ecmi project on status of minority languages and languages rights in europe
TRANSCRIPT
Linguistic Diversity as a NORM• There are between 6000 and 7000 languages in the world
• 7 billion speakers divided into 189 independent states
• 96% of the world population speak 4% of languages (Crystal 2000)
• Most of the world’s languages are spoken in Asia and Africa
• There are about 225 indigenous languages in Europe (3% of the world’s total; dialects are NOT included!). Some of the regional or minority languages in Europe has obtained official status.
• Most European languages • belong to three broad groups: Germanic, Roman and Slavic• use Latin alphabet. Some Slavic languages use Cyrillic alphabet• Greek, Armenian, Georgian and Yiddish have their own alphabet
• Arabic, Chinese and Hindi are the non-European languages most widely used in Europe
• In Russia (148 million inhabitants) – the highest number of languages spoken on its territory: from 130 to 200 depending on the criteria
• In London – ca 300 languages are spoken (Arabic, Turkish, Kurdish, Berber, Hindi, Punjabi, etc.)
• At least 50% of the world’s population is bilingual or multilingual
• Usually there is no perfect balance between the two languages of the 'perfect bilinguals'
Language diversity map http://www.map.language-diversity.eu/ Source: http://www.coe.int/t/dg4/linguistic/Profils1_EN.asp#TopOfPage
• PRAGMATIC: Language as a tool• Communication• Transfer of knowledge and information• Transfer of values, world-views and ideas• Socialization (bridging people within a dynamic-community)• Enables integration and societal cohesion (us with them)
• Language is used and maintained to serve pragmatic purposes. Its value / importance / use are directly connected to predefined end-goals.
• SYMBOLIC: Language as a marker of• Identity• Culture• Belonging (to a culture - adherence to values, world-views and ideas) • Bonding people in a static community (cultural, social/class, religious) • Delineates communities (us vs. them)
• Language is used and maintained as long as the individual is interested to maintain their identity and culture (or their specific aspects). Its value / importance / use are a projection of the type of affiliation of the individual with a particular culture and/or community.
The Dual Role of Language
• Language is both a social construct and a societal constructor
• Language is an (‘dead’) artifact unless USED
• Language is a social event – minimum of 2 users are required
• The pragmatic and the symbolic aspects are in a dynamic interplay.
• When the language does not serve particular pragmatic purposes, it can be changed for another that covers the respective needs.
• As identity marker the language is just an attribute, which can fade away if: • Its pragmatic (incl. social) value is low• The identity is NOT under threat • The individual wants to dissociate from the culture/community
Language as a Social Process
Language as a Human Rights
“Language rights” and “linguistic human rights” are human rights which have an incidence on language preferences of or use by state authorities, individuals and other entities.
Language rights• in various human rights and freedoms provisions: • the prohibition of discrimination, freedom of expression, the right to private life, the right to
education, and the right of linguistic minorities to use their own language with others in their group.
Linguistic human rights (basic needs)• a series of obligations on state authorities to either use certain languages in a number
of contexts• may extend to an obligation to recognise or support the use of languages of minorities or
indigenous peoples• Human rights involving language are a combination of legal requirements based on
human rights treaties and guidelines to state authorities on how to address languages or minority issues, and potential impacts associated with linguistic diversity within a state.
