The Universal Declaration of Linguistic Rights (known also as the Barcelona Declaration) is a document signed by the International PEN Club, and several non-governmental organizations in 1996 to support linguistic rights, especially those of endangered languages. The document was adopted at the conclusion of the World Conference on Linguistic Rights held 6–9 June 1996 in Barcelona, Spain.[1] It was also presented to the UNESCO Director General in 1996[2] but the Declaration has not gained formal approval from UNESCO.[3]
Although the 1948 Universal Declaration of Human Rights (UDHR) has language as one of its categories for equal rights, it does not explicitly list and elaborate on linguistic rights.[4] Even with declarations and rules on protecting specific languages and their rights, there was no binding document at that time that referred to all the languages or to world linguistic rights.[5] As such, there have been attempts to fill this gap by expanding on the importance of linguistic rights in the global scene.
In addition, the Universal Declaration of Linguistic Rights (UDLR) holds regards to several policies that motivated the respect of linguistic rights. Some of the documents include:
Universal Declaration of the Collective Rights of Peoples
The idea of a Declaration was first proposed in 1984, where a Brazilian by the name of Francisco Gomes de Matos introduced to the International Federation of Modern Language Teachers (FIPLV), a plea for a Universal Declaration of Linguistic Rights.[6] He listed some of the principal linguistic rights, together with their educational implications.
One of the most significant motivations stemmed from the 12th Seminar of the International Association for the Development of Intercultural Communication of 1987, held in Recife, Brazil, which also recommended the introduction of a declaration for linguistic rights. The Seminar then adopted a preliminary declaration that indexed some fundamental types of linguistic rights.[7]
Drafting
The main objective of penning a Declaration was to define equality in linguistic rights, regardless of differences in political or territorial statuses. It serves to promote international commitment in respecting the rights of linguistic groups, especially those of historicity, as well as individuals who do not reside within their native communities.[8]
As such, the UDLR does not distinguish among official, non-official, majority, local, regional, and minority languages. There was much complexity tied to the drafting process because it was not easy to come up with equal measures, definitions and reasons, especially since it required an international consensus. For instance, one of the most common problems lie in clarifying concepts and their terminologies.[4] Subsequently, follow-up meetings and feedback sessions were held in Paris, Portugal and Frankfurt.
In 1990, the FIPLV drafted a working document. In August 1991, the FIPLV organised a workshop in Pécs, Hungary. It was there that they managed to consolidate an agenda on fundamental principles for a UDLR. The Declaration was also discussed in December 1993, during a session of the Translations and Linguistic Rights Commission of the International PEN.[9]
At the beginning of 1994, a team was rooted to facilitate the process of writing the official document. About 40 experts from different countries and fields were involved in the first 12 drafts of the Declaration.[2] Progressively, there were continuous efforts in revising and improving the Declaration as people contributed ideas to be included in it.
Adoption
It was on 6 June 1996, during the World Conference on Linguistic Rights in Barcelona, Spain, that the Declaration was acknowledged. The Conference, which was an initiative of the Translations and Linguistic Rights Commission of the International PEN Club and the CIEMEN (Escarre International Center for Ethnic Minorities and the Nations), comprised 61 NGOs, 41 PEN Centers and 40 experts. The document was signed and presented to a representative of the UNESCO Director General.[2][7] However, this does not mean that the Declaration has gained approval.
Even so, there have been continuous efforts to bring the Declaration through as UNESCO did not officially endorse the UDLR at its General Conference in 1996,[10] and also in subsequent years, although they morally supported it.
As a result, a Follow-up Committee of the Universal Declaration of Linguistic Rights (FCUDLR) was created by the World Conference on Linguistic Rights. The FCUDLR is also represented by the CIEMEN, which is a non-profit and non-government organisation.[11] The main objectives of having a follow-up committee was to 1) garner support, especially from international bodies, so as to lend weight to the Declaration and see it through to UNESCO, 2) to maintain contact with UNESCO and take into account the many viewpoints of its delegates, and 3) to spread awareness of the UDLR and establish a web of support.[5]
Consequently, the committee started a Scientific Council consisting of professionals in Linguistic Law. The duty of the council is to update and improve the Declaration from time to time by gathering suggestions[7] from those who are keen on the issue of linguistic rights.
