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©Copyright 2012 Hsin-Yang Wu ©Copyright 2012 Hsin-Yang Wu Applying Official Language Plus from the Perspectives of Linguistic Human Rights and Multiculturalism in Taiwan Hsin-Yang Wu A dissertation submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy University of Washington 2012 Reading Committee: Veronica Taylor, Chair Gad Barzilai Laada Bilaniuk Dongsheng Zang Program Authorized to Offer Degree: School of Law University of Washington Abstract Applying Official Language Plus from the Perspectives of Linguistic Human Rights and Multiculturalism in Taiwan Hsin-Yang Wu Chair of the Supervisory Committee: Affiliate Professor of Law Veronica Taylor UW School of Law Taiwan began its political reform of languages in the 1990s. At this time, “Mandarin Plus” (Official Language Plus) became the core of Taiwanese language policy to deal with the aftermath of forced national linguistic assimilation under Chiang’s administration (1945-1988). Mandarin Plus, defined as teaching vernacular languages other than Mandarin, was legalized by a series of administrative ordinances based on the authority of the Ministry of Education. The plan includes compulsory vernacular language education, Taiwan Mother Tongue day, regional bilingual education, language integration courses, language teacher certification, and teacher training courses. However, political muscle rather than a solid legal foundation was used to deal with the aftermath of Mandarin Only. Whether Mandarin Plus can achieve either the multiculturalism envisioned by the constitutional amendments or the full potential of linguistic human rights remains in doubt. Therefore, further analysis is needed on whether Taiwan can comply with its constitutional aspiration and achieve linguistic human rights. This dissertation poses, examines and answers several questions from the perspective of linguistic human rights and applies the framework of language planning and international law to the Taiwanese situation. The questions considered include: What legal history and current issues affect language planning and policy in Taiwan? What is the applicable approach of ‘normative standards’ on language law? What is the source of law for the concept of linguistic human rights? What specific linguistic human rights can be identified? What conflicts exist between the current Mandarin Plus centric system and normative standards of linguistic human rights? This dissertation does not intend to negate the indispensability of the de facto official language in Taiwan. Rather, using international human rights law as a framing device for linguistic human rights, it pursues a balanced perspective between the official language and other languages while proposing legal modifications needed to contribute to Taiwan’s special language circumstances. Analysing Mandarin Plus centric language planning in Taiwan using the concepts of linguistic human rights contributes to our understanding of a related model -- the U.S. English Plus system -- and extends our understanding of the linguistic human rights domain. Keywords: Taiwan, language law, language rights, linguistic human rights, language planning, multiculturalism, constitutionalism, Mandarin Plus TABLE OF CONTENTS Applying Official Language Plus from the Perspectives of Linguistic Human Rights and Multiculturalism in Taiwan Page Table of Contents ………………………………………………………………………………….i List of Tables ……………………………………………………………………………………...v Chapter 1: Introduction ................................................................................................................... 1 1.1 Background and Basic Facts ............................................................................................. 1 1.2 Research Questions ......................................................................................................... 13 1.3 Methodology ................................................................................................................... 15 1.4 Thesis Organization ........................................................................................................ 20 1.5 Definitions....................................................................................................................... 21 1.6 Significance..................................................................................................................... 22 Chapter 2: The Legal History of Language Planning and Policy in Taiwan ................................ 25 2.1 Composition of Taiwan’s Language Population ............................................................. 25 2.1.1 The Four Ethnic Groups ...................................................................................... 28 2.1.2 People Not Included in the Four Ethnic Groups ................................................. 37 2.1.3 Inconsistency with Real Language Groups ......................................................... 39 2.1.4 A Multilingual Society without Accurate Linguistic Statistics ........................ 41 2.2 Language Policy before the Modern States .................................................................... 43 2.3 The Japanese Colonial Period (1895-1945) .................................................................... 48 2.3.1 The Triple-track Period ....................................................................................... 49 2.3.2 Inland Extension Period ...................................................................................... 54 i 2.3.3 Imperial Subject Period ....................................................................................... 56 2.4 The Chinese Nationalist Party Administration Period (1945-2000) ............................... 58 2.5 The Democratic Progressive Party Administration Period (2000 - 2008) ...................... 69 Chapter 3: The Normative Standard of Language Law ................................................................ 77 3.1 The Relationship between Language and Law ............................................................... 77 3.1.1 Language Constitutes the Nature of Law ............................................................ 77 3.1.2 The Language of Law .......................................................................................... 78 3.1.3 Language in Law ................................................................................................. 79 3.1.4 Language Mediating Law .................................................................................... 81 3.2 The Content of Language Law........................................................................................ 83 3.2.1 Language Law regarding Language Planning ..................................................... 84 3.2.2 Language Law and Language Rights .................................................................. 87 3.2.3 Source of Language Law in Taiwan .................................................................... 88 3.3 The Normative Standards of Language Law .................................................................. 89 3.3.1 Nation-Building Approach .................................................................................. 90 3.3.2 Benign Neglect Approach ................................................................................... 92 3.3.3 Resource-Oriented Approach .............................................................................. 95 3.3.4 Diversity Maintenance Approach ...................................................................... 100 3.3.5 Procedural Approach ......................................................................................... 100 3.3.6 Linguistic Human Rights Approach .................................................................. 105 3.3.7 Applicability of Normative Standards ............................................................... 107 3.4 Conclusion .................................................................................................................... 109 ii Chapter 4: Applying International Human Rights to Taiwan ...................................................... 111 4.1 Sources of International Human Rights Law ................................................................. 111 4.1.1 Charter of the United Nations ........................................................................... 111 4.1.2 The International Bill of Human Rights ............................................................ 113 4.1.3 Other Sources of International Human Rights .................................................. 118 4.2 The Evolving Generations of Human Rights ................................................................. 119 4.3 Adoption of International Human Rights ...................................................................... 125 4.4 Conclusion .................................................................................................................... 140 Chapter 5: The Content of the Linguistic Human Rights ........................................................... 143 5.1 Linguistic Factors in the International Human Rights Context .................................... 143 5.1.1 Language as a Standardizer ............................................................................... 145 5.1.2 Language as a Classification Indicator .............................................................. 148 5.1.3 Language as an Urgent Necessity ..................................................................... 149 5.1.4 Language as a Subsidiary Instrument ...............................................................
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