ReflectionsReflections

Colin H WilliamsColin H WilliamsSchool of WelshSchool of Welsh

Cardiff University, UKCardiff University, UKwilliamsch@cardiff.ac.ukwilliamsch@cardiff.ac.uk

Timeline and Age. Timeline and Age. Personal Personal thanks to thanks to SEÁNSEÁN + staff for + staff for hosting us. hosting us. • Compensation of age, dreams into realityCompensation of age, dreams into reality• 1973-51973-5 Advocate Canadian OCOL model Advocate Canadian OCOL model

for Europe, particularly Wales and Irelandfor Europe, particularly Wales and Ireland• 1990s1990s With many in this room push for With many in this room push for

OLA and LC in IrelandOLA and LC in Ireland• 2000s Push for Welsh Language 2000s Push for Welsh Language

Measure and LCMeasure and LC• 2003 Advocate Network of LCs.2003 Advocate Network of LCs.• 2012-52012-5 ESRC Project on LCsESRC Project on LCs

The Legislative TurnThe Legislative Turn

• Generation preoccupied with education, Generation preoccupied with education, local government and media/ITlocal government and media/IT

• The generic turn to individual and group The generic turn to individual and group rights either to bolster promotion or to rights either to bolster promotion or to compensate for poor recognition and compensate for poor recognition and inadequate servicesinadequate services

• Mainstreaming language as public good in Mainstreaming language as public good in international law and policiesinternational law and policies

• Need language law be necessarily soft?Need language law be necessarily soft?

Overarching Legal Overarching Legal FrameworkFramework• Canadian Model-templateCanadian Model-template

• Fed. Official Languages ActFed. Official Languages Act

• N.B. Act Recognizing the Equality of the N.B. Act Recognizing the Equality of the Two Official Linguistic Communities-Two Official Linguistic Communities-Vitality Essential if Individual Rights Vitality Essential if Individual Rights UpheldUpheld

• Canadian Charter of Rights and Canadian Charter of Rights and

Freedoms-Holistic View of Citizen RightsFreedoms-Holistic View of Citizen Rights

Ombudsman-Commissioner Ombudsman-Commissioner ContinuumContinuum

• Promotion+/-Regulation?Promotion+/-Regulation?

• Monopoly or Shared Responsibilities?Monopoly or Shared Responsibilities?

• Hierarchical Divisions and ImpactHierarchical Divisions and Impact

• Sanctions, penalties, purchaseSanctions, penalties, purchase

• What real powers do Commissioners What real powers do Commissioners have to influence behaviour?have to influence behaviour?

Whither Commissioners?Whither Commissioners?

• Advocates, educationalists, Advocates, educationalists, investigators and regulatorsinvestigators and regulators

• How are these functions balanced How are these functions balanced over time?over time?

• Is there a switch in emphasis as office Is there a switch in emphasis as office matures?matures?

• The search for cognate bodies so as The search for cognate bodies so as to make role more effectiveto make role more effective

Uniqueness of Language Uniqueness of Language CommissionersCommissioners

• In plural or multilingual societies LCs In plural or multilingual societies LCs can act as bridge builders, can act as bridge builders, conscience, voice and advocate in conscience, voice and advocate in non-threatening or partial mannernon-threatening or partial manner

• Not quite the Great Physician in war-Not quite the Great Physician in war-torn or conflict-ridden societies, but a torn or conflict-ridden societies, but a force for good, peace and mutual force for good, peace and mutual understandingunderstanding

Roles of the Commissioner of Official LanguagesRoles of the Commissioner of Official Languages

Canadian Principles and Canadian Principles and VirtuesVirtues• Language policies must be based on respect, Language policies must be based on respect,

and have clear mechanisms to ensure that rights and have clear mechanisms to ensure that rights of citizens are respectedof citizens are respected

• Entrenched constitutional rights afforded to the Entrenched constitutional rights afforded to the linguistic minoritylinguistic minority

• Statutory mechanisms (ombudsman and court Statutory mechanisms (ombudsman and court remedy) to ensure the language rights of remedy) to ensure the language rights of citizens are respectedcitizens are respected

• Education in the other official languageEducation in the other official language

Room for improvementRoom for improvement

• Language of service has improved in all regions Language of service has improved in all regions but there is room for further improvementbut there is room for further improvement

• For language of work, progress is unevenFor language of work, progress is uneven

• Intervention of courts still required to ensure Intervention of courts still required to ensure respect of language rightsrespect of language rights

• There continues to be much room for There continues to be much room for improvement at the provincial, territorial and improvement at the provincial, territorial and municipal levelsmunicipal levels

Independence of OfficeIndependence of Office

• Canadian, Catalan, Ontario, NB, Irish, Canadian, Catalan, Ontario, NB, Irish, Welsh and Finnish systems all prize Welsh and Finnish systems all prize the Independence of Office Holder to the Independence of Office Holder to ActAct

• Saw evidence of various threats to Saw evidence of various threats to independence, viz. political, fiscal, independence, viz. political, fiscal, resource-based, absorption and resource-based, absorption and integration. How to respond? integration. How to respond?

