U.S. English Foundation Research
FRANCE
Language Research
1. Legislation: Legislation dealing with the use of languages
Constitution adopted on October 4, 1958, and modified through June 25, 1992.
The Law of August 4, 1994 relative to the use of the French language was completed by the addition of several regulations. The Decree of March 3, 1995 notably defined breaches of the law and the related penalties. As well as the order of May 3, 1995, which authorized five associations for the defense of the French language with full legal capabilities.
The Law of August 4, 1994 relative to the use of the French language replaced the law of December 31, 1975, extending its scope and strengthening its provisions.
This text is the tangible rendition of the constitutional principle recognized in 1992 according to which the language of the Republic is French. It lays down the mandatory, but non-exclusive use of the French language in specific areas defined so as to guarantee the right of citizens to use their language in certain circumstances of their daily lives. However, the aforementioned text neither includes nor provides for a list of terms or expressions which may be prohibited or whose use may be made compulsory.
The law concerns private persons as well as public persons. However, some of these provisions are more restrictive for public corporate bodies and for private persons undertaking a public service assignment.
The circular, dated March 19, 1996 supplements these regulations by defining the scope of the law. In particular it defines the use of the French language for the marketing of goods and services, during seminars and conventions, in companies and in education as well.
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Updated (December 2002)
THE PARLIAMENT REFUSES AN AMENDMENT TO THE CONSTITUTION
Within the framework of the debate of French decentralization, on November 21, several initiatives to reform the Constitution in regard to regional languages were refused (50 votes against, 39 in favor).
One of the proposals by a Brittany UMP deputy (Union for a Popular Movement) suggested modifying of Article 2 of the French Constitution. This article, in force since 1992, proclaims that "the language of the Republic is French." This amendment proposed to add: "within the respect for regional languages, which are a part of its heritage."
Since Article 2 has served for the past ten years as a pretext to avoid any legislative developments in favor of the regional languages in France, organizations from all regions working to promote minority languages demand its change. Two other proposals recommended to add the words "fostering the development and the protection of those languages."
According to what was said during the parliamentary debate, the initiative detractors fear for the Republic's integrity, while its defenders bet on reinforcing it with more tolerance doses.
Source: Mercator News, December 2002, http://www.ciemen.org/mercator/index-gb.htm; Eurolang News, Lescar, November 29, 2002, by Estève Cròs, http://217.136.252.147/webpub/eurolang/pajenn.asp?ID=3986
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Updated (March 2003)
MAIN OFFICIAL TEXTS REGULATING TEACHING OF REGIONAL LANGUAGES
Deixonne Law (51-46 of January 11, 1951) allowed optional courses (one hour per week) at pre-primary, primary and secondary level, depending upon the will of teachers and parents.
Directive 66-361 of October 21, 1966: Academic Commissions for Regional Languages and Cultures
Haby Law (75-620 of July 11, 1975) Article 12 said that teaching of regional or minority languages may be done throughout school career.
Circulaire Savary (76-123 of March 29, 1976)
This circular allowed employing pedagogic advisers for regional/minority language teaching. Since 1982 (circular 82-261) Savary confirmed that teaching of the regional languages remains on voluntary basis. According to this circular, a bilingual class could be set up for a minimum of 12-15 children in rural areas and 20 children in urban areas.
Circulaire Bayrou No. 95.086 (April 7, 1995) determined the regulations, which made regional languages teaching official.
Decree 85-88 of January 22, 1985: Primary school teachers teaching regional languages and cultures
Directive 96-134 of May 14, 1986
Departmental order of April 15, 1988
Departmental order of June 23, 1994: Regional language for the Brevet des Collèges
Source: Mercator Education, Regional Dossiers, the Breton language in education in France
http://www1.fa.knaw.nl/mercator/regionale_dossiers/regional_dossier_breton_in_france.htm
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Updated (July 2003)
AN APPEAL LODGED WITH THE EUROPEAN COURT OF HUMAN RIGHTS AGAINST THE FRENCH STATE
Several Breton organizations (Conseil Culturel de Bretagne, Diwan (the Breton immersion school network), UGB (Breton Teachers' Union), Diwan parents, Dihun (the catholic bilingual school system), the Occitan language schools (Calandretas)) and others, who claim the right to use regional languages in education, started an initiative against the French state.
