Notes Introduction 1. The author has been Chief Executive of the Irish language non-governmental organisation POBAL since 1999. POBAL means ‘community’. 2. Northern Ireland Statistics and Research Agency, Northern Ireland Census 2001. 1 A Silent War: Conflict Resolution and Language Policy and Planning in the North of Ireland and Quebec / Canada 1. ‘The struggle for human rights is inevitably a struggle for power, and one that is generally tied to resources.’ Mary Robinson, Human Rights: A Global Perspective, UN Global Compact U.S. Network Meeting, ‘Business and Human Rights’ 28 April 2008, Harvard Business School. 2. Henry Patterson, Truth and Reconciliation in NI? Not much hope of either, Parliamentary Brief, 9 February 2009, http://www.parliamentarybrief.com/ articles/2/new/truth-and-969_67_0.html, downloaded on 18/02/2009. 3. http://daccessdds.un.org/doc/RESOLUTION/GEN/NR0/043/88/IMG/NR004388. pdf?OpenElement.downloaded 24/02/09. 4. Anonymous (1996, p. 258) Human Rights in Peace Negotiations, Human Rights Quarterly 18, pp. 249–258. 5. Henry Patterson, Truth and Reconciliation in NI? Not much hope of either, Parliamentary Brief, 9 February 2009, http://www.parliamentarybrief.com/ articles/2/new/truth-and-969_67_0.html, downloaded on 18/02/2009. 6. See for example Buchanan (1991, 1997a, 1997b), Cassese (1998), Copp (1997, 1999), Epseill (1980). 7. UN General Assembly Resolution 1514 (XV), http://daccessdds.un.org/ doc/RESOLUTION/GEN/NR0/152/88/IMG/NR015288.pdf?OpenElement, downloaded 01/03/09. 8. The term ‘nationalist’ in the context of the north’s political parties implies support for an all-Ireland political framework. Nationalists tend to be Catholic and regard themselves as Irish. They are a significant minority of the population of NI, 43.8 per cent of the overall population of 1,685,267 according to the 2001 Census. 9. Unionism is the term applied to support for a full constitutional and institu- tional relationship between Ireland and Great Britain, based on the Act of Union 1800, which sought to merge both countries into the UK. Following Partition, in 1922, only the six north-eastern counties of Ireland (‘Northern Ireland’) remain under UK jurisdiction. Unionists tend generally to be Protestant and regard themselves as British. They are the majority section of the population in NI, 53.1 per cent of the overall population of 1,685,267 according to the 2001 Census. 10. For an analysis of this period, see Boyle, Hadden and Hillyard (1975). 11. Loyalist is the term used to describe those who support and / or engage in mili- tant paramilitary methods as their primary means to oppose the reunification of Ireland. Members of loyalist organisations tend to be overwhelmingly 232 Notes 233 Protestant and are generally regarded as being of a working-class background. During the CR process in the 1990s, two main loyalist paramilitary organisa- tions, the Ulster Defence Association (UDA) and the Ulster Volunteer Force (UVF) established legally constituted political parties, the Ulster Democratic Party (UDP) and the Progressive Unionist Party (PUP), respectively. Due to disagreement between the UDA and the UDP regarding power-sharing, the UDP dissolved in 2001. Its former role is now carried out mainly by the Ulster Political Research Group (UPRG), which has no elected representatives. The PUP won one Assembly seat in the 2007 elections. Both the UDA and the UVF have publically resisted decommissioning of their arsenals. In 2009, the Independent Monitoring Committee (IMC) stated that the UVF had put some arms beyond use. 12. Manitoba Language Rights [1985] 1 S.C.R. 721. 13. CBC News, 13 June 1985, 4,000 Manitoba laws declared invalid http://archives.cbc. ca/politics/provincial_territorial_politics/clips/13460/, downloaded 01/03/09. 14. Regulation 17, July 1912, amended 1913. An Ontario Ministry of Education regu- lation it restricted French as language of instruction after the first year of school and banned its teaching after the fourth year. 15. R. v. Mercure, [1988] 1 S.C.R. 234. 16. I shall refer to the 2007 Caron v. Alberta case in relation to this earlier ruling in Chapter 9. 17. It was also amended in 2005, as I shall examine in the final chapter. 18. Prior to the 1960s, federal law prevailed even in cases where there was no con- flict. The now well-established practice of adopting a more flexible interpre- tation of paramountcy is seen in the Supreme Court of Canada’s decision in Smith v. The Queen [1960] S.C.R. 776, and in Multiple Access v. McCutcheon. [1982] 2 S.C.R. 161 and the Law Society of British Columbia v. Magat [2001] 3 S.C.R. 113. 19. Attributed to Novelist Yves Beauchemin, cited in Dubé P. (1994) ‘Je est un autre ... et l’autre est moi. Essai sur l’identité albertaine.’ Dir. Létourneau, J. & Bernard, R., La question identitaire au Canada francophone. Récits, parcours, enjeux, hors-lieux, Québec. pp. 79–99. 