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Language rights

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langauge right and status in Moroccco

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Language rights

  1. 1. LANGUAGE RIGHTS AND LEGAL STATUS Prepared and delivered by: Soukaina Kouihi Jaafer Rouane Hicham Elaatillah
  2. 2. THE OUTLINE: I. Emergence of language rights II. Definitions III. Functionality IV. Approaches and Principles V. Why bother implementing language rights? VI. Language rights in different countries VII. Regional platform of language rights in Africa (Morocco in particular) VIII. Linguistic situation of Africa IX. Amazigh languages in North Africa X. The UN conventions for the protection of linguistic rights in Morocco and Algeria XI. Mother tongues and languages of Morocco XII. The official language policy in Morocco XIII. Amazigh movement’s claims XIV. Integration of Amazigh language in educational system and media XV. Realizations and challenges XVI. Conclusion
  3. 3. EMERGENCE OF LANGUAGE RIGHTS Linguistic rights became more and more prominent throughout the course of history as language came to be increasingly seen as a part of nationhood. Although policies and legislation involving language have been in effect in early European history, these were often cases where a language was being imposed upon people while other languages or dialects were neglected. Most of the initial literature on linguistic rights came from countries where linguistic and/or national divisions grounded in linguistic diversity have resulted in linguistic rights playing a vital role in maintaining stability. However, it was not until the 1900s that linguistic rights gained official status in politics and international accords.
  4. 4. DEFINITIONS What are language rights ? Language rights are concerned with rules that public or private institutions adopt with respect to language use in a variety of different domains, in which language policy choices get made; internal use (public services, court and legislations education) private language use ( immigration, naturalization, enlargement and official declarations). Linguistics rights? Linguistic human rights can be described as a series of obligations on state authorities to either use certain languages in a number of contexts, not interfere with the linguistic choices and expressions of private parties, and may extend to an obligation to recognise or support the use of languages of minorities or indigenous peoples. Kimilicka, language rights(16-25)
  5. 5. Language rights a part of 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. Human rights involving language area 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. Language rights are to be found in various human rights and freedoms provisions, such as 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.
  6. 6. Minority languages ? Minority languages are occasionally marginalized within nations for a number of reasons. These include the small number of speakers, the decline in the number of speakers, and their occasional consideration as uncultured, primitive, or simple dialects when compared to the dominant language. Support for minority languages is sometimes viewed as supporting separatism, for example the ongoing revival of the Celtic languages (Irish, Welsh, Scottish Gaelic, Manx, Cornish and Breton). Immigrant minority languages are often also seen as a threat and as indicative of the non-integration of these communities. Both of these perceived threats are based on the notion of the exclusion of the majority language speakers. Often this is added to by political systems by not providing support (such as education and policing) in these languages.
  7. 7. FUNCTIONALITY  Language rights function in some specific ways in relation to the status of the individual as well as to the exercise of state powers. The theory of fundamental rights distinguishes three basic functions in the relation between the individual and the state: status negativus, status positivus and status activus.  The status negativus concerns freedom from interference from the state.  The status positivus refers to the circumstances in which the individual cannot enjoy freedom without the active intervention of the status it is also concerned with judicial protection, but it also extends nowadays to many forms of social protection and social services (schooling, housing, health care and so on).  The status activus refers to the exercise of the individual‘s freedom within and for the state
  8. 8. LANGUAGE RIGHTS APPROACHES human rights approach to language rights A human rights approach to language can be framed as a ‘recognise-implement- improve’ method of ensuring state authorities effectively comply with their obligations:laws, policies and processes must recognise language rights within a human rights framework; authorities must integrate these in their conduct and activities; and mechanisms must be in place to effectively address failures and improve compliance Tolerance oriented Tolerance rights are concerned with protecting individuals against the state’s interference with their private language choices , these rights permit the minority speakers to use their language or whatever lang. promotion oriented As you can tell from the title it is concerned with promoting a language , it involves the use of a particular language by public and private institutions in order to promote that language , they are rights that an individual might have to the public use of a particular language ( court, public school system, the delivery of public services uage they like in associations and institutions of The civil society .
  9. 9. Assimilation-oriented rights Assimilation-oriented rights are types of language rights refer to the aim of the law to assimilate all citizens within the country, and range from prohibition to toleration. An example of prohibition type laws is the treatment of Kurds in Turkey as well as Turks in Iran, where they are forbidden to use the Kurdish and Turkish languages. Maintenance-oriented rights Maintenance-oriented rights refer to laws aiming to enable the maintenance of all languages within a country, and range from permission to promotion. An example of laws that promote language rights is the Basque Normalization Law, where the Basque language is promoted. The neutral point between assimilation-orientation and maintenance-orientation is non- discrimination prescription, which forbids discrimination based on language
