tag:theconversation.com,2011:/us/topics/interpreter-29973/articlesInterpreter – The Conversation2020-04-30T12:11:03Ztag:theconversation.com,2011:article/1361042020-04-30T12:11:03Z2020-04-30T12:11:03ZMasks and distancing make it tough for the hard-of-hearing, but here’s how to help<figure><img src="https://images.theconversation.com/files/331529/original/file-20200429-51466-k9kdm7.jpg?ixlib=rb-1.1.0&rect=8%2C35%2C5982%2C3952&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">An already tough situation is made worse for those with hearing loss.
</span> <span class="attribution"><a class="source" href="https://www.gettyimages.com/detail/photo/doctors-home-visiting-during-the-quarantine-royalty-free-image/1215677043?adppopup=true">filadendron/Getty Images</a></span></figcaption></figure><p>The Centers for Disease Control and Prevention has recommended that all Americans wear <a href="https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/diy-cloth-face-coverings.html">face coverings</a> when in public. Hospitals across the country are assuming everyone who walks through the door is a potential COVID-19 case, so are requiring patients to wear a mask and come alone. </p>
<p>These changes pose potential communication problems for about <a href="https://doi.org/10.2105/AJPH.2016.303299">60 million Americans who are living with hearing loss</a>, ranging from mild trouble to severe loss or deafness in one or both ears. The vast majority of people with hearing loss have never had a hearing test and do not use hearing aids, especially <a href="https://doi.org/10.1177/0898264315585505">in populations affected by health disparities</a>. For example, only an estimated <a href="https://doi.org/10.1001/jamaoto.2019.0433">5% of Hispanic/Latino adults with hearing loss</a> use hearing aids.</p>
<p>Along with my audiology and public health colleagues from the <a href="http://lwhl.arizona.edu/h3-coalition">Hispanic Hearing Healthcare Access Coalition</a>, we strongly recommend that communities take special measures to stay connected with the hard-of-hearing at this time. Mask wearing and social distancing <a href="https://youtu.be/Lbdi9ndxNj8">present a real problem</a> for many people with hearing loss. </p>
<h2>Harder hearing</h2>
<p>Human brains are <a href="https://doi.org/10.3389/fnins.2014.00386">designed to use visual cues</a>, like watching one another’s lips move, <a href="https://doi.org/10.1037/pag0000094">to help understand speech</a>. Wearing a mask eliminates this vital visual information. </p>
<p>Acoustically, <a href="https://www.hearingreview.com/hearing-loss/health-wellness/how-do-medical-masks-degrade-speech-reception">face masks muffle speech</a>. Donning a mask over a hearing aid or cochlear implant can be problematic or uncomfortable – causing some to remove their hearing devices. </p>
<p>The need to stay at least six feet apart for <a href="https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/social-distancing.html">social distancing</a> can also make hearing and understanding speech more difficult. As distance increases, sound levels decrease. Research shows that moving farther away <a href="https://doi.org/10.1121/1.4976191">makes it more challenging for people with hearing loss</a> to focus their attention on understanding speech. </p>
<figure class="align-left zoomable">
<a href="https://images.theconversation.com/files/331532/original/file-20200429-51513-1t3a070.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="" src="https://images.theconversation.com/files/331532/original/file-20200429-51513-1t3a070.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=237&fit=clip" srcset="https://images.theconversation.com/files/331532/original/file-20200429-51513-1t3a070.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/331532/original/file-20200429-51513-1t3a070.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/331532/original/file-20200429-51513-1t3a070.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/331532/original/file-20200429-51513-1t3a070.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/331532/original/file-20200429-51513-1t3a070.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/331532/original/file-20200429-51513-1t3a070.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
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<span class="caption">People cannot rely on pre-pandemic habits to compensate, like leaning in to get closer, seeing a person speaking, or bringing a loved one to the hospital to help.</span>
<span class="attribution"><a class="source" href="https://www.gettyimages.com/detail/photo/woman-putting-hand-to-her-ear-royalty-free-image/79122325">Image Source/Getty Images</a></span>
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<p>Research shows <a href="https://doi.org/10.1002/nur.21540">background noise in a hospital makes it difficult to hear, understand and absorb key information</a>, with memory disrupted even if what was said in the moment was heard. After measuring sound levels in a Portland, Oregon Veterans hospital, researchers recorded background noise from medical and surgical wards then tested acutely ill patients. In the best-case scenario with low noise, hospitalized patients with mild to moderate hearing loss could recall only 58% of key words. This dropped to 30% recall at the highest levels of hospital noise tested. All these disruptions can have serious consequences.</p>
<p>People with hidden or <a href="https://doi.org/10.1002/lary.28604">undiagnosed hearing loss</a> may now be revealed, as their coping strategies falter. In this new reality, those who are hard-of-hearing and deaf may be unable to access public health recommendations, learn about available services or make informed decisions about their own care when speech is only auditory. This is especially true for people in hospitals, nursing homes or quarantine, who may find themselves suddenly isolated without assistance from family or friends. </p>
<h2>Enhancing communication</h2>
<p>The good news is that simple, effective strategies can boost communication during this time of wearing masks and beyond. </p>
<figure class="align-right zoomable">
<a href="https://images.theconversation.com/files/330763/original/file-20200427-145566-9o0oe6.png?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="" src="https://images.theconversation.com/files/330763/original/file-20200427-145566-9o0oe6.png?ixlib=rb-1.1.0&q=45&auto=format&w=237&fit=clip" srcset="https://images.theconversation.com/files/330763/original/file-20200427-145566-9o0oe6.png?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=450&fit=crop&dpr=1 600w, https://images.theconversation.com/files/330763/original/file-20200427-145566-9o0oe6.png?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=450&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/330763/original/file-20200427-145566-9o0oe6.png?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=450&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/330763/original/file-20200427-145566-9o0oe6.png?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=566&fit=crop&dpr=1 754w, https://images.theconversation.com/files/330763/original/file-20200427-145566-9o0oe6.png?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=566&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/330763/original/file-20200427-145566-9o0oe6.png?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=566&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">Laura Coco, Au.D., a Ph.D. candidate at the University of Arizona, demonstrates the use of teleaudiology to connect remotely with someone with a cochlear implant.</span>
<span class="attribution"><span class="source">Laura Coco, Au.D.</span>, <a class="license" href="http://creativecommons.org/licenses/by/4.0/">CC BY</a></span>
</figcaption>
</figure>
<p>Face each other at a safe distance of at least six feet. Maintaining eye contact enhances social connection and keeps attention focused on communication. Speak more slowly and with care to make it easier for listeners. Speakers often <a href="https://doi.org/10.1121/1.2784148">naturally try to compensate by projecting</a>, but a more effective approach is <a href="https://doi.org/10.3766/jaaa.16.3.4">to speak more clearly, with greater enunciation</a>.</p>
<p>Ask others to repeat back what you said to confirm the message is being understood and not just heard. For health care providers, this <a href="https://www.ahrq.gov/patient-safety/reports/engage/teachback.html">“teach-back” strategy</a> is essential to ensure understanding, whether the discussion is in-person <a href="https://doi.org/10.1371/journal.pone.0206473">or remote</a>. </p>
<p>Real-time captioning can improve <a href="https://www.nad.org/2020/04/17/telehealth-during-coronavirus/">communication access in telehealth</a>, <a href="https://www.deafhhtech.org/rerc/accessible-virtual-meeting-tips/">virtual meetings</a> and <a href="https://theconversation.com/how-to-help-students-with-a-hearing-impairment-as-courses-move-online-134582">online education</a>.</p>
<p><a href="https://pubmed.ncbi.nlm.nih.gov/26161525/">Ask the deaf or hard-of-hearing</a> person, “How can I best communicate with you?” Try <a href="https://doi.org/10.1044/jshr.3404.921">re-phrasing the information</a> if the listener is having difficulty understanding your message. Write your message down or try speech-to-text if someone is having trouble hearing you.</p>