Source: UNHCR Language Rights of Linguistic Minorities A Practical Guide for Implementation
Human Rights Obligations of State Authorities
State Authorities must:
• respect the language rights as human rights
• recognise and promote cultural and linguistic diversity, tolerance and mutual respect
• have in place legislation and policies that address linguistic human rights and prescribe a clear framework of standards and conduct;
• implement their human rights obligations by following the proportionality principle in the use of or support for different languages, and the principle of linguistic freedom for private parties
• integrate the concept of active offer as an integral part of public services so that those using minority languages do not have to specifically request such
• have in place effective complaint mechanisms before judicial, administrative and executive bodies to address and redress linguistic human rights issues
Assessing Status of Minority Languages
• Legal: • Official (national, regional level) vs. Unofficial • Protected (international, national, regional level) vs. Unprotected• Language policies (various regulatory frameworks re use of languages)• Kin-state vs no kin-state
• Use:• Implementation of language policies• Intensity/fields of usage (education, media, local community)• Size & status of the linguistic community• Endangered (various factors)
• Development:• “Technical aspects”
− written (own script) / oral− richness of vocabulary, complexity of grammar
• “User profile” - literacy rate, demographic factors• “Production” - literature, media, etc• Supported vs. Unsupported (financially, by the kin-state /by the
accommodating state)
The Ongoing ECMI Research: Development of a Comparative Database
• Assessment of the status of minority languages through focusing on mechanisms to: • Protect and promote the use of minority languages• Enhance their symbolic aspect (promotion of respect for diversity and tolerance)• Foster their pragmatic aspects (usage)• Create culture of multilingualism
• Development of a Comparative Database (OSCE countries)
• Country-files to cover• Ratification of International instruments (ECRML)• Provisions in the Basic Law• Legal provisions re use of minority languages
− Language policies− Education− Media− Urban policies
• Other initiatives & mechanisms
International Instruments
Legal standards • European Convention on Human Rights (1950; 2010 / non-discrimination)• European Social Charter (1965; 1996/ non-discrimination)• Related case-law of the European Court of Human Rights• International Convention on the Elimination of all Forms of Racial Discrimination (UN, 1965)• International Covenant on Civil and Political Rights, Article 27 (UN, 1966-76),• International Covenant on Economic, Social and Cultural Rights (UN, 1966-78)• Convention on the Rights of the Child (UN, 1989)• European Charter for Regional or Minority Languages (1992)• Framework Convention for Protection of National Minorities (1995)• The practice of the European Commission against Racism and Intolerance (ECRI)• EU acquis on language rights
Recommendations and guidelines• Oslo Recommendations regarding the Linguistic Rights of NM (by the OSCE HCNM)• The Hague Recommendations Regarding the Education Rights of NM (linguistic dimension)• UN Declaration on the Rights of Persons belonging to National or Ethnic, Religious and Linguistic Minorities
and the Commentary of the Working Group on Minorities to the Declaration• UN Declaration on the Rights of Indigenous Peoples• UN Minority Forum recommendations, in particular related to education and participation
Still to come• Universal Declaration of Linguistic Rights (UNESCO, 1996)• Language Protocol (San Sebastian/Donostia, 2016)
ECMRL Status
Not signed
• Albania• Andorra• Belgium• Bulgaria• Estonia• Georgia• Greece• Ireland• Lithuania• Monaco• Latvia
Signed but not ratified (8)
• Azerbaijan • France• Iceland• Italy• Malta• Moldova• Russia• FYR Macedonia
Ratified (25)
• Albania• Austria• Bosnia &
Herzegovina• Croatia• Cyprus• Czech Republic• Denmark• Finland• Germany• Hungary• Lichtenstein• Luxemburg
• Monte Negro• Netherlands• Norway• Poland• Romania• Serbia• Slovakia• Slovenia• Spain• Sweden• Switzerland• Ukraine• United Kingdom
In contrast: FCNM is ratified by 49 states!
The European Charter for Regional or Minority Languages (ECRML)
• Determining the obligation of the state to protect and promote regional or minority languages, rather than granting linguistic rights to the speakers
• Definition of RML (Article 1)• traditionally used within a given territory form a numerically smaller group• different from the official language(s) of that State (dialects & migrant languages are not covered)
• The Charter covers 79 different languages used by 203 national minorities or linguistic groups • 70 minority languages are protected by Part II only and 126 by Parts II and III (7 to both)
• ECMRL objective and principles (Part II / Article 7): Recognition – Non-discrimination - Understanding
• Non-territorial languages (Part II / Article 7(5): ‘flexible manner, bearing in mind the needs and wishes, and respecting the traditions and characteristics’ . The state can decide whether the ‘form of expression used in a particular area of their territory or by a particular group of their nationals constitutes a regional or minority language within the meaning of the charter’.
