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Anthropology Southern Africa

ISSN: 2332-3256 (Print) 2332-3264 (Online) Journal homepage: http://www.tandfonline.com/loi/rasa20

Socio-economic rights and anthropology? The


case of Deaf people who use South African Sign
Language (SASL) in a university setting

Marion Heap

To cite this article: Marion Heap (2007) Socio-economic rights and anthropology? The case of
Deaf people who use South African Sign Language (SASL) in a university setting, Anthropology
Southern Africa, 30:3-4, 135-142, DOI: 10.1080/23323256.2007.11499957

To link to this article: http://dx.doi.org/10.1080/23323256.2007.11499957

Published online: 25 Sep 2015.

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Anthropology Southern Africa, 2007, 30(3&4) 135

Socio-economic rights and anthropology?


The case of Deaf people who use South African
Sign Language (SASL) in a university setting 1

Marion Heap
Health and Human Rights Division, School of Public Health and Family Medicine, University of Cape Town
Marion. Heap@uct.ac.za

As a response to Van der Waal and Ward's (2006) invitation, this article suggests human rights, particularly socio-economic
rights, as a conceptual framework to take forward anthropology in post-apartheid South Africa. Entrenchment of human rights
in South Africa's Constitution marks a break with the country's past. South Africa's Constitution is relatively unique in its
comprehensive inclusion of socio-economic rights as enforceable rights. The article draws on the unexpected consequences of a
postdoctoral fellowship in public health and human rights. These consequences, based on participant observation in a university
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setting, supply the ethnography for the article. The ethnography traces the process that saw Deaf people who use signed
language enter a university department as research assistants on a rights-based project, and thereafter transform the social
relationships and day-to-day interactions of the hearing people around them. The reasons provided for the integration of the
Deaf into the university include a 'signing space', a Deaf strategy (described earlier in Heap 2003), a supportive staff and a
commitment to and teaching of, human rights. On the basis of the ethnography, I suggest that socio-economic rights as a
conceptual framework allows the debates in anthropology and human rights to take an additional social dimension. This
additional social dimension allows the anthropologist to work for socio-economic rights, and in doing so, combine social
activism and anthropology. Then the social activism itself becomes the means to the ethnography and the exploration of the
often-unpredictable social life af rights (Wilson and Mitchell 2003).

Keywords: Socio-economic rights, social activism, ethnography, Deaf people

You can have the nicest Constitution on paper [but] if it doesn't relate to reality then there are difficulties. The
Constitution requires all of us to respect the dignity of South Africans and one can't speak of a person's dignity when
the person is living in squalor and that person can't have access to facilities, medical facilities, and it is for that reason
I presume that we have in our Constitution ... socio-economic rights Oustice T.L. Skweyiya, Constitutional Court,
October 2003).

Introduction are a defining characteristic of the current post-apartheid


Van der Waal and Ward (2006) invited anthropologists to social context in which South African anthropologists live and
debate the future of their discipline in the southern African work. In 1996, just two years after the country's first-ever
region - its theory and practice. This article suggests human democratic election, the final Constitution of the Republic of
rights, particularly socio-economic rights, as a conceptual South Africa (1996) and Bill of Rights (Chapter Two of the
framework to take anthropology forward - for a number of Constitution) were adopted. This constitution has been
reasons. Human rights are emerging as a major focus in inter- hailed as one of the most progressive in the world. It commits
national discourse: by the second half of the 20th century it the state to redress for past injustices ' ... to [i]mprove the
had become a political value with global ambitions, analogous quality of the life of all citizens ... 'to deal with the legacy of
to political meta-narratives such as 'liberal democracy' or racial discrimination and to correct the social imbalances it
'socialism' (Wilson 2006:77). Human rights are increasingly created (1996, Preamble). Importantly it is almost unique in
seen as a necessary ingredient of development. Amartya that it enshrines the civil and political as well as social and
Sen's (2000) 'hugely influential book' bases development pri- economic rights. :J"his comprehensive inclusion of social and
marily in ideas of freedom and includes a significant discussion economic rights fs a world first (Aibertyn 2006: 195). South
of human rights (Wilson and Mitchell 2003: 13). Anthropology Africa has become an international role model by including
is also seeing a renewed interest in human rights (see, for social and economic rights as enforceable rights in its Consti-
example, Goodale 2006; Wilson 2006). tution (Liebenberg and Pillay 2000: 17). By enshrining civil and
However, most importantly, in South Africa2 human rights political as well as social and economic rights, South Africa's
mark a crucial break with the country's apartheid past and Constitution promises the right to life, equality, freedom, and

