Language Research

The Minority Language Teaching Act (OALT) enacted on August 1, 1998

The General Act on Administrative Law (Algemene Wet Bestuursrecht) provides that anybody can use the Frisian language for communication with authorities in the province of Friesland.

The Act on the Use of the Frisian language in Legal Affairs (Wet Gebruik Friese Taal in het Rechtsverker) contains the provision that anybody can use the Frisian language during lawsuits in Friesland province.

Updated (January 2001)

FRISIAN

The Dutch Government and the Province of Friesland have agreed to sign a new language covenant for the coming ten years on June 5, 2001 in The Hague. The covenant is largely based on the Charter for Minority or Regional Languages of the Council of Europe and took five years of negotiations.

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Updated (June 2001)

"The new covenant on the Frisian language and culture in the Netherlands could set an example for the former communist states in Eastern Europe. A government can avoid a lot of trouble if it deals respectfully with its minorities," said De Vries, the Dutch Secretary of State. In order to present the Dutch/Frisian covenant internationally De Vries will organize a joint conference with the Council of Europe on minority languages in the Netherlands at the end of this year. The new covenant includes some 100 agreements with the ministries of Education, Internal Affairs, Foreign Affairs, Justice and Health Care.

The covenant has been set out for the first decade of this century and will be evaluated regularly by representatives of Friesland and the Dutch government. This agreement is practical and solid with obligations on both sides. The province plans to present its new policy for the teaching of Frisian in September 2001.

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Updated (October 2001)

The Lower Chamber of the Parliament has adopted an act according to which the use of Frisian will be allowed in the statuses of associations, organizations, etc., within the Province of Friesland. The enforcement of this act will take place as soon as the Senate ratifies it.

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Updated (February 2002)

FRISIAN

For the first time the Frisian foundations and organizations could sign and register their new legal statutes in the Frisian language.

The Frisian association Eftrije has been an "illegal" organization until now, because their board always refused to register itself in Dutch. The Frisian organizations feel challenged and thrilled by the new law that allows monolingual Frisian statutes. The law comes into force on February 1st. President reverend Liuwe Westra of Douwe Kalmastifting is convinced that in due course dozens of Frisian organizations will follow the example and officially register themselves monolingually in Frisian at the national Dutch registers. "This is an important step towards legal equality of the Frisian language," Westra comments. "Until now Frisian was accepted only as an irrelevant annex with the Dutch original. The philosophy behind the new law is that people who live and work in Friesland should be able to understand and read Frisian, which is a totally different perspective."

Westra, who is former president of the Frisian movement, believes that the Frisians might be one of the very first minorities in the European Union with the right to register their foundations and associations in the minority language only. The right is however limited to foundations and associations, which operate in Friesland. As soon as an organization has interests outside Friesland, the statutes should be deposited in Dutch as well.

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Updated (December 2002)

FRISIAN

Currently, Frisian has an official status in the Netherlands. Its spelling has been standardized and Frisian, apart from domains such as the judiciary, public administration, radio and television, is also used in education.

National recognition is not expressed by any special law. Frisian language policy started with the "Van Ommen Committee" (1970), which produced a report specifying the responsibility of the national government with regard to Frisian and recognizing Friesland as a bilingual province. The report added that neither the existence of the Frisian language as an independent language still in use, nor the fact that the province of Friesland is considered to be bilingual, justifies the conclusion that the Netherlands as a whole is a bilingual country.

The use of the Frisian language in certain domains is restricted clearly to the province of Friesland. The committee stated that the central government should focus on safeguarding the identity of the Frisian language and culture, in collaboration with the provincial and municipal authorities. According to the report, this means that the national government has the function of resolving specific problems caused by bilingualism in the Frisian culture.

An immediate result of the report was a small sum of money in the national budget that was dedicated to support the organizations maintaining the Frisian language and culture. Unfortunately, the results of the language policy after 30 years are rather disappointing. Things only tend to change after pressure from the regional authorities and the population.

Current language policy regarding the Frisian language is based on the Frisian Language and Culture Covenant, an agreement between the provincial and the central government. It was drawn up in 1989, renewed in 1993 and redrafted in 2001 on the basis of the European Charter for Regional or Minority Languages (BFTK - Bestjoersôfspraak Fryske Taal en Kultuer 2001-2010). The covenant ensures the possibility to express themselves in Frisian for citizens, local authorities, organizations and institutions. It also states that both the provincial and the central government are responsible for preserving and reinforcing the Frisian language and culture. Lastly, resources are considered necessary in order to create suitable conditions for this purpose.

This means that:

• The state determines the general education, culture and media policy and, as far as Frisian is concerned, it has to respect the European Charter
• The province of Friesland determines the policy for Frisian and ensures the execution of this policy
• The state provides the province with the means to execute its policy as regards Frisian
• The provincial policy concerning Frisian and the national policy concerning general education, culture and media has to reinforce each other where possible

On several occasions, Friesland and its government have insisted on the necessity for a language law but to date this has not resulted in any success.

