U.S. English Foundation Research
SPAIN
Language Research
1. Legislation: Legislation dealing with the use of languages
The Constitution of Spain
ARAGONESE is protected by the Statute of the Autonomous Region of Aragon.
ASTURIAN is recognized and protected by the Statute of Autonomy of Asturias but is not recognized as an official language.
BASQUE is protected by The Statute of Autonomy of Basque Country (1979), which states that that both Basque and Castilian (Spanish) are official languages. The Law on the Standardization and Use of Euskera (Statute No 10/1982) stipulates numerous provisions on the use of the language in administration, education and the media. An office for linguistic policy was also created to coordinate all efforts to promote the language.
According to the implementation of the Plan of Normalization of the Use of the Basque Language in the Public Administration for the period 1998-2000, the Basque government has recently regulated (March 2000) the functions and competences of its Official Service of Translators. This official body, which was created as a consequence of Article 12 of the Basic Law 10/1982, will be entrusted with the progressive setting out of the standardization and diffusion of a modern judicial and administrative language in Basque. This recent regulation specifies as well the role to be played by the Official Service of Translators as a public service. It also dictates foreign activities, and the need for a judicial equivalence for translations, granted its relevance within the Basque legal framework, in which both Basque and Spanish are co-official languages. The regulation also establishes criteria for a terminological equivalence in translations from and into Basque, to enable public employees to carry out bilingual work, the document attempts to balance the function of both languages in the administrative field.
The Statute of the Navarre Autonomous Community (Navarra)(1982) states that Castilian is the official language and that Basque also has official status in the Basque-speaking as well as in mixed areas. A 1986 Language Act defines the limits of these zones, allowing Basque to be used for official purposes in the Basque-speaking zones, and for some purposes in other areas.
CATALAN is protected by the Statute of Autonomy of Catalonia (4/1979), which states that Catalan and Castilian are the official languages in Catalonia. The Law 7/1983 on Language Standardization in Catalonia was recently replaced by the Act on Linguistic Policy of 1998 (Act No 1, January 7).
The Statute of Autonomy of the Balearic Islands (2/1983) states that Catalan and Castilian have equal status on the islands. The Linguistic Normalization Act (3/1986) passed by the Balearic Parliament in 1986 aims at making Catalan the normal working language of administration and the normal medium of instruction in schools.
The Statute of Autonomy of the Valencian Community (5/1982) specifies that the official languages of the region are Valencian, the name given by the Statute of Autonomy to the Catalan variety spoken in Valencia, and Castilian. In 1983 the Act on Use and Teaching of Valencian (4/1983) was passed to encourage and spread the use of the language.
GALICIAN is protected by the Galician Autonomy Statute (1982), which specifies that both Galician and Castilian are the official languages. The Galician Linguistic Standardization Act (1983) promotes Galician in all domains of society. The regional government of Galicia also encourages the teaching and use of Galician in other regions where the language is spoken as a vernacular (e.g. Asturias and Castile-León).
ARANESE is the official language of the Val d'Aran, together with Catalan and Spanish.
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Updated (January 2001)
IDENTITY CARDS BILL
On January 8, 1999 the Catalan Parliament proposed a bill (125/000016) incorporating the official languages other than Spanish into passports and national identity cards. In March 2001, the Spanish Congress has approved proposal that will for the first time ever allow the issuing of bilingual identity cards and driving licenses in the autonomous communities. The new regulation will affect the Catalan communities of Catalonia, the Balearic Islands and Valencia, the Basque areas of Navarre, the Basque Country, and the northwestern community of Galicia. In those territories all identity cards will be obligatory bilingual (not optional as was the proposal of the Spanish Popular Party) and they will be available in six months after the present law comes into force.
EUROPEAN CHARTER FOR REGIONAL OR MINORITY LANGUAGES
The European Charter for Regional or Minority Languages is expected to come into force in June 2001. The deadline for the Spanish Government to submit the ratification to the Council of Europe was planned to be the end of February.
The Charter recognizes only those languages, which are already recognized and promoted according to their Statutes. No specific recognition is made towards the promotion of non-official languages except of those having some kind of recognition in the Statutes of Asturias, Catalonia and Aragon.
THE ARAGON LANGUAGE
In Aragon Autonomous Community, a new bill drafted by the Department of Culture and Tourism will come into effect this year.
The law will
Give a co-official status to the Catalan, Spanish and Aragonese languages, which are spoken by a million of the population in that region (approximately 70,000 Catalan speakers and 40,000 Aragonese speakers) Give those languages legal protection Guarantee the right to receive education in one's native language Adjust place names and personal names to the original language - Create an institution to supervise the normalization of both languages
After approval of the new law, the Catalan language will be protected in Spain, Andorra and Italy. It will remain unprotected only in France.
GALICIAN LANGUAGE
Different Galician-speaking councils are moving towards making effective the official recognition of the Galician language. In February, the Council of Veigado Valcarce approved a motion requesting the recognition of Galician as co-official language. This request is based on the legality to recognize Galician in Asturia, Castilla-Leon and Extremadura regions.
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Updated (May 2001)
ASTURIAN
The Council of the Asturian town Nava approved in June a series of municipal ordinances concerning the official status of the Asturian language. The ordinances guarantee the use of the language in the rapports with the local administration, in public bilingual labels, the establishment of annual plans for development and teaching of the language and other provisions. Nava's Council is the first among the Asturian speaking towns to recognize and regulate its citizen's linguistic rights. The ordinances must still wait for their final approval by the Princedom of Asturias.
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Updated (October 2001)
ASTURIAN
The Official Bulletin of the Principality of Asturias (No.242) published on October 18, the Municipal Ordinances on the official status of Asturian in the municipality of Nava. The ordinances aim at providing an official status for Asturian in local administration.
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Updated (March 2002)
BASQUE
The Spanish Constitutional Court is considering the definitive suspension of the new Basque Governmental Decree (117/2001) on the Linguistic Normalization of the Administration of Justice of the Basque Autonomous Community. After its approval and publication in the Basque Official Journal, the Spanish Government submitted the Positive Conflict of Jurisdiction 5973-2001 in relation to articles II, III, IV and V and first, second and third additional dispositions, since according to them the Basque government had regulated on matters within the state's competences. The decree enforcement and application is suspended until the Constitutional Court ratifies or not the decision. This is expected to happen before the end of May.
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Updated (April 2002)
ARAGON
Two public events in favor of the Catalan and Asturian languages have taken place during the last days in Aragon and the municipality of Villaviciosa (Asturias). In the former case, a numerous group of municipal representatives from the Catalan-speaking eastern fringe of the Autonomous Community of Aragon signed an agreement in order to claim the official recognition of the Catalan language in Aragon. The document states that the paralyzation of the Pact on the Languages of Aragon (where Spanish is the only official language) infringes the International Covenant on Civil and Political Rights and Article 3.3 of the Spanish Constitution, as well as it denounces the lack of responsibility on the part of the Spanish government after ratification of the European Charter of Minority Languages.
The other case refers to the Asturian municipality of Villaviciosa, where different political groups are asking for the elaboration of municipal ordinances to give the Asturian language the official status. It should be noted that in the Asturian municipality of Nava a similar ordinances were stopped due to an appeal presented by the Government delegation in Asturias.
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Updated (July 2002)
In December 2000, the regional conservative government of Navarre approved a linguistic decree that brought linguistic controversy to the northern territory of Spain where Basque is widely spoken. The main objective of the new regulation was to guarantee the status of Spanish as the official language, although the autonomic legal system in Spain establishes that those areas with a second language, such as Navarre, the Basque Country, Catalonia or the Balearic Islands must guarantee that all official institutions should be completely bilingual.
These regulations were put into practice in February 2001 in the so-called “Basque zone,” or the northern part of Navarre. The result was a linguistic policy, which, among other things, reduced the number of public jobs that previously required an official degree in Basque. It also eliminated a number of bilingual signs and made them monolingual Spanish and allowed the printing of administrative documents exclusively in Spanish.
To stop this, the mayors of the small northern towns of Lekumberri and Lesaka, along with the city counselor of Pamplona, Idoia Saralegui, and the regional chamber representative, Milagros Rubio, brought the case to court last year, as they considered that it was an unacceptable attack against bilingualism and the Basque language. The case has been dealt with by Navarre's Superior Court (TSJN), the highest judicial institution in the territory, which decided to cancel the application of the new legislation in the Basque zone.
The promoters of the appeal are very satisfied by the TSJN's decision. The legal decision is permanent, as this court is the highest court in the territory and the regional government cannot bring it to another court.
Source: http://www.eurolang.net/, Eurolang, Bilbao, July 5, 2002 by Jaume Clotet
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Updated (November 2002)
ASTURIAN
Spanish Constitution of 1978
Statute of the Autonomy of Asturias of 1981
Article 4 of the Statute of the Autonomy of Asturias stipulates that teaching and use of Asturian has to be promoted, as well as its diffusion in the media.
