Response on the Strategy for Protecting and Enhancing the Development of the Irish Language

Response on the Strategy for Protecting and Enhancing the Development of the Irish Language 2012

Introduction

1.  The Northern Ireland Human Rights Commission (‘the Commission’), pursuant to Section 69(1) of the Northern Ireland Act 1998, reviews the adequacy and effectiveness of law and practice relating to the protection of Human Rights. In accordance with this function the following statutory advice is submitted to the Department of Culture, Arts and Leisure (‘the Department’) in response to the draft Strategy for Protecting and Enhancing the Development of the Irish Language 2012.

2. The Commission bases its position on the full range of internationally accepted human rights standards, including the European Convention on Human Rights as incorporated by the Human Rights Act 1998 and the treaty obligations of the Council of Europe and United Nations systems. The relevant international treaties in this context include;

·  The European Convention on Human Rights, 1950 (‘ECHR’) [UK ratification 1951];

·  The International Covenant on Civil and Political Rights, 1966 (‘ICCPR’) [UK ratification 1976];

·  The International Covenant on Economic, Social and Cultural Rights, 1966 (‘ICESCR’) [UK ratification 1976];

·  The United Nations Convention on the Rights of the Child, 1989 (‘UNCRC’) [UK ratification 1991];

·  European Charter for Regional and Minority Languages, 1992 (‘the Charter’) [UK ratification 2001];

·  Framework Convention for the Protection of National Minorities, 1993 (‘FCNM’) [UK ratification 1998];

·  UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions, 2005 [UK ratification 2007].

3.  The Northern Ireland Executive is subject to the obligations contained within these international treaties by virtue of the United Kingdom’s ratification. The Commission, therefore, advises that the Department ensures the proposed draft Strategy is scrutinised for full compliance with all international human rights standards.

4.  In addition to these treaty standards there exists a body of ‘soft law’ developed by various human rights bodies. These declarations and principles are non-binding but provide further guidance in respect of specific topic areas. The relevant standards in this context include;

·  United Nations Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, 1992;

·  The Hague Recommendations Regarding the Education Rights of National Minorities, 1996;

·  The Oslo Recommendations Regarding the Linguistic Rights of National Minorities, 1998;

·  The Lund Recommendations on the Effective Participation of National Minorities in Public Life, 1999;

·  Guidelines on the use of Minority Languages in the Broadcast Media, 2003;

·  The Ljubljana Guidelines on Integration of Diverse Societies, 2012.

Specific UK Commitments

5.  The Commission recalls the specific nature of this consultation, but recognises the commitment under the Belfast (Good Friday) Agreement 1998 to respect for all minority languages.

6.  The Commission advises that the Department consider the full range of international human rights law and standards in accordance with its statutory duty under s.26 of the Northern Ireland Act 1998.

7.  The Commission notes the commitment made by the UK Government in relation to the Irish language under the Belfast (Good Friday) Agreement 1998 which recognised;

“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 various ethnic communities”.[1]

8.  This commitment was reinforced under the Joint Declaration of the British and Irish Governments 2003 requiring the Government to;

“continue to discharge all its commitments under the Agreement in respect of the Irish language. Specifically, in relation to broadcasting, the British Government will take all the necessary steps to secure the establishment as soon as possible, following receipt of the final business case in April, of a fund for financial support for Irish language film and television production. It will also take steps to encourage support to be made available for an Ulster-Scots academy. The two Governments will continue to work with the relevant regulators and broadcasting authorities to address the technical and other barriers with a view to increasing substantially the reception of TG4 in Northern Ireland.[2]

9.  The St. Andrews Agreement 2006 stated a commitment to introduce an Irish Language Act reflecting on the experience of Wales and Ireland. This was reinforced by an amendment to the Northern Ireland Act 1998 to include a statutory duty to adopt a strategy in relation to the Irish language.[3]

Applicable International Human Rights Standards

10.  The Commission recalls the protection of minority and regional languages in accordance with international law. The ICCPR, Article 27, states that;

“In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language.”