I. Acknowledgements: My very sincere thanks to colleagues, Deaf and hearing who cooperated so generously with me on this project. I
would also like to thank the anonymous reviewers of an earlier draft of this article. Funding from the National Research Foundation
(NRF), the Medical Research Council (MRq and University of Cape Town (UCT) is gratefully acknowledged. The research projects
on which this paper is based were approved by the UCT Health Sciences Research Ethics Committee- REOREF 198/2004; 423/2004.
2. The focus of the paper is primarily on the South African situation because this is where my experience lies.
136 Anthropology Southern Africa, 2007, 30(3&4)

dignity (Sections, 7, 9, 10, II) as well as those rights that con- becomes the means to the ethnography and the exploration
cern our day-to-day existence, such as education, health, of the social life of rights {Wilson and Mitchell 2003). Like all
housing, justice, social security and social assistance (Sections social life, rights activism may be messy, and unpredictable.
26, 27). But by participating and observing in the process, the anthro-
The Republic of South Africa (RSA) Constitution's almost pologist is in the position to explore what human rights mean
unique promise of social and economic rights, it has been for the actors at the local level.
argued, is a key to post-apartheid South Africa's efforts to This article draws on my doctoral work (Heap 2003), a
remedy the injustices of the past. According to justice Skwey- postdoctoral fellowship in public health and human rights and
iya (2003) and, as has been argued in the Constitutional in particular, on the unexpected consequences of the fellow-
Court in the Grootboom case judgement:' ... there can be no ship. Tracing these consequences provides the ethnography
doubt that human dignity, freedom and equality, the founda- for the article. I commence the body of the article with the
tional values of our society are denied those who have no ethnography. Then against this background, I return to the lit-
education, health, housing, justice, social security and social erature and argue the points the article endeavours to dem-
assistance. Affording socio-economic rights to all people onstrate.
therefore enables them to enjoy the other rights enshrined in The ethnography opens with a vignette. The vignette,
Chapter 2 .. .' (see para 23, Government of the Republic of drawing on field notes, introduces Deaf people in Cape
South Africa and Others v Grootboom and Others 2000). Town. Deaf (capitalised) refers to the social group - those
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Despite the RSA Constitution's almost unique promise, as who are born deaf or who become deaf as children and
yet, apart from a few exceptions (see, for example, Malan whose first language is South African Sign Language (SASL)
2005) not many South African anthropologists have chosen to (see, for example, Padden and Humphries 1988:2). Deaf peo-
focus on socio-economic rights. During apartheid, anthropol- ple were the focus of my earlier work (Heap 2003). They are
ogists of the expose tradition (Gordon and Spiegel 1993) the focus of my post-doctoral research and this article. The
worked to expose the iniquity (the human rights abuse) of vignette also illustrates a major problem faced by Deaf people
apartheid. David Webster of the University of Witwatersrand in Cape Town and in South Africa more widely - that is, a
was assassinated for his anti-apartheid activism. After 1994, severe shortage of professional SASL interpreters. In 2005
the Truth and Reconciliation Commission (TRC) drew many there were only six professional accredited SASL interpreters
anthropologists (see, for example, Ross 2002; Wilson 200 I) for the entire country and a population of Deaf people that is
