Linguistic Rights of Minorities. a Comparative Analysis of the Existing
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Università degli Studi di Padova Dipartimento di Studi Linguistici e Letterari Corso di Laurea Magistrale in Lingue Moderne per la Comunicazione e la Cooperazione Internazionale Classe LM-38 Tesi di Laurea Linguistic Rights of Minorities. A comparative Analysis of the Existing Instruments for the Protection of the Linguistic Rights of Minorities at International and European Levels Laureando Relatore Giulia Ferraro Prof. Giovanni Poggeschi 1148890 / LMLCC Anno Accademico 2017 / 2018 ABSTRACT Realization of linguistic rights is a matter of concern for minorities. Language is a fundamental part of minorities' identity. Minorities regard language not only as a medium of communication. On the contrary, it enshrines their values and views of the world. Denial of linguistic right not only contributes to a process of linguistic assimilation and languages loss, but also to the loss of the collective identity of members belonging to a minority. It follows from this that the right to express oneself and to communicate with others in one’s own language, both in private and in public, is fundamental for minorities. Given the centrality of language to minorities’ identity, this paper attempts to understand the present state of minority linguistic rights in international law and European law. Nowadays many international and European documents contain provisions for the protection of linguistic rights. More often than not, however, international instruments, although legally binding, produce little practical effects. A comparative analysis of the practice at the international, i.e. within the framework of the United Nations, Council of Europe and Organization for Security and Co-operation in Europe, and European levels reveals different approaches. The European Union devotes particular attention to minority rights. During the pre-accession process, candidate states are indeed required to implement the rights of minorities effectively, in order to become eligible to join the Union. Differently to international practices, the Union has the power to push states to adopt appropriate measures to protect and promote the linguistic identity of minorities. The experience of Latvia's accession process towards the EU is offered as a model for demonstrating that the Union is the only organization that is able to accommodate minorities' demands to protect their linguistic rights and, indirectly, their separate identity. ACKNOWLEDGMENT Foremost, I owe a profound and special gratitude to my Supervisor Prof. Giovanni Poggeschi for having given me the opportunity to work with him. I would like to express my sincere gratitude to Prof. Poggeschi for his help, wise advice and guidance, support of my research and understanding. I have developed a great interest in minority linguistic rights owing to his course of “Diritto internazionale delle lingue.” His passion, enthusiasm and immense knowledge inspired me to do research in this field and motivated me to work hard on my thesis. I consider it an honor to have worked with him. My sincere thanks also goes to Prof. Fiona Clare Dalziel, for her understanding, consistent support and patience. I am gratefully indebted to her for her continuous encouragement. I am also grateful to the hard-working and helpful staff of the public library of my town. Without their work, this thesis would not have been possible. Finally, I must express my very profound gratitude to my family: my parents, Antonella and Franco, for providing me with unceasing support and continuous encouragement throughout my years of study and through the process of researching and writing this thesis. This accomplishment would not have been possible without them. Last but not the least, I would like to thank my best friends, Giulia and Flogert, for always standing by my side. Thank you for always being my best supporters. TABLE OF CONTENTS INTRODUCTION p. 1 PART I – THEORETICAL FRAMEWORK CHAPTER ONE – IDENTIFICATION OF MINORITIES 1.1 Definition of concept minority p. 7 1.1.2 The objective and subjective components of the definition of minority p. 9 1.2 Definition of the concept minority on the international level p. 15 1.2.1 The United Nations p. 15 1.2.2 The Council of Europe p. 20 1.2.3 The Organization for Security and Co-operation in Europe p. 24 1.3 Definition of the concept minority on the European level p. 27 1.3.1 The European Union p. 27 CHAPTER TWO – DEFINING LINGUISTIC RIGHTS 2.1 The importance of language p. 31 2.2 Linguistic human rights p. 33 2.3 Promotion oriented linguistic rights p. 36 2.4 Areas of application of linguistic rights p. 38 2.4.1 Names and geographic names p. 38 2.4.2 The media p. 40 2.4.3 Administration and public services p. 41 2.4.4 Economic life p. 42 2.4.5 Private activities p. 43 2.4.6 Juridical proceeding p. 43 2.4.7 Education p. 44 PART II – PROTECTION OF MINORITY LINGUISTIC RIGHTS CHAPTER THREE – EXISTING