France’s Linguistic Heritage : The Toubon Law and Regional Language Recognition

1. France’s Linguistic Heritage: The Toubon Law and Regional Language Recognition Presented by The Council of Europe On behalf of the European Charter for Regional or Minority Languages To the Ministère de la Culture et de la Communication Lauren Radziminski 1 July 2013

2. Language and Culture According toJacques Toubon, “the French language is ‘the cement of our national unity and a fundamental aspect of [French] heritage,’”1 French Language forms the foundation of France’s identity (national & cultural) Linguistic continuity and purity have been concerns since the 16th century. Protecting, Purifying, and Preserving the French Language has been the goals of governments in the Fifth Republic 1Quote from Anne Judge Linguistic Policies and the Survival of Regional Languages in France and Britain

3. Historical ContextLinguistic Policies and Establishment of Promotion and Preservation Institutions • 1539: Ordonances de Villers-Cottêrets: use of French in state and legal documents • 1966: Haut Comité pour la defense et l’expansion de la Langue Française : purification of French language • 1951: allowed regional languages to be studied • Only policy permitting studies outside of French • 1975: Bas-Lauriol Law : mandatory use of French and sanctioned for improper use • 1986: La Francophonie: coordination efforts to promote French language and culture throughout French speaking countries

4. Shift in Existing Policy Until President Sarkozy’s time, Presidents and Prime Ministers of the Fifth Republic supported policies that purified the French language, ensured continuity, and guaranteed it’s future Shift in attitudes towards regional languages. Emergence of approval to include regional dialects and Francophonieregional languages as part of French heritage Potential to recognize and incorporate regional languages as part of French linguistic policies Addition of 2008 amendment signals a move away from isolationism and a move towards cultural diversity

5. Constitution of 1958 – Article 2Toubon Law of 1994 A constitutional amendment passed in 1992 established The language of the Republic as French Coupling with this amendment, the Toubon1 law outlines the proper usage of the French language, including fines and penalties for improper usage. The Toubon law updated the existing Bas-Lauriol Law – softening the French language mandatory regulations on written and spoken advertisements, official documents, and packages 1Was named for the Cultural Minister of the time Jacques Toubon

6. Constitutional Law of July 23rd, 2008: Article 75-1 • An amendment adds Article 75-1 to the Constitution Regional languages form part of the French heritage

7. Toubon Law Content regulator – mandates when, where, and how French entities will use French language Closed public sphere – communication and information sharing must be done in French Way to to sustain collective French identity Privileges the French language over all others. No mandates for using foreign and regionallanguages outside of educational setting Policy assumes state to be guardian of national and cultural identity

8. Article 75 -1 Preserve heritage and cultures of regional dialects and minority languages French State needs to step-in to preserve non-traditional language heritage of citizens in Francophone countries Assumption: belief French state is best-suited entity to determine studies and programs in support of regional or minority language communities. Need for French State intervention – prior suppressive policies

9. Strengths and Weaknesses of Toubon Law • Strengths • States outright penalties for misuse or improper use of language • Guarantees French citizen the right to express themselves in French • Any foreign publication must possess a French summarization • Does not prevent use of regional languages • Weaknesses • Does not apply to products, documents, or specialties of foreign origin. Including events, conventions, seminars organized by foreigners • Applies only to public entities in France (schools, civil societies, government, workplaces, etc). Does not explicitly state use of French in private or personal use

10. Strengths and Weaknesses of Article 75-1 • Strengths • Recognizes minority languages in Francophone countries and regional dialects in France • Weaknesses • Vague definition of tangible and intangible items that will be included as heritage (linguistic, creative arts, education, heritage sites, media outlets – not spelled out) • Does not indicate if government funding will be used to support policy

11. Recommendations Change or clarify Article 2 of Constitution Clarification statement needed defining elements of regional languages that will be included in French heritage Ratify European Charter for Regional or Minority Languages Determine French government’s role and funding that will be allocated to support regional dialect or minority language studies, creative arts programs, revitalization programs, etc. Promote cultural diversity is in the collective interest of state, Francophone countries, and the world

12. Implications for French Language Including regional languages in Constitution will not erode French language or identity Opens door to cultural diversity from Francophone countries Enable greater rayonnement of French culture and language