They argue that France has refused to recognize linguistic and cultural diversity within the framework of the French Constitution and has failed to ratify international conventions which guarantee minority rights, mainly the European Charter for Regional or Minority Languages.
In particular, the action appeals against a decision of the French Council of State, issued on November 29, 2002, making immersion teaching of regional languages illegal, what allegedly restrains the freedom of expression and the right to education without discrimination based on language.
According to the organizations, the French State violates the right of students to use regional languages at school so that they could learn French and their regional language on an equal basis. It also denies the development of the youth through their own culture, as well as the access to true bilingualism.
Source: Mercator News, July 2003, http://www.ciemen.org/mercator/index-gb.htm
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Updated (March 2004)
CONSTITUTION
The Constitution of the Fifth Republic of October 4, 1958, in accordance with republican tradition, voluntarily omits any recognition of "minorities", and opposes any communitarian ideals. The Constitution does not make a distinction between individuals.
Article 1
The French people are composed of all citizens without distinction of origin, race or religion.
The French language received its constitutional status by a constitutional amendment of June 25, 1992. Until then, the usage of French had never been questioned insofar as numerous legislative texts protected the use of the French language. Nonetheless, after signing of the Maastricht Treaty, and for fear of certain essential factors of the nation coming under scrutiny, an additional line was added to Article 2 of the Constitution. It states that:
The language of the Republic shall be French.
BROADCASTING LEGISLATION
Traditionally, in France the use of regional languages must be confined to the private domain. French is the only language of the Republic and of its public authorities. This statement is based on the institution of the royal prescription of Villers-Cotterêt in 1539, making French the sole judicial language.
Since 1789 interpretation of the principle of equality has opposed preferential treatment based on origin, social status, religion or language. Therefore, representing minorities or "linguistic minorities" is not specifically a part of broadcasting policy. However, public channels and stations have traditionally had the responsibility to assure the promotion of regional languages and cultures and to allot certain broadcasting time to the programs for minorities.
During contemporary times, three laws deserve closer examination: the 1951 "Deixionne" Law, the 1975 "Haby" Law and the 1994 "Toubon" Law. The so-called "Pelchat" amendment to the Law on Freedom of Communication (the "Léotard" Law) of 1986 could also be discussed at this juncture.
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Law No. 51-46 of January 11, 1951 related to the teaching of local languages and dialects (the so-called "Deixionne" Law) declared for the first time official recognition of the local languages (Article 1).
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The Toubon Law No. 94-665 of August 4, 1994 (law relating to the use of the French language) has been drafted to counter an increasingly pervasive influence of the English language. It requires the use of the French language in advertising; announcements posted in public places, and all radio and television programs, with the exception of films and audiovisual works in their original language.2
Nevertheless, the law does not prohibit the use of regional languages for these purposes. Despite strong criticism abroad, the Toubon law is aimed not to forbid the use of English in private sphere, but to preserve the use of French. Articles 4, 7 and 11 provide that it is compulsory only to translate into French and not to express oneself in French.
- Another piece of legislation (the "Pelchat" Amendment to the "Léotard Law) establishes a quota system for music played on the radio: a 40-percent quota of French-language music (including 20 percent of new artists or new releases) transmitted between 6:30am and 10:30pm.
This provision was introduced as Article 28 (2)bis of the "Léotard" Law.
Article 28 (2)bis:
The substantial proportion of musical works in the French language or performed in a regional language being used in France, which has to reach a minimum of 40 percent of French-language songs, with half of which at least coming from new talents or new productions, broadcast during significant listening times by all radio broadcasting services licensed by the Conseil supérieur de l'audiovisuel, for the share of its programs comprising musical entertainment.
However, faced with some difficulties in implementation, the legislators decided to introduce greater flexibility to the 40 percent quota system. The regulatory authority (the Conseil supérieur de l'audiovisuel) has some discretion to apply the quotas and to offer a different solution to certain specialized radio stations.3
The Law of July 29, 1982 repealed the public authority and its monopoly on broadcasting thus assuring the highest possible level of linguistic pluralism.