INSTRUMENTS FOR THE PROTECTION OF MINORITY LINGUISTIC RIGHTS 3.1 Introduction p. 51 3.2 The United Nations p. 54 3.2.1 International Covenant on Civil and Political Rights p. 55 3.2.2 Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities p. 58 3.2.3 Other instruments p. 61 3.3 The Council of Europe p. 62 3.3.1 The Framework Convention for the Protection of National Minorities p. 64 3.3.2 The European Charter for Regional or Minority Languages p. 68 3.4 The Organization for Security and Co-operation in Europe p. 76 3.5 The European Union p. 83 3.6 Respect for minorities: a challenge for membership conditionality p. 89 PART III - CASE STUDY CHAPTER FOUR – RUSSIAN MINORITY IN LATVIA 4.1 Introduction p. 95 4.2 The Copenhagen minority protection criterion applied p. 99 4.3 Language policy in Latvia p. 107 CONCLUSION p. 121 REFERENCES p. 125 SUMMARY IN ITALIAN p. 143 INTRODUCTION The presence of national minorities in almost all states is a reality of modern time. Members belonging to a national minority share ethnic, religious and linguistic characteristics, which distinguish them from the rest of the population of a state. These characteristics are fundamental to the maintenance of their identity. Language, in particular, is an essential component of collective and individual identity. Language is not just a tool for communication: it occupies an important place in a person's life. The use of one's own language represents one of the principal means by which a person can preserve her/ his identity. When a person uses her/ his language, she/ he is expressing her/ his identity. With the languages loss, minorities may lose their identity and eventually disappear. For a minority, its language is also important to transmit its culture and values. Better still, language is an essential component of culture. For this reasons, on the part of minorities have emerged claims asking for the protection of their languages. Linguistic rights are therefore particularly significant to minorities, willing to maintain their distinct cultural identities. The knowledge and the possibility of employing minority languages in everyday life is crucial to prevent languages loss. Awareness of the importance of languages to minority has emerged also among states. So much so that during the preparation of the draft of what in 1948 became the Convention on the Prevention and Punishment of the Crime of Genocide, the United Nations discussed about linguistic and cultural genocide, and were regarded as crimes against humanity. Unfortunately, in the General Assembly, Article 3 on linguistic and cultural genocide was not approved by some states and it was thus not included in the final text of the convention. However, it remains a definition of linguistic genocide; it is defined as “prohibiting the use of the language of the group in daily intercourse or in schools, or the printing and circulation of publications in the language of the group.” It is striking to note that, however, some other states were prepared to accept Article 3. Limiting or prohibiting an individual’s right to use her/ his language is a policy of linguistic genocide. The alternative to linguistic genocide is granting linguistic rights. An adequate language policy should aim at maintaining and promoting linguistic diversity and, at the same time, preventing linguistic assimilation. Acknowledging linguistic diversity does not imply the recognition of linguistic rights to the speakers of the minority 1 languages concerned, but an adequate system of language protection is needed. It is now generally admitted that a mere regime of tolerance is not enough. It is as well widely accepted that minority languages need special rights. Nowadays, the international community is increasingly aware of the linguistic differences and concerned with the setting of standards in this field. The main international institutions, namely the United Nations, the Council of Europe, the Organization for Security and Co-operation in Europe and the European Union, have developed minority languages protection provisions in response to the demands of minorities. Many are the provisions covering the language issues in both international and European instruments. Unfortunately, more often than not, those provisions do not produce any practical effect. This is true, especially for international provisions, which often put a mere moral pressure on states to adopt special measures. It is within the framework of the European Union that those provisions produce significant effects. The Union has indeed based the accession to the European community on the respect for minorities and their rights, thus the threat of non-membership is crucial to push states to adopt special measures to accommodate minority rights protection. The aim of this paper is to prove that only the European Union is able to push state to translate provisions contained in international treaties and covenants into state policy and effectively improve minorities' life.