EDUCATION

The role of Frisian in primary education dates back to 1907 when the provincial government offered a grant to support Frisian lessons after regular school hours. Frisian was then taught as an extra-curricular subject.

Legislative provisions for Frisian only began in 1937, with alterations to the Education Act of 1920, which made it possible to teach Frisian as a regional language in higher grades during Dutch lessons. However, nothing was arranged for the use of Frisian as a medium of instruction. In 1950, nine primary schools began to experiment with bilingual education and in 1955 bilingual schools obtained a legal basis. Frisian became an optional subject at primary school level and the use of Frisian as a medium of instruction was allowed in the lower grades. By 1959, the number of bilingual schools had risen to forty-seven. Starting from 1959, the Dutch state financed the Paedagogysk Advysburo of the Fryske Akademy, an institution that offered educational advice and guidance to early bilingual schools. At the time these had risen to eighty-four, i.e. 25 percent of all primary schools in the province.

A further legislative improvement with regard to Frisian was established in 1974 when the Primary Education Act was modified again. Frisian became an approved teaching medium in all grades and an obligatory school subject throughout primary education as of 1980. To implement this act the following extensive activities had to be arranged: the in-service training of 3,000 teachers; special parents' evenings at all schools; the development of new learning material; the re-working of television and radio for schools and, finally, the introduction of Frisian as a subject at teacher training colleges.

In 1985, the Primary Education Act was replaced by a completely new Act for Primary Education in the Netherlands introducing the creation of new primary schools. In 1998, the Education Act was changed again. Except for some textual changes, the legal arrangements for Frisian in primary education remained the same.

MAIN OFFICIAL TEXTS REGULATING THE TEACHING OF FRISIAN

• 1937 Amendment to the Primary Education Act of 1920

  (Bulletin of Acts and Orders 1937, 323) Frisian is permitted as an optional subject in primary education under the classification of a vernacular language (Frisian was not yet explicitly mentioned in the Act)

• 1948 Amendment to the Secondary Education Act

  (Bulletin of Acts and Orders 1948, 127) Secondary schools are given the opportunity, after obtaining the consent of the Minister, to provide tuition in subjects other than those listed in the Act (Frisian was not yet explicitly mentioned in the Act). In 1948, the Minister of Education provided financial support for Frisian as an optional subject at secondary schools.

• 1952 Royal Decree to amend the University Statute

  (Bulletin of Acts and Orders 1952, 635) Frisian can be chosen as a main subject in higher education (introduction of the "doctoraal" (first degree) examination in Frisian).

• 1955 Amendment to the Primary Education Act 1920

  (Bulletin of Acts and Orders 1955, 225) Frisian is explicitly mentioned as an optional subject in primary education. Frisian is also permitted as a medium of instruction in the first forms of primary schools.

• 1967 Amendment to the Secondary Education Act 1963

  (Bulletin of Acts and Orders 1967, 386) Frisian is allowed as an optional subject in secondary education from 1968 onwards. In the first form of secondary schools Frisian can be included within the number of teaching hours permitted by the law.

• 1970 Royal Decree

  This Act regulates the leaving examinations in pre-university education (VWO), senior general secondary education (HAVO) and junior general secondary education (MAVO) (Bulletin of Acts and Orders 1970, 151). Frisian is permitted to be an optional leaving examination subject at the higher levels of secondary education (VWO, HAVO and MAVO schools).

• 1974 Amendment to the Primary Education Act

  (Bulletin of Acts and Orders 1974, 271) Frisian is taught as an ordinary subject in all primary schools in the province of Friesland from 1980 onwards. (Provincial Executive of Friesland given the power to grant exemptions) Frisian is also permitted as a medium of instruction in all classes of primary education.

• 1982 Interim Act on special education and special secondary education (ISOVSO)

  (Bulletin of Acts and Orders 1982, 730) Frisian is introduced as a teaching language in special secondary education.

• 1988 Amendment to ISOVSO of 1982

  (Bulletin of Acts and Orders 1988, 559) The Frisian language and culture is a compulsory subject in schools for special education and special secondary education.

• 1992 Amendment to the Secondary Education Act

  (Bulletin of Acts and Orders 1992, 270) Frisian becomes an ordinary subject in basic education at all secondary schools in the province of Friesland from 1/8/1993 onwards.

• 1993 Primary Education Key Objectives Order

  (Bulletin of Acts and Orders 1993, 264) Order in Council adopting key objectives for all subjects in primary education; key objectives also adopted for the subject of Frisian.