Article 1, which evokes the Law of July 29, 1881 on Freedom of the Press, states:
Broadcast communication is unrestricted.
Source: Minority-language Related Broadcasting and Legislation in the OSCE, Program in Comparative Media Law and Policy (PCMLP), Center for Socio-Legal Studies, Wolfson College, Oxford University & Institute for Information Law (IViR) (http://www.ivir.nl/index-english.html), Universiteit van Amsterdam (Study commissioned by the OSCE High Commissioner on National Minorities), April 2003, edited by T. McGonagle (IViR), B. Davis Noll & M. Price (PCMLP), http://www.ivir.nl/publications/mcgonagle/Minority-language%20broadcasting.pdf
2 A new Article 20-1 has been inserted before Chapter 1 of Section II of Law No. 86-1067 of September 30, 1986 related to the freedom of communication: "The use of French is compulsory in all the programs and advertising messages of radio and television broadcasting organizations and services, whatever their mode of dissemination or distribution, with the exception of motion picture and radio and television productions in their original language version. Where the broadcasts or advertising messages referred to in the first paragraph of the present Article are accompanied by translations in a foreign language, the presentation in French must be as legible, audible and intelligible as the presentation in the foreign language."
3 This amendment to the Léotard Law was introduced by the Law No. 2000-719 of August 1, 2000.
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Updated (February 2005)
MINORITY LANGUAGES IN FRANCE WILL HAVE TO WAIT
On January 26, 2005 an attempt to amend the French Constitution in favor of France's regional and minority languages was turned down in the National Assembly. The proposed amendments were aimed to modify Article 21 and 532 of the Constitution; however, it must be highlighted that out of the 577 seats in the Assembly, less than 80 deputies were present for the vote.
Article 2 reads as follows: "The language of the Republic is French". The UDF (Union for French Democracy) proposed to add there the words "within the respect for regional languages", while the UMP (Union for a Popular Movement) added "within the respect for regional languages, which are part of our patrimony".
As for Article 53, which refers to the ratification of the European Charter for Regional or Minority Languages, one amendment intended to add a third paragraph with the following wording: "The French Republic may ratify the European Charter for Regional or Minority Languages of the Council of Europe", while also a sub-amendment was presented, which added "within the respect of the first paragraph of Article 2".
The attempts to ratify the Charter have been often considered unconstitutional, especially since the Constitutional Council issued a resolution in June 1999, saying that the Charter would be contrary to the principles of indivisibility of the Republic, of equality before the law and of unity of the French people.
The modification of the Constitution must now be approved by the Senate, where further amendments concerning language issues still may be introduced.
In spite of all obstacles faced by minority languages in the National Assembly, the Breton and Gallo languages' status was significantly improved on December 17, 2004, when the Regional Council of Brittany recognized these two languages as official in this region alongside the French language. A language plan was adopted for their promotion in several fields, such as education, the media, social and public life.
Source: Mercator News, February 2005, http://www.ciemen.org/mercator/index-gb.htm
1 46 votes against and 25 in favor.
2 47 votes against and 30 in favor.
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Updated (August 2005)
BRETON LANGUAGE POLICY LAUNCHED IN WALES
On August 3, 2005 at the National Eisteddfod of Wales, the Breton Regional Council launched its language policy for the Breton language.
Jean Pierre Thomin, a member of the Council, said that they were inspired by the National Assembly of Wales' language policy and added that the Breton language policy was the first ever document on a minority language to be accepted by the French Government and also the first bilingual document adopted by the Breton Regional Council.
He further explained that a language policy is needed to save the language from extinction because 60 percent of Breton speakers are over the age of 60 and 10,000 Bretons die every year. There is not much in Breton on radio and television.
However, concerning education, it seems that there is better future for the language. Although Breton is not usually transferred within families, still 10,000 children learn it at schools. The percentage of Breton learners is increasing by 10 to 15 percent every year, being ten times higher than ten years ago.
