A New Era in the Right to Sign He Houhanga Rongo Te Tika Ki Te Reo Turi
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A New Era in the Right to Sign He Houhanga Rongo te Tika Ki Te Reo Turi Report of the New Zealand Sign Language Inquiry September 2013 Human Rights Commission InfoLine 0800 496 877 (toll free) Fax 09 377 3593 (attn: InfoLine) Email [email protected] www.hrc.co.nz Language Line and NZ Sign Language interpreter available If you have a hearing or speech impairment, you can contact the Commission using the New Zealand Relay Service. NZ Relay is a telecommunications service and all calls are confidential. www.nzrelay.co.nz Tämaki Makaurau – Auckland Level 3 Zurich House, 21 Queen Street PO Box 6751, Wellesley Street, Tämaki Makaurau/Auckland 1141 Waea/telephone 09 309 0874 Waea whakaahua/fax 09 377 3593 Te Whanganui ä Tara – Wellington Level 1 Vector Building, 44-52 The Terrace PO Box 12411, Thorndon, Te Whanganui ä Tara/Wellington 6144 Waea/telephone 04 473 9981 Waea whakaahua/fax 04 471 6759 Ötautahi – Christchurch Level 2 Moeraki Suite, Plan B Building 9 Baigent Way, Middleton PO Box 1578, Ötautahi/Christchurch 8140 Waea/telephone 03 379 2015 Waea whakaahua/fax 03 353 0959 A New Era in the Right to Sign He Houhanga Rongo te Tika Ki Te Reo Turi Report of the New Zealand Sign Language Inquiry September 2013 ISBN 978-0-478-35652-6 (print) 978-0-478-35653-3 (online) Auckland, September 2013 Cover image: John Casey, Silver Image Photography, courtesy of HANDMADE PRODUCTIONS AOTEAROA. Contents Foreword 5 Acknowledgements 7 Executive summary 8 Recommendations 14 1 Background information 17 2 Education 30 3 The rights of deaf people to access communication, information and services through NZSL 50 4 Promoting and maintaining NZSL as an official language of New Zealand 74 Appendix 1 Terms of reference for the NZ Sign Language Inquiry 90 Appendix 2 NZSL interpreter support available through the Ministry of Health’s contract with Deaf Aotearoa NZ 91 Appendix 3 List of abbreviations 92 Endnotes 94 3 © Royce Flynn, Flynn Express Photo Restoration and Enhancement. 4 Foreword Deaf people, and sign language, deserve equality in New Zealand. In 2006 New Zealand passed an Act to enshrine this belief ... today, we have the potential and capacity to achieve the dream, and change futures for Deaf people now and for future generations. All we need now is for decision-makers to listen, and develop the will to act. – Sonia Pivac E ng ¯a mana, e ng¯a reo, rau rangatira m¯a, and audible applause. The rights of disabled t ¯en¯a koutou. Tihei Matariki. people, including the language and cultural rights of deaf people became international Ka p ¯o, ka ao, ka awatea. law in May 2008 when the Disability Convention came into force. This was a new To you all as leaders with wisdom and era in disability rights, the sign of a new diverse languages, greetings. dawn for disabled people around the world. Matariki emerges from the darkness and A few years later earthquakes devastated breathes again, the sign of a new dawn. the Canterbury region. Many of the usual ways of communicating and informing When the New Zealand Sign Language people of what was happening were not (NZSL) Act was passed by Parliament, the available. Some of the early television gallery of deaf people erupted, raising broadcasts included NZSL interpreters. and waving their hands in applause. For many New Zealanders this was seeing NZSL became an official language of something new – realising that NZSL is a New Zealand alongside English and te whole and vibrant language. The use of reo M ¯aori. It was a new era in the right to NZSL interpreters recognised the diversity sign, the sign of a new dawn for deaf New of people and communication needs within Zealanders. our communities. It was a first sign of hope emerging amid the devastation – the sign of Later that year, the United Nations adopted a new dawn for all New Zealanders. the UN Convention on the Rights of Persons with Disabilities (Disability Convention). However, leading up to the initial post- Again, this was met with a mix of visible quake response on TV, the situation behind 5 the scenes was very different. Deaf early childhood education; when all deaf, people and their allies had to fight to get hearing impaired, and speech impaired interpreters and to receive vital information children learn to sign; and when every about civil defence, clean drinking water, citizen can sign the national anthem. In sanitation, and health and safety issues. these ways the unique contribution of articulate deaf people is valued not only in Before and during this Inquiry, we heard their own community but across all parts of many stories of the denial of people’s rights New Zealand society. And at bedtime, once to communicate using NZSL, and children the hearing aids and cochlear implants have and families being