• Cyprus: Armenian• Hungary: Armenian, Bulgarian, Greek, Ukrainian • Finland: Karelian, Romani, Russian, Tatar, Yiddish• Netherlands: Romani, Yiddish• Slovenia: Romani• Sweden: Romani, Yiddish
FCNM & Linguistic Rights
FCNM, Article 6• language policy should encourage the use of different language in the public and private sphere• minority languages need not to be marginalized – to be treated equally to the majority language
as a part of the cultural diversity of the state
FCNM, Article 10 • ensures the right of NM to use freely their mother tongue in private and in public• addresses the right to an alphabet as an inseparable part of the linguistic rights – states should
not draw a distinction between the two and should not create separate rules
FCNM, Article 12• Language is a crucial element for ensuring equality in the access to all levels of education • Exclusion of minority languages from education can lead to disadvantages and discrimination
(high illiteracy rates, low enrolment, high drop-out rates, school exclusion, level of attainment) • Linguistic rights not to be connected with a territory – flexible minority language education• Support to minority languages spoken by small numbers of people – revitalization through
creation of separate classes/ language immersion
FCNM, Article 14• The right to learn and to develop one’s minority language is linked to the preservation of
individual identity, but also a factor for ensuring equal access to education
Domestic Language Policies(Diversity Management)
• Levels:• International level – diplomacy• National level – official languages• Regional / Local level – regional languages• Private life
• Instruments:• Constitution• Legal frameworks (Language law, Public administration, Education, Media,
Infrastructure)• International instruments
• Various set-up of diversity management:• One official language (minority languages have no official status / suppression)• Two official languages: Finland, Cyprus• Minority languages with official status (conditional): Slovenia, Kosovo*, FYR OM• Linguistic ‘pluralism’: Spain, Italy (regional languages); Switzerland, Belgium
(federative set-up)
The Ongoing ECMI Research: Provisions in Basic Law
Key challenges:• rejecting the right of a citizen to have another mother tongue but the language of the majority (e.g.
high level of fluency in official language is demanded for the acquisition of a citizenship status, especially by national minorities historically present in the country)
• Disregarding the existence of ethnic, cultural, linguistic diversity and their value
Positive examples:• AT: Constitution, Art. 8 – commitment to the linguistic and cultural variety of the country; Minorities Act
(1976) protects linguistic and non-linguistic minority groups.
• NO: Constitution Art. 108 - the state shall create conditions enabling the Sami people to preserve and develop their language and culture.
• UK & CH: Sufficient knowledge of Scottish Gaelic or Welsh or Italian, French and Romansh in addition to English and German respectively satisfies the language requirements for citizenship
• KZ: Constitution, Art.19 (1) Each person has the right to determine and disclose their nationality. (2) Each person has the right to use his native language and culture, , to the free choice of the language of communication, upbringing, education, and creative activity
• KYR: The Law on the State Language (1989): Art. 6 Each citizen has the right to the free choice of the language of communication; Art. 25 Local self-government bodies in the territories densely populated by ethnic groups (Uzbeks,Tadjiks, Dungans, Uigurs and others) have the right to use their native language along with the state language. Those people who do not know these languages are guaranteed translation.
The Ongoing ECMI Research: Minority languages in Education
Main challenges: • Reducing minority languages in education to the provision of classes in mother tongue, especially
as an extra-curricular activity• State fails to promote bi-/multilingualism
Positive examplesAT: Constitutional Law, B-VG S16(3) enables the municipal school authority to decree another
language of instruction.
HR: Law on the Use of Language and Script of National Minorities in the Republic of Croatia, regulates the status of minority languages and alphabets and their official use on the local level. It offers the possibility of education (primary and secondary level) in minority languages.
HU: Higher Education Act 2008 , Section 44.2 states that national or ethnic minority applicants to higher education shall be granted the opportunity to use their native language in the admissions procedure given certain conditions.
IT: Act No. 482 on Protection of Historic Linguistic Minorities (1999) Art. 4 - qualifying municipalities shall carry out education in kindergartens, basic and secondary schools in both Italian and minority languages taking into consideration parents’ requirements
RO: The Law on Education (L. 84/1995) Art. 21 students belonging to national minorities who attend school in their mother tongue are entitled to exams in their mother tongue (not in IT!!!)