from here and across the world. Since the TRC, others have estimated to be between 500 000 and I 500 000 people
written on the socio-economic rights activism of the Treat- (Heap and Morgans 2006) and since then little has changed. It
ment Action Campaign (Robins 2006) or worked with local was this shortage and its consequence for the human rights of
people on land claims (see, for example, Sharp and Boonzaier Deaf people (see Heap and Morgans 2006) that led me to
1994; Cape Argus, October 20, 2006:2; Cape Times, October take up the post-doctoral fellowship. When I was offered the
27, 2006:5). Comaroff and Comaroff (2005) have problema- fellowship I could not say no. I saw it as a chance 'to do some-
tised the RSA Constitution, examining it for its notion of cul- thing practical' at least where health care was concerned.
ture and the contradictions for South African citizenship and Knowing the problems, it was not easy to walk away when
difference that it promoted. the thesis was over. I could not just cut my ties, even if I had
For those anthropologists who may be interested in wanted to. Cape Town is my hometown and I live and work
working for socio-economic redress, a narrow focus on 'cul- here.
tural' identity and minority indigenous rights that reflects the The post-doctoral fellowship (and my current research)
Canadian and New Zealand experience is inadequate (Leh- works towards integrating professional SASL interpreters in
mann 2004). Apartheid denied the majority both socio-eco- health care in Cape Town. When I started the fellowship my
nomic as well as civil and political rights. Black people were intentions were purely practical. Nothing was going to dis-
denied the right to vote, the right to freedom of speech and a tract me from my purpose. I saw my time as short and my
fair trial. Apartheid also meant dispossession from their land task considerable. I had no intention of pursuing human rights
and housing. It meant deliberate underdevelopment and dis- as a new anthropological interest area. Then the unexpected
crimination in the quantity and quality of education, housing, happened. The postdoctoral human rights orientated project
health care and social security (see, also, Liebenberg and Pil- began to take on a social life of its own (cf Wilson and Mitch-
lay 2000: 18). By 1995 up to 48 percent of the population - ell 2003). The Deaf people whom I had employed for the
estimated to be nearly 40 million - were living below the pov- research came to the Department and began to transform
erty line (Landsman and Mackay 2006: 12). the social relationships and the day-to-day interactions of the
This article will suggest that, by including socio-economic hearing people around them. In a relatively short time they
rights, the RSA Constitution provides an opportunity for had penetrated the university department, where I was
anthropology to extend the debates in human rights and based, at a number of levels.
anthropology beyond 'cultural' rights alone. It allows the I trace the process of the Deaf making their way into the
debate around human rights to take a different - or at least university. It is based primarily on my participating and
additional - social dimension. This additional social dimension observing in a university setting3. This participant observation
allows the anthropologist to work for redress, socio-eco- began somewhat unwittingly and then more consciously. It
nomic rights and social justice. This is not applying but rather did not include any formal interviews, only conversations
exploring anthropological knowledge. It explores by combin- with colleagues as well as participation in day-to-day depart-
ing anthropology and social activism. The social activism itself mental activities, research projects, and teaching of both
Anthropology Southern Africa, 2007, 30(3&4) 137