The Educational System General Regulations Act of 1990
The Organic Law of Universities (LOU) of 2002
In 1998, the Asturian parliament passed the Use and Promotion of Bable/Asturian Act, establishing among other things the following:
1) Asturian is the traditional language of Asturias
2) All citizens have the right to employ Asturian in speech or in writing
3) The use of Asturian (oral or written) on the part of citizens of the Principality of Asturias will have full legal validity
4) The official nomenclature of the Autonomous Community's place names will be in Asturian
In view of the above, it can be said that the Asturian language has a legal status that allows its standardization and social recuperation. In fact, it has enjoyed a “quasi-official” legal regulation since its recognition and it can be used by institutions dependent on the Autonomous Government.
The Act also guarantees teaching of Asturian and its promotion within the educational system.
1) The Principality of Asturias guarantees the voluntary teaching of Asturian at all levels of the educational system.
2) Although it is a voluntary subject, the teaching of Asturian will be a part of the curriculum (i.e. it will be taught within the teaching timetable and will form a part of a student's school record).
3) It is the Principality's responsibility to enact the Curriculum Decrees for the teaching of the Asturian language.
4) The Principality will establish the procedures for authorization of the textbooks.
5) The University of Oviedo, via its departments, will carry out the initial training and qualification of Asturian language teaching staff at the various educational levels.
Source: Mercator Education, Regional Dossiers, The Asturian Language in education in Spain,
http://www1.fa.knaw.nl/mercator/regionale_dossiers/regional_dossier_asturian_in_spain.htm
GALICIAN
After five centuries of repression of the Galician community, in 1978, the Magna Carta stipulated that the Spanish Kingdom is a multilingual nation. It established Spanish as the official language of Spain, but allowed the Autonomous Communities to make other local languages co-official.
The 1981 Galician Statute of Autonomy declared both Galician and Spanish as the official languages.
In 1983, the Galician Parliament approved the Linguistic Normalization Law (Lei de Normalización Lingüística) to make joint official status real and effective. This law was created to ratify and monitor the citizen's right to use Galician, especially in administration, education and the media. Even though the law has been in effect for twenty years, the use of Galician is not satisfactory at present.
Although Galician is co-official in Galicia, between 80,000 and 100,000 speakers of this language in the other Autonomous Communities of Asturias, Castilla-León and Extremadura have no linguistic rights, having Spanish as the only official language. As a consequence of this pressure on cultural and political sectors, the Consello da Xunta de Galicia and the Consejeria Educatión da Junta de Castilla y León, signed an agreement in May 2001 to promote Galician education (as an optional subject in primary schools) in Bierzo Occidental (provinces of León and Zamora).
EDUCATIONAL LEGISLATION
In 1981, the Galician language and literature became compulsory subjects at all educational levels (except in higher education). The Linguistic Normalization Law of 1983 also addressed the area of education, although the law only established compulsory use of the Galician language in pre and primary schools. The Law of Linguistic Normalization was later expanded by a Decree entitled the Incorporation of the Galician language in Education.
Currently Galician is the official language of all educational institutions. All children have the right to receive instructions in their mother tongue (Galician or Spanish) at pre-school and the first two years of primary school. According to the law, each student at the age of 8 to 16 must have the Galician language as a subject and two to four subjects with Galician as the language of instruction. Concerning the other subjects, nothing is regulated.
PRE-SCHOOLS
Pre-school education is designed to contribute to the physical, intellectual, emotional, social and moral development of pupils. It is divided into two cycles: from 0 to 2 and from 3 to 5 years of age.
The Linguistic Normalization Law has established the following parameters for pre-schools and the first cycle of primary schools: “Teachers will use the language that prevails among the pupils in a class. They will take into account the environmental language and will teach the other official language of Galicia orally and in writing, within the appropriate limits of the term or course.” (Decree 247/95)
Source: Mercator Education, Regional Dossiers, The Galician Language in education in Spain,
http://www1.fa.knaw.nl/mercator/regionale_dossiers/regional_dossier_galician_in_spain.htm
BASQUE
Under the 1978 Constitution, establishing Spanish as the official language of the state, but permitting the Autonomous Communities or regions to make other local languages co-official, Basque has gained this status in the Basque Autonomous Community (BAC). The regions in BAC have subsequently passed language laws to spell out the effects of co-officiality of Basque. They contain major stipulations on the availability of the Basque language as both a subject and a medium in the educational system.
The area where Basque has traditionally been spoken is called Euskal Herria, the Basque Country. This name currently applies to the area comprising seven historical provinces: four in Spain (Araba/Álava, Bizkaia/Vizcaya (in English, Biscay), Gipuzkoa/Guipúzcoa and Nafarroa/Navarra (in English, Navarre) and three in France (Lapurdi/Labourd, Nafarroa Beherea/Basse Navarre and Zuberoa/Soule).
Source: Mercator Education, Regional Dossiers, The Basque Language in education in Spain,
http://www1.fa.knaw.nl/mercator/regionale_dossiers/regional_dossier_basque_in_spain.htm
CATALAN
The obligation to understand the language as stated in the 1978 Constitution refers only to Spanish. Thus only the Statute of Autonomy, which had been drawn up in 1979, proclaimed Catalan as Catalonia's language, co-official with Castilian or Spanish.
Article 3
Catalonia's language is Catalan. The Catalan language is the official language in Catalonia, as well as Spanish, which is official in the whole Spain. - The Generalitat of Catalonia (the Autonomous Government) is to guarantee the normal, official use of both languages, to adopt suitable measures to ensure their knowledge and to create conditions to ensure full equality as far as rights and obligations of the citizens of Catalonia are concerned.
The first paragraph of the article constitutes an important difference between Catalonia and the other autonomous communities with regional languages, because it provides the Catalan language with a specific legal status related to its recognition as the language of the country.
The creation of the Catalan Teaching Service in 1978, and the General Directorate of Linguistic Policy in 1980 were the first steps in the process of linguistic normalization of the Catalan language.
The Law of Linguistic Normalization of Catalonia (1983), a landmark in the history of Catalan language policy, set out norms and grants to facilitate and implant the Catalan language in public administration, teaching, media and cultural life in general to guarantee its social promotion.
As a result of these actions, comprehension and use of the Catalan language have increased considerably (see table below).
| |
Understanding |
Speaking |
Writing |
Reading |
| 1986 Census |
90.6 |
64.0 |
31.5 |
- |
| 1991 Census |
93.7 |
68.3 |
39.9 |
67.6 |
| 1996 Census |
94.9 |
75.3 |
45.8 |
72.4 |
| 1998 Census |
97.3 |
79.0 |
- |
- |
Sources: Institut d'Estadística de Catalunya (IEC), Centro de Investigaciones Sociológicas (CIS)
EDUCATIONAL LEGISLATION
Catalan had been banned in the school system during the Franco period and it was not until 1970/71 when it started to be taught at schools. In 1978, a Royal Decree introduced the Catalan language into pre-school study plans and primary and secondary schools.
Concerning education, the 1983 Law of Linguistic Normalization stated the following:
Catalan, as Catalonia's own language, is also the language of education at all levels Nursery school children have the right to receive education in their native language, whether Catalan or Spanish. The administration must guarantee this right Catalan and Spanish are to be obligatory subjects at non-university levels To keep up with the demands of their work, teachers must have command of both official languages - The language of educational administration shall be Catalan. The second principle only affects children of Spanish-speaking homes, and the parents or tutors are the ones who demand this right, as all children go to the same schools.
After passing the Law, the Generalitat introduced the Linguistic Immersion Program to guarantee competence in both languages also for the Spanish-speaking children. This pedagogical program, devised by the school authorities, applies to the schools with over 75 percent of non-Catalan speaking children. In 1994, over 130,000 children participated in this program, particularly in schools located in predominantly Spanish-speaking areas (mainly the Barcelona conurbation).
Before 1992, the legislation established to enact the Law of Linguistic Normalization, which allowed the schools to use Catalan as a medium of instruction progressively. That has caused the development of different types of schools, according to the number of subjects taught in Catalan.
In the academic year 1992/1993 a new educational system for non-university levels was applied in Catalonia. This reform represented a far-reaching change in education in terms of a language. Legally it was supported by a Decree (75/1992), on the general organization of teaching for nursery school children (from 0 to 5 years old), primary (from 6 to 12) and obligatory secondary education (from 13 to 16 years old) in Catalonia. Article 3 of this Decree stipulates that the Catalan language is to be used as a vernacular language in compulsory education.
The Decree established Catalan as the language of instruction and thus changed the character of its gradual introduction to the schools. The regulations in the Decree were also made official by the Catalan Law of Language Policy (1/98).
Source: Mercator Education, Regional Dossiers, The Catalan Language in education in Spain,
http://www1.fa.knaw.nl/mercator/regionale_dossiers/regional_dossier_catalan_in_spain.htm
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Updated (January 2003)
An inventory of all acts, royal decrees and lower-rank regulations, which impose or prioritize Spanish to the detriment of Catalan, Basque or Galician has been elaborated by the ERC (Esquerra Republicana de Catalunya) MP. The list was published on December 17, 2002 on the website of the civil group “Contrastant” (www.contrastant.net). It includes 140 State positive norms, which demonstrate that the equality principle recognized in the Spanish Constitution is, in fact, asymmetrical.