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<a href="https://images.theconversation.com/files/330765/original/file-20200427-145544-1iha2gn.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="" src="https://images.theconversation.com/files/330765/original/file-20200427-145544-1iha2gn.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=237&fit=clip" srcset="https://images.theconversation.com/files/330765/original/file-20200427-145544-1iha2gn.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=800&fit=crop&dpr=1 600w, https://images.theconversation.com/files/330765/original/file-20200427-145544-1iha2gn.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=800&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/330765/original/file-20200427-145544-1iha2gn.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=800&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/330765/original/file-20200427-145544-1iha2gn.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=1005&fit=crop&dpr=1 754w, https://images.theconversation.com/files/330765/original/file-20200427-145544-1iha2gn.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=1005&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/330765/original/file-20200427-145544-1iha2gn.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=1005&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">Bryan Wong, Au.D., an audiologist and Ph.D. student at the University of Arizona, makes face shields for local Tucson hospitals.</span>
<span class="attribution"><span class="source">Bryan Wong, Au.D.</span>, <a class="license" href="http://creativecommons.org/licenses/by/4.0/">CC BY</a></span>
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<p>Select quiet spaces with little background noise for improved listening. If available, use or make clear masks or <a href="http://3dprint.nih.gov/discover/face-shield">face shields</a>, which will help by <a href="https://doi.org/10.3766/jaaa.15151">restoring visual information</a> in speech.</p>
<p>Seek out and offer multiple forms of communication, such as written text or real-time captioning and assistive technology. For those who use American Sign Language, qualified interpreters can be accessed through video relay. People with <a href="https://www.acdhh.org/media/1846/dhh-covid-19-communication-cards.pdf">hearing loss</a> or <a href="https://www.acdhh.org/media/1844/db_cvhl-covid-19-communication-cards.pdf">combined hearing and vision loss</a> may want to bring a printed communication card along with them to the hospital. The <a href="https://www.hearingloss.org/coronavirus-covid-19-resources/">Hearing Loss Association of America</a> and <a href="https://www.nad.org/coronavirus/">National Association of the Deaf</a> are sharing guidance for patients and providers. </p>
<p>Following these recommendations can empower people to communicate more effectively with the hard-of-hearing. While many things are out of control at this time, everyone can choose communication strategies that will help each other.</p>
<p>[<em>You need to understand the coronavirus pandemic, and we can help.</em> <a href="https://theconversation.com/us/newsletters?utm_source=TCUS&utm_medium=inline-link&utm_campaign=newsletter-text&utm_content=upper-coronavirus-help">Read The Conversation’s newsletter</a>.]</p><img src="https://counter.theconversation.com/content/136104/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Nicole Marrone receives funding from a Patient-Centered Outcomes Research Institute® (PCORI®) Eugene Washington PCORI Engagement Award (EA-15629-UOA), the National Institute on Deafness and Other Communication Disorders (NIDCD) of the National Institutes of Health (R33DC015062), and the Arizona Community Foundation. </span></em></p>Audiologists recommend enhanced communication strategies in the time of coronavirus to help the nearly 60 million Americans living with hearing loss in one or both ears.Nicole Marrone, Associate Professor in Speech, Language, and Hearing Sciences, University of ArizonaLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1349112020-04-16T14:19:35Z2020-04-16T14:19:35ZWhy using just one language in South Africa’s courts is a problem<figure><img src="https://images.theconversation.com/files/324619/original/file-20200401-23143-bwxy28.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Justice cannot be served if those before the courts don't understand proceedings.</span> <span class="attribution"><span class="source">Gwengoat/Getty Images/iStock</span></span></figcaption></figure><p>Language is a crucial element of any criminal justice system. <a href="https://theconversation.com/language-puts-ordinary-people-at-a-disadvantage-in-the-criminal-justice-system-79934">Forensic linguist David Wright</a> has written that people find themselves in the judicial system’s linguistic webs at every step of the legal process.</p>
<p>There is a <a href="https://www.gov.za/sites/default/files/gcis_document/201409/35742gon8010.pdf">substantial</a> <a href="https://www.justice.gov.za/legislation/constitution/SAConstitution-web-eng.pdf">amount</a> of South African <a href="https://www.justice.gov.za/legislation/acts/1944-032.pdf">legislation</a> that confirms an individual’s right to speak and be spoken to in the language they fully understand, particularly during court proceedings. This right is even enshrined in <a href="https://www.gov.za/documents/constitution/chapter-2-bill-rights#34">Section 35(3)(k) of the Constitution</a>, which confers the right to a fair trial. Courts are also obliged, during criminal proceedings, to provide a competent interpreter if the accused does not understand the language in which court proceedings are conducted. </p>
<p>Despite all this, South Africa’s <a href="https://www.polity.org.za/article/english-will-be-only-language-of-record-in-courts---mogoeng-2017-09-29/searchString:english+will+be+the+only+language+of+record+in+courts">Chief Justice has decreed</a> English to be the only language of record in the country’s courts. The directive is an attempt to redress the practices of the past and transform the justice system. According to the Chief Justice, making English the only language of record will ensure that all judges are able to follow proceedings and produce judgments that are accessible for all parties on appeal and review.</p>
<p>Different languages may still be spoken in courts. But <a href="https://books.google.co.za/books?id=Tee9DwAAQBAJ&pg=PR1&lpg=PR1&dq=zakeera+Docrat+and+Annelise+de+Vries&source=bl&ots=NAF_xHvseU&sig=ACfU3U1o6SIZjc9BQqrA24xq5D3eWaasAQ&hl=en&sa=X&ved=2ahUKEwiUvaTgjbroAhWGx4UKHVjMBWcQ6AEwD3oECAoQAQ#v=onepage&q=zakeera%20Docrat%20and%20Annelise%20de%20Vries&f=false">a study</a> we conducted found that lawyers are inclined to speak and write to their clients in English. </p>
<p>This, coupled with the fact that the Chief Justice’s directive means written court records must be kept in English, means that most South Africans cannot access justice in their own languages. After all, only <a href="http://www.statssa.gov.za/publications/P0318/P03182018.pdf">8.1%</a> of South Africans speak English at home. It is only the country’s sixth most common home language. Statistically, then, there’s a 91.9% chance that a South African will be at a disadvantage during a court case because they cannot properly follow the proceedings, documents and records.</p>
<h2>What the research says</h2>
<p>A <a href="https://www.gov.za/sites/default/files/gcis_document/201703/40733gen244.pdf">language survey</a> conducted by Legal Aid South Africa in 2016 showed that only 27% of state aid applicants in criminal cases speak, read and write English at a satisfactory level. An average of 54.2% of applicants in criminal cases were found to have little or no knowledge of English as a medium of communication. </p>
<p>Legal Aid South Africa provides legal aid to those who cannot afford their own legal representation. Their clients are already vulnerable, economically; their inability to communicate fluently in English disadvantages them further. </p>
<p>Our <a href="https://books.google.co.za/books?id=Tee9DwAAQBAJ&pg=PR1&lpg=PR1&dq=zakeera+Docrat+and+Annelise+de+Vries&source=bl&ots=NAF_xHvseU&sig=ACfU3U1o6SIZjc9BQqrA24xq5D3eWaasAQ&hl=en&sa=X&ved=2ahUKEwiUvaTgjbroAhWGx4UKHVjMBWcQ6AEwD3oECAoQAQ#v=onepage&q=zakeera%20Docrat%20and%20Annelise%20de%20Vries&f=false">new research</a> suggests another linguistic problem in the system: legal practitioners don’t consider how their clients might be struggling with the language of legal proceedings regulated by the language of record policy. </p>
<p><a href="https://www.tandfonline.com/doi/abs/10.1080/10228195.2019.1690556?needAccess=true&journalCode=rlms20">This is a further layer of discrimination in the justice system</a>. And it means that these clients may not get the best possible access to justice. </p>