undergraduate and postgraduate health science students. business, justice and health care, is severely limited because
of the lack of professional accredited SASL interpreters (Mor-
A vignette: gan 200 I; Heap and Morgans 2006). A long history of flawed
When Flora4 was diagnosed in 29 july 2006, she was the third of educational policy that emphasised speech and lip-reading
my Deaf acquaintances to be diagnosed with a brain tumour. ahead of signed language (Ree 1999/2000) can account, at
May and Makhaya died in 2005. Uke Flora (aged 54 years) they least partly, for the poor supply. For people who were sup-
were relatively young:May was 60 and Makhaya 54 years of age. posed to speak and lip-read- to be like the hearing- profes-
At Makhaya's funeral/ remember wondering: would it have made sional SASL interpreters were not a policy consideration. In
a difference - would he still be alive - if he had had the services of addition, South Africa generally has a poor record where
a professional South African Sign Language (SASL) interpreter? interpreters and translation are concerned. In all the years
One can never be certain. But it took a long time before leading up to 1994, there were no official interpreter posts in
Makhaya's brain tumour was diagnosed. He went to a number of the public service, outside of the judiciary (Drennan and
general practitioners, clinics and community health centres (for- Swartz 2002: 1854). Continuing this trend in post-apartheid
merly the Day Hospitals) when the headaches and vomiting first South Africa, no provision was made for official interpreter
began. Health care focused on the vomiting, gave him antacids, posts in health care in a recent revision of the public service
sent him for x-rays and gave him dietary advice. It was difficult post structure (see Drennan and Swartz 2002: 1854).
without an interpreter for health care to take a proper history Communication is key to the health care encounter.
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and probe the other symptoms. Makhaya had no way to express When interpreters are lacking, effective health care is com-
himself. He could not explain that in addition to the vomiting his promised. There is misunderstanding and diagnosis may be
headaches were severe, he was slurring his signs, his eyesight delayed or missed as the vignette suggests. It is also very dis-
was failing and he was finding it difficult to walk in a straight line. tressing to find yourself left in the waiting room at the end of
In due course he became very ill, worn out by the vomiting and a long and busy day in a state health care facility, because you
the pain. He was admitted to a regional hospital and from there could not 'hear' - or lip-read - when your name was called. It
he was transferred to the local academic hospital. The academic is heartbreaking to find you have been given 'a morning after
hospital diagnosed a tumour in the post-occipital area of his pill', when all you wanted was a pregnancy test (in conversa-
brain. An emergency shunt relieved the inter-cranial pressure tion on the way home from the annual Health and Human
and later the tumour was removed surgically - but it re- Rights Workshop6, March 2006, University of Stellenbosch).
appeared. In the end Makhaya died at a hospital for the chroni- Professional interpreting services is a human rights issue.
cally ill. Flora was admitted to the same hospital, Thursday The RSA Constitution promises the right to health care on
August /8, 2006, following surgery for the tumour. She died the basis of equality and freedom from any form of unfair dis-
there Sunday night, August 20, 2006. At her funeral a week later crimination on a number of grounds, including, race, gender,
I wondered again: would a professional SASL interpreter have as well as disability and language (Pillay 1999: I). To overcome
made a difference? language barriers and to ensure equal access to effective non-
Flora, May and Makhaya were Deaf. By the time of their discriminatory health care, Pillay has argued that professional
death I knew them well, for close on I 0 years, since the start interpreter and translation services must become an integral
of my fieldwork. My thesis (Heap 2003) focused on how Deaf part of service delivery ( 1999:5).
people strategise creatively to deal with being deaf and mar- My down-to-earth research plan to improve professional
ginalised in a dominantly hearing society. It identified a key SASL interpreting services involved a survey. The survey
strategy, a signing space. A signing space, identifiable on the would document what had been up to then largely anecdotal
basis of signed-based 5 language communication, is a set of evidence of the communication experiences of Deaf people
social networks that is developed as a process over time. It in health care. And then armed with a 'scientific' report based
extends from the Deaf individual to include Deaf and hearing on this survey, I hoped to lobby the health care authorities
people who use signed language. By means of the signing and create awareness for the interpreting needs of Deaf peo-
space and related to this language, Deaf people make life ple.
meaningful for themselves and those hearing people with The survey employed four Deaf people as research assist-
whom they interact. Within the networks of the signing ants because they had the necessary skills. They knew the
space, Deaf people love, marry, parent and party just like language and could 'find' Deaf people who are generally not
everyone else. They are free to take up their social and voca- easy to access for research purposes. Being Deaf themselves
tional roles. However, the signing space tended to be con- the researchers could tap into the extraordinary networks of
fined to the relationships of family, friends and social relationships that I have described as comprising the
neighbourhood. 'Deaf community' of Cape Town (see Heap 2006).
Beyond the networks of the signing space, Deaf people's The survey introduced four Deaf people to the staff of the
access to the public sector, including education, employment, university department where I was employed. At first the

