SIGN UP FOR SIGN LANGUAGE RIGHTS
Joanne Marshall
Director and Designer at Cayleigh #Mindset, #inclusion, #diversity, #empowerment # enablement #DeafCommunity #Signlanguage
Here in New Zealand we have the NZSL Act 2006. In early 2006 New Zealand became the first country to declare sign language as an official language.
You can read it here:
The act’s purpose as stated in the above legislation is:
The purpose of this Act is to promote and maintain the use of New Zealand Sign Language by—
(a) declaring New Zealand Sign Language to be an official language of New Zealand; and
(b) providing for the use of New Zealand Sign Language in legal proceedings; and
(c) empowering the making of regulations setting competency standards for the interpretation in legal proceedings of New Zealand Sign Language; and
(d) stating principles to guide government departments in the promotion and use of New Zealand Sign Language.
It binds our government and therefore there are the Principles to guide government departments. As per the legislation these are as follows:
A government department should, when exercising its functions and powers, be guided, so far as reasonably practicable, by the following principles:
(a) the Deaf community should be consulted on matters relating to NZSL (including, for example, the promotion of the use of NZSL):
(b) NZSL should be used in the promotion to the public of government services and in the provision of information to the public:
(c) government services and information should be made accessible to the Deaf community through the use of appropriate means (including the use of NZSL).
(2) Consultation carried out by a government department under subsection (1)(a) is to be effected by the chief executive of the government department consulting, to the extent that is reasonably practicable, with the persons or organisations that the chief executive considers to be representative of the interests of the members of the Deaf community relating to NZSL.
(3) The purpose of the principles in subsection (1) is to promote access to government information and services for the Deaf community, but nothing in subsection (1) is to be read as conferring on the Deaf community advantages not enjoyed by other persons.
You can read up on the guide for government departments here:
The history leading up to the formation of the act is that in the past, the use of New Zealand Sign Language (NZSL) by Deaf people was actively prohibited in New Zealand. This likely resulted from long standing misconceptions that sign languages are not real languages and are inferior to spoken languages. There was also a perception that Deaf people were better off using an oral method of communication, which led to Deaf people being required to speak and lip read instead of using NZSL.
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Modern linguistic research confirms that sign languages are real languages. Solely lip reading is a very difficult method of communication and involves a lot of guesswork. Accordingly, it is not a sufficient substitute for NZSL.
Prior to the NZSL Act, there was no legal acknowledgement of NZSL as a real language equal to that of spoken languages. This resulted in injustices such as Deaf people being denied the use of interpreters in court proceedings and facing disorderly conduct charges where their use of NZSL was misinterpreted as aggressive behaviour. In medical settings, risks of misdiagnosis and lack of informed consent are very high without the use of qualified NZSL interpreters.
Consultation on the Bill started in May 2003 and ran until June 2003. In October of the same year the Government formally agreed for a bill to be developed that will give recognition of NZSL as an official language in New Zealand. Two months later in December the then Office for Disability Issues (now a part of Whaikaha - Ministry of Disabled People) organised community meetings with the Deaf community in Auckland, Palmerston North, Wellington and Christchurch, including a Māori-Deaf meeting in Auckland. Meetings were also held with key stakeholders in the Deaf community around further work to be undertaken on NZSL interpreters and removing language barriers in education, health, employment, and public broadcasting.
It was in April the following year that on 7 April 2004, the NZSL Bill was introduced to Parliament. The first reading of the Bill came on 22 June 2004. There were over 60 Deaf community members along with hearing supporters present to watch the debate. Sign language interpreters were provided by the office of the Clerk at Parliament with the help of the Office for Disability Issues to ensure accessibility. The debate was broadcast live over the internet for the rest of the Community to view with over 200 people tuned in. This was significate as it was the only the second time in NZ history that Sign Language Interpreters had been present in Parliament and the first time during a debate on legislation. – Even large TV screens were placed in the public gallery to provide better viewing of the interpreters.
This day was when all parties approved the Bill being referred to the Justice and Electoral Committee for consideration.
From July 2004 through to July 2005 the Justice and Electoral Committee called for submissions and the NZSL Bill. They all had to be in by 27 August 2004. Deaf people were permitted to provide theirs via the way of NZSL recorded on video tape. The select committee agreed to provide NZSL interpreters if Deaf wanted to meet in person with the Select committee to make their submission.
It was this time that several videos were added to the Office of Disability ODI’s website as the first step towards making information accessible for us Deaf. These clips/ reels summarised key information on the Minister for Disability Issues, The Office of Disability, processes of legislation in Parliament, the content of the NZSL Bill and lastly how to make a submission.
In addition to this, other organisations within the Disability Sector chipped in to make the information accessible by producing an Easy to Read and Pictorial translation of the “Making a Submission to a Parliament Select Committee.”
On 13 October the Justice and Electoral Select Committee held its first meeting with those who had made submissions. Further meetings were held in November of the same year with the final one in February 2005.
On 18 July 2005 the NZSL Bill reached the next milestone with the Justice and Electoral Select Committee tabling its report on the Bill. The main recommendation in the report proposes a new clause to ensure the Bill is reviewed after 3 years.
In total there were 195 submissions received which included six submissions via video tape that had recordings of 104 people signing their submissions. The Committee met with 26 submitters in Auckland, Wellington, and by videoconference.
Submissions expressed overwhelming support for the Bill. There were no submissions in opposition.
Yet another milestone came in February 2006 when the second reading of the Bill was held in Parliament. Interpreters again were provided, and it was broadcast live over the internet.
The Bill was passed with 119 votes for and two against for referral to the next Parliament Stage. It was here that I understand one of those who spoke up about the Bill was Brian Connell. His father was profoundly Deaf. Brian’s concerns where around the cost of interpreters being placed on the taxpayer. He spoke of how he has dipped into his own pocket to pay for the “help” his father needed to participate in social and family life. He also expressed his concerns how the legislation didn’t give any official standing outside of the courts and how the guiding principles will be distributed to government departments, but those departments will have no compulsion to use them. The point he made was that Sign language is one of those things that in its own right will endure, because there is a need for it. But legislating for it will not make it any better or any worse.
Barbara Stewart spoke for NZ First and is quoted as saying “…New Zealand First believes it is important to acknowledge the rights of members of the Deaf community and their equal value in society. The more options deaf New Zealanders have to participate in the community, and in society overall, the richer their lives will be. In this area they have not been afforded the same right to their language as other New Zealanders…”
To learn more about what politicians of the time said and how they viewed it you can read the transcript here:
The third reading of the bill came in April of 2006. Interpreters were once more provided and was again broadcast live via internet. It was at this point the Bill was passed and the Minister for Disability Issues at the time hosted a party at the Beehive for our Deaf community to celebrate NZSL becoming an official language.
You can if interested watch the Third reading here: http://www.r2.co.nz/20060406/
On 10 April 2006, the Governor-General gave the Royal Assent to the Bill, which made the New Zealand Sign Language Act official legislation.
This milestone in the rights for NZ Deaf is celebrated every year with the NZSL (New Zealand Sign Language week). Since its inception in 2007, NZSL Week has become a cherished tradition, bringing together people from all walks of life to celebrate our beautiful language. During the week, the us Deaf in New Zealand celebrate our language and allow the hearing population to learn more. NZSL week is organised by Deaf Aotearoa. Next year, 2025, it will run from 6 May – 12 May.