Spanish is privileged in many aspects of everyday life, as in the areas of commercialization of consumer goods, labeling, law procedures, administrative documents, postal service, telecommunications, artistic creation (especially cinema and dubbing), in the army, in courts, etc.
Source: Mercator News, December 2002; http://www.ciemen.org/mercator/index-gb.htm
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Updated (February 2003)
A NEW CATALAN UNIVERSITY LAW INCLUDES LANGUAGE ASPECTS
On February 12, 2003 the Catalan Parliament approved its first Catalan University Law (LUC), which will regulate the university system in Catalonia. Although it is mainly devoted to a new teaching staff hiring scheme and a general financing plan for the next eight years, it also includes an article on the use of language (Art. 6).
This article establishes that “Catalan is the base language of Catalan universities, and therefore the language of normal use in their activities,” although it also stipulates that “both Catalan and Spanish have official status and their use in university activities is to be regulated according to the Law on Language Policy, in force since January 1998.”
Pursuant to this law, teachers and students have the right to express themselves in either of the official languages. The Catalan Government and universities have to promote knowledge, use and learning of the Catalan language in all areas of university activities. Moreover, teachers must prove to have a sufficient command of both languages and this is to be taken into account in the process of their selection.
As for the reception of this law, some organizations (trade and student unions) argued that it insufficiently regulates the use of Catalan and that the language criteria for the teachers' selection should be much clearer.
Source: Mercator News, February 2003, http://www.ciemen.org/mercator/index-gb.htm
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Updated (July 2003)
ARAGONESE LANGUAGE LAW AGAIN IN THE POLITICAL AGENDA
Four years ago, in his investiture speech, the President of the Autonomous Community of Aragon, Marcelino Iglesias mentioned the need to provide this community with a language law in order to promote the official use of the Aragonese and Catalan languages in their respective areas.
During the last term in the office, the Aragonese Government (a coalition between PSOE (the Spanish Socialist Party) and Partido Aragonés Regionalista (PAR)) submitted a bill, but the parliamentary process for its final adoption did not even start due to the lack of consensus among the political parties that made up the Aragonese parliament.
This time; however, when the government pact between the same two parties (PSOE and PAR) has been renewed and when most parties with representation in the Aragonese parliament are in favor of the bill, it seems that the adoption process may speed up.
Currently both languages (Aragonese and Catalan) are enshrined in the Constitution of the Aragón Autonomous Community, but they are only safeguarded and do not enjoy an official status. They can be taught just as optional courses in schools what causes that the whole community has only four teachers of Aragonese and thirty of Catalan.
The implementation of the commitments made through the ratification of the European Charter for Regional or Minority Languages by the Government of Spain also needs special consideration. This document clearly differentiates between the languages with the official status (Catalan, Basque and Galician), as recognized by their respective Statutes of Autonomy, and those, which, although without an official status, are protected or safeguarded by the Statutes of Autonomy of Aragon, Asturies and Catalonia (Aragonese, Asturian and Aranese).
Source: Mercator News, July 2003, http://www.ciemen.org/mercator/index-gb.htm (www.mallorcaweb.net/catalarago) and Eurolang News, Brussels, July 15, 2003, by Marcello Mereu, http://217.136.252.147/webpub/eurolang/pajenn.asp?ID=4326
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Updated (August 2003)
BALEARIC ISLANDS: A NEW DECREE TO REDUCE CATALAN LANGUAGE REQUIREMENTS FOR ADMINISTRATION STAFF
After four years being in the opposition the PP (Partido Popular) finally has gained the presidency of the Autonomous Community of the Balearic Islands. One of the first measures taken by PP's government is a proposal of a decree under which only a basic command of the Catalan language (A and B levels) will be required in order to work in several areas of the public administration.
The new decree, which is to be passed in September, will repeal the provisions of another decree passed by the previous government establishing the need to have a C level in Catalan (certificate of middle oral and written command). Moreover, officials over 50 years will not be a subject of any requirements on the command of the Catalan language.
Although the governmental proposal includes the promotion of courses where officials acquire such a minimum command of Catalan, according to the general secretary of PP in the Balearic Islands, one of the aims of the new decree is that nobody fails to work in the administration due to the level of knowledge of the Catalan language.
Source: Mercator News, July 2003, http://www.ciemen.org/mercator/index-gb.htm
BASQUE PRESIDENT LAUNCHES A PLAN FOR GREATER AUTONOMY
In September 2003, the President of the Basque Government, Juan José Ibarretxe, will officially present a plan to the Basque Parliament. This plan, also known as “Plan Ibarretxe,” is aimed at greater political autonomy and is legally based upon the right of self-determination and the historic rights of the Basque nation.
The President's proposal includes a series of guarantees to make sure that the Basque language will survive in the future. The text establishes that both Spanish and Basque will have a co-official status and makes it clear that all citizens will have the right to use them. This would modify the present situation where, according to Article 3 of the Spanish Constitution, all Basques may speak Basque but, as Spanish citizens, they are obliged to have knowledge of Spanish.
The provisional text of the plan has 36 pages, 7 chapters and 69 articles and it proposes a completely new legal status, which creates a Free Associated Community of Euskadi, and foresees an automatic repeal of the existing legal text on autonomy, the Estatuto de Gernika.
This provisional plan, if put into practice, would transform Euskadi into a free political entity that would be able to determine its level of adhesion to Spain and thus in future it would be able to decide whether or not to become a fully independent state. Under the plan most of the political and legal competencies would be in Basque hands, when the only tie between Spain and Basque government would be the Spanish Crown, the army and foreign policy.
Ibarretxe argues that his plan can be put into practice without any modification of the Spanish Constitution because the first additional provision in the 1978 Constitution supports and protects Basque historic rights and allows them to be modernized if necessary.
To proceed with the plan, the Basque President will have to convince the Basque Parliament to vote for it in September. This first step itself may be difficult to achieve; however, if he manages to win this vote, the next hurdle is even greater. This project then would have to be approved by the Spanish congress and senate, a possibility that only Ibarretxe seems to believe in. Finally, the legal reform would be passed in a referendum in the Basque Country. According to the polls the majority of Basques would support the plan.
Source: Eurolang News, Bilbao, July 28, 2003, by Jaume Clotet, http://217.136.252.147/webpub/eurolang/pajenn.asp?ID=4341
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Updated (December 2003)
SPAINISH MINISTRY OF EDUCATION CHALLENGES THE UNITY OF THE CATALAN LANGUAGE
The Spanish Ministry of Education and Culture has announced that Valencian will be recognized as an independent language from Catalan and will be taught separately in the Official Language Colleges (adult education language centers). The proposal that has already been drafted will have the rank of a royal decree and aims to make Valencian language certificates official and separate from Catalan. Thus, if the decree is passed, Valencian will have the same status as Catalan, Galician or Euskara.
On November 27, 2003 the draft text was approved by all educational representatives from the Spanish state, except for Catalonia. However, before being promulgated by the Spanish state, the draft royal decree will have to pass a report from the State School Council (Consell Escolar de l'Estat) and this may take a month, according to Valencian government sources. This royal decree will further develop the so-called Education Quality Act (known as LOCE).
While the text is still subject to revision, the Spanish Education Minister, Pilar del Castillo (Popular Party) neither provided its official version nor she gave any details regarding its implementation agenda, although it will most likely be adopted within the next months.
A great amount of protests have also arisen from various Valencian, Balearic and Catalan philological authorities. The Catalan Language Academy (IEC) considers the Decree is based on political criteria rather than scientific, cultural or historical ones. Likewise, the head of the Philology Department of the University of the Balearic Islands described the Decree as an “aberration.”
According to David Serra who is in charge of the Directorate General for Linguistic Policy of Generalitat Valenciana, they made this request a long time ago only following the provisions set out in the Valencian Autonomy statute. He added that the Valencian government calls for recognition of the language of Valencian people.
In País Valencià there was an immediate hostile reaction. The IIFV, which represents all the Catalan departments in the Valencian universities, has called for an institutional agreement to resolve the issue of different names for the same language in order to ensure a shared and common future for the language.
In the Balearic Islands, the main cultural and linguistic organization, Obra Cultural Balear (OCB) condemned the attack on the unity of the Catalan language. OCB concludes that the differentiation between Valencian and Catalan has no scientific basis.
In Brussels, there has also been reaction from Members of the European Parliament. Miquel Mayol strongly criticized the decision of the Valencian government. The unity of the Catalan language has been upheld by all scientific and academic authorities. This secession is not linguistic but political.
Source: Mercator News, December 2003, http://www.ciemen.org/mercator/index-gb.htm and Eurolang News, Brussels, December 8, 2003, by Alexia Bos Solé, http://217.136.252.147/webpub/eurolang/pajenn.asp?ID=4532
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Updated (March 2004)
OVER 15,000 IMMIGRANTS ENROLLED ON CATALAN COURSES THIS YEAR
Every year around 40,000 people from outside of Catalonia settle in Barcelona. Up until now the existing number of Catalan courses was adequate; however, at present the amount of pupils enrolled on these language courses has increased to 15,887.