3. To use my experiences based on participant observation, I have had the cooperation - and the permission - of the Deaf involved, the
Head of Department as well as my colleagues on the Floor where I work.
4. I use pseudonyms throughout to protect the identity of the people involved.
5. I have used the term sign-based in my thesis (Heap 2003) to make the point that the degree of SASL fluency varied.
6. Every year around Human Rights Day (21 March) the four Health Science Faculties in the Western Cape (that is Cape Peninsula Uni-
versity of Technology, Stellenbosch University, University of the Western Cape and the University of Cape Town) take turns to mark
the occasion with a Workshop on the right to health and health care.
138 Anthropology Southern Africa, 2007, 30(3&4)

Deaf research assistants came to the department for the nec- ing room only (which is rare) and included all levels, from
essary research training and meetings. Then when the field- professors to administrative staff. Led by a dynamic and
work was complete, the two younger workers - Andile and attractive young Deaf teacher, it was a lively occasion, with
Thabile - who had computer experience, moved into the much fun and fumbling as the staff practiced sign greetings
Researchers' Office to capture and clean the survey data. and sign names.
Following this move into the Researchers' Office noticea- After the Noon Meeting the Deaf fieldworkers began to
ble changes began to occur. Deaf and hearing colleagues take part in numerous other activities. They attended - with
working together, encouraged by a supportive public health professional SASL interpreting - workshops and conferences.
context, began to negotiate a cultural space around SASL. I They were invited to and attended an inaugural lecture. They
remember remarking on it to Sally Frankental, my doctoral addressed the Faculty Administrative staff, which included the
supervisor, when she asked after my postdoctoral research. 'I Deputy Dean. They have interacted with students and have
think they [the Deaf] are creating a signing space in the taken part in the teaching of both second- and third-year
department and in the Faculty'. 'Well write about it!' she health science students. They collaborated with students to
urged. Thereafter, I began more consciously to participate produce a set of guidelines for health-care staff interacting
and observe in the process of the creation of a signing space with Deaf people (Heap et a/ 2006). They are now regular
in a university setting. The next section of the article traces part-time members of staff. And from the beginning of 2007,
this process. the Disability Unit of the university commenced SASL classes
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across the university. Four members of staff from the floor


Sign names and noon meetings where the Deaf people work attend these classes.
This level of integration of the Deaf in the Health Science
The open-plan Researchers' Office where Andile, Thabile and
Faculty was quite unexpected. I had hoped that the Deaf net-
I worked, hosts three or four other researchers. It was here
works would work to access Deaf people for the survey and
that I first noticed the beginnings of the signing space as the
they did. But I did not expect their networks to push back a
Deaf began to integrate into the department. The first real
hearing boundary in a university and university department.
development was the 'sign names'. I noticed, when they were
The question then is: what are the factors that account for
chatting among themselves that Andile and Thabile had given
the expanding signing space? Andile and Thabile, as Deaf,
sign names to my immediate colleagues in the Researchers'
brought their strategies with them. They have been dealing
Office - Xolela and Zola - as well as to the Professor.
with hearing people all their lives. But context also counts. To
The Deaf use 'sign names' among themselves and for the
look at the context, I start with the Researchers' Office.
hearing with whom they associate regularly and with whom
they establish relationships. Sign names by means of a single
or a combined sign define an individual uniquely. The names
A researchers' office, monthly birthday teas, anti-
apartheid activists and human rights
are often very astute in the way they home in to detail a
unique characteristic, or a physical feature, even a personality 'You got a cool place here bru ... ' was how one of our visi-
trait. Some even have a history dating back to school days. tors described the 'Researchers' Office'. The Researchers'
Sign names rarely have a written equivalent. For instance my Office, where Thabile, Andile and I worked is a hive of diver-
name is clumsy to describe in words: the first finger and the sity. If you look at the demographics we vary on almost every
thumb are extended from a fist of one hand to make a three criterion, such as age, residence, religion, old apartheid cate-
quarter circle around the eye followed by the initial M along- gories, place of birth, education and language. Some days you
side the eye. But it is a nimble and efficient sign that defines can hear and see four languages in use - Afrikaans, isiXhosa,
me uniquely as the M who wears round spectacles. English and SASL and sometimes even more. Most recently
Beyond the office, Andile and Thabile were also coming we have also had visiting interns speaking Dutch and Spanish.
into contact with other members of staff, especially in the The Researchers' Office brings together in one place
room that housed the photocopier and tea-making equip- many of the strands that make up the university. Xolela, Zola
ment. As in any department this room is an important infor- and Gadija7 are permanent research staff. Beth, a medical
mal meeting place for staff who would otherwise not see doctor, class medallist and Rhodes scholar, spent eight
each other regularly. Anna, a hearing colleague, was meeting months in the office before she left for Oxford. Ellen spent
Thabile nearly every day and she was beginning to feel awk- three months on a prestigious internship before she returned
ward because she was unable to greet her and converse with to the USA to complete her medical residency. Students also
her. She wanted to learn how to communicate in signed lan- visit from adult education, anthropology, health sciences and
guage. the Public Health Master's Programme. And not to forget the
Anna asked me for some contacts and went ahead and 'corns': Zola is the resident trade unionist and worker repre-
arranged a slot in the regular weekly staff seminar series. The sentative. He regularly holds meetings with his comrades or
non-governmental organisation, SLED (Sign Language Educa- consults in the Researchers' Office.
tion and Development) supplied a Deaf teacher and two pro- The residents appear very different with different South
fessional SASL interpreters. Anna advertised the meeting by African histories. They have different likes and dislikes, enjoy
email to all members of the department. Almost the entire different music, different movies, and even different food.
department attended. The turnout was extraordinary, stand- They support different sports teams. Xolela supports