<p>We conducted <a href="https://books.google.co.za/books?id=Tee9DwAAQBAJ&pg=PR1&lpg=PR1&dq=zakeera+Docrat+and+Annelise+de+Vries&source=bl&ots=NAF_xHvseU&sig=ACfU3U1o6SIZjc9BQqrA24xq5D3eWaasAQ&hl=en&sa=X&ved=2ahUKEwiUvaTgjbroAhWGx4UKHVjMBWcQ6AEwD3oECAoQAQ#v=onepage&q=zakeera%20Docrat%20and%20Annelise%20de%20Vries&f=false">our study</a> among 100 legal practitioners registered with the respective law societies in South Africa. Some work in private practice; others are government employees. All nine of South Africa’s provinces – and thus different language communities – were represented.</p>
<p>We found that most of these lawyers believed most of their clients spoke English or Afrikaans as home languages. This is surprising, given the fact that only 20.3% of South African citizens speak both Afrikaans and English at home and 26.3% <a href="http://www.statssa.gov.za/publications/P0318/P03182018.pdf">speak Afrikaans and English outside their home</a>. <a href="https://www.gov.za/sites/default/files/gcis_document/201703/40733gen244.pdf">Legal Aid South Africa’s study</a> indicated that most Legal Aid clients spoke isiZulu, isiXhosa or Afrikaans as their home languages. </p>
<p>The data from our study also showed that even when lawyers knew their clients didn’t speak English as a home language they continued to communicate, in writing and orally, with those clients in English. This happened even when the lawyers themselves spoke their clients’ home language and would be able to communicate properly with them in this language. </p>
<p>The primary reason the lawyers gave for this was that court proceedings and the record were conducted in English only. Interpreters may have been present, but only their English statements were placed on record. English was the status quo, lawyers said, and sticking to it was easier.</p>
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<img alt="" src="https://images.theconversation.com/files/326023/original/file-20200407-74220-173tds.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/326023/original/file-20200407-74220-173tds.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=361&fit=crop&dpr=1 600w, https://images.theconversation.com/files/326023/original/file-20200407-74220-173tds.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=361&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/326023/original/file-20200407-74220-173tds.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=361&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/326023/original/file-20200407-74220-173tds.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=453&fit=crop&dpr=1 754w, https://images.theconversation.com/files/326023/original/file-20200407-74220-173tds.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=453&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/326023/original/file-20200407-74220-173tds.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=453&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
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<span class="attribution"><span class="source">Authors supplied</span></span>
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<p>The nonchalant way in which legal practitioners deal with language is alarming. It’s also troubling that they recognise language as being critical to accessing justice – but they mostly blame the country’s court interpreters for language difficulties during court proceedings. The blame is often placed on poor quality interpretation underpinned by a shortage of interpreters and a lack of specialist legal and linguistic training for interpreters. They say interpreters are not sufficiently qualified. </p>
<p>The data showed that the lawyers have no faith in the court interpretation system and because of that, they conduct court proceedings in English. They’re only really concerned with the judge understanding proceedings in English, and the interpreter interpreting back into English what the witness has said. </p>
<h2>Potential solutions</h2>
<p>We can suggest a few ways to change the South African legal system so that people’s rights are served better. </p>
<p>Awareness campaigns must be launched to highlight the important role of language in access to justice. A variety of government departments, the judiciary, universities and the <a href="http://www.dac.gov.za/pansalb">Pan South African Language Board</a> should all be involved in this.</p>
<p>Section 6 of the Constitution states that the nine official African languages must be promoted and elevated to ensure parity of esteem alongside English and Afrikaans. For this to happen in courts, the <a href="https://www.justice.gov.za/legislation/notices/2019/20190426-gg42422gon616-DOJlanguagepolicy.pdf">Department of Justice and Constitutional Development’s language policy</a> should be amended to give clear directives for how African languages can be implemented incrementally in courts and be used as languages of record.</p>
<p><a href="https://droitslinguistiques.ca/fr/revue-de-droit-linguistique/2016-3-rdl/420">Human resources</a> matter, too. Judges should be placed in courts where they understand the language of the community. This would reduce the reliance on interpreting services and improve access to justice through language.</p><img src="https://counter.theconversation.com/content/134911/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Russell H. Kaschula receives funding from the National Research Foundation (NRF). </span></em></p><p class="fine-print"><em><span>Zakeera Docrat receives funding from the National Research Foundation (NRF). </span></em></p><p class="fine-print"><em><span>Annelise de Vries does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Most of the accused in criminal cases in South Africa would not be able to understand the record of their court proceedings.Annelise de Vries, Researcher & PhD Candidate, University of JohannesburgRussell H. Kaschula, Professor of African Language Studies, Rhodes UniversityZakeera Docrat, Postdoctoral research fellow (Forensic Linguistics/ Language and Law), Rhodes UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1255932019-10-22T10:53:05Z2019-10-22T10:53:05ZConfusion of Donald Trump’s Italian interpreter goes viral – why some jobs are meant to be invisible<figure><img src="https://images.theconversation.com/files/297975/original/file-20191021-56224-1tl08p5.jpg?ixlib=rb-1.1.0&rect=0%2C46%2C5021%2C3080&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Unexpected limelight: the Italian translator who stole Trump's show. </span> <span class="attribution"><span class="source">Michael Reynolds/EPA</span></span></figcaption></figure><p>An otherwise uneventful press conference at the White House between the Italian president Sergio Mattarella and US president Donald Trump on October 16 ended up making the facial expressions of one of the other people present go viral. </p>
<p>Taking notes and listening carefully as the leaders spoke, ready to translate between English and Italian, Mattarella’s interpreter, Elisabetta Savigni Ullmann, <a href="https://www.indy100.com/article/trump-syria-turkey-mattarella-white-house-oval-office-sand-9159881">looked remarkably befuddled</a> as Trump discussed US foreign affairs. </p>
<p>She looked <a href="https://www.youtube.com/watch?v=xNdqDu2IKSY">distinctively bemused</a> as he remarked to Mattarella that in Syria: “They’ve got a lot of sand over there. So there’s a lot of sand they can play with.” And then she glanced up, disoriented, as Trump questioned: “How come the FBI never got the server? I’d like to see the server.” </p>
<p><div data-react-class="Tweet" data-react-props="{"tweetId":"1184544147207806976"}"></div></p>
<p>Savigni Ullmann has won sympathy from those who say not even a seasoned interpreter, a neutral professional figure <em>par excellence</em>, can refrain from being horrified by Trump’s <a href="https://theconversation.com/trumpslation-why-donald-trumps-words-give-translators-so-much-trouble-81968">rambling speeches</a>.</p>
<h2>A professional cloak of invisibility</h2>
<p>Since the bilateral meeting, it has emerged that Savigni Ullmann was possibly <a href="https://www.mbs.news/2019/10/the-truth-behind-the-confused-face-of-trumps-translator-is-not-what-you-think.html">only very focused</a> on listening and translating consecutively. Her face habitually appears puzzled as she makes sense of complex meanings and renders them into another language. Regardless of what she was truly thinking, the incident shows a rare occurrence: an interpreter making headlines. </p>
<p>As cultural and linguistic mediators, interpreters have played an important role for centuries – <a href="https://www.researchgate.net/profile/Jesus_Jalon/publication/322780321_La_interpretacion_en_las_Naciones_Unidas_el_impacto_de_las_variables_externas_La_vision_del_interprete/links/5b5adbd80f7e9bc79a670cb5/La-interpretacion-en-las-Naciones-Unidas-el-impacto-de-las-variables-externas-La-vision-del-interprete.pdf">crystallised</a> by the evolution of international diplomatic relations and the founding of the UN. As a trade and a <a href="https://www.bbc.com/future/article/20141117-the-ultimate-multi-taskers">taxing cognitive art</a>, interpreting helps facilitate dialogue and international diplomatic understanding, strengthening world peace and security. The relevance of interpreters is especially pertinent in the current political climate for preserving the flow of discourse and diplomacy.</p>
