People with speech impairments may soon be able to provide crime-related evidence in court and during investigations using sign language. This could become a reality if a bill, currently under consideration in parliament, is passed into law.

The draft law governing evidence seeks, among other things, to address how a speech-impaired witness may testify. The New Times understands that it is awaiting analysis by a responsible parliamentary committee, before being put to a vote by the plenary session of the Lower House.

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This law governs the evidence and its production in the courts. It may also apply to other bodies in charge of conflict resolution as well, as in other decision-making bodies, subject to evidence provided for by specific laws, according to its plenary note.

Once enacted, it will replace the existing law of 2004 relating to evidence and its production.

Among other provisions, the draft law aims to allow a speech-impaired witness to provide testimony by use of any other manner in which he or she may make it intelligible, either by writing or by signs.

If it is adopted, testimony will be submitted through oral ways, writings, signs; video, recording, or any other technological means.

The Executive Secretary of the National Council of Persons with Disabilities (NCPD), Emmanuel Ndayisaba, told The New Times that "the implication is that justice is going to be dispensed at the same level for all Rwandans, especially those who have speech and hearing impairments.”

"It was a major challenge for a person with that disability [speech impairment] to talk with judges or prosecutors,” he said, pointing out that sometimes the inability to understand the expressions of a person with speech impairment could lead to an unfair judgment against them, or their case was not given due attention.

There are some people who are raped but they are discouraged to lodge their case because they are unable to speak nor hear which complicates the way they would explain it, Ndayisaba exposed.

"But once it is provided for by the law, it means that judicial entities must act in such a way that the person in question gets justice by means of evidence in the form of sign language,” he said.

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Jean-Paul Ibambe, a lawyer and Senior Capacity Development Officer at The Legal Aid Forum (LAF), told The New Times, "It is progressive and very positive in terms of inclusivity if you look at people with disabilities who also need justice, or can make a contribution to access to justice as witnesses.”

He appreciated the fact that the bill is increasing the legally recognised means through which evidence can be given by factoring in signs – apart from spoken words and writings.

Overall, he said, the personnel of the judiciary including judges, prosecutors, and investigators lack knowledge of sign language, which makes it difficult for people with disabilities in question to access justice.

For effective implementation of the move, Ndayisaba pointed out that the organs responsible for dispensing justice have to look for ways its personnel get trained in sign language.

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Meanwhile, he said that the workshop to launch a sign language dictionary is expected to be held in October this year.

Priorities for training on sign language will be in education, health, and judicial sectors as some of the critical areas where people with speech and hearing impairment should get services without the need for interpreters, Ndayisaba said.