Educational Settings Workshop 2020: "Making a change through sign language". Organised by the Department of South African Sign Language and Deaf Studies, University of the Free State, 9–20 November 2020. Virtual event.

Timmermans, N. 2005. The status of sign languages in Europe. Strasbourg: Council of Europe Publishing.

VN (Verenigde Nasies). 1975. Declaration on the Rights of Disabled Persons adopted 9 December 1975 by General Assembly resolution 3447 (XXX). United Nations Human Rights Office of the High Commisioner. https://www.ohchr.org/en/instruments-mechanisms/instruments/declaration-rights-disabled-persons

—. 2006. Convention on the Rights of Persons with Disabilities adopted 13 December 2006 by Sixty-first session of the General Assembly by resolution A/RES/51/106. United Nations Human Rights Office of the High Commissioner. https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-rights-persons-disabilities

—. 2017. International Day of Sign Languages, Resolution adopted by the General Assembly on 19 December 2017 A/RES/72/161. United Nations General Assembly.  https://undocs.org/Home/Mobile?FinalSymbol=A%2FRES%2F72%2F161&Language=E&DeviceType=Desktop&LangRequested=False

WFD (Wêreld Federasie van Dowes). 2016. Our story. World Federation of the Deaf. http://wfdeaf.org/who-we-are/our-story

—. 2022. The legal recognition of national sign languages (Update: 10 January 2022). World Federation of the Deaf. https://wfdeaf.org/news/the-legal-recognition-of-national-sign-languages

Wikipedia. 2023. List of official languages by country and territory.  https://en.wikipedia.org/wiki/List_of_official_languages_by_country_and_territory (Verified by author).


 

News Archive

Resource Manual on Trafficking in Persons for Judicial Officers sees the light
2012-03-27

 

Judge Connie Mocumi, President of the South African Chapter of the International Association of Women Judges (SAC-IAWJ), during the launch of the Resource Manual on Trafficking in Persons for Judicial Officers.
Photo: Leonie Bolleurs
27 March 2012

On Human Rights Day the Department of Criminal and Medical Law in the Faculty of Law at the University of the Free State (UFS) hosted the launch of the Resource Manual on Trafficking in Persons for Judicial Officers compiled by the South African Chapter of the International Association of Women Judges (SAC-IAWJ).

The manual, which will be used by members of the South African judiciary, will equip officials in adjudicating the multifaceted crime of human trafficking.

“Presiding officers must be sensitised about the complexity of the crime. Human trafficking has many faces and presents itself in different ways. A person may for example be trafficked for sexual exploitation, forced labour, the removal of body parts, as well as forced marriages. Expert knowledge is needed to handle these cases effectively in court,” said Dr Kruger, also responsible for the human trafficking initiative in the Unit for Children's Rights at the UFS.

Prior to the launch, a total number of 300 judicial officers, including six judges from the Southern African Development Community (SADC) received training on human trafficking. After receiving this training, the officers were sensitised to scrutinise domestic violence cases as well as inter-country adoption cases in order to identify possible human trafficking activities.

As keynote speaker at the launch, Dr Beatri Kruger from the Department of Criminal and Medical Law at the UFS, said that human traffickers were running operations like a well-oiled machine. They have abundant and sophisticated resources and often bribe corrupt officials to further their criminal activities. In South Africa, people combating human trafficking struggle with a lack of resources as well as comprehensive legislation. Most cases are prosecuted under the Children’s Act and the Sexual Offences Amendment Act of 2007. Unfortunately, this legislation still leaves a gap in the prosecuting of perpetrators. Only trafficking cases where where children are trafficked can be prosecuted under the Children’s Act. In terms of the Sexual Offences Amendment Act perpetrators can be prosecuted for trafficking persons for sexual exploitation only, and not for labour of other forms of trafficking. Therefore the comprehensive Prevention and Combating of Trafficking in Persons Bill 2010 needs to be finalised to cover all forms of trafficking.

There are more slaves today than at any time in the history of humankind. “To combat this serious problem, we need to follow a holistic approach,” said Dr Kruger. This includes prevention (raising awareness), effective prosecution and suitable punishment, the protection of victims, and partnering with all relevant stakeholders, including people in the communities. Community members are often whistle blowers of this crime.

The President of the SAC-IAWJ, Judge Connie Mocumi, handed copies of the manual, a three-year project, to judicial officers present at the launch. The manual covers, among others, the definition of trafficking in persons, trafficking in persons in South Africa and the Southern African region, a legislative framework, victims’ rights and criminal proceedings.

“It is critical that judicial officers appreciate the phenomenon of trafficking in persons in its broader socio-economic context. Therein lays the ability to deal competently with the often-nuanced manifestation of this scourge. The incapacity to recognise these nuances can deny victims access to justice. In that regard, the manual, amongst others, is to become an important empowering adjudication tool for judicial officers,” said Judge Mocumi.

More copies will be printed and be ready for distribution by the beginning of May this year.

Judge Belinda van Heerden, who also attended the launch, said: “There is progress on the judicial and legislative front to bring wrongdoers to book. This manual will go a long way in giving judicial officers insight into the problem.”

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