<p>Nonetheless, interpreters are bound by codes of conduct to behave by following distinctive ideals of neutrality and invisibility. <a href="https://benjamins.com/catalog/btl.55">Research shows</a> that the role of an interpreter is understood as a “channel” that transmits the message to the audience without any alteration, intrusion, or opinion – including through facial expressions and emotions. </p>
<p>The invisibility of interpreters protects them from being held accountable for their misinterpretations or from being accused of interference, and helps them to achieve transparent communication. But it also has implications for their professional recognition, as they must act as hidden figures. Of course they are not “truly” invisible: they are physically seen and heard, but their role is to remain in the background. The better an interpreter can facilitate interaction between people without showing any distress or that they are in difficulty, the better expert they make. </p>
<figure class="align-center ">
<img alt="" src="https://images.theconversation.com/files/297967/original/file-20191021-56215-16agcpe.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/297967/original/file-20191021-56215-16agcpe.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=337&fit=crop&dpr=1 600w, https://images.theconversation.com/files/297967/original/file-20191021-56215-16agcpe.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=337&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/297967/original/file-20191021-56215-16agcpe.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=337&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/297967/original/file-20191021-56215-16agcpe.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=424&fit=crop&dpr=1 754w, https://images.theconversation.com/files/297967/original/file-20191021-56215-16agcpe.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=424&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/297967/original/file-20191021-56215-16agcpe.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=424&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption">A good interpreter is also an invisible interpreter.</span>
<span class="attribution"><span class="source">Deborah Giustin</span>, <span class="license">Author provided</span></span>
</figcaption>
</figure>
<p>Yet, interpreting can be a <a href="https://www.theguardian.com/education/2014/may/15/russian-french-un-interpreter">difficult profession</a>. Interpreters perform as the voices of other experts, under time constraints, facing a swirl of specialised topics and terminology, in high-stakes settings and with no safety net. It is only in failure, when they make mistakes or attract unnecessary attention, that they get noticed at all. </p>
<h2>Invisible skills in an age of self-celebration</h2>
<p>There is a growing body of research on the concept of <a href="https://doi.org/10.1177/0950017016674894">invisible labour</a>, about those types of work which are socially and culturally hidden from view. My own research is concerned with <a href="https://www.tandfonline.com/doi/full/10.1080/1683478X.2019.1632546">such invisible skills and competencies</a> that people are required to perform in complex work environments. I look behind the scenes at the worlds that professionals such as interpreters inhabit, to understand the relentless work they put in.</p>
<p>In some professions, such as editing, digital work, care work, domestic labour, and parts of medical and nursing activities, invisibility comes with the job. Part, or all, of the work performed daily by many workers remains hidden, unacknowledged, or even obscure to both institutions and outsiders. Yet, these workers are pivotal for the completion of complex tasks and the production of specific results. That is the case of interpreters, whose expert skills of seamless linguistic mediation help other parties to succeed. </p>
<p>But the interpreters’ invisible role also challenges <a href="http://www.invisiblesbook.com/">society’s celebration of fame</a>. More and more, workers are in a race to increase the visibility of their own work and profession, such as by posting about it on social media. But these hidden experts reach fulfilment by the critical part they play in their particular working environment – by remaining unsung heroes. </p>
<p>In an age of continuous self-promotion, some people build a career that erases their professional self from the public eye, to help other people be successful. Interpreters allow the show to go on, carrying out projects that significantly affect our lives, while remaining an anonymous presence on the stage. </p>
<p><em>Correction: A line in this article which described the Italian interpreter’s reaction to Trump’s comments about Ancient Rome was removed, because it was from a different press conference.</em></p><img src="https://counter.theconversation.com/content/125593/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Deborah Giustini is affiliated with the Chartered Institute of Linguists.</span></em></p>In a world of people striving for more public professional recognition, interpreters try to remain invisible.Deborah Giustini, Researcher, University of ManchesterLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1004342018-07-25T09:26:08Z2018-07-25T09:26:08ZTrump and Putin: why interpreters should never be called to testify<p>Interpreters <a href="https://theconversation.com/why-donald-trump-desperately-needs-interpreters-for-his-chat-with-kim-98091">play a crucial role</a> in high-level multilingual meetings. Donald Trump’s recent summit with Russian president Vladimir Putin took a <a href="https://theconversation.com/donald-trumps-fight-with-his-own-intelligence-services-will-only-get-worse-100120">rather unexpected turn</a> for the US president, resulting in much controversy over what was said during it. And now his interpreter has been caught up as well.</p>
<p>Trump’s meeting with Putin has created much turmoil over the use of a double negative (which is when two negative grammatical structures are used in the same sentence in order to convey a positive meaning). As a consequence, it is <a href="https://www.bbc.co.uk/news/world-us-canada-44868050">unclear</a> whether during his meeting with the Russian head of state, Trump condemned or refuted Russia’s meddling in US elections. And to make matters worse, only the two presidents and their respective interpreters were present.</p>
<p>In order to shed light on what was said exactly during the meeting, American politicians, such as Democratic Senator <a href="https://www.washingtontimes.com/news/2018/jul/17/jeanne-shaheen-joe-kennedy-want-trump-interpreter-/">Jeanne Shaheen</a>, have called for Marina Gross, Trump’s interpreter, to testify before the US Congress. However, subpoenaing her may not bring us any closer to knowing actually what was discussed during the meeting. More importantly, it risks opening a Pandora’s box for the interpreting profession, and could jeopardise future multilingual meetings, too.</p>
<h2>When notes aren’t notes</h2>
<p>There are many pictures of the meeting circulating online in which Gross is seen sitting next to Trump, holding a pen and notepad. This illustrates well what interpreters do when they work in this way. In a nutshell, interpreters take notes while a participant is speaking, and then render what the participant said into another language.</p>
<p>However, interpreters’ notes differ from other types of notes used to draft the minutes of a meeting. Interpreters do not write down a verbatim account of what is being said, just some key words or ideas. When it is their time to interpret, these words and ideas trigger the interpreter’s short-term memory, enabling them to give a full rendition of what was uttered.</p>
<p>Because these notes are essentially meant to serve as in-the-moment memory aids, they tend to be ephemeral. Based on their notes alone, it’s difficult for interpreters to remember exactly what was said in any given meeting, whether a few months, weeks or even days afterwards. And given the demanding nature of the job, it would be particularly difficult for any interpreter to recall exactly conversations conducted in a two-hour meeting.</p>
<p>Given that in this case a president’s future could hang in the balance, there is no doubt that an interpreter would be hard pressed to provide a word-for-word account with full confidence in its accuracy. But even if this were possible, there are other issues besides.</p>
<h2>Trust and jeopardy</h2>
<p>Demanding that any interpreter testify as to the content of a meeting puts them in a bind. Interpreters abide by some fundamental tenets, one of the most sacrosanct being that of confidentiality. Confidentiality is pivotal in establishing a relationship of trust between the interpreter and the other parties, and without that trust, a meeting’s outcomes may be jeopardised. It would be extremely detrimental to the profession if clients refrained from expressing their views for fear that the interpreter could be later forced to divulge confidential information.</p>
<p>Historically, interpreters have been variously perceived as friends, allies, foes, enemies and traitors. Since World War II, professional bodies and organisations have worked hard to raise the profile of the profession and ensure interpreters are recognised as the highly skilled professionals they are. Asking Trump’s interpreter to testify could be a game changer for the whole profession.</p>