The need for a language policy arose during last year's elections when the socialists came to power. The policy was accepted in December 2004 with the following aims:
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to increase the official awareness of the language
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to keep the language alive and retain the number of speakers
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to give the people of Brittany an opportunity to use the language
- to give the Breton language an opportunity to be accepted in every part of the society and to become official in Brittany
The policy also plans to increase the number of children learning the language in schools from 10,000 to 20,000 by 2010. The Breton Regional Council offered assistance in this matter (to teachers - to train them to teach the language and to children - to give them an opportunity to speak the language outside school).
The Council also tries to persuade local independent radio stations to increase the amount of Breton broadcasting. Moreover, in future it will work with television companies to produce more Breton programs.
This authority has already supported a weekly Breton magazine that was launched a month ago.
Source: Eurolang News, Felinheli, August 3, 2005, by Dafydd Meirion, http://www.eurolang.net/index.php?option=com_content&task=view&id=2425&Itemid=1&lang=en
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Updated (November 2005)
A MINISTERIAL DECREE ON LANGUAGES IGNORES TEACHING OF THE FRENCH REGIONAL LANGUAGES
The implementation of measures included in the Law on Management and Programming for the Future of School Education (known also as the Law Fillon) has begun recently. The governmental decree regulates the teaching of languages; however, surprisingly enough, only foreign languages are taken into consideration1.
One of the measures affecting French minority languages, the organization of their teaching and the levels of competence achieved, implies that foreign and so-called regional languages no longer go hand in hand in the legal texts (Title I). Such a distinction contravenes the legal dispositions set up in the Decrees on Foreign and Regional Language Teaching enacted in 2002 and 2003. These decrees regulate the schedules and programs of elementary schools and make both regional and foreign languages equal in terms of importance.
Nevertheless, it is still to be seen how this legislation will be enforced and whether its interpretation will be strict.
Source: Mercator News, October 2005, http://www.ciemen.org/mercator/index-gb.htm
- The decree determines the levels of competence of foreign languages in schools but it does not give details on the regional languages.
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Updated (April 2006)
NEW ACTION PLAN FOR THE PROMOTION OF THE BASQUE LANGUAGE IN FRANCE
On 12 April 2006, the Public Office of the Basque Language (OPLB) and the Basque Autonomous Community Government launched a new linguistic agreement, which will enter into force from 2007 and will cover all linguistic domains previously covered by the Basque Public Office.
Following a positive assessment of the past three years since the adoption of the first protocol on linguistic policy between the Public Contracting Authority (France) and the Ministry of Culture of the Basque Government with the Public Office, the Basque Minister of Culture and the president of the OPLB announced that both public institutions are working on the preparation for a new agreement.
The development of a linguistic policy in favor of the Basque language in Iparralde, a northern region of the Basque Country under French administration, is a consequence of a long and progressive process following the acknowledgement of the decline of Basque and the need to address the situation.
The Basque language was officially placed at the center of a territorial project in 1996-1997 in the framework of Basque Country development. This whole process allowed the first structuring of a policy in the form of the Basque Country Specific Agreement.
At present, the first phase of the multi-annual program for 2005/2006 has started and as a priority the Public Office is focusing on the implementation of an agreement with French National Education on assessing the current educational situation and defining a program for increasing teaching supply aimed at guiding action and budget choices from 2007 onwards. The second phase, which will be applicable from 2007, will cover all the spheres of OPLB activity.
Max Brisson, the President of the OPLB, explained that "the protocol has created an institutional partnership in terms of linguistic policy, which has reinforced the working relationship between institutions since 2003". He added that in terms of funding, the protocol formed part of the program retained from the framework of the Specific Agreement. The objective of the OPLB, however, is much wider than the ten activities stated in the previous Agreement because the Public Office is also responsible for defining and implementing a real linguistic policy covering all the spheres.
The first draft will be ready in May 2006 in order to reach an agreement in July. Each party will need to validate the draft before the end of the year so it can be implemented in 2007.
One of the projects to continue from the earlier arrangements is the fourth Basque sociolinguistic study sponsored by the Government. In 2007, it will take place in all seven provinces of Euskal Herria and in the North; the study will be conducted by the OPLB rather than by the Basque Cultural Institute that carried out the previous one.
