Minority Language Rights Research Articles

Innate Dignity, Cultural Identity and Minority Language Rights

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Equality and Non-discrimination: Fundamental Principles of Minority Language Rights

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The Mystery of the French Language Ordinances: An Investigation into Official Bilingualism and the Canadian North-West—1870 to 1895

AbstractIn 1877, the North-West constitution was amended to provide for the publication of all statutes, or ordinances, in both English and French. In 1905, this provision was carried over into the newly-created provinces of Alberta and Saskatchewan; it was not repealed until 1988, shortly after the Supreme Court's ruling in the Mercure case. At the present time, however, there remains only scant evidence that this constitutional guarantee was ever respected: very few French language ordinances are extant. Were the great majority of the ordinances never printed in French? Or, were they printed in French but then destroyed?This article examines the Canadian North-West's experience with legislative bilingualism from 1870 until 1895, and the circumstances surrounding its rise and subsequent demise. During the early years of territorial government, when responsibility for the publication of the ordinances was vested in a lieutenant-governor appointed by the Canadian government, perfunctory attention was paid to the language guarantees: the French language ordinances were printed, but with a considerable delay, and then they often went undistributed. After 1894, when authority was transferred to an executive committee directly responsible to the legislative assembly, the language guarantees were completely ignored: the French language printings ceased altogether. Minority rights succumbed to majority rule. The North-West experience provides an abject lesson in the failure of a constitution to protect minority language rights, when faced with determined opposition from an unsympathetic majority-controlled government.

The Georgian Language State Program and its Implications

Minority language rights in Georgia, which are inseparable from economic, social and educational inequalities among the different ethnic groups, run along two axes: Georgian's relation to Russian and Georgian's relation with its own minority languages. Since the late 1980s, Moscow's diminishing power and the republic's internal fragmentation have shifted the emphasis from the first to the second. Newly independent Georgia, which is 70% Georgian, now confronts a problem familiar to many post-colonial states: what status should the multiplicity of languages in the republic have? Should Georgian be the only official language, and if so, in what contexts can non-Georgians use their native language? Such issues are part of larger questions about domination, entitlement and ethnic status, issues which have bedeviled the successive Georgian governments' attempts at state-building. In the last two years, language conflicts in Georgia have been overwhelmed by violent secessionist struggles, and the state language program which was perceived as vital to Georgia's future when it was adopted in August 1989, has become secondary today. But if the ethnically based wars are to end, language relations must be settled. As it stands, the language program is unlikely to help.

Linguistic Unification and Language Rights

This paper examines the tension between linguistic unification and language rights in Nigeria and assesses the nature, causes, and implications of the tension against the backgrounds of the country's history, political development, and language situation. Drawing upon comparative data, the findings are discussed with reference to the contrasting processes of unifying the linguistic market and preserving minority language rights. The language planning model evolved by Nigeria in reconciling these two processes is critically examined within the wider context of language status planning in Africa and elsewhere.

