Response on the Strategy for Ulster Scots Language, Heritage and Culture 2012

Introduction

  1. The Northern Ireland Human Rights Commission (‘the Commission’), pursuant to Section 69(1) of the Northern Ireland Act 1998, reviews the adequacy and effectiveness of law and practice relating to the protection of Human Rights. In accordance with this function the following statutory advice is submitted to the Department of Culture, Arts and Leisure (‘the Department’) in response to the Strategy for Ulster Scots Language, Heritage and Culture 2012.
  1. The Commission bases its position on the full range of internationally accepted human rights standards, including the European Convention on Human Rights as incorporated by the Human Rights Act 1998 and the treaty obligations of the Council of Europe and United Nations systems. The relevant international treaties in this context include;
  • The European Convention on Human Rights, 1950 (‘ECHR’) [UK ratification 1951];
  • The International Covenant on Civil and Political Rights, 1966 (‘ICCPR’) [UK ratification 1976];
  • The International Covenant on Economic, Social and Cultural Rights, 1966 (‘ICESCR’) [UK ratification 1976];
  • The United Nations Convention on the Rights of the Child, 1989 (‘UNCRC’) [UK ratification 1991];
  • European Charter for Regional and Minority Languages, 1992 (‘the Charter’) [UK ratification 2001];
  • Framework Convention for the Protection of National Minorities, 1993 (‘FCNM’) [UK ratification 1998];
  • UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions, 2005 [UK ratification 2007].
  1. The Northern Ireland Executive is subject to the obligations contained within these international treaties by virtue of the United Kingdom’s ratification. The Commission, therefore, advises that the Department ensures the proposed Strategy is scrutinised for full compliance with all international human rights standards.
  1. In addition to these treaty standards there exists a body of ‘soft law’ developed by various human rights bodies. These declarations and principles are non-binding but provide further guidance in respect of specific topic areas. The relevant standards in this context include;
  • United Nations Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, 1992;
  • The Hague Recommendations Regarding the Education Rights of National Minorities, 1996;
  • The Oslo Recommendations Regarding the Linguistic Rights of National Minorities, 1998;
  • The Lund Recommendations on the Effective Participation of National Minorities in Public Life, 1999;
  • Guidelines on the use of Minority Languages in the Broadcast Media, 2003;
  • The Ljubljana Guidelines on Integration of Diverse Societies, 2012.

Specific UK Commitments

  1. The Commission recalls the specific nature of this consultation, but recognises the commitment under the Belfast (Good Friday) Agreement 1998 to respect for all minority languages.
  1. The Commission advises that the Department consider the full range of international human rights law and standards in accordance with its statutory duty under s.26 of the Northern Ireland Act 1998.
  1. The Commission notes the commitment made by the UK Government in relation to Ulster Scots under the Belfast (Good Friday) Agreement 1998 which recognised;

“the importance of respect, understanding and tolerance in relation to linguistic diversity, including in Northern Ireland the Irish language, Ulster Scots and the languages of various ethnic communities”.[1]

  1. This commitment was reinforced under the Joint Declaration of the British and Irish Governments 2003 requiring the Government to;

“take steps to encourage support to be made available for an Ulster-Scots academy.”[2]

  1. The St. Andrews Agreement 2006 stated a commitment to enhance and develop the Ulster Scots language, heritage and culture. This was reinforced by an amendment to the Northern Ireland Act 1998 to include a statutory duty to adopt a strategy in relation to Ulster Scots.[3]

Applicable International Human Rights Standards

  1. The Commission recalls the protection of minority and regional languages in accordance with international law. The ICCPR, Article 27, states that;

“In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language.”

  1. In addition, the ICESCR protects the right to culture under Article 15(1)(a) which recognises the right to take part in cultural life. The Committee on Economic, Social and Cultural Rights has considered that culture encompasses;

“ways of life, language, oral and written literature, music and song, non-verbal communication, religion or belief systems, rites and ceremonies, sport and games, methods of production or technology, natural and man-made environments, food, clothing and shelter and the arts, customs and traditions through which individuals, groups of individuals and communities express their humanity and the meaning they give to their existence, and build their world view representing their encounter with the external forces affecting their lives”.[4]

  1. The Committee on Economic, Social and Cultural Rights has also referred to minorities and their right to;

“cultural diversity, traditions, customs, religion, forms of education, languages, communication media (press, radio, television, Internet) and other manifestations of their cultural identity and membership”.[5]

  1. The UNCRC makes provision for the protection of the rights of children belonging to minorities in respect of culture and language. Article 30 states that;

“In those States in which ethnic, religious or linguistic minorities or persons of indigenous origin exist, a child belonging to such a minority or who is indigenous shall not be denied the right, in community with other members of his or her group, to enjoy his or her own culture, to profess and practise his or her own religion, or to use his or her own language.”