Source: Mercator Education, Regional Dossiers, the Frisian Language in Education in the Netherlands, http://www1.fa.knaw.nl/mercator/regionale_dossiers/frisian_nl.htm

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Updated (October 2003)

PUBLIC BROADCASTING

Article 54 (a) of the Dutch Media Act states:

Establishments, which have obtained broadcasting time, shall devote at least 50 percent of their television broadcasting time to the programs originally produced in the Dutch or Frisian language.

At the same time, the Media Decree prescribes that public broadcasters shall devote at least 20 percent of television airtime and 25 percent of radio airtime to ethnic and cultural minorities.

Private broadcasters are subject to less restricted regulations when 40 percent of their television broadcast must be in Dutch or in Frisian.

The power to minimize this restriction is given to the Media Authority in Article 71 (g) of the Act:

If requested, the Media Authority may, in special cases and under certain conditions, set the percentage at a lower level for a specific commercial broadcasting establishment.

The Netherlands' Constitution does not envisage any special protection of minority languages. Recent proposals of some parliamentarians to amend the Constitution with an obligation to promote the use of the Dutch language were rejected.

Source: Media Legislation, Minority Issues and Implications for Latvia by Leonid Raihman, January 20, 2003, http://www.policy.hu/raihman/PolicyPaper.htm

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Updated (May 2004)

The Dutch constitutional provisions are to be found in the Grondwet¹. However, no constitutional provisions are dedicated exclusively to the protection of minority languages or to the Dutch language. A few years ago, a proposal to amend the Constitution obliging the promotion of the Dutch language was rejected. Its objective was to emphasize Dutch as the official language, safeguard it from internationalization or "Europeanization" and give it a firm status in the governmental sphere. No new legislative measures have been proposed to that end.

The government publishes an annual report on the integration of minorities. The discussion focuses mainly on the integration of ethnic minorities. Indigenous minorities (as opposed to minority languages) do not exist in the Netherlands.

THE ACT ON THE CONSULTATION OF MINORITIES (Wet overleg minderhedenbeleid) encourages the government to participate in a discourse with minority groups three times a year to discuss minority-related policy.

THE ACT ON ADVISORY BODIES FOR MINORITY POLICY (Wet adviesorganen minderhedenbeleid) is connected with this Act.

Lastly, THE ACT ON THE STIMULATION OF LABOR-PARTICIPATION OF MINORITIES (Wet samen) encourages minorities to participate in a working process by obliging undertakings to publish an annual report on this issue.

Apart from the Dutch language, the Frisian language has also gained legislative recognition. An Act providing for the possibility to found companies in the Frisian language has been adopted.

Furthermore, the possibility to communicate in Frisian with the administrative bodies settled in the province of Friesland has been introduced (the Act of May 4, 1995, amending the common administrative law in regard to the introduction of rules concerning the use of the Frisian language in the administrative procedures).

In the judicial process, the use of Frisian has been recently broadened (the Act of September 14, 1995 amending the Act of May 11, 1956, relating to the use of the Frisian language, especially in legal procedures).

Furthermore, a consultative body regarding the relationship between the Province of Friesland and the government has been established, in accordance with Article 7 of the European Charter for Regional or Minority Languages.

Public service broadcasting is regulated by the Media Act (Mediawet, Stb. 1987, 294 as last amended by the Act of December 14, 2000, Stb. 2000, 586) and the Media Decree (Mediabesluit, Stb. 1987, 573, as last amended by the Besluit van May 21, 2001, Stb. 2001, 261).

THE 1987 MEDIA ACT

Section 54a

Establishments, which have obtained broadcasting time, shall devote at least 50 percent of their television broadcasting time to programs originally produced in the Dutch or Frisian language.

[...]

THE 1987 MEDIA DECREE (as amended)

Article 15

1. The program service of the Program Service Foundation shall include the following programs:
   1. background information and commentaries on political and social developments, including developments in the economic, scientific and technological fields;
   2. programs for target groups within society, which are not or not sufficiently served elsewhere;
   3. consumer information; and
   4. programs other than those referred to at (a) to (c) and in section 51b, subsection 3 of the Media Act, which meet the social, cultural, religious or spiritual needs of the public in such a way that the program service of the Program Service Foundation, together with the program services of the other establishments which have obtained national broadcasting time, provides a balanced reflection of the social, cultural, religious and spiritual diversity of the Netherlands.
2. In addition to the programs referred to in paragraph 1, the television program service of the Program Service Foundation shall also include:

   (a) for at least 20 percent, programs for or relating to ethnic and cultural minorities; and

   (b) programs of an educational nature aimed at young people.

3. In addition to the programs referred to in paragraph 1, at least 25 percent of the radio program service of the Program Service Foundation shall consist of programs for or relating to ethnic and cultural minorities.

Article 52l

Commercial broadcasting establishments shall devote at least 40 percent of their television program service to programs originally produced in the Dutch or Frisian language.

Paragraph 1 shall not apply to program services for special broadcasting purposes.

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

¹ Conclusion

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