discouraged to learn been taken off, any mother or father can their language. Battles like these must not say “Goodnight, I love you” in NZSL to their happen in future. small deaf child. This Inquiry also found many encouraging Our call to action is to make this real, and signs. New Zealand has a strong deaf to implement the recommendations of this community with high expectations. Inquiry. To ensure that, from now on, at Frequent gatherings are held where the dawn of every child’s life there will be culture is strengthened and history passed the opportunity to learn our latest official on. There are groups beyond the deaf language, NZSL. Taking these steps together community for which NZSL can prove life will mark a new era in the right to sign. changing. There are new technologies to assist people in remote locations, an interested public who want to learn basic NZSL and increasing use of te reo M ¯aori. Government departments have Paul Gibson shown a new willingness to engage with Disability Rights Commissioner NZSL aspirations and goals, and Ministers Kaihaut ¯u Tika Hau ¯atanga understand links between language and culture and are ready to act. There is recognition that all disabled people’s rights in the Disability Convention must be made real. I look forward to a time when NZSL is constantly visible in our streets, schools, hospitals, and on TV. Imagine a time when every child learns the basics of NZSL in 6 Acknowledgements The Human Rights Commission would like to thank everybody who has worked on, contributed to, and responded to this Inquiry report and its early drafts. The Commission particularly acknowledges the deaf community who have “had to constantly retell their stories and restate their rights”. The Inquiry team was helped by Dr Rachel McKee and Victoria University’s Deaf Studies Research Unit, whose research and guidance were significant to the Inquiry. Thank you to the Commission’s staff, especially Victoria Manning. Her unique capability as an NZSL user and expert, policy analyst, and deaf community member and leader made the Inquiry both possible and credible. The Commission would also like to acknowledge Deaf Aotearoa and Handmade Productions Aotearoa for allowing us to use their images in this report. 7 Executive summary Background This Inquiry has considered the human rights implications of the barriers that In 2006, after many years of lobbying by deaf people continue to face. Its areas of the deaf community, the New Zealand Sign focus were closely informed by priorities Language Act was passed, making New identified in the Disability Convention Zealand Sign Language (NZSL) an official and through previous consultations language of New Zealand. However, the with the deaf community. The Inquiry Human Rights Commission continues to also recognises that NZSL is important receive enquiries and complaints from deaf for hearing people with communication people about discrimination they experience difficulties, and for family/wh ¯anau, friends trying to access or use NZSL. and others communicating with a NZSL user. Therefore the Inquiry’s three priority The Commission began this NZSL Inquiry areas have been: because of concerns about the barriers 1 the right to education for deaf people deaf people continue to experience when and other NZSL users using their own language. Barriers restrict their quality of life and full enjoyment of 2 the right to freedom of expression and fundamental human rights. opinion including the right to receive and impart information using NZSL In 2008, New Zealand ratified the United interpreter services Nations Convention on the Rights of Persons with Disabilities (Disability Convention). 3 the promotion and maintenance of This Convention recognises sign languages NZSL as an official language of New as equal to spoken languages. It requires Zealand. governments to progressively strengthen the status of sign language in different fields New Zealand has a responsibility to of a person’s life. These steps are necessary promote and protect its official languages. to respect, protect and promote the right NZSL and te reo M ¯aori are each vital to to dignity, equality, freedom of expression the expression of culture and identity. and independence for deaf people and other There is a strong practical need for NZSL’s NZSL users. official status as deaf people have limited 8 A New Era in the Right to Sign or no access to New Zealand’s two spoken support for families is not enough. It makes official languages, English and te reo it too difficult to create a natural learning M ¯aori. In addition, there is a deep historic environment for children to acquire NZSL justification for the official status of te reo, skills as a foundational language. based on the rights affirmed in the Treaty of Waitangi. There is much to be learnt from previous reports and good practice examples.