The courses are offered by the organization Consorci per a la Normalització Linguística (CPNL) in Barcelona, which is a public body with its own legal status, formed by the Generalitat de Catalunya, by the town councils and the local entities.
Over the last five years demand for the courses has grown by 27 percent. Courses take place in eight offices of Barcelona and count on the collaboration of some organizations supporting immigrants. In one year the number of courses has increased from 520 to 655.
Mrs. Bové, a coordinator of this project explained that the courses offer some basic resources which make the integration of immigrants easier. Although the CPNL aims to provide students with a complete language-learning course, it also encourages them to continue with the intermediate and upper-level education that leads to “their full linguistic integration”.
In order to improve the current situation and to adjust the offer to the increasing demand, Consorci per a la Normalització Linguística has to take several measures (to increase the financial resources, to open new premises and to offer refresher courses to almost 200 teachers).
Most of the pupils studying in the Consorci come from South America; however, even some Spaniards from different regions of Spain take advantage of these free language courses.
Source: Eurolang News, Barcelona, March 11, 2004, by Alexia Bos Solé, http://www.eurolang.net/news.asp?id=4461
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Updated (June 2004)
OFFICIAL LANGUAGES OTHER THAN SPANISH WILL BE USED IN THE SPANISH SENATE AND IN OTHER INSTITUTIONS
Currently, the political climate in Spain is more agreeable as for linguistic rights in the area of public administration. As sketched out a few weeks ago by the President of the Senate, the introduction of multilingualism in the upper chamber is a matter of political will. By the adoption of Motion No. 9 on May 25, this will has become reality. It states that the Standing Orders of the Senate will be reformed before the end of the year in order to enable the use of the languages, which have official status in any Autonomous Community (Galician, Basque and Catalan) in its sittings.
Moreover, the Senate urges the Spanish Government to promote multilingualism in the State General Administration and in the European Union. In particular it refers to the use of the co-official languages in the State General Administration's institutional image, in its printed materials as well as on its websites. It also calls for the right of any person to apply and to get his/her passport in the two co-official languages of the Autonomous Community he/she lives in, in accordance with European rules.
If Basque, Galician and Catalan are included in Article IV-10 of the future European Constitution, the citizens who speak these languages will be granted the right to address the European institutions and to receive replies in their mother tongues. The Senate urges the government to request the European Union for an adequate recognition for the rest of the languages, which have a co-official status in one or more Autonomous Communities and it supports the efforts of the government to recognize this right1.
Source: Mercator News, June 2004, http://www.ciemen.org/mercator/index-gb.htm
1 Further to this call, another motion (No. 8) was also adopted, urging the government to defend the recognition of the State's official languages, along with Spanish, in the European and international institutions.
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Updated (July 2004)
A PROPOSAL TO OFFICIALLY RECOGNIZE THE ASTURIAN LANGUAGE PRESENTED TO THE ASTURIAN PARLIAMENT
In June 2004, the Asturian organization “Ensame pa la Oficialidá” presented a formal proposal where it asked for official status for the Asturian language in the Asturian Parliament (Junta General of Asturias), with the further aim to include it to the new Statute of Autonomy of Asturies.
More concretely, this organization requested to incorporate the following sections recognizing Asturian officially on the territory of Asturia:
In accordance with the draft section, the Asturian Government and the Junta General will guarantee the official use of both Spanish and Asturian. Moreover, the proposal also sets that nobody can be discriminated on the ground of language.
Currently, the use of Asturian is regulated only by the Law 1/1998 on the Use and Promotion of the Asturian Language, which entitles Asturian citizens to use Bable/Asturian and express themselves in it, orally and in writing.
The possibility to have a new political statute, which would recognize Asturian and its identity, can put an end to dissatisfaction with the status of this language.
Source: Mercator News, June 2004, http://www.ciemen.org/mercator/index-gb.htm
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Updated (August 2004)
SPANISH MINISTERS CONTINUE TO SUPPORT EU OFFICIAL STATUS FOR CATALAN, BASQUE AND GALICIAN
On July 26, 2004, the Spanish Secretary of State on European Affairs, Alberto Navarro, announced that he would ask for the official recognition for the Catalan, Galician and Basque languages at European level. The Spanish government is encouraged by Ireland, whose formal request could be made in September or October1. Later, under the same terms, the request from Spain will be presented.
According to Mr. Navarro, language is a basic human right since it is the first expression of an individual; however, he also pointed out possible difficulties because some states are opposed to the initiative.
Source: Eurolang News, by Alexia Bos Solé, Barcelona, July 28, 2004, www.eurolang.net
BASQUE GOVERNMENT PRESENTS THE THIRD NORMALIZATION LANGUAGE PLAN
The Basque Councilor for Culture, Miren Azkarate, presented the third Normalization Language Plan, aimed at intensifying the Basque language in the administrative area of the Basque Country.
Currently, the Basque language is a working language in 19 out of 549 administrative sections of the Basque Government. In accordance with this plan2, 31 administrative sections will be bilingual by 2007 and Basque will be a working language in a total of 50 sections.
Regarding the legal context, the Plan is based on the Basic Act 10/1982 on the Normalization of the Basque language and also on the 86/1997 Decree, which was passed in application of this Law and regulates the normalization process of the use of Basque within public administration of the Basque Country.
The Decree stipulates that "in order to implement the language normalization process within the Basque civil service, each administration is required to accept and apply a normalization plan for the use of Basque by implementing the corresponding measures".
The Plan has the following objectives:
to make of the Basque language the main spoken and written language in administration (in dealings with the public) to turn the Basque language into the communication language with other administrations - to promote the use of Basque amongst civil servants
Source: Mercator News, August 2004, http://www.ciemen.org/mercator/index-gb.htm
1 The move follows the Irish Government's announcement that it is to start discussions with the European Commission and with other Member States with a view to reach full recognition for Irish in the EU, as both an official and working language.
2 which is expected to come into force in September 2004
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Updated (October 2004)
THE FIRST GALICIAN LANGUAGE PLAN CAME TWENTY YEARS LATER
Although the 1983 Law on the Galician Language required the establishment of a plan to develop and promote Galician, little progress has been achieved in this matter until now. Only recently, twenty years later, the Parliament has unanimously approved a plan containing aims and means to increase the use of Galician in the country. However, language activists are critical . . .
Even though the Plan of Linguistic Normalization, drawn up by the Xunta (the regional government), includes some new features, it changes the present language policy only little. Thus some consider this change, which does not seek to enforce the Galician speakers' rights, to be unsatisfactory.
Here are some excerpts from the plan:
At schools, half of the classes for students from four to sixteen years old will be taught in Galician (and not only 25 percent as at present). However, even this figure is unreliable, as many schools do not comply with the rules and the government turns a blind eye to it.
The regional Minister of Culture, Celso Currás, implicitly admitted this situation when he announced in the Parliament the necessity for more specialized inspectors.
Knowledge of Galician will be compulsory to become a teacher; however, there are no such requirements in the plan for public workers in justice or health services. Concerning the media, the plan intends to create a new sports journal in Galician and to dub at least ten films a year. Another aim is to use Galician in 30 percent of journals by 2015. - One major change is the mention of a specific policy to protect the Galician-speaking diaspora. Galician is spoken in the neighboring Regions of Asturias and Castilla León (Spain), in the small Region of Extremadura (Spain), and it is also used by thousands of Galician emigrants all over the world, mainly in South America.
A plan to guide and improve recovery of Galician has been demanded by Galician language NGOs for many years. However, at present they feel disappointed because the plan contains many aims but little cast iron measures. The organizations denounce that the plan rules out to intervene against corporations or institutions infringing the law.
The Galician language NGO "A Mesa pola Normalización Lingüística" says that the Xunta tries to give an impression of a normal situation when in reality, there is a significant and constant loss of Galician speakers, what can be especially dangerous for the younger generation.
Source: Eurolang News, Cangas, September 28, 2004, by Alexandre Giráldez, http://www.eurolang.net/news.asp?id=4760
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Updated (February 2005)
BASQUE BID FOR GREATER AUTONOMY DEFEATED IN THE SPANISH PARLIAMENT
- The Proposal for the Reform of the Political Statute of the Basque Autonomous Community, as the "Ibarretxe's Plan1" is officially known, was first presented to the Basque Parliament in 2003. The proposal is based on the idea of a new type of relationship with the Spanish State called "free association" and it aims for greater Basque autonomy. The Plan proposes that if ETA violence halts, a referendum on the Plan will be held in the Basque Region regardless of whether the Spanish government accepts it or not.
The Plan also states that the Basque people have the right to decide their own future, in accordance with the internationally recognized right of all peoples to self-determination, proclaimed by the Basque Parliament. In addition, it calls for autonomous judiciary, which together with the legislative power and the executive would complete the self-government of the Basque Country.