20. This situation was to pertain until the period of the Good Friday Agreement which revised these two Articles by means of the 19th Amendment announced by David Andrews, the South’s Minister for Foreign Affairs on 2 December 1999. The amended Articles, accepted by Referendum, affords the right to all those born on the island of Ireland the right to be ‘part of the Irish Nation.’ They allow for the unification of the island subject to the consent of all the people living there, although the exact mechanism and choreography of determining this consent has never been made explicit. 21. New Ireland Forum Report, Stationery Office, Dublin 1984, p. 8. 22. Ibid, p. 44. 23. Ibid, p. 17. 24. Everyman’s United Nations, pp. 66–67. 25. At present, unionism remains divided as to whether the current arrangements secure the future of the North within the UK for all time, or undermine it fatally. The Democratic Unionist Party, now the largest party in the consociational NI Assembly have never accepted the Good Friday Agreement. 26. The devolved government sits at Stormont in East Belfast. 27. The Executive consists of the First and Deputy First Ministers and the ten Departmental Ministers in the devolved government. During the first period of 234 Notes devolution 2000–2, the two Democratic Unionist Party members boycotted the Executive in protest at power-sharing. 28. For a more detailed analysis of the GFA, see Bell (2000, pp. 172–176). 29. Bertrand v. AG Quebec (1995), 127 D.L.R. (4th) 408. 30. Coyne, A. (1995) ‘It’s no “narrow” legalism to ask if Quebeckers want a law-based state, The Globe and Mail’, 23 January 1995, A15. 31. The federal government’s sponsorship programme was established to highlight federal investment in Quebec and combat Parti québécois initiatives. It ran from 1993–2006. Amid widespread allegations of political corruption, it was investi- gated by the Gomery Commission, itself accused of political bias in favour of the Canadian Liberal Party. Gomery, J. (2005) Who is Responsible? Phase 1 Report, Public Works and Government Services Canada, Ottawa. 32. Parizeau urged Quebec, and particularly those in favour of separation, not to lose heart since the vote had been very close and could be won in future. He stated that the vote had only been narrowly lost because of ‘l’argent et puis des votes ethniques’ / ‘money and then some ethnic votes’. The remarks were reported in the media as ‘money and the ethnic vote’. 33. Bertrand v. AG Quebec (1996), 138 D.L.R. (4th) 481. 34. Reference re Secession of Quebec, [1998] 2 S.C.R. 217. 2 The Irish Language in the North of Ireland Statistics 1. An Foras Teanga consists of two parts, Foras na Gaeilge and the Ulster Scots Agency. 2. The Irish government announced a unilateral cut of 1.5 million euros in November 2002, sparking protests in the North by Irish language groups who saw it as an attack on hard-won GFA provisions. 3. In 2008, the Irish government tasked University College Dublin economist Colm McCarthy with heading an expert team to prepare proposals on public expendi- ture. The McCarthy Commission on Taxation (also known as An Bord Snip) devised cuts of 5 billion euros to health, education and welfare and so on. The report includes 85 recommendations affecting Irish language provision and the Gaeltacht. 4. These statistics do not include Northern Ireland. 5. Source: An Phríomh-Oifig Staidrimh / Central Statistics Office, Census 2006, Volume 9, Irish language, http://www.cso.ie/census/census2006results/volume_9/ volume_9_irish_language_entire_volume.pdf, downloaded 18/08/2009. 6. Canada Official Languages: Regulations 1991 SOR/92–48. 7. E-mail correspondence 13 June 2003, from Carrie Doole, Customer Services, Census Office for NI, Belfast to author. 8. Donoghue, F. (2004) p. 32 in Irish language versions, p. 33 in English language version. 9. Statistics in brackets from DCAL EQIA (January 2007) Reachtaíocht atá Molta i dTaobh na Gaeilge: Comhairliúcháin ar Mheasúnú Tionchair ar an Chomhionannas, 19 Eanáir / Proposed Irish Language Legislation : Consultation on Equality Impact Assessment, 19 January, p.5, points 6.4, 6.5. 10. NISRA, 27 August 2009, Statistics Press Notice, Migration Estimates NI (2008–9), http://www.nisra.gov.uk/archive/demography/population/migration/Migration_ PR(2008).pdf, downloaded 7/09/2009. 11. Hansard WA218 (HL2717) 22 March 2007. Notes 235 12. Hansard WA219, 22 March 2007. 13. Areas where the Irish language is the first language of the population, as desig- nated by the Irish government. 14. Statistics from the organisation Gaelscoileanna 2009. 15. Press release from Gaelscoileanna, May 2009, Gaelscolaíocht Séanta ar an Céadta Tuismitheoirí dá bPáistí / Hundreds of Parents Denied Irish Medium Education http:// www.gaelscoileanna.ie/index.php?page=news&action=view_item&news_ id=117, downloaded 13 September 2009.