but her
7. Gadija was away - on maternity leave - for most of the time that Andile and Thabile were in the office on a day-to-day basis
contribution to the general ambience of the office while she was part of the staff must be acknowledged.
Anthropology Southern Africa, 2007, 30(3&4) 139

Orlando Pirates and Zola, Andile and Thabile support Kaiser tion of health professionals (Truth and Reconciliation Com-
Chiefs. Yet we work well. We debate. We tease. We com- mission Report 1998: I 09-164; Baldwin-Ragaven 1998;
miserate. We share ups and downs. We laugh. Sometimes we London et a/ 1997). Currently at UCT, teaching of human
cry. We may get angry but it is rarely with each other. rights takes place at undergraduate and post-graduate levels
The Researchers' Office, I suggest, is like the best of what as well as in the form of a Train-the-Trainer Course - a
'working class township' life has to offer. It was in the Cape weeklong course directed at the teachers of health profes-
Town township setting that I first noticed Deaf and hearing sionals.
people mixing easily. I argued (Heap 2003) that the density of The hard question is: does human rights play a role in the
township living, the multigenerational households and tightly facilitation of the signing space? That is, would the depart-
packed neighbourhoods have their problems but they also ment and the faculty have been as supportive of the Deaf
have certain advantages. These advantages contributed to the people if it did not have the Health and Human Rights pro-
formation of the signing space. When people live or work gramme? There is no simple answer. The answer is partly the
face to face, they are much more likely to need to communi- Deaf themselves. As I have said, for most of their lives the
cate. It may even start, as it did in the Researchers' Office, Deaf have been making social life meaningful for themselves
with names and with greetings. and hearing people in predominantly hearing situations. The
Beyond the Researchers' Office there were a number of answer is also a supportive university context, as I have tried
almost routine departmental sociable occasions that also facil- to demonstrate. But I would also say that human rights have
itated the integration of the Deaf, such as the Monthly Birth- had an impact. They have enhanced sensitivity to human dig-
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day Tea On the last Thursday of every month at morning nity, respect and vulnerability. They have enhanced a sense of
teatime (10h30 - llhOO), the department celebrates the accountability for what not only governments do but also
birthdays that have occurred during the month. This is also an what people do. This accountability in the department and in
occasion to congratulate staff on marriages, births, as well as the faculty has been practical. The department and the faculty
career successes or promotions. It is a time to welcome new fund professional SASL interpreters. Interpreters are now
members and visitors and to say farewell to those leaving. almost routine practice when Deaf people are to be present,
certainly at formal functions, such as lectures and confer-
A typical Monthly Birthday Tea begins with a timely e-mail
ences.
reminder to all members of the department from the admin-
istrator in charge of the occasion. The staff members who Thus far I can say that human rights have played a role in
have a birthday in the month are responsible for supplying the the unexpected integration of Deaf people into the univer-
eats. At I Oh30, the staff assembles in the department's 'tea sity. A human rights framework has facilitated the more for-