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– Conducting Conducting independentindependent investigations under the investigations under the French French Language Services Act Language Services Act in response to complaints or on its own in response to complaints or on its own initiative. initiative.

– Preparing reports on investigations, including Preparing reports on investigations, including recommendations aimed at improving the provision of French-recommendations aimed at improving the provision of French-language services.language services.

– Monitoring the progress made by government agencies in Monitoring the progress made by government agencies in providing French-language services. providing French-language services.

The Commissioner may at any time make a special report to The Commissioner may at any time make a special report to the Minister on any matter related to this the Minister on any matter related to this ActAct that, in the that, in the opinion of the Commissioner, should not deferred until the opinion of the Commissioner, should not deferred until the annual report. annual report.

OFLSC’s Mandate and OFLSC’s Mandate and ResponsibilitiesResponsibilities

Best PracticeBest Practice

• Canadian Active Offer of ServiceCanadian Active Offer of Service

Key Questions and IssuesKey Questions and Issues

• Administrative reticence and lack of Administrative reticence and lack of buy-in from senior managersbuy-in from senior managers

• Inconsistent citizen expectations and Inconsistent citizen expectations and realities-hence self-restrictive realities-hence self-restrictive behaviour and under-use of potential behaviour and under-use of potential of official services. Demand not an of official services. Demand not an exact measure of need.exact measure of need.

• Capacity, terminology and usageCapacity, terminology and usage

Non-official languages?Non-official languages?

• What role do non-official languages What role do non-official languages play in articulating the particular play in articulating the particular approach to official languages?approach to official languages?

• Are there fundamental geo-linguistic Are there fundamental geo-linguistic or territorial divides which legislation or territorial divides which legislation has failed to overcome?has failed to overcome?

• Demolingusitic trends and the Demolingusitic trends and the absorption of migrants as new absorption of migrants as new speakers.speakers.

AN COIMISINÉIR TEANGAAN COIMISINÉIR TEANGA

•Established in 2004Established in 2004– Ombudsman service Ombudsman service – Compliance AgencyCompliance Agency– Provision of advice on rights and Provision of advice on rights and

obligationsobligations– Staff of 5-7 civil servantsStaff of 5-7 civil servants– Annual budget c.€600,000 Annual budget c.€600,000

Ireland: Dynamism not size is Ireland: Dynamism not size is vitalvital

5,425 complaints (28% from the Gaeltacht)5,425 complaints (28% from the Gaeltacht) 82 formal investigations82 formal investigations 198 audits198 audits1,736 requests for advice from state bodies1,736 requests for advice from state bodies9 annual reports + 3 special reports9 annual reports + 3 special reports, as well , as well

as recommendations for amendments to the Act.as recommendations for amendments to the Act.

Guidebook, Guidebook, a website and various publications a website and various publications including a multi-media educational resource on including a multi-media educational resource on language right for schoolchildren. language right for schoolchildren.

Ireland’s QuestionsIreland’s Questions

• The main news story emerging from Ireland is The main news story emerging from Ireland is in relation to the amendment of the Official in relation to the amendment of the Official Languages Act here - and the publication of Languages Act here - and the publication of those amendments before year-end. The those amendments before year-end. The Commissioner’s position: Commissioner’s position:

• ““Will the amendment of the Act be taken Will the amendment of the Act be taken seriously? A hint at the seriousness of the seriously? A hint at the seriousness of the effort will come from 2 simple tests…my effort will come from 2 simple tests…my personal yardsticks:personal yardsticks:

•   

Fudge, farce and falsehoodFudge, farce and falsehood

• Will the amended legislation ensure that state Will the amended legislation ensure that state employees serving the Gaeltacht communities employees serving the Gaeltacht communities are Irish speaking without question or conditions? are Irish speaking without question or conditions?

