Linguistic Human Rights Ole Henrik Magga Overcoming Linguistic Discrimination
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The Sami Language Act Linguistic Human Rights Ole Henrik Magga Overcoming Linguistic Discrimination Introduction In October 1990 the Norwegian Parliament took a series of legislative steps to strengthen the official use of the Simi language in Norway. Together these measures are widely referred to as the Simi Language Act, a label I shall use for ease of reference. In reality the regulations in question involved changes in three laws, primarily the law on the Sami Assembly (Parliament), and also laws on education and on courts of Edited by law. 1 Tove Skutnabb-Kangas During a political crisis in 1980, the Norwegian Government was obliged to establish two investigatory commissions to examine the Sami Robert Phillipson people's cultural and legal position in Norway and to make recommen dations on future policy. The events that led to this decision were vigorous in collaboration with protests against the Alta River hydro-electric dam project 2 and more Mart Rannut general protests against Norwegian policies towards the Sami population. The Simi Rights Commission, chaired by Carsten Smith, now presiding judge of the Norwegian Supreme Court, presented its first report and recommendations in 1984. This resulted in the establishment of the Simi Parliament and the passing of a constitutional amendment with the following wording: It is incumbent on the governmental authorities to take necessary steps to enable the Simi population to safeguard and develop their languge, their culture and their social life. A draft Sami Language Act was prepared by the Culture Commission (NOV 1985:14, chapter 8), which submitted three reports. The govern ment has closely cooperated with the Simi Parliament in drafting the provisions of the Language Act, for enforcement from March 1 1992. The enactment of these laws has radically changed the principles underlying Norwegian policy towards the Simi people. In addition, Norway has adopted a broad interpretation of international standards Mouton de Gruyter for the protection of minorities. Thus article 27 of the International Berlin New York 1994 220 OIl' /1(,l1rik Moggo The S(11111 Lal1KuaKe ACI 221 Covenant on Civil and Political Rights is understood as imposing an Teachers were paid a bonus for good results in this national task. Sami~ obligation to discriminate positively in favour of the Sami minority. ThiS were not allowed to buy land unless they started to use Norwegian in means that the authorities shall not merely legislate against the discrim their homes and learned to write the language. The Sami resistance wa~ ination of S,imi language and culture. The state shall take positive slicpS strong initially, but little by little almost all doubt was swept aside: the to make it possible for the S{lmi people to survive as a people. The Norwegian language and culture should prosper in Sami land and the Ministry of Justice declared this explicitly in 1987. Sami language should die. I shall present the content of the Sami Language Act and comment Then the War came to Norway in 1940, and Norwegians had their on its practical consequences. But before doing so, a few words about own experience of foreign rule, also in the cultural field. After World the historical background of the Sami people's situation in Norway may War II Norway declared that a new course would be followed in the be not quite out of place. policies towards the Sami population. The old discriminatory laws were repealed. Little by little a new consciousness had grown among Samis. Gradually the Sami organizations in Norway, Finland and Sweden man Earlier Norwegian stale policy towards the Sami aged to influence government policies so much that the Sami gained some official recognition. The breakthrough came in Finland, where an elected When a Canadian lawyer, Professor Douglas Sanders, was asked to S~lmi Assembly was established in 1973. In Norway things went more provide the Norwegian Supreme Court with an expert opinion on (he slowly. The 1960s and 1970s produced a stream of resolutions, but nothing relationship between the Sil 111 I nation and the Norwegian state, he de decisive happened, although the Sami language was taken into use in clared (Sanders 19S1): "The relationship between the Norwegian Sl<lte primary schools on an experimental basis in 1967. Then came the Alta and the S~lmi people is colonial in its origins". Exactly the same is true clash. Within a few years four major reports were submitted to the in the other Nordic states, and in Russia/the Soviet Union. Sami land Government outlining proposals for a principled basis for an official was absorbed and divided up by the Nordic states and Russia in a S~1I11i policy. The S~lmi Parliament was opened by the King in 1989. While historical process which began with trading, plunder and missionary the Sami Culture Commission has concluded its work, the