<p>Ever since it was announced that Gross may be called to testify, many interpreters and their professional bodies, including the prestigious <a href="http://www.aiic.net">International Association of Conference Interpreters</a>, have taken to social networks to raise their concerns. As a lecturer and interpreter trainer myself, I feel strongly that calling on interpreters to shed light on what was (or wasn’t) said may be extremely damaging to the profession. It will also certainly send a worrying signal to anyone communicating via interpreters in the future, not least Trump.</p><img src="https://counter.theconversation.com/content/100434/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Jerome Devaux does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Interpreters’ notes are used as a short-term memory aid, not a full record of a discussion.Jerome Devaux, Head of French, The Open UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/980912018-06-11T13:14:12Z2018-06-11T13:14:12ZWhy Donald Trump desperately needs interpreters for his ‘chat’ with Kim<p>After months of back-and-forth insults and compliments the US president, Donald Trump, is <a href="https://theconversation.com/us-north-korea-summit-three-things-trump-and-kim-need-to-talk-about-97959">finally going to meet</a> with North Korean leader Kim Jong-un in a historic summit in Singapore. It has been <a href="https://www.washingtonpost.com/amphtml/politics/in-historic-moment-trump-welcomes-first-north-korean-official-to-white-house-in-18-years/2018/06/01/6b35c1ae-65b3-11e8-99d2-0d678ec08c2f_story.html?noredirect=on&utm_term=.94ada8295158&__twitter_impression=true">hinted</a> that this could be the first of several such meetings, since defusing North Korea’s nuclear strategy will probably take some time.</p>
<p>The volatile and unpredictable nature of both leaders has many onlookers worrying about whether this high-stakes summit will run smoothly. But Trump and Kim aren’t the only people at the table. Also involved will be an underrated team of players who are bound to influence the tenor of the negotiations – the interpreters.</p>
<p>The critical role that interpreters play in political encounters is often overlooked. They are usually <a href="https://www.thedailybeast.com/if-trump-calls-kim-jong-un-a-fat-toad-his-interpreter-will-have-to-translate-it?ref=scroll">considered accessories</a> rather than participants, but in fact, they have tremendous responsibilities in historic talks such as these. There are fears, however, that Trump might suddenly decide to speak to Kim without an interpreter present, as he <a href="https://www.theatlantic.com/politics/archive/2017/07/trump-putin-second-meeting/534099/">reportedly</a> did with Russian president Vladimir Putin at the 2017 G20 summit. </p>
<p>Although he has been briefed continuously in recent weeks, Trump’s critics <a href="https://www.theguardian.com/us-news/2018/jun/07/north-korea-trump-latest-news-kim-jong-un-meeting-us-">worry</a> that he is not well prepared for the talks and may decide to improvise and to make “seat-of-the-pants” decisions. And while there are plenty of “third rails” for him to avoid, foregoing the interpreter would be a big mistake for at least three reasons.</p>
<h2>Understanding Trump</h2>
<p>Much has already been written on the US president’s <a href="https://theconversation.com/trumpslation-why-donald-trumps-words-give-translators-so-much-trouble-81968">habitual mangling</a> of the English language. Even language experts have struggled with his strange jargon, jumbled syntax, leaps of logic, and outright vulgarity. So it would be unreasonable to expect that Kim Jong-un would fare any better when confronted with Trump’s unique way of expressing himself.</p>
<p>While the extent of Kim’s knowledge of English is unclear, it is <a href="https://www.metro.us/news/the-big-stories/does-kim-jong-un-speak-english">thought</a> that he is able to speak it well enough to “chat”– whatever that means. In Trump world, this may be enough encouragement to forego the interpreters – but their diplomatic skills are crucially important for diffusing dangerous situations, particularly in face-to-face dialogue.</p>
<p>If the negotiations turn sour, or Trump suddenly decides to call North Korea a “<a href="https://edition.cnn.com/2018/01/11/politics/immigrants-shithole-countries-trump/index.html">shithole</a>”, as he has done for other countries in the past, Kim might not take kindly to it (to put it mildly), and the world might be thankful if the interpreter decided to use the tamer version that Taiwan’s Central News Agency has previously <a href="https://www.independent.co.uk/news/world/americas/us-politics/trump-shithole-translations-world-china-japan-spain-meaning-different-languages-a8156721.html">opted for</a>: “countries where birds don’t lay eggs”.</p>
<p>Translation scholar Jeremy Munday <a href="https://brage.bibsys.no/xmlui/bitstream/handle/11250/2406113/Munday_2009_The%20Concept%20of%20interpersonal%20in%20translation.pdf?sequence=1">argues</a> that translators and interpreters are able to intervene where original discourse is particularly harsh or ambiguous – and they often do. As an example, he points to the English translation of a speech by Venezuelan president Hugo Chávez to the United Nations General Assembly in New York in 2006, where the reference to the US president as “señor dictador imperialista” (Mr imperialist dictator) was softened in the translation to read “dear world dictator”.</p>
<h2>Filling in the gaps</h2>
<p>It is <a href="http://foreignpolicy.com/2017/06/16/donald-trump-is-proving-too-stupid-to-be-president/">widely reported</a> that Trump generally does not read briefs and that those he does read have generally been “dumbed down, denuded of nuance, and larded with maps and pictures because he can’t be bothered to read a lot of words”. His approach to the forthcoming summit doesn’t seem to be very different. </p>
<p>Just days before the negotiations, he <a href="https://www.bloomberg.com/news/articles/2018-06-07/trump-says-he-doesn-t-need-to-prepare-that-much-for-kim-summit">said</a> that he didn’t think he had to prepare very much, as it’s all about attitude anyway. Worryingly, Trump <a href="https://uk.reuters.com/article/uk-northkorea-usa-trump-negotiator/for-high-stakes-summit-with-kim-trump-trusts-his-gut-over-note-cards-idUKKCN1J40G2">trusts</a> his gut over his briefing notes – and his doubters and critics worry he could be outsmarted in negotiations.</p>
<p>His propensity for recklessness combined with his ignorance could land him in hot water if he decided not to use an interpreter. Indeed, interpreters use their knowledge and subject matter expertise to fill in the gaps. As professional diplomatic interpreter Harry Obst <a href="https://www.bostonglobe.com/ideas/2018/03/16/how-you-translate-donald-trump-into-kim-jong-korean/1N9SCYAaAa99ZIA3RzcSEL/story.html">notes</a>: interpreters travelling with the president get to see his talking points and 80-200 page briefing book. They will study it carefully and should be able to communicate the nuances that escape Trump.</p>
<h2>For the record</h2>
<p>A climate of paranoia hangs over any diplomacy with North Korea, and spoken conversations are particularly sensitive. During previous meetings between US secretary of state Mike Pompeo and North Korean leaders, and CIA agent <a href="https://www.bloomberg.com/news/articles/2018-06-06/mystery-cia-officer-thrust-into-spotlight-as-korea-summit-looms">Andrew Kim</a> apparently used his Korean language skills to make sure that the North Korean interpreters were conveying his messages accurately. And, with US officials <a href="http://uk.businessinsider.com/china-spying-summit-in-singapore-us-north-korea-trump-kim-2018-6/#waiters-and-other-workers-at-restaurants-and-bars-1">expecting</a> Chinese intelligence to spy on discussions at the June 12 meeting, it seems vital that meetings are recorded as accurately as possible to mitigate against any misinformation or misapprehension.</p>
<p>If Trump insists on a one-on-one with Kim Jong-un, he’ll need an American interpreter there to produce this record. Indeed, Obst argues that the interpreter’s notes are the only way to guarantee that an official written record of the meeting is produced for the US National Archives and for the secretary of state. After all, the North Korean record of such a meeting might present quite a different version of events.</p>
<p>It is vitally important that Trump does not shut out his interpreters. Interpreters are much more than conduits for conversations between other individuals, and they are crucial for keeping Trump out of diplomatic trouble. But since the president <a href="https://uk.reuters.com/article/uk-northkorea-usa-trump-negotiator/for-high-stakes-summit-with-kim-trump-trusts-his-gut-over-note-cards-idUKKCN1J40G2">reportedly</a> “wants to go big or go home”, it’s fair to say that we should expect the unexpected.</p><img src="https://counter.theconversation.com/content/98091/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Dr. Severine Hubscher-Davidson does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Kim Jong-un may be able to “chat” in English. That’s not enough to understand Donald Trump.Dr. Severine Hubscher-Davidson, Head of Translation, The Open UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/973952018-05-30T10:27:46Z2018-05-30T10:27:46ZAbandoned by the British, Afghan interpreters explain how they wait for years seeking safety<p>When the British began to withdraw their forces from Afghanistan in 2012, the Afghan civilians they employed as interpreters, cooks and security guards, became even more exposed to threats, losing the limited protection that military bases granted them. </p>