The following summarises the progress of the UDLR:
Contents and Themes
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Structure
The preamble of the Declaration provides six reasons underlying the motivations to promote the stated principles.
To ensure clarity in applicability across diverse linguistic environments, the declaration has included a preliminary title that addresses the definitions of concepts used in its articles (Articles 1–6).[7] Title One (Articles 7–14) lists general principles asserting equal linguistic rights for language communities and for the individual. Besides the main principles, the second title delves into an overall linguistic régime and is further divided into 6 sections. Section 1 (Articles 15–22) addresses language usage related to public administration and official bodies. Section 2 (Articles 23–30) touches on linguistic rights involving educational fields. Section 3 (Articles 31–34) defines linguistic rights concerning naming, while Section 4 (Articles 35–40) asserts the entitlement of language groups to mass media resources and new technologies. Section 5 (Articles 41–46) outlines the rights related to cultural artifacts. The last section of the second title, Section 6 (Article 47–52), touches on the individual or language group's rights in the socioeconomic sphere.
The Additional Dispositions call for the obligation of public powers to take measures ensuring the application of these rights and to inform other related bodies of these proclamations. As for the Final Dispositions, the founding of a Council of the Languages within the United Nations Organization is put forth, as well as the creation of a World Commission for Linguistic Rights, which is to be an unofficial, consultative council composed of experts in non-governmental organizations and those in the field of linguistic law.[12]
Opening Article
1. This Declaration considers as a language community any human society established historically in a particular territorial space, whether this space be recognized or not, which identifies itself as a people and has developed a common language as a natural means of communication and cultural cohesion among its members. The term language specific to a territory refers to the language of the community historically established in such a space.[12]
Reactions
One of the comments made was on the idealistic nature of the Declaration. As the Declaration considers all languages equal, it rejects terms such as 'official', 'regional' or 'minority' languages and strongly advocates the full use of all historic community languages.[4]
Drawing from the articles pertaining to the educational issues (Articles 25, 26 and 30), it is stated that the education system should fully support the development of their community languages and other languages they wish to know in schools to the point of fluency and capability to use it in all social situations. In addition, research on language and culture of language communities is to be done at the university level. It has been argued that the 'rights' stated in those articles will remain the privilege of powerful language communities.[13] The reason is that since the Declaration requires authorities to issue sanctions in the event of violation of the proclaimed rights, doubts have arisen regarding the likelihood of any government adopting the document.[14] Many governmental groups (other than the regional authorities in Spain such as Catalonia, Menorca and Basque) in most countries find it hard to reconcile these fundamental principles of the Declaration with their current language policies and practices.[4] There is a need to balance between regulations imposed by governments and the protection of the rights of the people in different language communities. Considerations such as acknowledging the primary human rights of minority peoples (e.g. issues of physical survival) are, instead, regarded as more dire than an issue like linguistic rights. Linguistic rights will hence be ignored before primary human rights can be properly attended to. Furthermore, the cost involved in executing sanctions is another cause of concern.[14] The main issue, however, is the fact that the article is not legally binding and duty-holders are never specified.[13]
Other responses include the issue that more rights are given to 'language communities' in the Declaration. In the context of education, it is observed that other than language communities (equivalent to 'national territorially based minorities'), those who do not fit under this category will have to 'assimilate', as having the right to education in the language of the territory does not necessarily equate to having the right to an education in one's own language.[13]
Developments
Efforts in Ratification