room'. The tea room is large, comfortably furnished and mal aim of my postdoctoral research. In 2008 I hope to pilot
attached to a well-appointed kitchen. The tea is well the first professional SASL interpreter service in health care in
attended and is always hosted by the head of department or, Cape Town, although professional SASL interpreters are still
if not available, the deputy. The administrator, who has few. However, the question remains: what does human
responsibility for the tea, briefs the head on all the happen- rights as a conceptual framework suggest for the future of
ings for the month. Halfway through the tea, when all are anthropology in South Africa? The next section of the article
comfortably settled with tea and cake, the head stands up returns to the suggestions this article makes to examine these
informally - but appropriately - to pass on the good wishes in the light of the literature.
on behalf of the staff.
The Monthly Birthday Tea fulfills a number of functions. Anthropology and human rights
Especially it works to integrate and hold together a large staff I have suggested earlier that socio-economic rights provide
dispersed across a number of floors and buildings. Without a an additional social dimension to take anthropology and
deliberate effort to bring the staff together; months could go human rights beyond the culture versus rights debates. This
by and they would not see each other. It works well because debate has a long history beginning in 1947. Then Herskow-
the senior staff takes it seriously. I remember a visitor itz, writing on behalf of the American Association of Anthro-
remarking on the numbers attending, the friendliness and the pologists (AAA) and from a cultural relativist perspective,
congeniality of the occasion. She said they had something challenged the universality of the United Nations' proposed
similar at the organisation where she worked but only the Universal Declaration of Human Rights (AAA 1947). The cul-
administrative staff attended, and never the senior staff. As a tural relativist per'$pective, as is well known, viewed cultures
result there were many people she had never met, and as numerous neatly bounded, ahistorical, homogeneous enti-
whose names she did not even know. ties. The 'lens of cultural relativity' made the 'world appear as
In addition to the Researchers' Office and the routine culture gardens separated by boundary-maintaining values -
sociable occasions, there is also an 'historical' factor. Many of as posited essences' (Malkki 1992, quoting Prakash 1990,
the senior academics and other members of staff have a long cited in Preis 1996:290). Herskowitz's Statement (AAA
history of a commitment to social justice, having been active 1947), some would argue, has been widely misunderstood
in the anti-apartheid struggle from their student days. Their and misinterpreted (Goodale 2006). His warning of a 'moral
research and teaching activities continue to reflect this com- imperialism' (Hernandez-Truyol and Esperanza 2002, cited in
mitment. As well, after 1994, at the TRC, Leslie London and Goodale 2006:2) based on certain preferred largely 'western'
Laurel Baldwin-Ragaven were instrumental in arranging the standards was, in fact, based on a deep concern for, what I
health professional hearings. One of the recommendations of would term social justice. He was concerned that none
these hearings was the inclusion of human rights in the educa- should be excluded from 'the freedom of full participation'
140 Anthropology Southern Africa, 2007, 30(3&4)