Regarding languages, Article 8 of the plan aims at balanced bilingualism between Basque and Spanish. It states that the Basque language as the language of the Basques shall, together with Spanish, have the official status in the Basque Country and all its inhabitants shall have the right to speak and use both languages. Basque institutions shall guarantee the use of both languages, governing their official nature, and shall furnish and regulate the measures and means necessary to ensure that these languages are spoken. No one shall be discriminated against on the grounds of language.
Referring to the Basque-speaking areas of Nafarroa (Navarre) and Iparralde (the northern Basque Country) it states that as the Basque language constitutes the patrimony of other Basque territories and communities, the Community of the Basque Country may draw up agreements and accords to allow cultural relations to be established with the aforementioned territories and communities, in order to safeguard and foster the Basque language.
On December 30, 2004 the Basque Parliament passed the "Ibarretxe's Plan".
On January 19, 2005 the Spanish Lower House (Congreso) decided to discuss the Plan, when support for the discussion came from the Spanish Left Party (Izquierda Unida), the ruling Socialist Party (PSOE) and the Catalan Nationalist Party (Convergència i Unió). However, MPs of the Popular Party (PP) voted against any parliamentary discussion.
- On February 1, 2005 Juan José Ibarretxe himself defended his proposal to reform the political statute of the Basque Autonomous Community in the Spanish Lower House (Congreso).
At the beginning of his speech Mr. Ibarretxe focused on language matters and explained part of the proposal both in Euskera and Spanish. He said that the future of Euskadi must be decided by the Basques themselves, calling for a dialogue and urging Spanish politicians not to waste this historic opportunity to solve the problem of co-existence.
However, the Congress ruled out any chance of accepting changes in the degree of Basque autonomy. The "Ibarretxe's Plan" was supported only by 29 votes (from various nationalist parties), while 313 (the Spanish Socialist Party (PSOE) together with the Popular Party (PP)) voted against it.
- Mr. Ibarretxe announced that in April 2005, elections in Euskadi (the Basque Autonomous Community) will be held. It is seen as the Basque government's response to the rejection of the plan. Basque citizens will be able to vote on the issue and if they vote again for the Basque National Party (PNV), it will mean a moral and political strengthening of both Mr. Ibarretxe's position and his Plan.
Source: Eurolang News, Brussels and Barcelona, January 30 and February 2, 2005, by Alexia Bos Solé and Davyth Hicks, http://www.eurolang.net/news.asp?id=4906 / http://www.eurolang.net/news.asp?id=4901
1 Juan José Ibarretxe is the Basque Prime Minister (Lehendakari).
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Updated (March 2005)
AN AGREEMENT ON THE UNITY OF THE CATALAN LANGUAGE
An official language institution in País Valencià (Valencian Country), the Valencian Language Academy (Acadèmia Valenciana de la Llengua, AVL), may have solved the Catalan/Valencian language unity issue.
On February 9, 2005 the AVL issued the "Statement on the principles and criteria for the defense of the denomination and the entity of the Valencian language" which brings to an end language division and confrontation, encouraged by the Valencian PP government and which actually infringes Article 7.1.b of the European Charter for Regional Minority Languages, as denounced by the Observatory of the Catalan Language.
Catalan spoken in País Valencià, indirectly named as "Valencian" in Article 7 of the Statute of the Valencian Autonomous Community, was presented to have different modality in comparison with the Catalan language spoken elsewhere. This fact has been accepted and encouraged by certain political sectors without any scientific basis. Recently, during the debates about the languages of the EU Constitution, Spain even intended to make Basque, Galician, Catalan and also Valencian EU official languages. The Spanish Minister of Foreign Affairs, Miguel Ángel Moratinos, stated that the reason for the differentiation of Catalan/Valencian was strictly legal.
After the talks between the presidents of the Valencian and Catalan Autonomous Communities, an agreement has been reached. It establishes that these two different linguistic modalities (Catalan and Valencian) in fact constitute one language. The agreement stipulates that there are two legal denominations for the same language: Catalan and Valencian. Moreover, it specifies that the term "Valencian" can refer either to the language itself or to the specific idiomatic modality. Finally, it also makes clear that the historic language of Valencian people is, from the philological point of view, the same as that of Catalonia and Balearic Islands.
Source: Mercator News, February 2005, http://www.ciemen.org/mercator/index-gb.htm
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Updated (June 2005)
DEBATE ON THE PARLIAMENTARY PAPER ENDED WITHOUT AGREEMENT
The parliamentary paper about linguistic policy in the regional community of Navarre (Nafarroa), proposed by the left wing independent pacifist political party "Aralar", has ended without an agreement, even though it has been studied for seven months.
The text approved by the Socialist Party has not been supported by the rest of opposition parties (the Green Party IUN-EBN, the right wing nationalist party EAJ-PNV and the moderate left wing nationalist party EA). The only party that gave a favorable vote was CDN (a right wing division of the Popular Party), since the ruling Popular Party (UPN) did not support the paper either.
One of the main proposals of social organizations and the majority of the opposition parties (IUN-EBN, EAJ-PNV, EA and Aralar) was to eliminate the division of Navarre into three different linguistic areas, so that the Basque language could be official in the whole Navarre (Nafarroa). This would allow the extension of Basque public education to the non-Basque-speaking area.
The 18/1986 Regional Basque Law of December 15 regulates the status of the Basque language in the Regional Community of Navarre. According to this legislation, Navarre was divided into three linguistic areas, the Basque-speaking area, the mixed area and the non-Basque-speaking area. Basque is only considered official in the first area and hence not all Navarrese citizens have the same rights.
Since the beginning of 1999, the Government of Navarre, headed by the right wing Popular Party, have cut the rights granted to Basque speakers by means of several decrees, decisions, orders and administrative agreements. One of these, the 372/2000 Regional Decree of December 11, which regulates the use of Basque in the public administration of Navarre, restricts administrative use of Basque and in practice turns the area defined as mixed by the 1986 Law into a non-Basque-speaking area. According to recent figures given by the Government of Navarre, 30 percent of pupils follow their education in Basque with Spanish taught as a subject.
At international level the European Bureau for Lesser Used Languages (EBLUL), based on the 1982 initiative of the European Parliament, has denounced several times the worrying situation of the Basque language in Navarre and regressive policy the Government of Navarre has been following in the last years.
Source: Mercator News, May 2005, http://www.ciemen.org/mercator/index-gb.htm
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Updated (October 2005)
CATALONIA MOVES TOWARDS GREATER AUTONOMY
At the end of September the Catalan Parliament celebrated after its approval of a new autonomy statute which will re-write Catalonia's relationship with Spain. After the weeks of tough negotiations the new statute won the support of 120 Catalan deputies from most political parties. Only fifteen deputies, all from the Popular Party, voted against it. On October 5, 2005 the statute was delivered to the Spanish Congreso where it will have to win votes to become a law. It is likely though that the Madrid government rejects its most significant clauses.
The proposal of the new statute includes an assertion of Catalonia's "historic rights" and defines Catalonia as a "nation" in the Preamble.
Article 6 states that the Catalan language is Catalonia's own original language and that it is the language of normal and preferential use among all public administrations and mass media of Catalonia.
One of the important changes in comparison with the Statute passed in 1979 is that the new Statute establishes that all persons in Catalonia have the right to use and the right and obligation to know the two official languages of Catalonia (Catalan and Spanish).
In addition, the new statute makes a further step towards the official recognition of Occitan spoken in Val d'Aran (Aranese) stating in Article 6(5) that it is the own original and official language in this territory (Aran) and it is also official in Catalonia, in accordance with the provisions of this Statute and the linguistic normalization laws.
As it stands, the new statute does extend some powers of the Catalan Government; however, not as many as expected by some sectors of the Catalan civil-society.
Source: Eurolang News, Barcelona, October 6, 2005, by Alexia Bos Solé and Davyth Hicks, http://www.eurolang.net/index.php?option=com_content&task=view&id=2471&Itemid=1&lang=en
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Updated (December 2005)
SPANISH PARLIAMENT SUPPORTS CATALAN STATUTE FOR GREATER AUTONOMY
On November 3, 2005 the Catalan statute for greater autonomy was approved by the Spanish Parliament. The statute, already backed by the Catalan parliament, was passed in its first reading in Madrid by 197 votes to 146. The opposition party (PP) voted against the statute, arguing that it will lead to the "balkanization of Spain".
Currently it is expected that the statute will be amended to comply with the Spanish Constitution. After being returned to Catalonia, a referendum should be held about it.
The Catalan Generalitat was very satisfied with the debate in the Spanish Congress of Deputies, where it was agreed to consider the new Catalan regional statute through the normal legal process for a bill rather than through the special process for a constitutional amendment.
Meanwhile, Basque leaders who also seek more self-rule for Euskadi (the Basque Autonomous Community) asked why their blueprint for more say over their own affairs was voted down in parliament earlier this year.
Bernat Joan (MP for ERC, Iles Baleares) sees three chief linguistic implications of greater autonomy:
it strengthens the official status of the Catalan language, making it compulsory for all citizens of Catalonia to speak Catalan, it states that education has to be carried out fully in Catalan and strengthens measures for the promotion of - the Aranese language (the Occitan dialect spoken in Val d'Aran) will be upgraded to have a full official status, thus recognizing linguistic rights of Aranese speakers in terms of education and administration.
