Ethnic / Linguistic Minorities in Georgia and the Protection of their Linguistic Rights

Law and World ◽  
2020 ◽  
Vol 6 (2) ◽  
pp. 97-114

While discussing the legal framework for the „linguistic rights” of ethnic/linguistic minorities, the Georgian authorities should first consider the position of the ‘fathers’ of the „European Charter for Regional or Minority Languages“ concerning the difference between the autochthonous (historical) and new minorities; However, full realization of the linguistic rights of the Georgian state language, autochthonous minorities or migrant minorities on the territory of Georgia is impossible until the complete de-occupation of Georgia. Academic, depoliticized descriptions and qualifications of the linguistic and ethnic situation of Georgia should be given essential importance in the process of Georgia’s integration with the civilized world. It is desirable to be timely balanced Russian imperial ideologies and qualifications in the field of Kartvelology at the international scientific or information field.

2019 ◽  
pp. 9-31
Author(s):  
Bohdan Azhniuk

The article discusses a much-debated in Ukraine issue: what are the principles of language policy that can be labelled European, what are the major sources for the deduction of these principles and to what extent they could be implemented in Ukraine’s current language policy. It is argued that these principles can be deduced from the following major sources: national constitutions and legislative acts on language issues, international legal instruments (The European Charter of regional or Minority Languages), international declarations (The Universal Declaration of Linguistic Rights) that are not legal instruments at the moment, expert opinions of international committees and other bodies like the Venice Commission, OSCE, etc, scientific publications on language policy and language planning. The analysis of these sources gives justification to the following principles as reflecting the mainstream European conception of language policy and language planning: 1) maintaining the leading role of the official state language as the backbone of national unity, 2) protection of endangered languages and preservation of language diversity, 3) promotion of the bilingualism with sufficient competence in the state language, 4) effective management of the enforcement mechanism. The ratification by Ukraine of the European Charter for Regional or Minority Languages called attention to its implementation in Ukraine. The comparison of Ukraine with most European countries shows that in terms of linguistic rights the country’s main language (Ukrainian) is in a rather underprivileged position. There is growing awareness in the society that the idea of official or semi-official Ukrainian-Russian bilingualism was designed as an instrument of Russian foreign policy and became one of the key factors that provoked political instability in the country. Nowadays Russian is associated with the annexation of Crimea and justification of further aggression and the official upgrading of its status is perceived as jeopardy for the Ukrainian national identity and statehood. The change of the popular attitude to the idea of the official bilingualism has modified the positions of the major political players.


The article analyzes the formation and development of an international institute for the protection of the rights of national minorities, focusing on the role of the League of Nations in this field. The provisions of universal acts adopted under the auspices of the United Nations, in particular, the International Covenant on Civil and Political Rights 1966, the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities of 1992, are disclosed. The following international regional acts are described: the European Charter for Regional or Minority Languages of 5 November 1992, Framework Convention for the Protection of National Minorities, 1995, the Document of the Copenhagen Meeting of the Conference on the Human Dimension of the CSCE of 1990, European Security Charter of 1999, the Oslo Recommendations Regarding the Linguistic Rights of National Minorities of 1998, the Lund Recommendations on the Effective Participation of National Minorities in the Political and Political Life of 1999, Recommendations Promoting the Participation of National Minorities in the Electoral Process of 2001, Recommendations on the Use of Minority Languages in Broadcasting of 2003, Recommendations on Policing in a Multinational Society of 2006, Bolzano/Bozen Recommendations on National Minorities in Inter-State Relations of 2008, The Ljubljana Guidelines on Integration of Diverse Societies of 2012, the Graz Recommendations on Access to Justice and National Minorities of 2017; their key provisions and role in protecting national minorities are identified. Considering the fact that at the international universal and regional level institutional bodies and officials are responsible for protecting the rights of national minorities, the powers of the OSCE High Commissioner on National Minorities and the mandate of the Special Rapporteur on minority issues have been disclosed. The focus is also on the Minority Forum, which serves as a platform to encourage dialogue and cooperation on issues relating to persons belonging to national or ethnic, religious and linguistic minorities. The relevant conclusions are drawn.


2012 ◽  
Vol 17 (2) ◽  
pp. 195-220 ◽  
Author(s):  
Kai Heidemann

This article explores how Basque language activists in France have evaluated and engaged with European-level minority language policies in relative terms of "opportunity." Focusing upon the social construction of political opportunity from below, I consider how actors affiliated with a community-based schooling initiative cultivated a strategic stance toward the Council of Europe's Charter for Regional or Minority Languages between 1997 and 2007. Drawing upon qualitative case study data, I show how activist stances toward the European Charter were both motivated and minimized by their institutional containment within the French national state and the educational sector more specifically. The article contributes to scholarship by shedding microsociological light on the ways in which grassroots actors experience the intersection between national and supranational political processes in Europe. The article also contributes to the study of ethnic mobilization in Europe by shedding light on the underexamined field of linguistic-rights activism in education.