Human Rights and Governance in Africa

volume stands out both in its timeliness and in the originality of its 'new thinking' about human rights on the continent. . . . The editors offer excellent intellectual leadership to this project.--Crawford Young, University of Wisconsin, MadisonThe often oppressive existence endured by ordinary Africans means that human rights issues, along with political and economic ones, are central to Africa's progress. The 1981 African Charter on Human and Peoples' Rights, signed by African leaders, takes the stance that human rights in Africa must honor the traditional African concern for the collective over the sanctity and integrity of the individual. The editors and authors of this book argue against that consensus, defending the position that human rights are universal. The contributors ask whether the idea of universal human rights tenable theoretically and practically, coming at the issue from bases of social and political theory, history, and law. They conclude that the views on human rights in Africa need to move in the direction of international thinking on the issue, a posture not merely Western but quintessentially human. The book has much to offer students of African and international studies, human rights specialists, and others concerned with human rights issues.ContentsPart I. Theoretical PerspectivesEndless Teardrops: Prolegomena to the Study of Human Rights in Africa, by Ronald CohenHuman Rights and Precolonial Africa, by Timothy FernyhoughHuman and Peoples' Rights: What Point Is Africa Trying to Make? by H. W. O. Okoth-OgendoThe African Human Rights Process: A Contextual Policy-Oriented Approach, by Winston P. NaganPart II. Substantive Issues Women's Rights and the Right to Development, by Rhoda E. HowardAfrican Refugees: Defining and Defending Their Human Rights, by Art HansenLife Is War Human Rights, Political Violence, and Struggles for Power in Lesotho, by Robert ShanafeltThe National Language Question and Minority Language Rights in Africa: A Nigerian Case Study, by F. Niyi AkinnasoEducation and Rights in Nigeria, by Ajuji Ahmed and Ronald CohenAcademic Freedom in Africa: A Right Long Overlooked, by Goran HydenThe Challenges of Domesticating Rights in Africa, by Goran HydenRonald Cohen professor of anthropology and African studies at the University of Florida; among his many books and articles on Africa is Satisfying Africa's Food Needs (1988). Goran Hyden professor of political science at the University of Florida; his books on African politics and development include No Shortcuts to Progress (1983). Winston Nagan, professor of law and affiliate professor of anthropology at the University of Florida, chaired the board of Amnesty International (USA) from 1989 to 1991.

МАЊИНСКА ОБРАЗОВНА ПОЛИТИКА НА КОСОВУ – ПРАВНА РЕГУЛАТИВА И ПАРАЛЕЛНИ СИСТЕМИ ОБРАЗОВАЊА

У раду се анализирају постојећи правни механизми заштите мањинских језичких права у албанском образовном систему на Косову, као и њихова имплементација у пракси. Постојање српског и албанског образовног система омогућило је овим заједницама образовање на матерњем језику. Иако је право на образовање на матерњем језику законом загарантовано и осталим етничким заједницама на Косову, у пракси се дешава да заједнице то право не могу да остваре на одговарајући начин. У раду се, поред наведеног, указује и на остале проблеме са којима се суочавају етничке заједнице на Косову, као и на неопходност промене постојеће образовне језичке политике у албанским и српским школама.

Minority Language Rights: What Matters? A Comparison of Belgium and Canada

In federal societies, intergovernmental relations are necessarily a part of political life. But, as a student of intergovernmental relations (IGR), I want to understand, how much do intergovernmental relations really matter to particular policy outcomes? In order to assess this question, I have undertaken a study of minority language rights policies in two federal societies, Belgium and Canada (the Countries). In these circumstances, the above question is refined and can instead be stated as follows: what factors influence the content of minority language policies in the Countries?

Francophone Minority Identities and Language Rights in Canada

While phrases such as ‘Capitaine Crounche’ and ‘beurre d’arachide’ are familiar to, and easily taken for granted by, most English Canadians, who tend to encounter linguistic duality in their daily lives in a number of ways, the politics underlying such seemingly harmless words are significant. Indeed, no other issue has played as central a role in Canadian social and political development as has language, with French-English linguistic tensions and considerations affecting numerous aspects of Canadian life, including foreign policy, the awarding of government contracts and indeed, the labelling of food packaging. While much public and scholarly attention has been paid to the language issue and the francophone population of Québec, less has been paid to language and francophones outside of the main concentration of Canada’s French speakers. While geographically dispersed, and vastly outnumbered, Canada’s francophone minority communities and their identities are nevertheless an important part of the Canadian social fabric, as is evidenced by the amount of government attention these French Canadians1 receive. Two key developments in the collective identity of francophone minoritiesoccurred in 1969 and 1982, when the Official Languages Act (OLA), and the Canadian Charterof Rights and Freedoms were (respectively) promulgated, the latter including constitutionally entrenched language rights for official language minorities. In this essay, we will examine the vitality of francophone minority communities, and how language rights have impacted them and contributed to the maintenance of their identity. Specifically, we will argue that minority francophone communities are still strong and that language rights have reinforced these communities and their identities, and have made an important contribution to their survival and long-term vitality. It is hoped that gaining a more complete understanding of the impact of language rights on these groups will not only provide a fuller understanding of French Canadian identity, but also of identity in Canadian society in general.