  10. 10. PRINCIPLES Personality principles These rights are implying that all citizens have the same set of official language rights no matter where they are in the county. Territoriality principles The principle of territoriality refers to language rights that are being focused solely within a territory . Language rights should vary from a region to another according to local conditions, An example of the application of territoriality is the case of Switzerland, where linguistic rights are defined within clearly divided language-based cantons.
  11. 11. WHY BOTHER IMPLEMENTING LANGUAGE RIGHTS?  It improves access to and quality of education of minority languages  It promotes equality and empowerment of minority women  It enhances better use of resources  It improves communication and public services  It contributes to stability and conflict-prevention  It promotes diversity
  12. 12. LANGUAGE RIGHTS AND THE LEGAL STATUS IN DIFFERENT COUNTRIES  Canada  Austria  New Zealand  India
  13. 13. REGIONAL PLATFORM (AFRICA)  The Organisation of African Unity (OAU) (1963)  The African Charter on Human and Peoples' Rights (1986)  the African Academy of Languages (ACALAN) (2001)  The African Court of Justice and Human Rights (2004) (Bouali, 2012)
  14. 14. LINGUISTIC SITUATION OF AFRICA  Linguistic history of Africa In Zeleza’s words: “Colonialism not only brought European languages to Africa, it also sought to invent indigenous languages, and to establish hierarchies between them, in which the European languages were hegemonic, as part of the process of constructing colonial states, spaces, and societies.”  Language policy and practice in Africa (Innocent Maja, 2008)
  15. 15. AMAZIGH LANGUAGES IN NORTH AFRICA  33 centuries of existence and history  Assimilating policy 1956-61  Exclusion of Amazigh languages  Emergency of Amazigh movement 1967-80  Reorganization of cultural resistance (ago)  National, regional and international Amazigh network 1980-1991-1993 (Belkassm, 2008)
  16. 16. THE UN CONVENTIONS FOR THE PROTECTION OF LINGUISTIC RIGHTS IN MOROCCO & ALGERIA  the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, Declaration on the Rights of Indigenous Peoples, International Covenant on Economic, Social, and Cultural Rights, and the International Covenant on Civil and Political Rights. (United Nations 1976, 1992, 2007)
  17. 17. MOTHER TONGUES & LANGUAGES OF MOROCCO  Modern Standard Arabic: literacy, education, administration, media, religion  The «darija» or Moroccan Arabic : informal communication, some media; unwritten  Tamazight: informal communication, some media; despite recently developed orthography, literacy is rare  Hassanya: Also known as Moor. Over 40 000 in Southern Morocco people speak this form of Arabic  French: education, business, administration, media (Arsalane 2015)
  18. 18. OFFICIAL LANGUAGE POLICY IN MOROCCO  The Arabization policy
  19. 19. AMAZIGH MOVEMENT’S CLAIMS  AGADIR Charter Claims (1991) and Amazigh Manifest (2000)  Legal and constitutional recognition  Democratization of linguistic policy  Linguistic and cultural rights  Integration of Amazigh languages in the educational system  Integration of Amazigh language in the media  Establishment of institute for Amazigh language (Belkassm, 2008)
  20. 20. NEGOTIATIONS AND RECOGNITION Legal and constitutional recognition:  Establishment of High Commissariat for Tamazight (1993) and legal and constitutional recognition in Algeria (1996).  Legal and collective recognition 2001(July) and the establishment of Royal Institute for Amazigh Culture in Morocco (October 2001)  Partnership convention for Integration of Amazigh languages in education system 2003-2004  Partnership convention for Integration of Amazigh language in the media  Partnership conventions with other institutions
  21. 21. INTEGRATION OF AMAZIGH LANGUAGE IN EDUCATIONAL SYSTEM AND MEDIA  New Linguistic policy for Amazigh language in Morocco and Algeria  Adoption of TIFINNAGH (Amazigh writing) and standardization in Latin and Arabic in Algeria  Amazigh language for all Moroccan children and for all levels progressively since 2003-2004/in some regions in Algeria  Didactics materials in Amazigh language  Training programs for teachers  New dynamic with mother language in schools
  22. 22. REALIZATIONS AND CHALLENGES  Educational System  Ancestral writing system TIFINNAGH has become the official Graphic System ; recognized by the ISO-Unicode on June 2004  Progressive standardization of Amazigh language  Didactic materials elaborated for five levels of the primary  Elaboration of conceptions and programs of training  Sessions of training for teachers every year since 2003  Absence of Constitutional recognition  Human resources insufficient  Education budget is not enough  Absence of the professional training for teachers  Assimilating policy resistance (Belkassm, 2008)
  23. 23. CONCLUSION In a nutshell, what we are to bear in mind about everything we have highlighted about language rights and their legal status is that there are always languages that are dominant, but at the expense of others no matter what language planning and policies implemented to create a somewhat equal grounding for all languages. That is what we have covered in this work by providing different examples from the international and national context and that is what language rights are all about. They try to shed light on that injustice standing among languages and what language policies are implemented to enforce the dominant languages over minority ones.
  24. 24. REFERENCES BALKASSM, H. (2008). “Legal and constitutional status of Amazigh language in Morocco & North Africa.” New York: United Nations. Maja, I. (2008). “Towards the Human Rights Protection of Minority Languages in Africa.” New York: University School of Law. (2016). “Africa.” University of Montréal: National Observatory on Language Rights. Retrieved from http://odl.openum.ca/en/international/cas-de- figure/afrique/ Arsalane, Z. (2015). “Translanguaging in the Moroccan education system.” Sweden: Dalarna University. Bouali, F. (2012). “The Language Debate and the Constitution Amendment in Morocco.” Doha: Arab Center for Research and Policy Studies.

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