<p>In recognition of their work and its risks, the UK government put two schemes in place. The first, an <a href="https://www.gov.uk/government/publications/afghanistan-locally-employed-staff-ex-gratia-scheme/afghanistan-locally-employed-staff-ex-gratia-scheme-further-information-on-eligibility-criteria-and-offer-details">ex-gratia (redundancy) scheme</a>, was meant exclusively for locally engaged civilians who had been in employment for a minimum of 12 months, and were made redundant on or after December 19, 2012. The second scheme, the so-called <a href="https://www.gov.uk/government/publications/supporting-uk-locally-employed-staff-in-afghanistan">Intimidation Scheme</a>, was open to all Afghan civilians whose safety was threatened because of their employment with the UK.</p>
<p>Now a new <a href="https://publications.parliament.uk/pa/cm201719/cmselect/cmdfence/572/572.pdf">report</a> published by the House of Commons Defence Select Committee has denounced the government’s failure to protect these local Afghans under the Intimidation Scheme. It was based on <a href="https://publications.parliament.uk/pa/cm201719/cmselect/cmdfence/572/57212.htm#_idTextAnchor045">written</a> and <a href="http://data.parliament.uk/writtenevidence/committeeevidence.svc/evidencedocument/defence-committee/locally-employed-civilians/oral/74661.html">oral evidence</a> by former locally engaged civilians, veterans, journalists, politicians and me, as a researcher. </p>
<p>Based on the fact that none of the 401 applicants to the Intimidation Scheme had been relocated to the UK by February 2017 and only 35 were granted a financial reward for relocation within Afghanistan, the committee characterised the scheme as <a href="https://publications.parliament.uk/pa/cm201719/cmselect/cmdfence/572/57208.htm">“hitherto useless”</a>. It also <a href="https://publications.parliament.uk/pa/cm201719/cmselect/cmdfence/572/57203.htm">called</a> upon the government – not without a sense of irony – to:</p>
<blockquote>
<p>Abandon its policy of leaving former interpreters and other loyal personnel dangerously exposed in a country deemed too dangerous for those charged with assessing their claims to venture out from their bases in order to do so.</p>
</blockquote>
<h2>Historical parallels</h2>
<p>In the past, other Western states have relied on local staff for auxiliary and military services, and faced embarrassment about their protection after withdrawal. While the Americans airlifted some of their local employees <a href="https://www.nytimes.com/1975/04/26/archives/vietnam-airlift-goes-on-us-confident.html">out of Saigon in 1975</a>, Frank Snepp, the CIA’s chief strategy analyst in Vietnam, stated two years later in his book <a href="https://kansaspress.ku.edu/978-0-7006-1213-0.html">Decent Interval</a> that the way “agents, friends and collaborators” <a href="https://www.counterpunch.org/2018/04/16/why-vietnam-still-matters-the-great-american-end-and-whitewash-in-saigon/">were betrayed</a> was “an institutional disgrace”. </p>
<p>During his campaign for the French presidency, Emmanuel Macron <a href="https://aiic.net/page/8236/open-letter-to-m-emmanuel-macron/lang/1">compared the situation</a> faced by Afghan interpreters with the historical betrayal of the Harkis, Algerian employees of the French army in combat functions. An <a href="http://www.ejournals.eu/sj/index.php/SHG/article/view/4715">estimated 75,000 to 150,000</a> Harkis were killed following the French withdrawal at the end of the Algerian War of Independence in the early 1960s. </p>
<p>Highlighting these parallels adds further weight to the committee’s recommendations. The many young Afghan interpreters and other locally employed civilians who I met <a href="https://www.opendemocracy.net/uk/sara-de-jong/afghan-interpreters-belonging-on-battlefield-exclusion-from-nation">as part of my research</a> in the UK, however, already have a <a href="https://talkingmigration.com/">large enough burden</a> to carry without history on their shoulders. </p>
<h2>Few options but to flee</h2>
<p>Some 1,150 locally engaged civilians and their dependants who qualified under the Redundancy Scheme were resettled in the UK. Others, such as Hamid and Mohammed – not their real names – left Afghanistan independently in the hope of reaching the UK to claim asylum. Their employment dates did not match the criteria of the Redundancy Scheme, and they recognised that the Intimidation Scheme only existed on paper.</p>
<p>Hamid, a former Afghan civilian employed by the British in his twenties, who I met in southern England in the shop where he worked, told me that he quickly realised that the only way he could get himself to safety was to take a treacherous route to Europe via Iran, Turkey and Greece. He described the route as a three-month struggle with no food, no drink and no money:</p>
<blockquote>
<p>Listen, there were a lot of interpreters who worked there for longer, who stayed there for longer, who lost their legs, the British knew that. But they didn’t care. So why would they bring me? As an intact person?</p>
</blockquote>
<p>Hamid had actually spent four years living as an asylum seeker when he was still a minor. In 2010, his then temporary status was not extended and he was deported back to Afghanistan. Needing a job, he applied to work for the British military. The next day the young man with his perfect mix of Afghan and British culture, was sent to work in Helmand. But when he arrived back to the UK in 2012 for the second time, he had his claim for asylum initially rejected because he had already been deported once before. </p>
<figure>
<iframe width="440" height="260" src="https://www.youtube.com/embed/Qa_lwnWFOSw?wmode=transparent&start=0" frameborder="0" allowfullscreen=""></iframe>
</figure>
<p>I met Mohammed, another former civilian employed by the British, in the flat in a northern English city where some friends had given him a sofa to sleep on. He didn’t have a room for himself as he became homeless after his asylum case was refused by the Home Office and state support stopped. Keeping me warm with a heater and Afghan tea, he told me about his nightmares about the Taliban and about his journey to the UK on the back of a lorry. </p>
<p>A few days before I met him, he had finally been granted refugee status following an appeal. When I asked him if he regretted working for the British in Afghanistan, he told me: </p>
<blockquote>
<p>No, I have no regrets about that. The regret are these four years (of waiting for a positive decision on my asylum claim). Why did I spend four years between death and life? No one can give me those four years back. That’s gone.</p>
</blockquote>
<p>For those locally employed civilians still in danger in Afghanistan and those facing deportation from the UK because of rejected asylum claims, time is even more of essence.</p>
<p>History shows us that changes in policy and formal apologies do not always come quickly. In this case, however, there is clear evidence of the scheme’s failure. The committee <a href="https://publications.parliament.uk/pa/cm201719/cmselect/cmdfence/572/57208.htm">recommended</a> that the government “adopt a more needs-based approach”, which takes seriously the recurrent insecurity faced by former locally employed civilians and looks to apply the existing conditions of the Intimidation Scheme in “a looser and more sympathetic way”. International relocation shouldn’t be a last resort, out of reach for all – and there is no excuse for further lives being wasted away.</p><img src="https://counter.theconversation.com/content/97395/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Sara De Jong gave evidence to the House of Commons Defence Select Committee inquiry into Afghan Interpreters and
Other Locally Employed Civilians. </span></em></p>A committee of MPs has lambasted a government scheme designed to protect Afghan civilians who worked for the British.Sara de Jong, Research Fellow in Citizenship & Governance, The Open UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/674182016-10-24T12:35:35Z2016-10-24T12:35:35ZDeaf or blind people can’t serve on juries – here’s why law needs to change<figure><img src="https://images.theconversation.com/files/142651/original/image-20161021-1751-1u7cqms.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Some can serve, some can't. </span> <span class="attribution"><a class="source" href="http://www.shutterstock.com/pic-121503370/stock-photo-rear-view-of-a-advocate-communicating-with-the-jurors-in-the-court-house.html?src=mOl6miHUYkzD7p4b8Cgc3Q-1-8">bikeriderlondon</a></span></figcaption></figure><p>You might have thought any ordinary person of sound mind can serve on a jury, but actually no. Various groups are excluded in many countries including the UK, Ireland and Australia because of legal prohibitions. In the UK and Ireland, for example, deaf people <a href="https://www.theguardian.com/commentisfree/libertycentral/2010/jul/20/deaf-jurors-jury-system">are deemed</a> “incapable” of serving as jurors if they need an interpreter, since interpreters are not permitted in the jury room. Blind people, meanwhile, <a href="http://www.inbrief.co.uk/legal-system/jury-qualifications-and-disqualifications/">are</a> usually <a href="http://www.thejournal.ie/jury-service-flac-blind-deaf-jurors-871129-Apr2013/">excluded</a> at the judge’s discretion because they can’t read the court materials. </p>