Furthermore, partnerships in the fields of typology, new technology and communication will be established. However, this new agreement will not include property investments for Basque medium schools or bilingual Catholic schools as this is restricted by the French legal system. In this respect, the Basque Government can proceed to support financially school infrastructure programmes in northern regions.
Unfortunately, Navarre region will no longer participate in the agreement because the regional government has not expressed a willingness to support the Basque language beyond its own borders.
Source: Eurolang News, April 19, 2006 by Daniel Sanchez http://www.eurolang.net/index.php?option=com_content&task=view&id=2590&Itemid=1&lang=en
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Updated (January 2007)
THE FRENCH NATIONAL ASSEMBLY REJECTS AN AMENDEMENT FOR THE CONSTITUTIONAL RECOGNITION OF THE "REGIONAL" LANGUAGES
Marc Le Fur, elected deputy for the Breton department of Côtes-d'Armor, presented an amendment, which calls on the French Constitution to recognize the so-called "regional" languages, before the French Assembly in December 2006 when the constitutional debate was on the agenda as a result of the discussion of a bill on the electoral census in New Caledonia, a France's overseas territory where a self-determination referendum is planned for 2014.
The debate on New Caledonia and its consequences on the Constitution allowed Marc Le Fur to attempt for the second time the modification of Article 2 of the French Constitution, which establishes that "the language of the Republic is French". The amendment proposed the addition of a clause guaranteeing "respect for regional languages, which are part of our common heritage" to this Article. According to Le Fur, the constitutional amendment is essential for France to ratify the European Charter for Regional or Minority Languages, which has not been yet ratified, as the Constitutional Council of France declared that the implementation of the Charter would be unconstitutional and incompatible with Article 2. In fact, it is important to note that Article 2 of the Constitution was urgently approved just before the deadline to ratify the European Charter.
The final count gave 57 votes against the modification and 44 in favor. In spite of the result, some progress has been made: "Last time, the amendment was rejected by more than 25 votes," the deputy pointed out. As usual, though, this linguistic debate in France has been greeted with mistrust by the leftist parties and with the extreme hostility of some right-wing members of the Assembly.
Source: Mercator News, December 2006
http://www.ciemen.org/mercator/index-gb.htm
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Updated (February 2008)
OFFICIAL RECOGNITION OF THE CATALAN LANGUAGE
The General Council of the Département of Pyrénéles-Orientales, comprising Northern Catalonia and La Fenolheda, has recently approved a historic Catalan Language Charter (“Charte en faveur du catalan”).
The Catalan language has had official recognition in Northern Catalonia since December 2007 following the approval of the Charter. Despite the significance of such an event, the news had gone unnoticed until Vilaweb has only recently published it.
Although the impact of the Charter on the lives of northern Catalans has not yet been seen, it is definitely a very significant step. The French state has traditionally been extremely reluctant to recognize linguistic diversity – Article 2 of its Constitution reads as follows: “The language of the Republic is French”.
The recently approved Charter opens with the following statement: “The Catalan language, born more than a thousand years ago, constitutes one of the pillars of our identity, of our heritage and of the richness of the Département of Pirineus Orientals (Northern Catalonia)”. The Charter upholds the principle of bilingualism, promises to guarantee the “durability of Catalan language and culture”, and recognizes the Institute of Catalan Studies (Institut d'Estudis Catalans) as a “linguistic authority”.
Some say that it will be interesting to see what effect the news of the Charter has on the other minority languages spoken on the territory of the French State. For instance, the Public Office of the Basque Language (Office Public de la Langue Basque) has already presented its working plan in Bayonne and in Iparralde (the Basque territory under French administration) – another event that perhaps suggests that the French State is becoming more tolerant towards minority languages.
Source: Nationalia Ciemen (online journal), News, February 4, 2008 http://www.nationalia.info/en/news/26
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Updated (June 2008)
SENATORS REJECTED AN AMENDMENT TO THE ARTICLE 1 OF THE FRENCH CONSTITUTIONi>
Although almost all deputies at the National Assembly approved to include the phrase “regional languages are part of (French) heritage” in Article 1 of the French Constitution, the Senate rejected it (216 to 103 votes).