(AAA 1947:543, cited in Goodale 2006:2)- basically because To go forward, Goodale has proposed an 'ecumenical
of different ways of doing things. anthropology of human rights' (2006:5). Such an anthropol-
After 1948, anthropologists were sidelined and human ogy of human rights combines approaches motivated by
rights became largely the prerogative of political theorists, 'emancipatory activism' (Turner 1997) and those motivated
legal scholars, and philosophers (Messer 1993:223-235). For by an ethnography of human rights' (Wilson 2006:81 ). I draw
these scholars, whether rights were universal or relative
on Goodale (2006) to suggest human rights, particularly
became a key topic despite anthropology's marginalisation
from these debates (Washburn 1987; Renteln 1988; Cohen socio-economic rights, as a conceptual framework to take
1989; Messer 1993; Engle 200 I). Their view of cultures as forward anthropology in post-apartheid South Africa. This
homogeneous, integrated and consensual systems that must conceptual framework in the South African context retains
be accepted or criticised as wholes has persisted up to the the notion of emancipation to emphasise the action for free-
present (Merry 2003:3). 'Human rights continues to be a bat- dom and redress it implies. It expands this notion to include
tlefield of fierce, heated and passionate debate, with
an emancipatory activism motivated by social and economic
researchers making strong - and strongly varying - philo-
justice. By focusing on socio-economic rights, a South African
sophical, political or moral commitments' (Preis 1996:288).
anthropology of human rights goes beyond an emancipatory
Since 1948, however, anthropological theories about cul-
activism that historically has tended to focus on the rights of
ture have changed a great deal. Ortner ( 1984) and even ear-
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lier work turned the focus to fluidity, to practice and power, indigenous minorities to embrace an additional social dimen-
actors and actions, variation, process, context, and the inter- sion. The social dimension allows the anthropologist to work
relationships of the local and the global. Interestingly, in South for and at the same time undertake ethnography of the often-
Africa, an interest in and an awareness of process or fluidity unpredictable social life of socio-economic rights (Wilson and
came early. Monica Hunter's Reaction to Conquest ( 1936) 'a
Mitchell 2003) as this article has attempted to demonstrate.
study of the Pondo, not only in their 'tribal' setting but also as
labourers on European farms and in the towns of South
Africa, has been singled out as a notable example of a dia- In conclusion
chronic or historically-dimensioned study at a time when
My formal research in public health and human rights -work-
ahistorical and static studies are said to have dominated the
field' (Brown 1973: 187, cited in Moore 1993:36, see Note ing to make professional SASL interpreters integral to health
I 0). Anthropology in South Africa also had trouble embracing care in Cape Town - took me on an unintended and unex-
the cultural relativist paradigm in the ways that it was used in pected journey. The journey is not over. At this point I would
the USA because of the use of the culture concept by the like to suggest that anthropology in South Africa explore
apartheid government. Towards the end of the 1980s the socio-economic rights as a conceptual framework. I am sug-
changes in anthropology began to have a noticeable influence
gesting engaging in social, especially socio-economic rights
on debates around human rights (Messer 1993; Goodale
2006). Increasingly, human rights were being viewed as 'cul- activism to pursue ethnography, even though whether to
tural practice' (Preis 1996), to be seen in context (Wilson engage or not will always be contested. Combining social
1997) and inevitably more complex (Merry 2003). activism and ethnography allows the South African anthropol-
Over time, two major approaches or themes are said to ogist to engage constructively but critically (Spiegel 2006)
have emerged in anthropology and human rights (Goodale with the promise of the RSA Constitution, both as a citizen
2006). In a recent 'In Focus' section of the American Anthro- and as an anthropologist. This is asking for more than the
pologist, dedicated to taking anthropology and human rights usual understanding of 'citizen anthropologist', which tends
into a 'new key', Goodale (2006) makes a 'constructive dis-
to refer only to the relationship with the study population of
tinction' (Wilson 2006:81) between anthropological
approaches to human rights that are motivated by an 'eman- the anthropologist who works at home (see, for example,
cipatory activism' (see, for example, Turner 1997) and those Becker, Boonzaier and Owen 2005). I am asking for engage-
that establish an analytical distance to undertake 'an ethnog- ment with a human rights issue, both actively and critically. In
raphy' of human rights claims and their concrete conse- the process, the anthropologist explores what making real
quences (see, for example, Wilson 200 I; Cowan et a/ 200 I , the promise of the RSA Constitution actually means at the
and Ross 2002 for a South African example). An 'emancipa-
level of the lived experience of ordinary people. Anthropol-
tory activist' approach, in line with Turner ( 1993; 1997), uses
expressions of cultural difference to explore underlying struc- ogy can provide rich ethnographic texture and theoretical
tural inequalities of race and class, and uses these to work for innovation about the lived experience of marginalisation and
redress. It advocates engaging with minority indigenous cul- human rights discourse and practice. Anthropologists are
tural rights struggles. In contrast, an ethnographic approach known to 'get off the verandah' (Wilson 2006:79) and go
stands somewhat back from the rights struggle and explores where few others venture to find the 'poorest of the poor'
the social life of rights (Wilson and Mitchell 2003) - the per-
(de Jongh 2002). The poorest of the poor and vulnerable
formative dimensions of human rights, the dynamics of social
groups are a key focus for redress by the RSA Constitution.
mobilisation and the attitudinal changes of elite and non-elite
actors towards formulations of rights and justice, both inside As Justice Denis Davis puts it:' ... our Constitution is [about]
and outside the legal process (Wilson 2006: 77). dealing with the poorest of the poor first' (Davis 2006).
Anthropology Southern Africa, 2007, 30(3&4) 141

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