  1. The UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions has among its objectives the creation of conditions for cultures to interact freely, to foster interculturality and to promote respect for diversity. In order to do so States should;

“provide opportunities for domestic cultural activities, goods and services among all those available within the national territory for the creation, production, dissemination, distribution and enjoyment of such domestic cultural activities, goods and services, including provisions relating to the language used for such activities, goods and services.”[6]

  1. The prohibition of discrimination on the grounds of language is guaranteed by international law which includes provisions in the ICCPR, ICESCR, UNCRC and the ECHR. The elimination of discrimination relating to the use of a minority language is further required for all languages under Article 7(2) of the European Charter for Regional or Minority Languages (‘the Charter’).
  1. The Council of Europe has published two specific instruments in relation to the promotion and protection of the rights of minorities; the Framework Convention for the Protection of National Minorities (‘FCNM’) and the Charter.
  1. The FCNM states, under Article 5(1), that;

“[t]he Parties undertake to promote the conditions necessary for persons belonging to national minorities to maintain and develop their culture, and to preserve the essential elements of their identity, namely their religion, language, traditions and cultural heritage.”

  1. The Charter requires a specified level of protection for a minority language which is commensurate with its status. Ulster Scots is a Part II language which requires compliance with Article 7 of the Charter. The UK is required to submit a State report on compliance with the Charter in respect of its regional and minority languages on a three-yearly basis. The Committee of Experts (‘COMEX’) provides detailed reports on compliance by State Parties.
  1. The UN Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities protects, inter alia, the right of minorities “to use their own language, in private and in public, freely and without interference or any form of discrimination”.[7] The Declaration further requires the State to protect the existence of linguistic minorities and encourage conditions for the promotion of that identity.[8]
  1. The Organisation for Security and Co-operation in Europe (‘OSCE’) has produced a number of documents which refer to the rights of a minority to use their own language and provide guidance on the implementation and integration of minority languages in various sectors of public life. The Ljubljana Guidelines on Integration of Diverse Societies recognise the importance of protecting and promoting minority language as a means to contribute to peace and stability. The guidelines suggest that;

“States should ensure that minorities enjoy sufficient support in maintaining and developing their linguistic identities. This can include guaranteeing the right to use minority or regional languages in private and family life and by supporting their use in private and in public.”

The Proposals

Human Rights

  1. The Commission notes the reference to the Charter throughout the consultation paper and welcomes the inclusion of human rights considerations at the consultation stage.

Separate Strategies

  1. The Commission notes that distinct consultation exercises are being undertaken with respect of the Ulster Scots and Irish languages; a change from previous proposals. The Commission welcomes this and recalls that COMEX concluded that “each regional or minority language should be protected and promoted according to its own situation”.[9] In this regard, the Commission notes the concerns raised by the Advisory Committee on the Framework Convention, in its third opinion on the United Kingdom, that the two minority languages will be treated on an equal footing despite their different needs.[10] The Commission endorses this position.

Status

  1. The proposed Strategy is broadly consistent with the UK’s obligation under Part II of the Convention. The Commission notes the significant proposals contained within the draft Strategy to promote the use of Ulster Scots through education, the media and public services.
  1. The Commission recalls the obligations of the NI Executive under Part II of the Charter and the intention to attain Part III Status for Ulster Scots under the Charter. While seeking to enhance and develop the integration of the language in Northern Ireland, it is important to ensure that such is not attempted to the detriment of compliance under Part II obligations.

Monitoring

  1. The Commission notes that the monitoring of the Strategy will reflect the reporting cycle of the Charter. The Commission recalls the lack of information provided in the UK’s third State report to the Advisory Committee on the FCNM in respect of Ulster Scots. The Commission previously raised concerns about this in its own parallel report[11].
  1. The COMEX has noted the important role which devolved institutions must play in promoting the use of indigenous minority languages. The Commission advises that the UK’s fourth State report is to be submitted to COMEX in May 2013. To enable COMEX to carry out its analysis of Ulster Scots, all necessary information must be provided. The Commission advises that such relevant information should be included in the UK’s next State Report.
  1. The Commission advises that the Department, in collaboration with the Executive, make relevant inputs into the reporting procedures of each of the relevant treaty bodies, to ensure that compliance across the range of human rights instruments can be assessed. The Commission recalls that the UK Reports for ICESCR, UNCRC and FCNM in 2014.

December 2012

Northern Ireland Human Rights Commission

Temple Court, 39 North Street

Belfast BT1 1NA

Telephone: (028) 9024 3987

Textphone: (028) 9024 9066

Fax: (028) 9024 7844

Email:

Website:

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[1] Belfast (Good Friday) Agreement 1998, Rights, Safeguards and Equality of Opportunity, para 3

[2] Joint Declaration by the British and Irish Governments 2003, para 30

[3] Northern Ireland Act 1998, s.28D(1) (by virtue of s.15 Northern Ireland (St. Andrews Agreement) Act 2006)

[4] Committee on Economic, Social and Cultural Rights, General Comment 21 on Right of everyone to take part in cultural life (2009) E/C.12/GC/21, para 13

[5] Ibid, para 32

[6] UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions 2005, Article 6(2)(b)

[7] UN Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, Article 2(1)

[8] Ibid, Article 1(1)

[9] Committee of Ministers, Application of the Charter in the United Kingdom, 2nd Monitoring Cycle, ECRML (2007) 2, para 32

[10] Advisory Committee on the Framework Convention for the Protection of National Minorities, Third Opinion on the United Kingdom (2011) ACFC/OP/III(2011)006, para 77

[11] Northern Ireland Human Rights Commission, Parallel Report to the Advisory Committee on the Framework Convention for the Protection of National Minorities (2011), para 11