The Declaration is not constitutional and has not been ratified by the UN General Assembly, unlike the Universal Declaration of Human Rights. Despite the Follow-up Committee's publication of the text in 1998,[7] which was backed by letters of support from world leaders, UNESCO has not ratified the document.[3][10] On 19 April 2002, CIEMEN and International PEN convoked a summit during the World Congress on Language Policies in Barcelona. The FIPLV suggested that it would modify the Declaration so that it would be accepted and implemented. There were also further efforts to foster support for the UDLR through proposals and conferences in 2003.[10]
Since 2008, CIEMEN has been lobbying to place linguistic rights on the agenda of the states that are currently members of the United Nations Human Rights Council (UNHRC). Despite the positive responses to the document, member states perceived a lack of consensus on the matter and did not wish to be among the first to adopt the proposal. An event organised in Geneva in 2008, entitled Linguistic Rights to enhance Human Rights, which coincided with the Eighth Session of the UNHRC, aimed to garner support for a draft resolution for the UDLR to be presented at the September session of the UNHRC conference. Ambassadors from Mexico, Bolivia, Chile, Armenia and Nigeria expressed their support in a series of interviews. Later in September, the Advisory Committee of the UNHRC was called upon to take steps to present a proposal, in hopes that the UDLR could be added to the Universal Declaration of Human Rights.[15]
Girona Manifesto
The Girona Manifesto was developed by International PEN's Translation and Linguistic Rights in May 2011 to commemorate the fifteenth anniversary of the Declaration.[16] The Girona Manifesto is an updated version that condenses the primary principles of the UDLR to aid its implementation. In September 2011, the manifesto was ratified by the International PEN Assembly of Delegates at the 77th Congress.[17]
The content of the manifesto is based on the Universal Declaration's 10 central principles. In contrast to the comprehensive and complex declaration which plays an important role in the field of linguistics and politics, the manifesto is laid out in a concise and practical way, intended to be 'translated and disseminated as a tool to defend linguistic diversity around the world'. The goal is to bring attention to the issue of language rights back to the international agenda.[17][18]
It is thought to be an important step toward protecting and promoting all of the world's languages, including the ones at risk of extinction.[19] As John Ralston Saul, President of International PEN, mentioned, "[It] could give us a clear public document with which to defend and advance languages with smaller populations as well as endangered languages".[17]
On 5 March 2012, the Girona Manifesto and its translated versions were presented at an event organized by Catalan PEN Centre. It was held at the Palau de la Generalitat, Barcelona.[20] The manifesto has been translated in 32 languages to date.[21]
Text of the Girona Manifesto on Linguistic Rights
Linguistic diversity is a world heritage that must be valued and protected.
Respect for all languages and cultures is fundamental to the process of constructing and maintaining dialogue and peace in the world.
All individuals learn to speak in the heart of a community that gives them life, language, culture and identity.
Different languages and different ways of speaking are not only means of communication; they are also the milieu in which humans grow and cultures are built.
Every linguistic community has the right for its language to be used as an official language in its territory.
School instruction must contribute to the prestige of the language spoken by the linguistic community of the territory.
It is desirable for citizens to have a general knowledge of various languages, because it favours empathy and intellectual openness, and contributes to a deeper knowledge of one's own tongue.
The translation of texts, especially the great works of various cultures, represents a very important element in the necessary process of greater understanding and respect among human beings.
The media is a privileged loudspeaker for making linguistic diversity work and for competently and rigorously increasing its prestige.
The right to use and protect one's own language must be recognized by the United Nations as one of the fundamental human rights.[18]
Donostia Protocol
In 2016, a group of NGOs including some UDLR initiators has adopted Donostia Protocol to Ensure Language Rights, which refers to UDLR as a source of inspiration.[22]
1 2 3 Tove Skutnabb-Kangas (2000). Linguistic genocide in education, or worldwide diversity and human rights?. Mahwah, NJ: Lawrence Erlbaum Associates, Inc. p.543.
