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Programme: accepted abstracts

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Abstract ID: 122

Thematic Session (Papers belonging to this Thematic Session)

In the Shadow of Empire: Language Legislation and Language Policy in Canada, Scotland, Wales and Ireland

Authors: Walsh, John Charles
Submitted by: Walsh, John Charles (National University of Ireland, Galway, Ireland)

In recent years, legislation has become an increasingly important instrument within the larger framework of policies aimed at protecting and revitalising the indigenous minority languages of Wales, Ireland and Scotland. In Canada, a complex federal and provincial system of legislative protection has developed for French, both as a majority (Quebec) and minority language (e.g. New Brunswick, Manitoba, Ontario), and more recently for other indigenous Canadian languages (Northwest Territories, Nunavut). Despite the obvious differences between the cases, all these jurisdictions have been shaped by a British legal and constitutional heritage and all of the relevant languages are struggling with the hegemonic position of English.

Language legislation is linked to the conference theme of ‘Language and the City’ because it is driven by national or regional governments and legislatures located in large cities, often far removed from the heartlands of the minority languages. This may lead to tensions between the legislation and the communities it targets. At the same time, the pull of the large city has contributed to the dislocation of traditional rural language communities as minority language speakers migrate for economic or socio-cultural reasons. This creates a challenging sociolinguistic dynamic for the delivery of services as minority language speakers in such large cities will typically represent only a small proportion of the overall population.

This panel studies these legislative frameworks from a comparative perspective, based on four interlocking discussion questions:

 

1. What is the ideological and philosophical context of the legislation?

 This question investigates the ideological and philosophical basis for the legislation in each case, exploring issues such as the genesis of the legislation, the political, social and sociolinguistic context, the legislative models which influenced these enactments, and the policy aims and ideological assumptions that the legislation reflects more generally, in relation to language policy, language maintenance/revitalisation, the role of language in society, and evolving understandings of governance and political ordering more generally.

 

2. In which policy and governance framework does the legislation operate?

This question describes the diverse constitutional, legal and policy contexts for language legislation in Canada, Wales, Ireland and Scotland, including differences in relation to the establishment and enforcement of individual or group rights, including language rights. It considers the nature of the structures and mechanisms created by the legislation, such as national or federal agencies of compliance/regulation/monitoring and of promotion (Official Language Commissioners, language boards).

 

3. How will the legislation be implemented?

This question will consider more closely the work of agencies and actors charged with implementing the legislation. It will assess the role of the public administration and emphasise in particular mechanisms which may improve performance of and demand for bilingual services (active offer of services, training of staff etc.). The potential obstacles to implementation will also be discussed.

 

4. What is the interaction of language legislation and language communities?

Finally, this question will examine the role of the target communities in the formulation and implementation of the language legislation. It will investigate the ideologies of minoritised language speakers towards official services in their languages and examine the role of civil society and language activism. The relationship between minority language speakers and the city will also be discussed.

 

Key references:

Dunbar, R., and Parry, G. (eds), 2008. The European Charter for Regional or Minority Languages: Legal Challenges and Opportunities (Regional or Minority Languages, No. 5). Strasbourg: Council of Europe.

Grin, F., 2003. Language Policy Evaluation and the European Charter for Regional or Minority Languages. Basingstoke: Palgrave Macmillan.

Herriman, M. and B. Burnaby (eds.), 1996. Language Policies in English Dominant Countries: Six Case Studies. Clevedon: Multilingual Matters.

Nic Shuibhne, N., 2002. EC Law and Minority Language Policy: Culture, Citizenship and Fundamental Rights. The Hague & London: Kluwer Law International.

Ó Riagáin, D., 1998. Vade-Mecum: A Guide to Legal, Political and other Official International Documents Pertaining to the Lesser-Used Languages of Europe. Dublin: European Bureau for Lesser-used Languages.

Williams, C. H. (ed.), 2007. Language and Governance. Cardiff: Cardiff University Press.

Williams, C. H. 2008. Linguistic Minorities in Democratic Context. Basingstoke: Palgrave Macmillan.