<p>The law for both groups is similar in Australia and was <a href="http://www.abc.net.au/news/2016-10-05/deaf-woman-gaye-lyons-loses-high-court-challenge-juror/7904324">recently confirmed</a> by a final appeal decision in the Australian High Court regarding a deaf woman named Gaye Lyons who needs an interpreter even though she can read lips. She took legal action after she had been excluded from serving on a jury in Queensland in 2012. </p>
<p>In a decision that will potentially influence courts in the UK and other jurisdictions, the court held that Ms Lyons had not been discriminated against. It said the problem was in fact a lack of legislative provision for deaf people and could therefore only be addressed by politicians. </p>
<figure class="align-center zoomable">
<a href="https://images.theconversation.com/files/142653/original/image-20161021-1778-1x2ushd.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="" src="https://images.theconversation.com/files/142653/original/image-20161021-1778-1x2ushd.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/142653/original/image-20161021-1778-1x2ushd.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=433&fit=crop&dpr=1 600w, https://images.theconversation.com/files/142653/original/image-20161021-1778-1x2ushd.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=433&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/142653/original/image-20161021-1778-1x2ushd.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=433&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/142653/original/image-20161021-1778-1x2ushd.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=544&fit=crop&dpr=1 754w, https://images.theconversation.com/files/142653/original/image-20161021-1778-1x2ushd.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=544&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/142653/original/image-20161021-1778-1x2ushd.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=544&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">The interpreting sign.</span>
<span class="attribution"><a class="source" href="http://www.shutterstock.com/pic-11646751/stock-photo-the-interpreting-sign-in-sign-language-on-a-black-background.html?src=dIAx6cek1vMhFqWu6fkrdQ-1-61">Matt Antonino</a></span>
</figcaption>
</figure>
<h2>What is evident</h2>
<p>Lyons’ case is now <a href="http://www.canberratimes.com.au/act-news/act-looking-at-implications-of-high-court-deaf-juror-decision-20161014-gs2ct7.html">being referred</a> by the activist group People With Disability Australia to the UN Committee to the Convention on the Rights of Persons with Disabilities. The UN committee <a href="http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=19877&LangID=E">already condemned</a> two other legal decisions earlier this year to exclude deaf people from juries in New South Wales in Australia in 2012. Meanwhile, the British Deaf Association has been <a href="https://www.bda.org.uk/in-search-of-justice">actively lobbying</a> for deaf people to serve as jurors in the UK. </p>
<p>As things stand, however, it looks like this strange situation is more likely to be changed by politicians than judges – whether in Australia or the UK. As one of the people spearheading research into deaf jurors, there is certainly plenty of evidence as to why it should change. I am not aware of any equivalent work into blind people but some of the same observations would almost certainly be applicable. </p>
<p>For deaf jurors, there’s no comprehension issue. I helped establish that legal facts and concepts <a href="http://www.researchonline.mq.edu.au/vital/access/manager/Repository/mq:51816">can be</a> conveyed in sign language effectively enough for deaf people to access court proceedings and legal texts as well as hearing people. Deaf jurors <a href="https://pureapps2.hw.ac.uk/portal/en/publications/guilty-or-not-guilty-an-investigation-of-deaf-jurors-access-to-court-proceedings-via-sign-language-interpreting(8406e362-8d98-45f6-9ab4-792fd75012bd)/export.html">will</a> misunderstand certain terms and concepts, but no more than anyone else. </p>
<p>A <a href="http://www.academia.edu/7069181/Legal_interpreting_deaf_peple_and_jury_service">survey</a> of legal professionals and sign language interpreters from various countries in 2013 subsequently found that those in jurisdictions that already allowed deaf jurors tended to be more comfortable with having them. Having said that, respondents <a href="https://pureapps2.hw.ac.uk/portal/files/8931251/2015_Napier_McEwin_Alt_LawJ.pdf">didn’t have</a> a problem with deaf jurors in principle and thought they could serve successfully as long as there were clear supportive policies and guidelines and training for interpreters and court staff. </p>
<p>A final study in which I have been involved – which is not yet published – explored a simulated trial involving a deaf juror with interpreters in Australia. The deaf juror participated effectively and was a key contributor in the deliberations. The other hearing jurors overwhelmingly said they weren’t aware of the interpreters being engaged in the process or airing their opinions about the case. They saw them as neutral and not affecting the deliberation process. </p>
<figure class="align-center zoomable">
<a href="https://images.theconversation.com/files/143285/original/image-20161026-11252-1es3hg2.png?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="" src="https://images.theconversation.com/files/143285/original/image-20161026-11252-1es3hg2.png?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/143285/original/image-20161026-11252-1es3hg2.png?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=155&fit=crop&dpr=1 600w, https://images.theconversation.com/files/143285/original/image-20161026-11252-1es3hg2.png?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=155&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/143285/original/image-20161026-11252-1es3hg2.png?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=155&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/143285/original/image-20161026-11252-1es3hg2.png?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=194&fit=crop&dpr=1 754w, https://images.theconversation.com/files/143285/original/image-20161026-11252-1es3hg2.png?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=194&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/143285/original/image-20161026-11252-1es3hg2.png?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=194&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">Still from simulated jury study in Australia.</span>
<span class="attribution"><span class="source">Jemina Napier</span></span>
</figcaption>
</figure>
<p>In feedback sessions earlier this year, judges, lawyers, jury managers and people from deaf organisations agreed the evidence shows there is no social or linguistic impediment to deaf jurors in principle. The legal professionals did believe that the right to a fair trial should override the right to do your civic duty as a juror. They said that providing interpreters would be complex, but was achievable with careful planning. The increasing use of video conference technology was specifically mentioned as a way to provide access to interpreters more easily. </p>
<p>Overall, the evidence strongly suggests that deaf people should be able to serve as jurors – and it is hard to imagine any good reasons not to extend blind people the same rights. It’s time the law was changed in the UK, Ireland and Australia to make this possible. Other countries already permit these kinds of people to serve, including New Zealand and most US states. </p>
<p>The governments and law reform commissions in the UK, Ireland and Australia are all considering this issue at present: it’s high time they took it forward.</p><img src="https://counter.theconversation.com/content/67418/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Professor Jemina Napier has received funding for research on deaf jurors since 2005 from the NSW Law Reform Commission, and through various Macquarie University internal grants. She is currently involved with a team of researchers on an Australian Research Council Linkage Grant (LP120200261, 2013-2016), working with Professor Sandra Hale and Ms Mehera San Roque, University of New South Wales; Professor David Spencer, Australian Catholic University; and Dr Debra Russell, University of Alberta; and with partner organisations: Deaf Australia, the Australian Federation of Deaf Societies and the Australian Sign Language Interpreters Association.