• Will the new legislation address the issue of Will the new legislation address the issue of language in recruitment to the public service in language in recruitment to the public service in general? general?

• If those two elements are not addressed in the If those two elements are not addressed in the amended legislation, I fear it may be seen as a amended legislation, I fear it may be seen as a fudge, a farce or a falsehood. And that it will be fudge, a farce or a falsehood. And that it will be perceived as flawed, a failure and soon perceived as flawed, a failure and soon forgotten.” forgotten.”

  

Whither Language Rights?Whither Language Rights?

• Rights evolve through struggleRights evolve through struggle

• Jurisdictional immaturity in several Jurisdictional immaturity in several casescases

• Language as part of human rights, Language as part of human rights, fundamentally important but how fundamentally important but how well activated in practice?well activated in practice?

How do Commissioners How do Commissioners Evaluate?Evaluate?• Keeping up the pressureKeeping up the pressure

• Recognise the lagging Recognise the lagging departments/unitsdepartments/units

• Schedule thematic evaluations by Schedule thematic evaluations by sectorsector

• Powers to impose sanctions if Powers to impose sanctions if evaluations and investigations not evaluations and investigations not effective.effective.

Who evaluates the Who evaluates the Ombudsmen?Ombudsmen?

• Annual Reports to ParliamentsAnnual Reports to Parliaments

• Select Committee Q and ASelect Committee Q and A

• Special InvestigationSpecial Investigation

Costs, neo-liberal discourseCosts, neo-liberal discourse

• How real is the threat that the gains made How real is the threat that the gains made by stealth politics over the past generation by stealth politics over the past generation are now being dismantled by neo-liberal are now being dismantled by neo-liberal arguments and fiscal pressures?arguments and fiscal pressures?

• How can such pressures be transformed How can such pressures be transformed by new discourses and needs-based, by new discourses and needs-based, public good arguments?public good arguments?

• Do LCs/Ombudsmen Annual Reports enter Do LCs/Ombudsmen Annual Reports enter the mainstream debates?the mainstream debates?

Majority’s inclusion and Majority’s inclusion and legitimacy for policy.legitimacy for policy.

• Important issue because it shows that Important issue because it shows that official official language policy is not solely for the language policy is not solely for the minorities’ benefitminorities’ benefit. .

• Canadian Official Language Act is worded so Canadian Official Language Act is worded so that federal institution should encourage that federal institution should encourage citizens and voluntary group to accept and citizens and voluntary group to accept and “recognize” official languages. Hence, you “recognize” official languages. Hence, you can support the policy even if you are not can support the policy even if you are not fully bilingual!fully bilingual!

• Cf. Welsh policy of ‘Iaith Pawb’ (Everyone’s Cf. Welsh policy of ‘Iaith Pawb’ (Everyone’s Language).Language).

Inclusive Definitions

– Since 2009, Ontario Government adopted an Inclusive Definition of Francophone (IDF) that is based on new criteria for calculating the size of Ontario’s Francophone population.

– IDF is a symbolic recognition. It reinforces the sense of belonging and takes into account the newcomers’ contribution to the Francophone community of Ontario.

– E.g..: An Algerian or a Moroccan family who most often speak Arabic at home but who also speak French at home is now considered Francophone.

Finland: It’s Up To The Majority Finland: It’s Up To The Majority !!• The 25 measures of the Ahtisaari working group The 25 measures of the Ahtisaari working group

(March 2011) recommended -(March 2011) recommended -• Finnish government prepare a language policy Finnish government prepare a language policy

action plan for 2011-2015action plan for 2011-2015• Ministry of Justice co-ordinate cross-cutting Ministry of Justice co-ordinate cross-cutting

measures in to implement the language rights measures in to implement the language rights obligations specified by the Constitution and the obligations specified by the Constitution and the Language ActLanguage Act

• Strategy for National Languages 2012 PM Strategy for National Languages 2012 PM leadership, Ministerial support essential for leadership, Ministerial support essential for political progress.political progress.

It’s Up To The Majority !It’s Up To The Majority !

