AA18CR03ADD1

AS (2018) CR 03
Addendum 1

2018 ORDINARY SESSION

________________________

(First part)

REPORT

Third sitting

Tuesday 23 January 2018 at 10 a.m.

Debate:

 The protection and promotion of regional or minority languages in Europe

The following texts were submitted for inclusion in the official report by members who were present in the Chamber but were prevented by lack of time from delivering them.

Mr AEG (Estonia) – Estonia, as a small nation, understands the importance of preserving minority cultures and languages. In the context of Estonia, we can talk about Russian as a regional language only in the case of the community of Russian Old Believers on the shores of Lake Peipus, who, in the 17th century, escaped from the repression of Tsarist Russia after the Church reform.

The Russian community in Estonia, which today forms one third of the population, should be dealt with as speakers of an immigrant language. This community arose after the Second World War as a result of the purposeful activity of the Soviet Union to secure the occupation regime.

The main purpose of the charter is to promote languages and protect them from the threat of being marginalised or dying out. On this basis, the Russian language cannot be considered to be in danger. Instead, the State needs to resolve how to encourage the Russian-speaking community to learn the State language, which would help them to integrate better in Estonian society, make them more competitive in the labour market and encourage participation in political processes.

Estonia has neither signed nor ratified the European Charter for Regional or Minority Languages, but Estonian legislation guarantees wider rights for the Russian language than provided for by the Charter. In areas where at least half the population belongs to a minority, they have the option of communicating with the local municipality and State institutions in their own language. Moreover, with the Estonian Government’s decision, the minority language of the majority of permanent residents can be used as the language of internal affairs of the municipality.

The websites of all ministries and State institutions are available in Estonian, Russian and English. In addition to commercial channels, in public broadcasting, there are radio and TV channels in Russian. Estonia is one of the few member States where the education system permits teaching in publicly financed schools in other languages in addition to the State language. Education in Russian is available in both State and private schools at all levels — pre-school, basic and secondary level — as well as in vocational schools and some higher education institutions.

The cultural activities of national minorities are supported by the Ministry of Culture, the Integration Foundation, the Ministry of Education and Research, the Folk Culture Centre, local government and other organisations. In Estonia in 2017, there were around 300 cultural societies for national minorities and 21 umbrella organisations. Two national minorities — the Swedes and the Finns — have cultural autonomy. The Ministry of Culture regularly supports the cultural activities of national minorities. It also finances the support programme of cultural societies with the aim of supporting the preservation of the cultures and languages of national minorities.

Mr GHILETCHI (Republic of Moldova) – I thank the rapporteur for this report on the state of play of the European Charter for Regional or Minority Languages. This topic is very important, as language is an essential component of a person's identity. It is very well said that languages are a fundamental European value; for this reason, we need to confirm the protection of the historical regional minority languages of Europe.

However, the fact that, to date, only 25 of the 47 member States have ratified the charter – 23 have ratified it with reservations – serves as evidence that the issue is not straightforward and that member States face major difficulties in translating these linguistic principles into practice.

A major counterproductive factor is that both the European Charter for Regional or Minority Languages and this resolution seem too generous with the minorities. This explains the slow pace of ratification. When a government has to optimise its school network, thus having to close even the schools taught in the majority language because of a low number of pupils, it is very difficult to make sure that people in widely scattered settlements receive education in their own language.

We need a more balanced approach that takes into account the realities on the ground of separatism, populism and Russian propaganda. We need to be aware that such radical calls justifiably arouse suspicions, not least because of the national communities’ fear that the political cohesion and territorial integrity of the country is being threatened. In an article in The Economist, one citizen described their fears: to give regional languages such “exorbitant rights” as those suggested in the charter was to “begin a process which will sooner or later lead to separatist demands, violence, and the dismantling of our identity."

The protection of a minority language should not promote reluctance to take the pathway of healthy linguistic integration in the various host nations. I also think that we need a high-level agreement regarding ratification on behalf of all countries. Today's debate proves that we not only face great challenges but have great opportunities to improve the lives of linguistic minorities. Let us work together and help each other in achieving this goal. Let us strive towards unity within diversity, but without compromising one’s identity.