11. In addition, the ICESCR protects the right to culture under Article 15(1)(a) which recognises the right to take part in cultural life. The Committee on Economic, Social and Cultural Rights has considered that culture encompasses;

“ways of life, language, oral and written literature, music and song, non-verbal communication, religion or belief systems, rites and ceremonies, sport and games, methods of production or technology, natural and man-made environments, food, clothing and shelter and the arts, customs and traditions through which individuals, groups of individuals and communities express their humanity and the meaning they give to their existence, and build their world view representing their encounter with the external forces affecting their lives”.[4]

12. The Committee on Economic, Social and Cultural Rights has also referred to minorities and their right to;

“cultural diversity, traditions, customs, religion, forms of education, languages, communication media (press, radio, television, Internet) and other manifestations of their cultural identity and membership”.[5]

13. The UNCRC makes provision for the protection of the rights of children belonging to minorities in respect of culture and language. Article 30 states that;

“In those States in which ethnic, religious or linguistic minorities or persons of indigenous origin exist, a child belonging to such a minority or who is indigenous shall not be denied the right, in community with other members of his or her group, to enjoy his or her own culture, to profess and practise his or her own religion, or to use his or her own language.”

14. The UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions has among its objectives the creation of conditions for cultures to interact freely, to foster interculturality and to promote respect for diversity. In order to do so States should;

“provide opportunities for domestic cultural activities, goods and services among all those available within the national territory for the creation, production, dissemination, distribution and enjoyment of such domestic cultural activities, goods and services, including provisions relating to the language used for such activities, goods and services.”[6]

15. The prohibition of discrimination on the grounds of language is guaranteed by international law which includes provisions in the ICCPR, ICESCR, UNCRC and the ECHR. The elimination of discrimination relating to the use of a minority language is further required for all languages under Article 7(2) of the European Charter for Regional or Minority Languages (‘the Charter’).

16. The Council of Europe has published two specific instruments in relation to the promotion and protection of the rights of minorities; the Framework Convention for the Protection of National Minorities (‘FCNM’) and the Charter.

17. The FCNM states, under Article 5(1), that;

“[t]he Parties undertake to promote the conditions necessary for persons belonging to national minorities to maintain and develop their culture, and to preserve the essential elements of their identity, namely their religion, language, traditions and cultural heritage.”

18. The Charter requires a specified level of protection for a minority language which is commensurate with its status. Irish is a Part III language which requires compliance with Part II and a minimum of thirty-five paragraphs under Part III of the Charter. The UK is required to submit a State report on compliance with the Charter in respect of its regional and minority languages on a three-yearly basis. The Committee of Experts (‘COMEX’) provides detailed reports on compliance by State Parties.

19. The UN Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities protects, inter alia, the right of minorities “to use their own language, in private and in public, freely and without interference or any form of discrimination”.[7] The Declaration further requires the State to protect the existence of linguistic minorities and encourage conditions for the promotion of that identity.[8]

20. The Organisation for Security and Co-operation in Europe (‘OSCE’) has produced a number of documents which refer to the rights of a minority to use their own language and provide guidance on the implementation and integration of minority languages in various sectors of public life. The Ljubljana Guidelines on Integration of Diverse Societies recognise the importance of protecting and promoting minority language as a means to contribute to peace and stability. The guidelines suggest that;

“States should ensure that minorities enjoy sufficient support in maintaining and developing their linguistic identities. This can include guaranteeing the right to use minority or regional languages in private and family life and by supporting their use in private and in public.”

The Proposals

21. The Commission notes the reference to the Charter throughout the consultation paper and welcomes the inclusion of human rights considerations at the consultation stage.