Sami Rights expeditions. The borders were drawn up in 1751 and 1826, after which Commission is still at work on the land and water questions. the states installed themselves as private owners of all land and water. The Norwegian state launched a systematic war against Sami culture and language for 100 years, while the other states denied the existence of the The Sami language in Norway Sami as a people. Prior to 1700, Norwegian state policy towards the S{lmi was unsyste The majority of speakers of the Sami language live in Norway. Norway matic. Between 1710 and 1720, the "S~lmi mission" was organized, and has therefore a special responsibility for the future of the Sami language. its first leader, Thomas von Westen, strongly advocated the use of the Here we find three of the main dialects of Sami, North, Lule, and South. 3 Sami language in education and the church. After his death, attitudes to The northern dialect is the most widespread geographically and has the the Sami language were more hostile. This changed again in the 1820s, most numerous speakers. I t is also the dialect that has been used most when a parson, N. V. Stockfleth, started work among the Sami. Many in books and newpapers. There are no precise figures for the Sami books were printed and teachers trained. But unfortunately new winds popUlation or for speakers of Sami, because of the absence of reliable soon swept over the fjords and mountains in Sami land. From 1850 data. Since 1890 the Sami population has been put at around 20,000. onwards there was a cold winter for the Sami language, lasting for a The latest census, in 1970, covered only the 3 northernmost counties of century. This was the time when the young Norwegian state was estab the country (Finnmark, Troms, Nordland). The report summing up the lishing itself and the true Norwegian nationalist spirit could not hear census concluded: "There are probably in Norway some 40,000 persons those "foreigners" (the S,1mis and Kvens, I. e. Immigrants from Finlillld) whose life is in one way or another affected by their Lappish (i. e. Sami) All means were taken into use for the purpose of "Norwegianlsatlon". ancestry" (Aubert 1978: 118). An informed guess at the number of Sami 222 Ole HenriA Maggo The Sami Language Act 223 speakers in Norway is roughly 25,000. Much depends on what is meant treated in a cavalier way in many domains. The most bizarre arguments by "a Sami speaker", as the language competence in Sami of such have been used in order to justify a refusal to provide services in Sami. bilingual speakers ranges from total mastery to only "kitchen Sami" with The need to leave this dark period behind was abundantly clear to anyone an elementary vocabulary. with the slightest interest in the state granting a degree of equality of Since 1967 Sami has been taught in primary schools. It is also currently treatment to its citizens. both used as a medium and taught as a subject in secondary schools and at 2 universities. Textbooks have been printed, and since the early 1970s 5 -10 literary books have been published each year. There are 2 news The content of the legislation papers. Regional radio services are in Sami for a little more than 1 hour daily. Several local authorities have declared that they wi]] use Sami more Purpose in their services. Several laws and information leaflets on health and social welfare have been translated. The Sami languge has thus been The purpose of the Sami Act, as stated in its preamble, is to make it gaining ground for several years. possible for the Sami people in Norway to safeguard and develop their Hitherto the only references in Norwegian law to the Sami language language, culture and way of life. An additional paragraph in the pre have been in the Primary and Lower Secondary Education Act and in amble states that Sami and Norwegian are equal languages with equal the Upper Secondary Education Act. Whenever Sami has been used for status, pursuant to the provisions of section 3 of the Act. This, together official purposes, this has been entirely at the discretion of the body in with the paragraphs in the laws on education and justice referred to question. Individual courts could, under a provision in the Courts Acts, earlier, guarantees to citizens certain rights to service in Sami, and imposes which states that any person who does not understand Norwegian IS corresponding obligations on public bodies to communicate in Sami both entitled to an intepreter, decide on the admissibility of Sami. orally and in writing and to provide information to the Sami population in Sami. The rationale for the legislation Area 0/ application The committee set up to investigate Sami questions as long ago as in Six local authorities in the counties of Finnmark and Troms, where the 1956 declared in its 1959 report that the maintenance and development Sami language has a strong position, are defined as the administrative of the Sami language was decisive for the future of the Sami people.