Dame Cheryl GILLAN (United Kingdom) – Congratulations to Rózsa Hoffmann on her report. It will contribute to ensuring that the rich diversity of our cultural heritages and languages are maintained.

The United Kingdom ratified the charter in 2001. We recognise seven languages and we will be welcoming a committee of experts next year from Strasbourg to look at our progress. There is concern that, as the United Kingdom leaves the European Union, we might abandon our support for this charter. That is not the case; I am pleased to place on record that our support emanates from the Council of Europe, in which we are delighted to play a full part.

Until just over 100 years ago, children heard speaking Welsh in school were made to wear a Welsh knot around their necks and punished. A Conservative government introduced the Welsh Language Act in 1993, establishing in primary legislation that Welsh and English are treated equally in the conduct of public business in Wales. The devolved government now maintains use of the language throughout the education system, in delivery of public services and through a Welsh Language Commissioner. The UK Government continues to hold responsibility for broadcasting, but now the Welsh language channel S4C has financial support through a new statutory duty, ensuring that funding is sufficient to fulfil its remit.

Now, following changes last year, on 7 February, Welsh will officially be used for the first time in parliament during the Welsh Grand Committee. For the first time in this committee, Welsh will be used for legislative scrutiny and the questioning of ministers. This will make parliament more accessible, as people across Wales will be able to hear debates in both English and Welsh.

There is no doubt that regional or minority languages need this type of support to continue as a live and thriving medium. The usage of a minority language will vary across a country, but continued use opens the door to maintaining our different cultures and the rich tapestry of our heritage. We found that the introduction of Welsh language rights was a game changer for the role of the language within all sectors of society. Ensuring that those rights are enforced equitably, sensitively and sensibly will mean that the next generation is equipped to enjoy the benefits of a multilingual nation. That is surely what we would want across our member States, to foster inclusivity and freedom to choose how we communicate in the modern world.

Mr HAJDUKOVIĆ (Croatia) – The protection of diversity, including linguistic diversity, should be a guiding principle of each member State of the Council of Europe. Minority and regional languages are but small tesserae that make up a mosaic, a larger picture of the cultural heritage of each community and State. Therefore, cultural and linguistic diversity is an important factor in each modern and progressive State, and by promoting and protecting such diversities, the State protects its own cultural identity. We in Croatia are well aware of those facts and are putting a lot of effort into protecting and cultivating our minorities, as well as protecting their languages.

Over 200 languages are spoken in Europe and fewer than half have official status at either national or regional level. Languages that are spoken by a low number of speakers are at risk of extinction as they fall into disuse and die out. For those reasons, the European Charter for Regional or Minority Languages has been created. It is essential that all members of the Council of Europe ratify it. In addition to the fact that the number of countries that have ratified it is not satisfactory, even those countries that have ratified it have not been active enough at meeting all the standards and requirements set out by the charter. Therefore, I call on all honourable colleagues to support the draft resolution in order to encourage member States to take action so as not to deprive themselves and the whole of Europe of yet another tessera in the mosaic we call European culture and language diversity.

Mr LUPU (Republic of Moldova) – The Republic of Moldova is a State where different ethnic groups live together and ethnic diversity is a component part of the country’s history and culture. Living together in the spirit of mutual co-operation and understanding has become, over time, a tradition of different ethnic groups. According to the Constitution of the Republic of Moldova and the law on the functioning of languages on our country’s territory, the right to choose the education and teaching language at all educational levels is guaranteed by the State; this is ensured by creating the necessary number of educational institutions, classes and groups, as well as by creating the conditions for their functioning.

It is clear that one of the current realities in schools where children of national minorities are taught is the need to study four languages: the State language, the Russian language, their native language and an international language. Minority ethnic groups have the possibility of studying their native language at all educational levels, from kindergarten to higher education institutions, and, in this context, I emphasise that in the Republic of Moldova, ethnic groups have at their disposal not only high school and pre-school educational institutions, but higher education establishments which teach in the language of certain ethnic groups – the University of Comrat, Taraclia, and the Slavonic University.