Shortly before the vote in the Senate, the French Academy, a public institution committed to promoting French, strongly criticized this amendment and proclaimed that legal recognition of the regional languages is “an attack on national identity” and that “a reference to languages other than French would negate the Republic”.
The French Academy's statements and the vote in the Senate have received a negative reaction, particularly from institutions with links to France's marginalized languages. One of the first to express dissatisfaction was the Academy of Basque Language and the Institute of Catalan Studies. The latter called for the statements made by the French Academy to be retracted.
Marc Le Fur, French Assembly Vice-President and Breton defender of marginalized languages, said that the result was a step backwards and encouraged “defenders of these languages” to communicate their disappointment to Senators.
Source: Nationalia Ciemen, News, June 19, 2008 http://www.nationalia.info/en/news/182
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Updated (July 2008)
FRENCH ASSEMBLY SAYS “YES” TO REGIONAL LANGUAGES IN A SECOND VOTE
In the second round, the French Assembly once again voted in favor of the clause “Regional languages are part of France's heritage” to be included in the French Constitution but this time with a little change – it will be included in Article 75, which concerns territorial administration, and not under Article 1 as proposed earlier.
Amending the Constitution did not come off easily: in May, Breton deputy and Vice-President of the Assembly Marc Le Fur started a special debate on minority languages in the lower chamber, during which several deputies defended the importance of linguistic diversity in the French state. The debate was poorly attended and the government hardly seemed enthusiastic about taking decisive steps to protect minority languages. It therefore came as a shock to almost everyone when Union pour un Mouvement Populaire (UMP) deputies proposed in June that Article 1 of the Constitution be amended to include a reference to regional languages.
In the meantime, the French Academy gave a negative response to the proposal, claiming that the inclusion of regional languages in the Constitution constituted an “attack on national identity”. They were particularly upset by the fact that regional languages were to be included in the Constitution ahead of French (Article 2). Within a week, the Senate had voted against the amendment even though the Assembly had approved it. Nevertheless, UMP deputy Jean-Luc Warsmann, who proposed the first amendment, proposed that the same clause be introduced in Article 75.
Source: Ciemen Nationalia, News, July 10, 2008 http://www.nationalia.info/en/news/201
THE CLAUSE “REGIONAL LANGUAGES ARE PART OF FRANCE'S HERITAGE” WILL BE INCLUDED IN THE CONSTITUTION AS THE SENATE VOTED IN FAVOR OF IT
The process of amending the Constitution by the clause concerning French regional languages has reached its peak - the Senate voted in favor of including “Regional languages are part of the France's heritage” into Article 75 of the Constitution on July 21st.
The move has been warmly welcomed by ‘regional’ language supporters, with the NGO EBLUL calling for France to go further and ratify the European Charter for Regional or Minority Languages.
Marc le Fur, the Breton UMP deputy who pressed for the clause, expressed his “great satisfaction” on the Senate’s decision.
In a press release EBLUL President, Neasa Ní Chinnéide, while welcoming the move, added that, “EBLUL stresses that the regional languages of France also belong to a European and global linguistic heritage. It is hoped that this recognition will reinforce the European policy of meaningful linguistic diversity on the continent. On this point, EBLUL also expects that France, which currently holds the Presidency of the European Union, ratifies the European Charter for Regional or Minority Languages, which would give its languages a concrete and pragmatic European framework for their development”.
The statement continued that, “EBLUL believes it is high time that France puts an end to its policy of destruction of its autochthonous languages that has undermined its credibility both in Europe and internationally, and that concrete measures be taken quickly to translate this recognition into realities.”
The President of the Academy of the Basque Language, Andres Urrutia, said that the reform is an “important and significant” step forward, but added that “it is not enough to recognize the heritage of the Basque language, it is more important that this heritage is alive”.
Source: Eurolang News, July 22, 2008 by Davyth Hicks http://www.eurolang.net/index.php?option=com_content&task=view&id=3087&Itemid=1&lang=en
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