Appendix 1 Overview of Application of Language Policies Background Language Profile of the Derry City & Strabane Council Area The Derry City and Strabane District Council area is home to a diverse range of languages including English – the majority language; Irish and Ulster-Scots – our regional minority indigenous languages; minority ethnic languages such as Polish and Chinese, and British and Irish sign languages. Demographics Indigenous Languages – Irish and Ulster-Scots In the Derry City and Strabane District Council area 13.92% (19,704) of the population has knowledge of Irish and 5.13% (7,266) of the population has knowledge of Ulster- Scots. Minority Ethnic Languages in the Derry-Strabane LGD The following table provides data in relation to speakers of minority ethnic languages in the Derry City and Strabane Local Government District (LGD). The most widely spoken minority ethnic languages in the area are Polish, Chinese and Malayalam. Main Language No. of speakers Percentage Polish 712 0.50% Lithuanian 71 0.05% Portuguese 22 0.02% Slovak 15 0.01% Chinese 100 0.07% Tagalog/Filipino 74 0.05% Latvian 20 0.01% Russian 43 0.03% Malayalam 103 0.07% Hungarian 69 0.05% Other 771 0.54% (Source: Census Figures 2011) 1 Legislation Derry City and Strabane District Council has developed a suite of language policies which are designed to meet the needs of language communities and to aid the Council to meet its legislative obligations in respect of language. There are three key instruments of legislation which apply to language in the context of local government are as follows: 1. The European Charter for Regional or Minority Languages; 2. The Good Friday Agreement; 3. The St Andrew’s Agreement. The relevant sections upon which Councils are required to base their policies are summarised below. The European Charter for Regional or Minority Languages (2001) The European Charter for Regional or Minority Languages is a European Treaty adopted under the auspices of the Council of Europe (which is separate from the European Union) to protect and promote the regional languages of Europe. The Charter outlines a range of protections which governments can adopt in favour of languages. The UK Government has adopted Part II and Part III protections for Irish and Part II protections for Ulster-Scots. Part II and Part III Protections Part II protections are based on eight broad principles: Recognition of regional or minority languages as an expression of cultural wealth; Respect for the geographical area of each regional or minority language; The need for resolute action to promote such languages; The facilitation and/or encouragement of the use of such languages, in speech and writing, in public and private life; The provision of appropriate forms and means for the teaching and study of such languages at all appropriate stages; The promotion of relevant transnational exchanges; The prohibition of all forms of unjustified distinction, exclusion, restriction or preference relating to the use of a regional or minority language and intended to discourage or endanger its maintenance or development; The promotion by states of mutual understanding between all the country’s linguistic groups. 2 Part III of the Charter, which applies to Irish, requires specific undertakings and tangible interventions in the following areas: Education; Judicial authorities; Administrative authorities and public services (Article 10) Media; Cultural activities and facilities; Economic and social life; Transfrontier exchanges. The section of the Charter which has most relevance for local Councils is Article 10 – Administrative Authorities and Public Services which is detailed below: Article 10 – Administrative authorities and public services Within the administrative districts of the State in which the number of residents who are users of regional or minority languages justifies the measures specified below and according to the situation of each language, the Parties undertake, as far as this is reasonably possible: to ensure that the administrative authorities use the regional or minority languages; or to ensure that such of their officers as are in contact with the public use the regional or minority languages in their relations with persons applying to them in these languages; or to ensure that users of regional or minority languages may submit oral or written applications and receive a reply in these languages; or to ensure that users of regional or minority languages may submit oral or written applications in these languages; or to ensure that users of regional or minority languages may validly submit a document in these languages; to make available widely used administrative texts and forms for the population in the regional or minority languages or in bilingual versions; to allow the administrative authorities to draft documents in a regional or minority language. In respect of the local and regional authorities on whose territory the number of residents who are users of regional or minority languages is such as to justify the measures specified below, the Parties undertake to allow and/or encourage: 3 the use of regional or minority languages within the framework of the regional or local authority; the possibility for users of regional or minority languages to submit oral or written applications in these languages; the publication by regional authorities of their official documents also in the relevant regional or minority languages; the publication by local authorities of their official documents also in the relevant regional or minority languages; the use by regional authorities of regional or minority languages in debates in their assemblies, without excluding, however, the use of the official language(s) of the State; the use by local authorities of regional or minority languages in debates in their assemblies, without excluding, however, the use of the official language(s) of the State; the use or adoption, if necessary in conjunction with the name in the official language(s), of traditional and correct forms of place-names in regional or minority languages. With regard to public services provided by the administrative authorities or other persons acting on their behalf, the Parties undertake, within the territory in which regional or minority languages are used, in accordance with the situation of each language and as far as this is reasonably possible: to ensure that the regional or minority languages are used in the provision of the service; or to allow users of regional or minority languages to submit a request and receive a reply in these languages; or to allow users of regional or minority languages to submit a request in these languages. With a view to putting into effect those provisions of paragraphs 1, 2 and 3 accepted by them, the Parties undertake to take one or more of the following measures: translation or interpretation as may be required; recruitment and, where necessary, training of the officials and other public service employees required; compliance as far as possible with requests from public service employees having a knowledge of a regional or minority language to be appointed in the territory in which that language is used. 4 The Parties undertake to allow the use or adoption of family names in the regional or minority languages, at the request of those concerned. The European Charter for Regional or Minority Languages is based on the premise of non-discrimination, i.e. the majority language group (English) is not discriminated against by the implementation of actions designed to promote and protect the minority language group (Irish or Ulster-Scots). In practical terms, this means that policies designed to promote Irish or Ulster-Scots do not constitute an act of discrimination against those who speak English or other languages. Equally important is the distinction made in the Charter that policies must be based on the specific situation of each language i.e. a Council may have a different approach to the promotion of Irish and Ulster-Scots as the needs and situation of each language is unique. It is because of this distinction that the Council has developed two distinct policies for Irish and Ulster-Scots, reflecting on the unique situation and needs of each. The Good Friday Agreement (1998) The Good Friday Agreement makes specific reference to language and draws heavily on the language of the European Charter. The full text of the relevant sections are provided below: “All participants recognise 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 the various ethnic communities, all of which are part of the cultural wealth of the island of Ireland. In the context of active consideration currently being given to the UK signing the Council of Europe Charter for Regional or Minority Languages, the British Government will in particular in relation to the Irish language, where appropriate and where people so desire it: take resolute action to promote the language; facilitate and encourage the use of the language in speech and writing in public and private life where there is appropriate demand; seek to remove, where possible, restrictions which would discourage or work against the maintenance or development of the language; make provision for liaising with the Irish language community, representing their views to public authorities and investigating complaints; 5 place a statutory duty on the Department of Education to encourage and facilitate Irish medium education in line with current provision for integrated education; explore urgently with the relevant British authorities, and in co- operation with the Irish broadcasting authorities, the scope for achieving more widespread availability of Teilifís na Gaeilge in Northern Ireland; seek more effective ways to encourage and provide financial support for Irish language film and television production in Northern Ireland; and encourage the parties to secure agreement that this commitment will be sustained by a new Assembly in a way which takes account of the desires and sensitivities of the community.