The Republic of Moldova ensures the translation of normative acts in several languages, as well as access to public information through linguistic diversification and the possibility of getting necessary information in a known language. Another important aspect is the authorities’ efforts to ensure all institutional means for teaching the State language to representatives of minority ethnic groups; thus, the State language is studied in all the country’s educational institutions.

The Republic of Moldova is a State with European visions and trends. The model of cohabitation of different ethnicities across the country is a European one, based on the idea of ​​a Moldovan civic nation, fully ensuring freedom of expression, referring in this context to ethnic and linguistic expression, while the State  entirely ensures the necessary conditions in this respect. We can affirm with certainty that the Republic of Moldova is a positive example of the peaceful and constructive cohabitation of different ethnicities in a single State and united civic nation.

Mr McGINN (United Kingdom) – From street signs to television stations, schools, music and literature, Britain and Ireland are linguistically diverse islands and home to various native languages.

Minority languages have in recent times benefited from the United Kingdom and devolved government support but that has been underpinned by their status as recognised minority languages within the European Union. The Government of the United Kingdom has ratified the European Charter for Regional or Minority Languages with the highest level of protection in respect of Irish, Welsh and Scottish Gaelic, and with protections for Cornish, Scots and Ulster Scots.

There is an acute fear that Brexit will lead to less recognition and a reduction in support for minority languages and less money for education, promotion and cultural support. The loss of a European legal context also has potential consequences in Northern Ireland for the Irish language, whose status is provided for under treaty, laws and statutory agreements made between the United Kingdom, Ireland and other political actors in Northern Ireland itself. It is clear that, in the context of Brexit, an Irish Language Act for Northern Ireland becomes imperative.

But languages continue to grow and thrive. Bliain na Gaeilge is a year-long celebration of the Irish language, with events planned throughout the year and all round the world. Trasna na dTonnta is an online cyber-Gaeltacht event. This week, the project will be trying to get as many people as possible from all around the world to tweet ‘as Gaeilge’, as much as possible, while using the hashtag #TrasnaNadTonnta. Bliain na Gaeilge will give those fluent and those with the cúpla focal or those interested in the Irish language around the globe a fantastic opportunity to use the language more. Anois i 2018, déanfaidh muid céiliúradh ar na héachtaí atá bainte amach ag pobal na Gaeilge le 125 bliain anuas: 125 years after Conradh na Gaeilge was established, Bliain na Gaeilge 2018 will celebrate the Irish language through revival, vibrancy and participation.

These themes, I believe, are relevant to minority languages across Europe and should be embraced, none more so than the concept of Gaeilge Bheo — Irish belongs to everyone. By developing, learning and growing our wonderful array of languages we celebrate our diversity while strengthening our togetherness, which benefits our communities and countries and Europe as a whole.

Mr MULLEN (Ireland) – In relation to today’s resolution, of particular note is paragraph 7.5, which calls upon signatories to apply a structured approach to fulfilling their commitments. I believe this is of considerable relevance to the situation pertaining in the United Kingdom and, in particular, to the provisions of the St Andrew’s Agreement of 2006.

Despite, or maybe because of, the approach of Brexit, I hope our British friends can redouble their commitment to other aspects of their European relationship, in particular the European Charter for Regional or Minority Languages. Britain should implement an Irish Language Act, as per its obligations under the St Andrew’s Agreement of 2006. This would demonstrate its commitment to the rights of the Irish-speaking population within Northern Ireland and assuage the fears of that population that Brexit could indirectly hinder their rights as a language minority.

The St Andrew’s Agreement provides that the British Government “will introduce an Irish Language Act…to enhance and protect the development of the Irish language.” There are 64 847 people in Northern Ireland who are classed as being able to speak, read, write and understand Irish, according to the 2011 Census; and 184 898 people – 11% – are classed as having some ability in Irish. This is therefore an issue of real relevance to a lot of people. To quote Ciarán Mac Giolla Bhéin, advocacy manager with Conradh na Gaeilge,“The ECRML gave us the moral and legal ground to push for our rights to be recognised by the State, but until we have an actual Irish Language Act we won’t see those rights made real.” Dr Niall Comer, the president of Conradh na Gaeilge, points out that the Irish Government has also publicly pledged its support for an Irish Language Act as part of its obligations as co-guarantor of the St Andrew’s Agreement. The United Nations and the Council of Europe are also calling for the introduction of this legislation.