</span></em></p>A recent Australian high court case has highlighted a problem that also exists in UK and Ireland.Jemina Napier, Professor and Chair of Intercultural Communication, Heriot-Watt UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/620272016-08-03T13:52:40Z2016-08-03T13:52:40ZWhen dealing with the police, deaf people are at a major disadvantage<figure><img src="https://images.theconversation.com/files/132959/original/image-20160803-12192-1vud1xc.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Are you receiving me?</span> <span class="attribution"><a class="source" href="http://www.shutterstock.com/s/sign+language/search.html?page=5&thumb_size=mosaic&inline=11646799">Matt Antonio</a></span></figcaption></figure><p>We all have occasions when we need to deal with the police. Perhaps your car has been stolen and you have to report it; or perhaps you have witnessed a mugging and you have been called to the police station to be interviewed and provide a witness statement. Or perhaps you have been accused of shoplifting and the security guard has detained you in the back room until the police arrive. </p>
<p>Interacting with the police can be stressful, regardless of whether you are a witness, a victim or a culprit. Most of us have one very useful advantage, however: we can hear. Anyone who is deaf and has dealt with the police may have found communication a major problem. Too often, the forces in the UK and elsewhere in Europe struggle to provide sign language interpreters at short notice or even to understand the needs of deaf people. It hampers their access to justice and needs to be addressed urgently. </p>
<p>The first thing to make clear is that we are talking about quite a substantial number of people. The European Union of the Deaf <a href="http://www.eud.eu/projects/past-projects/insign-project/">estimates</a> there are approximately a million deaf sign language users in Europe. In the UK, there are <a href="http://www.signature.org.uk/british-sign-language">estimated</a> to be approximately 70,000 deaf people who use British Sign Language as their first or preferred language. </p>
<p>This is a linguistic and cultural minority group with its own accepted norms of behaviour. And most people probably don’t realise that deaf people use different sign languages in every country around the world. They identify one another on that basis in the same way that a British person might identify a German or Spaniard through the way they talk. </p>
<h2>Interpreter rights</h2>
<p>When it comes to the justice system as a whole, deaf people’s right to interpreters has increasingly been recognised – even if this is typically enshrined in <a href="http://www.legislation.gov.uk/ukpga/2010/15/contents">disability discrimination law</a> rather than laws to protect cultural minorities. But while there are now established systems for providing interpreters in courts and tribunals, and clear guidelines on booking them for police interviews and solicitor consultations in the UK and some other countries across Europe, researchers have <a href="http://ijmhd.org/index.php/ijmhd/article/view/5">repeatedly</a> found <a href="http://jdsde.oxfordjournals.org/content/6/3/226.full.pdf">that</a> deaf people encounter <a href="http://www.tandfonline.com/doi/abs/10.1080/15017419.2014.972448?journalCode=sjdr20">barriers</a>. </p>
<p>The issues are often to do with people in the justice system not being aware of the need to book interpreters to ensure that deaf people can communicate. This can usually be resolved in time for court cases or for courses in prison, but what happens in police encounters at short notice? </p>
<figure class="align-center zoomable">
<a href="https://images.theconversation.com/files/132960/original/image-20160803-12230-zbkxo6.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="" src="https://images.theconversation.com/files/132960/original/image-20160803-12230-zbkxo6.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/132960/original/image-20160803-12230-zbkxo6.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/132960/original/image-20160803-12230-zbkxo6.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/132960/original/image-20160803-12230-zbkxo6.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/132960/original/image-20160803-12230-zbkxo6.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/132960/original/image-20160803-12230-zbkxo6.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/132960/original/image-20160803-12230-zbkxo6.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">Sitting comfortably?</span>
<span class="attribution"><a class="source" href="http://www.shutterstock.com/cat.mhtml?lang=en&language=en&ref_site=photo&search_source=search_form&version=llv1&anyorall=all&safesearch=1&use_local_boost=1&autocomplete_id=&search_tracking_id=lg73WXMBAmOZqNpOMwI5Cg&searchterm=police%20interview&show_color_wheel=1&orient=&commercial_ok=&media_type=images&search_cat=&searchtermx=&photographer_name=&people_gender=&people_age=&people_ethnicity=&people_number=&color=&page=1&inline=228275017">Boogaloo</a></span>
</figcaption>
</figure>
<p>There are <a href="https://www.aclu.org/blog/police-brutality-and-deaf-people">reports</a> of police <a href="http://www.huffingtonpost.com/2014/02/19/deaf-man-arrested-sign-language_n_4811785.html">misreading</a> a deaf person’s <a href="http://www.dailymail.co.uk/news/article-131518/Police-arresting-deaf-man-signing.html">attempts</a> to communicate. On some occasions, deaf people have had to wait many hours before an interpreter can be found and they can be interviewed by police.</p>
<p>There are recurring cases of people giving witness statements without an interpreter (or with an unqualified person). The statement is then admitted as evidence in court, and the deaf person doesn’t understand the process they have been involved in or the consequences of signing the statement. As the police interview is the first point of contact in a legal process, it is essential that people understand their rights and the process. This can’t happen for deaf people if they don’t have a professional qualified interpreter in the interview.</p>
<h2>JUSTISIGNS</h2>
<p>To better understand the problem in police settings and address the barriers, I have been collaborating with a team of international specialists for the past three years. The <a href="http://www.justisigns.com/JUSTISIGNS_Project/About.html">JUSTISIGNS project</a> includes seven universities and sign language professional bodies from the UK, Switzerland, Belgium and Ireland. </p>
<p>We found that there is no uniform approach across Europe to training or certifying legal sign language interpreters or making such people available for deaf people in the justice system. Through a series of focus groups and interviews with police officers, deaf people and interpreters in the four countries, our <a href="http://aiic.net/page/7625/justisigns-access-to-justice-for-deaf-people-in-the-eu/lang/1">findings</a> included:</p>
<ul>
<li><p>Police officers are unaware that sign-language users need to have an interpreter present as they cannot necessarily lipread or write notes; and are unclear on the qualifications or level of expertise required of sign language interpreters. There are no clear guidelines for how interpreters and police can work together;</p></li>
<li><p>Some police forces have policies to guide officers when it comes to interviewing deaf suspects/witnesses/victims – in the UK, some forces have begun to develop online videos for example – but police officers do not always know about best practice;</p></li>
<li><p>There are not enough interpreters available at short notice to meet recommendations that only qualified and experienced practitioners be used in the legal system;</p></li>
<li><p>Though some interpreters have received legal training, interpreters are often nervous of working in police interviews in case they get called as a witness in a later court case;</p></li>
<li><p>There is a lack of established legal terminology in British Sign Language and other sign languages. </p></li>
</ul>
<figure class="align-center zoomable">
<a href="https://images.theconversation.com/files/132961/original/image-20160803-12211-l1j3r3.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="" src="https://images.theconversation.com/files/132961/original/image-20160803-12211-l1j3r3.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/132961/original/image-20160803-12211-l1j3r3.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/132961/original/image-20160803-12211-l1j3r3.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/132961/original/image-20160803-12211-l1j3r3.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/132961/original/image-20160803-12211-l1j3r3.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/132961/original/image-20160803-12211-l1j3r3.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/132961/original/image-20160803-12211-l1j3r3.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">Best practice rarely followed.</span>
<span class="attribution"><a class="source" href="http://www.shutterstock.com/s/police+interview/search.html?page=1&thumb_size=mosaic&inline=339704111">Photographee.eu</a></span>
</figcaption>
</figure>
<p>On the back of this evidence, JUSTISIGNS held masterclasses and training workshops for police officers and interpreters in the partner countries; and events and meetings to inform deaf people and other relevant organisations and professionals of the project. In the UK, it helped develop best practice guidelines on legal interpreting and worked with Police Scotland on a British Sign Language translation of the Scottish law caution and an explanation of what it means. </p>
<p>The hope is that in years to come, deaf people will be able to deal with the police in unexpected situations without any disadvantage. That is certainly what they are entitled to expect.</p><img src="https://counter.theconversation.com/content/62027/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Jemina Napier has received co-funding for JUSTISIGNS through the European Commission’s Leonardo Da Vinci Lifelong Learning programme, and from the UK arts and humanities research council.
</span></em></p>Think it’s stressful visiting a police station? Try doing it when you can’t hear.Jemina Napier, Professor and Chair of Intercultural Communication, Heriot-Watt UniversityLicensed as Creative Commons – attribution, no derivatives.