International human rights instruments are the treaties and other international texts that serve as legal sources for international human rights law and the protection of human rights in general. There are many varying types, but most can be classified into two broad categories: declarations, adopted by bodies such as the United Nations General Assembly, which are by nature declaratory, so not legally-binding although they may be politically authoritative and very well-respected soft law;, and often express guiding principles; and conventions that are multi-party treaties that are designed to become legally binding, usually include prescriptive and very specific language, and usually are concluded by a long procedure that frequently requires ratification by each states' legislature. Lesser known are some "recommendations" which are similar to conventions in being multilaterally agreed, yet cannot be ratified, and serve to set common standards. There may also be administrative guidelines that are agreed multilaterally by states, as well as the statutes of tribunals or other institutions. A specific prescription or principle from any of these various international instruments can, over time, attain the status of customary international law whether it is specifically accepted by a state or not, just because it is well-recognized and followed over a sufficiently long time.
The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the rights and freedoms of all human beings. Drafted by a UN committee chaired by Eleanor Roosevelt, it was accepted by the General Assembly as Resolution 217 during its third session on 10 December 1948 at the Palais de Chaillot in Paris, France. Of the 58 members of the United Nations at the time, 48 voted in favour, none against, eight abstained, and two did not vote.
Cultural diversity is the quality of diverse or different cultures, as opposed to monoculture. It has a variety of meanings in different contexts, sometimes applying to cultural products like art works in museums or entertainment available online, and sometimes applying to the variety of human cultures or traditions in a specific region, or in the world as a whole. It can also refer to the inclusion of different cultural perspectives in an organization or society.
The Copenhagen criteria are the rules that define whether a country is eligible to join the European Union. The criteria require that a state has the institutions to preserve democratic governance and human rights, has a functioning market economy, and accepts the obligations and intent of the European Union.
The Earth Charter is an international declaration of fundamental values and principles considered useful by its supporters for building a just, sustainable, and peaceful global society in the 21st century. Created by a global consultation process, and endorsed by organizations representing millions of people, the Charter "seeks to inspire in all peoples a sense of global interdependence and shared responsibility for the well-being of the human family, the greater community of life, and future generations." It calls upon humanity to help create a global partnership at a critical juncture in history. The Earth Charter's ethical vision proposes that environmental protection, human rights, equitable human development, and peace are interdependent and indivisible. The Charter attempts to provide a new framework for thinking about and addressing these issues. The Earth Charter Initiative organization exists to promote the Charter.
The United Nations Human Rights Council (UNHRC) is a United Nations body whose mission is to promote and protect human rights around the world. The Council has 47 members elected for staggered three-year terms on a regional group basis. The headquarters of the Council are at the United Nations Office at Geneva in Switzerland.
Freedom of information is freedom of a person or people to publish and consume information. Access to information is the ability for an individual to seek, receive and impart information effectively. This sometimes includes "scientific, indigenous, and traditional knowledge; freedom of information, building of open knowledge resources, including open Internet and open standards, and open access and availability of data; preservation of digital heritage; respect for cultural and linguistic diversity, such as fostering access to local content in accessible languages; quality education for all, including lifelong and e-learning; diffusion of new media and information literacy and skills, and social inclusion online, including addressing inequalities based on skills, education, gender, age, race, ethnicity, and accessibility by those with disabilities; and the development of connectivity and affordable ICTs, including mobile, the Internet, and broadband infrastructures".
Minority rights are the normal individual rights as applied to members of racial, ethnic, class, religious, linguistic or gender and sexual minorities, and also the collective rights accorded to any minority group.
The Vienna Declaration and Programme of Action (VDPA) is a human rights declaration adopted by consensus at the World Conference on Human Rights on 25 June 1993 in Vienna, Austria. The position of United Nations High Commissioner for Human Rights was recommended by this Declaration and subsequently created by General Assembly Resolution 48/141.