Source: Eurolang News, Brussels, November 4, 2005, by Davyth Hicks, http://www.eurolang.net/
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Updated (January 2006)
CONTROVERSY OVER INCORPORATION OF BORDERING GALICIAN SPEAKING AREAS INTO GALICIA
The Spanish regions of Asturias and Castile, where Galician is the traditional language spoken, are to be incorporated into Galicia. This new proposition has created a political controversy between politicians from these regions and the Galician nationalists, Bloque Nacionalista Galego (BNG), who govern Galicia in a coalition with socialists.
At the beginning of December 2005, nationalists (BNG) presented their proposal for a new Autonomous Charter, which have to be discussed with the other Galician political parties. They suggested that the bordering councils with similar historical, cultural, economical and geographical characteristics should be incorporated into Galicia.
But the media and politicians from Asturias and Castile reacted negatively to this proposition. Even more reactionary was the ex-president of the Galician government (A Xunta), Manuel Frage, the former minister under Franco's dictatorship and the present leader of the Galician Popular Party. His party has brought the controversy to Madrid where the political atmosphere is already tense because of the debate about the state's territorial structure and the new Autonomous Charter for Catalonia.
Galician is an ordinary language for about 40,000 people in the bordering regions of the present Galician Autonomous Community. According to linguistic research, 60 % of inhabitants in the Asturian Eo-Navia region, 25% of people in O Bierzo and 90% of inhabitants in As Portelas (both in Castile region) speak the Galician language. To protect the linguistic rights of Galician speakers, the BNG is also demanding that Galician is declared to be co-official language used in the councils of the mentioned territories. Nevertheless, Galician language has been taught as an optional subject in the bordering areas in Castile regions, it cannot be used in administration. Similarly, the Asturian government refuses to recognize the existence of Galician speakers and says that they are speakers of Bable, a dialect spoken in some parts of the province of Asturias.
In 2000 the councils of Veiga de Valcarce, Borrés and Carrucedo1 demanded to be incorporated into Galicia because of an alleged lack of investment. And the Bierzo Regional Council declared Galician as a co-official language in western Bierzo bordering Galicia. However, the proper institution to make the declaration is the Castilian Regional Government.
Although the present Galician Autonomous Charter does not recognize the "Galician character" of bordering areas, the 1983 Galician Language Law talks about the necessity of taking care of Galician speakers outside the borders.
Source: Eurolang News, Santiago de Compostela, December 20, 2005 by Alexandre Giráldez
http://www.eurolang.net/index.php?option=com_content&task=view&id=2552&Itemid=1&lang=en
CITIZENS CAN ADDRESS THE EUROPEAN INSTITUTIONS IN GALICIAN, BASQUE AND CATALAN WITH RESTRICTIONS
The Spanish Minister for Foreign Affairs and Co-operation, Miguel Ángel Moratinos, and the current President of the EU Council, Jack Straw, signed an administrative agreement in Brussels in order to allow the use of languages recognized in Spain in the Council. It came out as a consequence of an intense campaign for the official status of the Catalan language in Europe launched by the civil society and several political parties in Catalonia. Moreover, it is a result of the Council conclusions released in June 2005 in which the twenty-five member states gave permission to Spain to use Galician, Basque and Catalan language when addressing European institutions.
The arrangement allows the use of these languages in the Committee of the Regions, the European Parliament and the Council of Europe. Concerning other European bodies, Moratinos has recently sent a proposal to reach an agreement with the European Parliament. It covers the issues such as the manner in which the letters written by citizens in those languages can be received and sent out or the way in which oral interventions at the plenary sessions can be organized. The arrangement also provides for the translations of the legislative records adopted by Council and the Parliament to the minority languages and establishes the possibility to address the institutions in the co-official languages of Spain. But some representatives of minority groups in Spain see a little problem in it - the translations to and from the languages will be paid by the state and will be external to the European bodies, which means that they will not hold any responsibility whatsoever.
In spite of the use of the so-called regional languages in the European institutions, professors of law, NGO for the promotion of Catalan and political parties have reminded that there has been an advancement but the progress is not satisfactory. They point out that Catalan has not been granted the official status because the Spanish government did not add it in the article IV-448 of the European Constitution. Besides that, the agreements are only administrative arrangements, not the juridical ones, negotiated with the European institutions. So they claim that even though some linguistic rights are provided in relation to the state under which they are impounded but not in relation to the European Union.
Source: http://www.ciemen.org/mercator/index-gb.htm
- All located in Castile region
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Updated (February 2006)
CATALAN NOW REQUISITE FOR NEW UNIVERSITY PROFESSORS
The Government of Catalonia is preparing a decree, which will affect all the professors at Catalan universities, with an exception for visiting staff. The decree expands on Article 6.4 of the Universities Act of Catalonia and establishes the obligation to know the two official languages of Catalonia.
The Inter-university Council, the coordinating body responsible for advising the Catalan government on university issues, has announced its support for the draft of the decree currently awaiting approval from the Legal Council Commision1.
Once the decree is approved, all university professors, both tenured and contracted, will have to be able to speak the Catalan language at a sufficient level, equivalent to Level C on the scale of the Secretary of Linguistic Policy. The required level of Catalan, which will need to be accredited with either a certificate from the Secretary of Linguistic Policy, BUP or LOGSE secondary school diploma, should be achieved in one-year period. Nevertheless, professors will be able to use either of the two official languages both in the spoken and written form.
Source: Mercator News, February 2006, http://www.ciemen.org/mercator/index-gb.htm
THE CATALAN LANGUAGE AND THE PROPOSED REVISION OF THE CATALAN STATUTE OF AUTONOMY OF 2005
After 25 years in force, the Statute of 1979 seems not to be responding to the new needs of the Catalan society and to the expectations of a true self-government, and so a reform has been proposed.
This is a non-official English translation
Excerpts
Preamble
The Catalan nation has been constructed over the course of time by means of the active contributions of many generations, traditions and cultures, all of which have found their homeland in Catalonia. Catalonia has defined a language and a culture, modeled a landscape, welcomed other languages and other cultural manifestations, opened itself to generous interchange, constructed a system of rights and freedoms, made its own laws, and developed a model of supportive coexistence which strives for social justice.
[...]
Catalan self-government is based, therefore, on these values and objectives, which it develops within Catalonia and promotes both in the Spanish and European sphere, and especially on the defense of the plurality of languages and cultures, to which Catalonia contributes Catalan, its own language, common to all its citizens, irrespective of their language of origin or regular use.
[...]
This Statute, therefore, establishes the following:
One - Catalonia is a nation.
Three - Catalonia, affirming its historical rights, has developed and holds a unique position with respect to its language, culture, civil law, and territorial organization.
Article 6. Language
Catalonia's own language is Catalan. As such, Catalan is the language of normal and preferential use in all Catalan public administration bodies and in the public media, and is also the language of normal use for teaching and learning in the education system. Catalan is the official language of Catalonia, together with Castilian, the official language of the Spanish State. Each individual in Catalonia has the right to use and the right and duty to know the official languages. The public authorities of Catalonia shall establish the necessary measures to enable the exercise of these rights and the fulfillment of this duty. The Generalitat and the State shall undertake the necessary measures to obtain official status for Catalan within the European Union and its presence and use in international organizations and in international treaties of cultural or linguistic content. The Generalitat shall promote communication and cooperation with the other communities and territories that share a linguistic heritage with Catalonia. To this end, the Generalitat and the State may, as appropriate, sign agreements, treaties, and other collaboration instruments for the promotion and external dissemination of Catalan. - The Occitan language, known as Aranese in Aran, is Aran's own language and is official in Aran and also in Catalonia, as established by this Statute and by the laws of linguistic normalization.
Article 32. Rights and obligations concerning the knowledge and use of languages
Each individual has the right not to be discriminated against for linguistic reasons. Legal acts executed in either of the two official languages have, in linguistic terms, full validity and effect, with no possibility for claims of ignorance.
Article 33. Linguistic rights before public administration bodies and state institutions
Citizens have the right to linguistic choice. In their relations with institutions, organizations and public administration bodies in Catalonia, each individual has the right to use the official language of his or her choice. This right binds all public institutions, organizations and administration bodies, including the electoral Administration in Catalonia, and, in general, any private bodies depending on them when exercising public functions. When dealing with the Administration of Justice, the Office of the Public Prosecutor, notaries and public registry offices, each individual has the right to use the official language of his or her choice in any judicial, notarial or registration procedures, and to receive all official documentation issued in Catalonia in the language requested, without having to endure defenselessness or undue delay due to the language chosen, and without having to provide any type of translation. To guarantee the right to linguistic choice, judges and magistrates, public prosecutors, notaries, registrars of property and companies, registrars of births, marriages and deaths and those in the service of the Administration of Justice, must demonstrate, in order to serve in Catalonia, in the form established by this Statute and by law, that they have an adequate and sufficient knowledge of the official languages which renders them fit to fulfill the functions of their post or workplace. To guarantee the right to linguistic choice, the Administration of the State in Catalonia must demonstrate that the staff in its service has an adequate and sufficient knowledge of the two official languages that renders it fit to fulfill the functions of their post. - The citizens of Catalonia have the right to communicate in writing in Catalan with the constitutional entities and with the statewide jurisdictional bodies, in accordance with the procedures established by the corresponding legislation. These institutions shall attend to and process written communications in Catalan, and cannot request the person concerned to provide a translation into Castilian.