The Ongoing ECMI Research: Minority Languages in Media
Key challenges: • Public broadcasters do not allocate sufficient time to programmes in minority languages• State provides no financial support to minority media outlets
Positive examples• AT: Federal Act on AT Broadcasting Corporation ((1984/2001): Special Mandates Section 5 (1)
reasonable program shares must be provided in the languages of national minorities; The Audience Council with shall comment on the allocation of program shares (Sect. 30 1.5 )
• HR: The Constitutional Law on Human Rights and Freedoms and the Rights of National and Ethnic Communities or Minorities in HR (amended 2000) Art. 10-11 - members of ethnic and national minorities may freely organize an informative and publishing activity in their own language and script, and the state shall financially assist them; Law on the Croatian Radio-Television 2001 II.9.4 allows that the mandatory use of HR language in broadcasting be waived in cases where programs are intended for national minorities and ethnic communities.
• CZ: 273 Act On Rights Of Members Of National Minorities (Art. 13) - The state will support publishing printed matter, radio and television broadcasting in minority languages, granting funds from the state budget
• PL: The Regional Language, National and Ethnic Minorities Act 2005 Art. 18.2(3) public authorities are responsible for taking adequate measures to support minority cultural activity, including the publishing of books, magazines, periodicals … as well as sound and image recording (4) and TV programmes and radio broadcasts produced by minorities.
The Ongoing ECMI Research: Other Instruments to Promote Minority Languages
Type of instruments• Bilingual street signs• Languages in courts and penal procedures• Usage of symbolic signs (e.g. anthems)• Institutions to protect the minority language rights
Positive examples• HR: The Constitutional Law on Human Rights and Freedoms and the Rights of National and Ethnic
Communities or Minorities in the Republic of Croatia (amended 2000) Art. 9 guarantees the freedom of minorities to posses and use the signs and symbols of their minority identity. In official contexts, while displaying the signs of minority communities, it is mandatory to display Croatian signs as well (e.g.. performance of both anthems)
• FI: (Act 2001/2008) establishes the Ombudsman for Minorities and National Discrimination Tribunal; Sami Language Act 1086/2004 states the right to use Sami language before the authorities
• DE: Law on the Rights of the Sorbs/Wends in Brandenburg (1994 ) Art. 11 public buildings, streets, roads, squares, bridges and place signs in the traditional settlement area of Sorbs shall be labelled in German and Lower Sorbian; Law on the Rights of the Sorbs in Saxony 1999 Art. 9 states the right of the Sorbs to use the Sorbian language before courts and authorities in Saxony; Act on Promoting Frisian in the Public Sphere 2004 Citizens in North Friesland and Helgoland can turn to authorities in Frisian (Art. 1.2). The signage on buildings should be bilingual in German and Frisian (Act on Promoting Frisian in the Public Sphere 2004 Art 3.1)
The loss of languages is tragic precisely because they are not interchangeable,
precisely because they represent the distillation of the thoughts and communication
of a people over their entire history
Mithum, 1998
Language Rights Implementation
• Improves access to and quality of education of minority children
• Promotes equality and empowerment of minority women
• Enhances better use of resources
• Improves communication and public services
• Contributes to stability and conflict-prevention
• Promotes diversity
• Combats discrimination
or....
creates a modern BABEL TOWER?
THANK YOU!
Implementation of Language Rights:Positive Practices
Implementation of Language Rights Positive Practices*
Education
• Italy: German and Ladin minority languages as medium of instruction in public schools, including at the tertiary level in the case of the larger German-speaking group in a trilingual public university.
• Finland: Public transportation is provided for students from dispersed locations to attend a public school teaching in their language. Even if there is only 1 Sami student, the school authorities must provide them with the possibility to study their mother tongue
• Kazakhstan & Lithuania: bilateral agreements with other governments allow foreign state universities to operate and provide tertiary education in minority languages. Białystok University – a Polish state university – maintains a campus in Lithuania, with its courses in Polish providing university-level education in the language of the country’s largest minority.