2018 ◽  
Vol 42 (2) ◽  
pp. 196-219 ◽  
Author(s):  
Reine Meylaerts ◽  
Gabriel González Núñez

Abstract A major challenge for authorities in the modern world is the linguistic integration of minorities. In this context, language policies play a key role as authorities are increasingly faced with the challenge of adjusting their language policies in order to secure the linguistic rights and thus the integration of their multilingual populations. In multilingual democracies, these language policies must include choices about the use or non-use of translation. These choices, when they are systematic, become policies of their own in terms of translation. Thus, translation policies arise in part as a consequence of language policies, and there can be no language policy without an attendant translation policy. This article sheds light on the role of translation policies as part of language policy. Specifically, it shows that translation policies can be a tool for integration and recognition or exclusion and neglect of speakers of minority languages and therefore deserve special attention. This is done by comparing the translation policies adopted in Flanders and Wales, both as applied to autochthonous linguistic minorities and allochthonous linguistic minorities. Lessons can be learned from the similarities and differences of translation policies in these two regions.


Author(s):  
David Leonardo García León

En el presente artículo se expone una aproximación a la situación de las minorías lingüísticas colombianas, desde una perspectiva de Políticas Públicas y Derechos Humanos. Para lograr este acercamiento, el artículo se estructura de la siguiente manera: se caracterizan los derechoslingüísticos y se registran los convenios internacionales que Colombia ha firmado en torno de este tema; se presentan las características más importantes de una perspectiva de políticas públicas basada en derechos humanos y se analiza, desde el enfoque mencionado, un documento depolítica pública que busca regular la situación de las lenguas minoritarias de Colombia, la Ley 1381 de 2010. Posterior a este análisis, se examina si los derechos lingüísticos están o no garantizados para las comunidades aquí estudiadas. Finalmente, se establece la necesidad deseguir el principio basado en los derechos humanos como perspectiva para mejorar la situación de las comunidades lingüísticamente minoritarias.Palabras clave: derechos humanos, políticas públicas, políticas lingüísticas, minorías lingüísticas, educación bilingüe. AbstractThis article analyzes the condition of Colombian linguistic minorities, from the point of view of public policies and human rights. In doing so, this paper is structured as follows: linguistic rights are described and topic-related international agreements signed by Colombia are registered; the most important characteristics of human rights based public policies are presented, and a public policy document, seeking to regulate the state of Colombian minority languages (namely Law 1381 from 2010), is analyzed through the mentioned approach. Following this analysis, it is examined whether the communities’ linguistic rights are guaranteed. Finally, the necessity of following the principles of human rights as an approach to improve the condition of minority linguistic communities is established.Key words: human rights, public policies, linguistic policies, linguistic minorities, bilingual education.


2012 ◽  
Vol 36 (2) ◽  
pp. 99-119 ◽  
Author(s):  
Dave Sayers

The last recorded native speaker of the Cornish language died in 1777. Since the nineteenth century, amateur scholars have made separate attempts to reconstruct its written remains, each creating a different orthography. Later, following recognition under the European Charter for Regional or Minority Languages in 2002, Cornish gained new status. However, with government support came the governmental framework of “New Public Management”, which emphasises quantifiable outcomes to measure performance. This built implicit pressure towards finding a single standard orthography, for greatest efficiency. There followed a six-year debate among supporters of the different orthographies, usually quite heated, about which should prevail. This debate exemplified the importance of standardisation for minority languages, but its ultimate conclusion saw all sides giving way, and expediency, not ideology, prevailing. It also showed that standardisation was not imposed explicitly within language policy, but emerged during the language planning process.


Author(s):  
Alessia Vacca

This article focuses on the comparison between European Union Law and Council of Europe Law in the field of the protection of minority languages and looks at the relationships between the two systems. The Council of Europe has been very important in the protection of minority languages, having created two treaties of particular relevance: the European Charter for Regional or Minority Languages in 1992 and the Framework Convention for the Protection of National Minorities in 1995; both treaties contain many detailed provisions relating to minority languages. Not all countries, even of the European Union, have ratified these treaties. 12 out of 27 EU countries did not ratify the European Charter for Regional or Minority Languages. The European Union supports multilingualism because it wants to achieve unity while maintaining diversity. Important steps, with respect to minority languages, were taken in the European Community, notably in the form of European Parliament Resolutions. The Charter of Fundamental Rights of the European Union, approved in Nice the 7th December 2000, contains art. 21 and art. 22 related to this topic. The Treaty of Lisbon makes a cross reference to the Charter of Fundamental Rights of the European Union which is, consequently, legally binding under the Treaty of Lisbon since December 2009. The Charter could give ground for appeal to the European Court of Justice in cases of discrimination on the grounds of language


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