22. The Commission notes that distinct consultation exercises are being undertaken with respect of the Irish language and Ulster Scots; a change from previous proposals. The Commission welcomes this and recalls that the COMEX concluded that “each regional or minority language should be protected and promoted according to its own situation”.[9] In this regard, the Commission notes the concerns raised by the Advisory Committee on the Framework Convention, in its third opinion on the UK, that the two minority languages will be treated on an equal footing despite their different needs.[10] The Commission endorses this position.

Education

23. The COMEX has raised concerns in relation to the provision of Irish Medium (IM) education in Northern Ireland. These include:

·  Problems associated with enrolment and lack of sufficient provision to meet the demand at pre-school level;[11]

·  Lack of planning for the projected growth of the primary sector, need for the urgent improvement of infrastructure and the development of special educational needs provision;[12]

·  Difficulties in establishing new provision for IM education at the post-primary level, transportation problems, shortage of teachers and insufficient provision.[13]

24. These concerns are in line with both the FCNM and Hague Recommendations. The FCNM requires that there are adequate opportunities for being taught the minority language or for receiving instruction in this language,[14] while the Hague Recommendations supports, at a minimum, pre-school and primary education being taught in the child’s own language, with the State creating conditions to allow parents to choose such an establishment.[15] Both the FCNM and the Hague Recommendations also require States to provide adequate facilities for the appropriate training of teachers.[16]

25. The Commission advises that the draft Strategy set out how those concerns raised by the COMEX are to be addressed.

Administration, Service and Community

26. The FCNM requires that where there is a request, administrative authorities should ensure that a minority language can be used in any relations with an individual from a national minority.[17]

27. The Lund Recommendations on the Effective Participation of National Minorities in Public Life suggest that special measures could be put in place in order to ensure that minorities are able to have an effective voice in government, for example by the provision of public services in the minority language.[18] It is also suggested that use of a minority language at the local level will also allow administrative bodies to respond more effectively to the concerns of minorities.[19]

28. The Commission notes proposals under the Strategy that local authorities should facilitate signposting of place-names in Irish and new developments to reflect local heritage. This is in line with the Article 10(2)(g) of the Charter.

29. The COMEX has raised a number of concerns in respect of the administration of local and regional authorities and compliance with the Charter. These include:

·  The ability of the departments of the NI Executive to conduct business in Irish in accordance with the existing Code of Courtesy;[20]

·  The provision of publications, official documents and forms by local authorities in Irish;[21]

·  The use of regional or minority languages during Assembly debates.[22]

30. The Commission advises that the draft Strategy set out how the comments of the COMEX are to be addressed.

Media and Technology

31.  The FCNM prohibits discrimination in access to the media for national minorities.[23] It further requires that the State adopts measures to facilitate access to the media for minorities.[24]

32.  The OSCE Guidelines on the use of Minority Languages in the Broadcast Media 2003 recommend that States should develop policy to address the use of minority language in the broadcast media, ensuring effective participation for national minorities in the consultation process and representation on only resulting institutions or bodies.[25]

33.  The Commission advises that these issues are considered in the draft Strategy.

34.  Where it has been able to comment, COMEX has encouraged the State to provide a lasting and sustainable solution to funding of Irish television broadcasting.[26] It is unclear from the draft Strategy, whether its commitment to supporting the Irish Language Broadcasting Fund would meet this concern.

Legislation and status of the language

35.  COMEX noted that since the UK’s first periodic report there has been no progress on the availability of national statutory texts and requested further information in the next reporting round.[27] The Commission notes the draft Strategy commitment to important legal texts being made available in Irish.

36. The Commission notes the intention under the draft Strategy for the Administration of Justice Act (Ireland) 1737 to be prorogued. This is in line with commitments made under the Belfast (Good Friday) Agreement to remove “restrictions which would discourage or work against the maintenance or development of [Irish]”[28] and Article 7(2) of the Charter which requires the elimination of unjustified restrictions to minority languages. The draft Strategy should set out Government’s commitment to the elimination of all unjustified restrictions on the use of minority languages.