Article 34. Linguistic rights of consumers and users
Each individual, in his or her capacity as user or consumer of goods, products and services, has the right to be attended orally or in writing in the official language of his or her choice. Bodies, companies and establishments that are open to the public in Catalonia are bound by the obligation of linguistic availability within the terms established by law.
Article 35. Linguistic rights in the field of education
Each individual has the right to receive an education in Catalan, as established in this Statute. Catalan shall be used as the teaching and learning language for university and non-university education. Pupils have the right to receive an education in Catalan at the non-university level. They also have the right and obligation to have a sufficient oral and written knowledge of Catalan and Castilian upon completing compulsory education, whatever their habitual language of use when starting their education. The Catalan and Castilian languages shall be sufficiently represented in the curricula. Pupils have the right not to be separated into centers or different class groups based on their habitual language of use. Those pupils who join the school system in Catalonia at a later age than normal school starting age have the right to receive special linguistic support if their lack of comprehension skills makes it difficult for them to pursue their education normally. - The teaching staff and pupils of universities have the right to express themselves, orally and in writing, in the official language of their choice.
Article 36. Rights concerning Aranese
In Aran, each individual has the right to know and use Aranese and to be attended orally and in writing in Aranese in his or her dealings with the public administration bodies and public and private entities accountable to them. The citizens of Aran have the right to use Aranese in their dealings with the Generalitat. - Other linguistic rights and obligations relating to Aranese shall be determined by law.
Article 50. Promotion and dissemination of Catalan
The public authorities shall protect the Catalan language in all fields and sectors and shall foment its knowledge, use and dissemination. These principles shall also be applied to Aranese. Government, universities and higher education institutions, in their respective areas of influence, shall adopt the relevant measures to guarantee the use of the Catalan language in all teaching, administrative and research activities. Policies for the promotion of the Catalan language shall be spread to the whole of the State, the European Union and the rest of the world. The public authorities shall take steps to ensure that the information contained on labels, packaging and instructions for use of products distributed in Catalonia are printed at least in Catalan. - The Generalitat, the local administration and other public corporations in Catalonia, the institutions and companies answerable to them and the franchisees of their services, shall use Catalan for their internal proceedings and for relations among themselves. They shall also use it in communications and notifications addressed to natural or legal persons resident in Catalonia, without prejudice to citizen rights to receive them in Castilian should they ask for this.
Article 143. Language
The Generalitat has exclusive power over the matter of Catalonia's own language. This power includes, in all cases, determination of the scope, uses and legal effects of Catalonia's having two official languages and Catalonia's own language, and also the linguistic normalization of Catalan. - The Generalitat and the Conselh Generau d'Aran have authority over the linguistic normalization of Occitan, known as Aranese in Aran.
Article 147. Notaries and public registers
- The Generalitat has executive power over notaries, public property, and mercantile registers. This power includes in all cases:
Appointment of notaries and property and mercantile registrars, by means of the calling, administration and resolution of open and restricted competitive examinations and competitions, which shall be regulated, called and implemented leading to formal appointment. Candidates for the post of notary or registrar shall be admitted based on equality of rights, and shall provide proof of knowledge of the Catalan language and law in the form and to the extent established by the Statute and by law. - The Generalitat has executive power over the Civil Register, which, in all cases, includes the appointment of officials in charge, temporary staff and substitutes, the exercise of disciplinary functions in relation to them, and provision of the human and material resources required to carry out their functions. The officials in charge shall provide proof of knowledge of the Catalan language and law in the form and to the extent established by the Statute and by law.
Source: Mercator - Dossier No.19, January 2006, http://www.ciemen.org/mercator/pdf/but64.pdf
The text of the 2005 Proposal for Reform of the New Statute of Autonomy of Catalonia (unofficial translation) from http://www.cataloniatoday.info/pdf/estatut.pdf
- The body is responsible for advising the government and negotiating with the workers' unions.
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Updated (March 2006)
SPANISH CONGRESS CONSTITUTIONAL COMMITTEE PASSES CATALAN STATUTE
On 21 March 2006, the Spanish Congress of Deputies' constitutional committee passed the preamble and the complete text of the new Catalan regional Statute of Autonomy, despite opposition from the conservative centralist party Partido Popular and the independent Esquerra Republica Catalonia. In a press release, the premier of Catalonia, Pasqual Maragall, said that the new Statute has established, for the first time in the history of Spain, that Catalonia is a nation.
The text of the preamble to the Statute includes the definition of Catalonia agreed to by Spanish prime minister Jose Luis Rodriguez Zapatero and the CiU (Convergence and Unity party) leader Artur Mas: "The Parliament of Catalonia, according to the desire and the will of the citizenry of Catalonia, has defined Catalonia as a nation by an ample majority." It adds, "The Spanish constitution, in its second article, recognizes Catalonia's national reality as a nationality," and says that Catalan self-government is based "on the constitution and on the historic rights of the Catalan people, which, within the constitutional framework, cause this Statute to recognize a singular position for the Generalitat1."
The majority of the delegations from the Congress of Deputies and the Catalan Parliament present in the committee voted in favor of the modified Statute, 22 to 17 among congressional deputies and 28 to 10 among Catalan parliamentarians.
The full lower house of the parliament is expected to approve the document on 30 March 2006.
Source: Eurolang News, March 22, 2006 by Davyth Hicks http://www.eurolang.net/index.php?option=com_content&task=view&id=2568&Itemid=1&lang=en
- The Catalan Government
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Updated (April 2006)
SPANISH SUPREME COURT DECISION RECOGNIZES UNITY OF THE CATALAN LANGUAGE
In March 2006, the Spanish Supreme Court ruled in favor of the Cultural Association of Valencia and the Education Workers who were appealing against the 1999 Valencian High Court decision, which had rejected an appeal over the cancellation of a pre-existing agreement on the mutual recognition of language proficiency certifications between the Catalan, Valencian and the Balearic Islands regions by the Valencian government.
The Supreme Court ruling recognizes the unity of the Catalan language and states that this is an established judicial decision. It clearly explains the place of the linguistic debate within the scientific and academic domains. The court also condemns the ambiguity around the status of the language but warns that this cannot be used as an argument to refute the scientific and historic evidence, which proves the unity of the Catalan language.
Source: Eurolang News, April 18, 2006 by Davyth Hicks http://www.eurolang.net/index.php?option=com_content&task=view&id=2589&Itemid=1&lang=en
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Updated (July 2006)
THE COURTS OF ARAGON APPROVE THE REFORM OF THE STATUTE THAT AVOIDS THE PROTECTION OF ARAGONESE AND CATALAN LANGUAGES
On 21 June 2006, the Courts of Aragon approved a reform of the Statute of Aragon without considering Catalan and Aragonese indigenous languages of Aragon territory. The text, which is now at the Spanish Parliament to be discussed and decided before May 2007, does not make any explicit reference to either language. However, Article 8 of the introduction is entirely dedicated to "the own languages and linguistic modalities of Aragon".
The third reform of the Statute of Autonomy of the Autonomous Community of Aragon establishes that a future law of the Aragonese Courts, which has been postponed for two decades, will determine the boundaries of the zones where both languages are spoken, and will regulate their protection, recovery and teaching provisions. This future law will also establish the rights of its speakers to use both languages in their relations with the public administration. However, what does mention the renewed Statute is that "no one could be discriminated on the grounds of language".
Source: Mercator News, June 2006 http://www.ciemen.org/mercator/index-gb.htm
REFORMED TEXT OF THE STATUTE OF AUTONOMOUS VALENCIAN COMMUNITY
EXPLANATORY PREAMBLE
The Valencian language is also defined as the characteristic language of the Valencian Community and the Valencian idiom, together with Castilian, the two official languages. The institutions established after Organic Law 5/1982 are incorporated into the Statute of Autonomy; all the same, the name of all Valencian institutions are listed in the Valencian language, so that they are used in this way, both in written or spoken form in Valencian or Castilian.
This reform also aims to foster and develop the applicable Valencian Foral Law, the knowledge and use of the Valencian language, the specific and singular culture of our people, as well as its customs and traditions. By means of the recuperation of "Els Furs del Regne de València" (Foral Laws of the Kingdom of Valencia), it is also necessary that our Community also recuperate the dignity lost as a consequence of the abolishment carried out by the unfair promulgation of the Decree of June 29, 1707. This is precisely why the legislative development of the powers of La Generalitat (Valencian Autonomous Government) will endeavor to recuperate the contents of the "Furs del Regne", in full harmony with the Spanish Constitution.