Human rights education (HRE) is the learning process that seeks to build up knowledge, values, and proficiency in the rights that each person is entitled to. This education teaches students to examine their own experiences from a point of view that enables them to integrate these concepts into their values, decision-making, and daily situations. According to Amnesty International, HRE is a way to empower people, training them so their skills and behaviors will promote dignity and equality within their communities, societies, and throughout the world.
The Euston Manifesto is a 2006 declaration of principles signed by a group of academics, journalists and activists based in the United Kingdom, named after the Euston Road in London where it had its meetings. The statement was a reaction to what the writers argued to be widespread violations of left-wing principles by others who were commonly associated with the Left. The manifesto states that "the reconfiguration of progressive opinion that we aim for involves drawing a line between forces on the Left that remain true to its authentic values, and currents that have lately shown themselves rather too flexible about these values".
Linguistic rights are the human and civil rights concerning the individual and collective right to choose the language or languages for communication in a private or public atmosphere. Other parameters for analyzing linguistic rights include the degree of territoriality, amount of positivity, orientation in terms of assimilation or maintenance, and overtness.
The Declaration on the Rights of Indigenous Peoples is a legally non-binding resolution passed by the United Nations in 2007. It delineates and defines the individual and collective rights of Indigenous peoples, including their ownership rights to cultural and ceremonial expression, identity, language, employment, health, education, and other issues. Their ownership also extends to the protection of their intellectual and cultural property. The Declaration "emphasizes the rights of Indigenous peoples to maintain and strengthen their own institutions, cultures and traditions, and to pursue their development in keeping with their own needs and aspirations." It "prohibits discrimination against indigenous peoples," and it "promotes their full and effective participation in all matters that concern them and their right to remain distinct and to pursue their own visions of economic and social development".
The Universal Declaration on Animal Welfare (UDAW) is a proposed inter-governmental agreement to recognise that animals are sentient, to prevent cruelty and reduce suffering, and to promote standards on the welfare of animals such as farm animals, companion animals, animals in scientific research, draught animals, wildlife and animals in recreation.
The Universal Declaration of Human Rights was drafted between early 1947 and late 1948 by a committee formed by the United Nations Commission on Human Rights. Further discussion and amendments were made by the Commission on Human Rights, the Economic and Social Council and the General Assembly of the United Nations.
Discussions of LGBT rights at the United Nations have included resolutions and joint statements in the United Nations General Assembly and the United Nations Human Rights Council (UNHRC), attention to the expert-led human rights mechanisms, as well as by the UN Agencies.
The Declaration of Human Duties and Responsibilities (DHDR) was written for reinforcing the implementation of human rights under the auspices of the UNESCO and the interest of the Office of the United Nations High Commissioner for Human Rights and was proclaimed in 1998 "to commemorate the 50th anniversary of the Universal Declaration of Human Rights"(UDHR) in the city of Valencia. Therefore, it is also known as the Valencia Declaration.
The right to science and culture is one of the economic, social and cultural rights claimed in the Universal Declaration of Human Rights and related documents of international human rights law. It recognizes that everyone has a right to freely participate in culture, to freely share in science and technology, and to protection of authorship.
The Universal Declaration on Cultural Diversity is a declaration adopted unanimously by the General Conference of the United Nations Educational, Scientific and Cultural Organization (UNESCO) at its thirty-first session on 2 November 2001. It calls on nations and institutions to work together for the preservation of culture in all its forms, and for policies that help to share ideas across cultures and inspire new forms of creativity. It interprets "culture" in a broad sense and connects the preservation of culture to central issues of human rights. It defines a role for UNESCO as a space in which different institutions can develop ideas on cultural diversity, which has been a theme of many of UNESCO's activities in the years since. The primary audience of the declaration includes UNESCO's member states as well as international and non-governmental bodies, but other organisations and individuals have also been inspired by it.
The Declaration and Programme of Action on a Culture of Peace was adopted by the United Nations General Assembly on September 13, 1999. This occurred after ten months of negotiations in the context of preparations for the International Year for the Culture of Peace.
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