• Source: UNHCR Language Rights of Linguistic Minorities: A Practical Guide
Implementation of Language Rights Positive Practices
Recognition of Identity
• Bulgaria: Members of the Turkish minority can restore their names to their original linguistic form (but un Cyrillic alphabet)
• Iceland recently removed requirement that new citizens adopt an Icelandic language name.
• Albania: Legislation allows individuals to revert to the traditional linguistic and cultural forms of their names
• Russia: Street signs and topographical designations are often bilingual or trilingual: in addition to Russian, these are also usually in the official language(s) of the constituent republics, oblasts, or krais.
Implementation of Language Rights Positive Practices
Media
• Kosovo: Minority Media Fund provides financial & other assistance to electronic and printed minority language media.
• Spain: Authorities in Catalonia provide funding and tax concessions to strengthen the presence of the Catalan language in private publishing, radio and television.
• Russia: The country’s state broadcaster, VGTRK and its affiliates broadly follow the proportionality principle. This results in radio and television productions in the regions where speakers of the Tatar language are concentrated in and outside Tatarstan (including in Perm and Tyumen), with smaller minorities generally receiving less airwave time in proportion to their size and concentration.
• Australia & Hungary: Widely dispersed or much smaller minority languages - one national, multicultural and multilingual public television or radio broadcasts in the whole country (SBS in Australia, MR4 in Hungary), on air and online. MR4 broadcasts daily two-hour programmes basis in the more numerous Croatian, German, Romanian, Serbian, and Slovak languages, as well as shorter 30-minute programmes on a weekly basis for the seven, smaller linguistic minorities, and a one hour programme five days a week for the Roma. These programmes in all 13 languages are also accessible online.
Implementation of Language Rights Positive Practices
Public Services & Healthcare
• Ireland: Information for public housing services such as the tenant welcome pack in languages other than Irish and English (either through translation or interpretation) where appropriate and feasible, particularly if there is a large minority ethnic community in a local authority.
• Iceland: Authorities use seven other languages in addition to Icelandic (English, Polish, Serbian/Croatian, Thai, Spanish, Lithuanian and Russian) to communicate and provide more effective access for social or public information services through a Multicultural and Information Centre, and telephone information services.
• Finland: Proportionality for a large variety of public services in Swedish is guaranteed in municipalities with at least 8% of the population or at least 3,000 persons of the linguistic minority. Swedish and Finnish are official languages at the national level. For Sami (ca 7,500), public health and other social services and information are provided for in the traditional area where most live (the Sámiid ruovttuguovlu).
• UK: Legislation imposes on public healthcare providers an obligation to ensure that those who are not fluent in English can access their services in order ‘to fulfill equality of access and informed communication duties’. Local public healthcare providers must therefore use (as practical): bilingual medical staff , face-to-face interpreters, over-the-phone interpreting, printed translated medical information, website information, including documents and/or videos
Implementation of Language Rights Positive Practices
Access to Justice
• EU: information pamphlets, posters or other visible means in all courtrooms and police stations in the most widely used languages in a district to inform any accused or suspect of his or her rights to free translation or interpretation, as well as setting up a register of translators and interpreters who are appropriately qualified
Directive 2010/64/EU of the European Parliament and of the Council of 20 October 2010 on the right to interpretation and translation in criminal proceedings
• Italy: Court proceedings in their entirety in Italy’s province of Bolzano/Bozen are held either in Italian or in German.
• Slovenia: In municipalities where minorities are sufficiently numerous and concentrated, the Italian or the Hungarian language can be used in court procedures;
Implementation of Language Rights Positive Practices
Political Participation
• UK: In addition to English, sufficient fluency in Scottish Gaelic or Welsh satisfies the language requirements for citizenship; in Canada, French in addition to English may be required.
• Switzerland: Italian, French and Romansh in addition to German, are sufficient in terms of the language requirements for citizenship, etc.
• Norway: Electoral information is provided in eight languages, including in the Samí language. Voting ballots are also available in the latter for elections to the indigenous Samí Parliament.
THANK YOU!