Discriminating language rights and politics in the post-Yugoslav states

Vanessa Pupavac

doi:10.1080/00313220600634261

Abstract

ABSTRACT Pupavac examines the rise of linguistic human rights advocacy and its approach in a case study of language politics in the post-Yugoslav states. A core concern of contemporary linguistic rights advocacy has been to tackle ethnically based discrimination and promote ethnic diversity. It does not only seek to prevent states from discriminating against those who speak minority languages. It expects states to take positive steps to preserve their diversity of languages. However, strategies affirming distinct linguistic identities may become complicit in perpetuating ethnic discrimination and ethnic divisions, as is evident in the language politics of the post-Yugoslav states.

Highlights

There has been a remarkable expansion of international human rights advocacy over the last decade
Pupavac examines the rise of linguistic human rights advocacy and its approach in a case study of language politics in the post-Yugolav states
Has more attention been paid to existing language rights in existing international documents, but important new documents and provisions have been codified such as the UN Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities 1992 or the European Charter for Regional or Minority Languages 1992

Summary

Linguistic human rights advocacy and its discontents

There has been a remarkable expansion of international human rights advocacy over the last decade. If we understand the development of human rights, as law in general, has had historically both progressive and repressive strands, we cannot assume that the codification of particular rights necessarily promotes social justice and political freedoms. The Constitution of Bosnia and Herzegovina has incorporated international human rights conventions as Bosnian law including the European Charter for Regional or Minority Languages 1992 and the Framework Convention for the Protection of National Minorities 1994.3 Its constitution contains a non-discrimination clause, which includes the ground of language.[4] Ironically, linguistic human rights discourse, despite its conscious goal of preventing discrimination, has helped legitimise ethnic divisions in the post-Yugoslav states. I examine the definition of a language in linguistic rights advocacy and its application to BCS language politics

Recognising linguistic identity

Justice as identity

Discriminating language divisions

Discriminating BCS language politics

Linguistic identity rights deterring coexistence