An Irish Language Act would make for good Anglo-Irish relations and reflect a commitment by Britain to its European obligations in a post-Brexit world. And in the words of the Good Friday Agreement, it would recognise "the importance of respect, understanding and tolerance in relation to linguistic diversity, including in Northern Ireland, the Irish language, Ulster-Scots and the languages of the various (minority) ethnic communities, all of which are part of the cultural wealth of the island of Ireland.”

Mr Ž. OBRADOVIĆ (Serbia) – On behalf of Serbia, I express satisfaction with the fact that the Parliamentary Assembly of the Council of Europe is considering the protection and promotion of regional and minority languages and commend the work of the rapporteur in drafting the resolution.

We are witnesses to the fact that there are numerous minority communities in Europe that cannot use their mother tongue. Many countries do not want to recognise the existence of different minority communities on their territory and therefore do not want to allow them to use their own language. That is why the first step towards the preservation and extension of the rights of every minority community to use its language is for the States that have not yet done so to ratify the charter.

Serbia has recognised the existence of 22 national minorities and each of them has the right to self-government in the fields of culture, education, information and the official use of their language and script. Minority languages are used at all levels of education from pre-school to university. At the level of elementary and secondary education in over 2 000 schools in Serbia, there are eight minority languages. Members of minorities can also study the mother tongue or speech with elements of national culture. In this way, 14 minority languages are used in school. Minority communities also have the right to use textbooks in their mother tongue, which this year represents 1 521 textbooks. Minority communities also have the right and the ability to use their own language at the level of higher education, as do members of the Hungarian and Albanian minorities, for example.

The Republic of Serbia respects the right to the official use of minority languages and scripts. Thus, the minority languages are used in 78 of about 200 cities and municipalities in Serbia. In addition to the Serbian language, minority languages and scripts are also used in the names of municipalities and cities, streets and squares, city districts and other parts of settlements, in the judiciary and in other areas of life. Naturally, minority languages are used in the field of culture, through the work of cultural and art societies, theatre performances, publishing activities, the printing of books, the publishing of daily and weekly newspapers, radio and television programmes, and so on.

I hope that the consideration and adoption of this resolution will also prompt other countries to ratify the European Charter for Regional or Minority Languages and improve the use of minority languages.

Mr VOVK (Ukraine) – I respect the rapporteur’s efforts to prepare a report on the protection of regional and minority languages as a necessity for preserving national identity, as well as cultural diversity, in Europe.

However, I strongly disagree with the unjustified accusations with regard to the language provisions of the new Ukrainian law on education included in the explanatory memorandum. I also disapprove of the irresponsible claim by the rapporteur that, in adopting the new legislation, Ukraine is not complying with its international commitments and Council of Europe standards. This harsh claim does not comply with the recent opinion of the Venice Commission on the provisions dealing with the language of education in the new Ukrainian law.

In particular, the Venice Commission concluded that because it is a framework legislative provision and because it does not specify the modalities by which it is to be implemented, there is space for an interpretation and application which are in line with the protection of national minorities. The commission welcomed the fact that the Ukrainian authorities are ready to use such possibilities. In addition, the commission underlined that it is a legitimate and commendable aim for States to promote the strengthening of the State language and its command by all citizens, and to take action for its learning by all as a way to address existing inequalities and to facilitate more effective integration of persons belonging to national minorities into society.

Despite the claims of the rapporteur, this is the true objective of the new Ukrainian legislation. It guarantees persons belonging to national minorities education in their native language and its further study to the extent that is sufficient for preserving their ethnic identity and protecting them from forcible assimilation. It aims to establish a balance between education in minority languages ​​and education in Ukrainian, which does not limit, but extends the rights of national minorities and ensures adherence to the principle of non-discrimination of their social integration into Ukrainian society.