All those institutions of the Generalitat that were established after the approval of the Statute are incorporated into it. Their names are all Valencianised and the gentilic "valenciana" after the Generalitat is eliminated. All the same, some wordings are improved and the existing errors that do not mean a reform of the contents of the Statute are eliminated.
Article 6
The specific language of the Valencian Community is Valencian. The Valencian language is the official one in the Valencian Community, as is Castilian, which is the official language of the state. Everyone has the right to know and use them, and to be educated in the Valencian language and to learn it. The Generalitat will guarantee the normal and official use of both languages, and will adopt the necessary measures in order to guarantee their knowledge. No-one shall be discriminated due to his/her language. Special protection and respect shall be given to the recuperation of Valencian. Law will fix the criteria of application of the specific language of the Valencian Community in administration and education. The territories in which the use of one language or the other is predominant will be delimited by law, as will those that may be excepted from the teaching and use of one language or the other, as will those that may be excepted from the education and use of the language that is specific to the Valencian Community. - The Valencian Academy of Language (Acadèmia Valenciana de la Llengua) is the regulatory institution of the Valencian language.
Article 9
- All the citizens have the right to be attended to and their affairs be dealt with in an equitable and impartial way and within a reasonable time period by the public administrations of the Generalitat. Furthermore, Valencian citizens will have the right to address the Administration of the Valencian Community in any of its two official languages and to be answered in the same language used.
Article 25
- The laws of the Generalitat will be promulgated, on behalf of the King, by its President and published in the two official languages in the Diari Oficial de la Generalitat (Official Gazette of the Generalitat) within a fifteen-day period from their approval, as well as in the Boletín Oficial del Estado (Official Gazette of the State). For their coming into force, the date of the publication in the Diari Oficial de La Generalitat will govern.
Article 29
- All the regulations, provisions and acts issued by the Council (Consell) that given their nature thus request will be published in the Diari Oficial de la Generalitat in the two official languages. With regard to the publication in the Boletín Oficial del Estado, it will adjust to that which is provided in the corresponding state regulation.
Article 35
- At the request of the Generalitat, the appropriate body will convoke the public contests and examinations to cover the vacancies of Magistrates, Judges, Court Secretaries and other staff at the service of the Justice Administration, according to what is provided in the Organic Law of Judiciary Power. In this resolution, their specialization in Valencian Foral Law, as well as their knowledge of the Valencian language will be taken into consideration.
Article 41
The Valencian Academy of Language, a public institution belonging to the Generalitat, carries out the task of determining and elaborating, where appropriate, the linguistic regulations of the Valencian language.
The linguistic regulations of the Valencian Academy of Language are legally binding for every public administration of the Valencian Community.
Regarding the procedure for appointing its members, its duties, its powers, its status and term of office, it will have to adjust to that which is provided in the Law of the Parliament (Llei de Les Corts) regulating it.
Article 58
- For the supply of notaries, the candidates will be admitted on an equal basis, independently of whether they practice their job in the territory of the Valencian Community or in other areas of Spain. In no case shall the exception of origin or residence be established. In these examinations or contests, the specialization in Valencian Foral Law and knowledge of the Valencian language will be considered a preferential merit.
Note: This in the unofficial English translation abstract of the Resolution 150/VI on the Proposal of Organic Law of Reform of the Statute of Autonomy of the Valencian Community (Proposició de llei orgànica de reforma de l'Estatut d'Autonomia de la Comunitat Valenciana), approved by the Plenary Assembly of the Valencian Parliament in the session of July 1, 2005 (BOCV nr. 120, of July 8, 2005). The original text can be found on the website: http://www.gva.es/cidaj/pdf/Propuestaestatuto.pdf
Source: Mercator Legislation, Bulletin No. 65, I Quarter 2006, http://www.ciemen.org/mercator/index-gb.htm
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Updated (November 2006)
THE SPANISH CONSTITUTIONAL COURT HAS DECLARED THE DUTY TO KNOW BASQUE IN COURTS UNCONSTITUTIONAL
The Spanish Constitutional Court has made public an announcement that declares some parts of a decree approved by the Basque government null and void. This decree extended the use of the Basque language in courts and regulated the levels of language competence required for the assignment of official posts in Basque courts.
According to the announcement, the Basque autonomous government has powers over some staff recruitment such as court officers, judicial administrative assistants, bailiff’s clerks and forensic surgeons and consequently keeps legislative jurisdiction over language requirements. However, the Constitutional court has declared that the duty to know Basque1 cannot be applied to judges, public prosecutors and secretaries because it violates State powers.
In this regard, the report and the recommendations of the Council of Europe's Committee of Experts issued in 2005 on the application of the European Charter for Regional or Minority Languages by Spain, have shown that "the Spanish state has not taken the necessary legal and practical measures needed to ensure that judicial and state administration staff have a working knowledge of the co-official languages". They have also pointed out "a general problem affecting all languages covered under Part III is related to the field of justice". Behatokia, the Basque Observatory of Linguistic Rights, has said that the Court’s sentence "not only violates the linguistic rights of Basque speakers, but also the right to self-defense and to effective legal protection".
Source: Mercator News, October 2006 http://www.ciemen.org/mercator/index-gb.htm
- Basque is a co-official language in the Basque Country
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Updated (January 2007)
CONTROVERSY IN CATALONIA ABOUT A SPANISH GOVERNMENT DECREE THAT INCREASES THE TEACHING OF SPANISH IN PRIMARY SCHOOLS
In December 2006, The Spanish government approved the Royal Decree 1513/2006, which establishes primary education pupils' minimum achievement requirements for finishing this educational cycle. The decree increases the teaching of Spanish to three hours per week at primary schools in Autonomous Communities with co-official languages.
In Catalonia, it has produced a great controversy among politicians, in cultural and linguistic organizations as well as among education professionals. The majority thinks that this decree, apart from interfering in the government of Catalonia's competences in education, attempts against its model of linguistic immersion that already guarantees the achievement of linguistic competence in the two languages by all pupils at the end of their primary education. This model has been also praised in the Council of Europe's evaluation report on the application by the Spanish State of the European Charter for Regional or Minority Languages.
The Catalan executive has decided to present a requirement for incompetence to the Government of the State after considering a juridical report according to which the decree trespasses the article 111 of the Statute of Autonomy of Catalonia, where shared competences between the State and the Generalitat are established. The report considers that the Spanish decree has exceed its area of regulation since it sets up more than 55 percent of schools schedule. Thus, the Government of Catalonia has asked to revoke 5 articles of the Spanish decree (6, 7,11.2, 13.5, 13.6), the final first disposition and the annexes I, II and III. It does not discard the presentation of an appeal before the Spanish Constitutional Court if an agreement is not reached within the framework of the bilateral commission (State and Generalitat).
Source: Mercator News, December 2006
http://www.ciemen.org/mercator/index-gb.htm
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Updated (July 2007)
NEW DECREES PASSED IN CATALONIA IN RESPONSE TO THE 2006 ROYAL DECREE
Only recently, the Catalan parliament has approved two new decrees to block the effect of the Royal Decree passed by the Spanish Government in December 2006 by which the number of the Spanish language in primary and secondary schools in the Autonomous Communities has been increased.
According to the new decrees, pupils in Catalonia will receive only 420 hours of the Spanish language annually instead of 560 aimed by the Spanish Government. The third compulsory hour of Spanish in Catalan schools thus will be facultative.
Source: Legislation News, Mercator Newsletter No.32: July 2007 http://www1.fa.knaw.nl/site/newsletter2007/MERCATORnewsletter32.htm
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Updated (November 2007)
ARAGONESE LANGUAGE LAW IS IMPORTANT FOR PROMOTION OF LANGUAGES IN ARAGON
Marcel·lí Iglesias, President of the Autonomous Community of Aragon, has promised to sponsor the passage in 2008 of an Aragonese Languages Law that will regulate the use and promotion of the Catalan and Aragonese languages in the region.
Acknowledgement of the two languages by a law is quite important, as there is no article dedicated to languages protected under the current Statute of Autonomy.
At the moment, the linguistic rights of minority speakers in this Autonomous Community of Spain are not being respected, as they are legally unprotected.
Source: Mercator Legislation, Mercator Newsletter 35: November 2007 http://www1.fa.knaw.nl/newsletter2007/MERCATORnewsletter35.htm#ml1
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Updated (July 2008)
MORE BASQUE IN SHOPS
The Spanish Basque government passed a decree to increase the use of the Basque language in shops.
The government spokesman, Miren Azkarate, explained: “This provision aims to give customers and users the right to receive information on goods and services in both Spanish and Basque, as well as the right to use any of the two official languages when interacting with businesses and firms in the Basque Autonomous Community”.
According to Azkarate, the implementation of the decree will be progressive so that shopkeepers can easily adapt and be able to fully comply with the decree.
Furthermore, the government funding will be given in order to facilitate the compliance with the provisions.
Source: Eurolang News, July 8, 2008 by Valeria Cardi http://www.eurolang.net/index.php?option=com_content&task=view&id=3084&Itemid=1&lang=en
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