• Ministry of Finance charged with providing Ministry of Finance charged with providing solutions enabling municipalities to solutions enabling municipalities to guarantee linguistic rights and increase the guarantee linguistic rights and increase the demand for, and participation in, demand for, and participation in, linguistically-related municipal services –linguistically-related municipal services –active dynamism, leadershipactive dynamism, leadership

• Language training courses for public Language training courses for public servants, improvements in the national servants, improvements in the national curriculum, financing the public broadcast curriculum, financing the public broadcast remit of Swedish YLE and reforms in the remit of Swedish YLE and reforms in the treatment, management and documentation treatment, management and documentation of patients within the health care system of patients within the health care system

LESSONS LEARNTLESSONS LEARNT

Successes: Successes:

•Production of monolingual, bilingual and trilingual dictionariesProduction of monolingual, bilingual and trilingual dictionaries

•Production of Nama bookletProduction of Nama booklet

•The launch of the Dr Neville Alexander Language ScholarshipThe launch of the Dr Neville Alexander Language Scholarship•Launching of a Linguistic Human Rights TribunalLaunching of a Linguistic Human Rights Tribunal

•Back log of complaints addressed;Back log of complaints addressed;

•There are standard operating procedures on how to lodge a complaint; There are standard operating procedures on how to lodge a complaint;

•There are standard operating standards governing the complaint administration There are standard operating standards governing the complaint administration

process.process.

•There is a complaint management system that supports the easy accessibility to the There is a complaint management system that supports the easy accessibility to the

status of the lodged complaints and statistics of resolved or not resolved complaints.status of the lodged complaints and statistics of resolved or not resolved complaints.

LESSONS LEARNT (Cont.)LESSONS LEARNT (Cont.)

Challenges: Challenges:

•Language matters have been on the back seat and that is reflected by limited budget.Language matters have been on the back seat and that is reflected by limited budget.

•Revision of the ActRevision of the Act

•The production of monolingual, bilingual and trilingual dictionaries.The production of monolingual, bilingual and trilingual dictionaries.

•The Launch of the Dr Neville Alexander Language ScholarshipThe Launch of the Dr Neville Alexander Language Scholarship

•The establishment of reading clubs in various communities such, old age homes, The establishment of reading clubs in various communities such, old age homes,

prisons and in schoolsprisons and in schools

•Lack of provisions of the Act that give the decisions of the Tribunal binding powers Lack of provisions of the Act that give the decisions of the Tribunal binding powers

•Lack sufficient budget to conduct advocacy and awareness programsLack sufficient budget to conduct advocacy and awareness programs

ConundrumsConundrums

• If support for bilingualism and official If support for bilingualism and official languages so high, why are we so languages so high, why are we so worried and have recourse to law worried and have recourse to law and specification of language rights?and specification of language rights?

• Behaviour not principles is the acid Behaviour not principles is the acid test, but it is far more complex than test, but it is far more complex than such dualisms.such dualisms.

Key Challenges: Ireland + Key Challenges: Ireland + OthersOthers

•Lack of correlation between Lack of correlation between language acquisition (through language acquisition (through education or as native speakers education or as native speakers in Gaeltacht) and subsequent in Gaeltacht) and subsequent usage… a huge ‘disconnect’. usage… a huge ‘disconnect’.

•Inadequate provision of state Inadequate provision of state services through Irish, services through Irish, particularly in Gaeltacht.particularly in Gaeltacht.

ImponderablesImponderables

• How to reshape the relative balance How to reshape the relative balance between the public sector, creating between the public sector, creating skills and space for a language, and the skills and space for a language, and the private and voluntary sectors where the private and voluntary sectors where the action is acute and language shift most action is acute and language shift most evident e.g. Catalonia, Wales and evident e.g. Catalonia, Wales and Ireland.Ireland.

• LPLP input oriented rather than outcome LPLP input oriented rather than outcome focussedfocussed

Crunch IssuesCrunch Issues

Where does power reside?Where does power reside?

How is influence diffused?How is influence diffused?

Role of Supreme Courts and Role of Supreme Courts and Legal SystemLegal System

Articulation of Rights in Articulation of Rights in PracticePractice

Less emphasis todayLess emphasis today

Economic ImperativesEconomic Imperatives

The World of WorkThe World of Work

Skills, Science, Technology, Skills, Science, Technology, LeisureLeisure

Where next?Where next?

• International network of Language International network of Language Commissioners and Regulatory BodiesCommissioners and Regulatory Bodies

• European Language RoadmapEuropean Language Roadmap

• Greater awareness of public involvement Greater awareness of public involvement and buy-in to official language policy and and buy-in to official language policy and suite of language rights and servicessuite of language rights and services

• Role of civil society in mobilizing Role of civil society in mobilizing pressurepressure

From Act to Action

•The report on Language Legislation in Finland, Ireland and Wales undertaken by Siv Sandlund, Peadar Ó Flatharta and Colin H Williams is published.

•Details from FIONTAR