The French and Spanish states 1789 and 1839/1876

1. 2008United Nations’International Year of LanguagesStanford UniversityDecember 349th Day of the Basque Language (1949-2008)

2. Language Policyof theSpanish and French States(1789-1975)Xabier IrujoUniversity of Nevada, RenoIñigo Urrutia University of the Basque Country2008

3. The French and Spanish states1789 and 1839/1876 • 1792:out of 28 million inhabitants only 3 million spoke French correctly (11%), as their first language. About 6 million people did not speak a word of French: Spanish and French had to be imposed. • The genesis of the French state after the Revolution in 1789 and the creation of Spanish state after the War of the Seven Years in 1839, carries the imposition of an excluding linguistic policy that accelerated the retreating of the Basque language. • Both states, strongly centralist, fed the idea on the unique language. The Convention of France declared, by mouth of its raised spokesmen, Monsieur Barère and Monsieur Grégoire, that the Basque language was a “Patois” and, therefore, the language of the antirevolutionary fanaticism and a brake for the development of the ideas of the Enlightenment, so that it had to disappear.

4. NationsinEurope

5. Primary laws against the Basque language in the French state • Report of the Committee of Public Salvation, Rapport Barère, on the convenience of using the French language solely. 1794. • Report of the National Convention, Rapport Grégoire, on the necessity of destroying every “patois” (regional languages) and of universalizing the French language. 1794. • Decree of the National Convention on the prohibition of writing the public documents in any language except in French. July 20, 1794. • Decree on the exclusive use of French language in education. November 17, 1794. • Law on the organization of the Primary Education of 28 March 1882. The Primary Education will be offered exclusively in French. Exclusion of any other language from the education system. • Order of the Inspector of the circumscription of Maule (Zuberoa) on the exclusion of the Basque language from education. Law Guizot of 1833. • Order of the prefect of the Low Pyrenees on the substitution of Basque by French in Primary Education. 1846. • Law Falloux of education by which the exclusive use of the French language in the schools is regulated. 1850. • Law Ferry by which the obligatory use of French in the education system, excluding any other, is stated. 1879-1882.

6. Primary laws against the Basque language in the Spanish state • Law Moyano of public instruction on the exclusion of the Basque language from the education system, “the Spanish grammar and the Spanish spelling by the Spanish Language Academy will be the unique and obligatory text in public education”. September 7, 1857. • Law for the profession of notary (article 25) on the exclusion of the Basque language from all the legal documents. May 28, 1862. • Real Order of Isabel the Second on the prohibition of theater representations in any other language but in Spanish. January 15, 1867.

7. BerpizkundeaThe Renaissance of the language • The loss of economic and political independence represented by the old Basque laws at the end of the Third Carlist War in 1876, caused a political and cultural movement, known as Basque cultural Renaissance extended until 1936, with an interval of eight years of Spanish fascist dictatorship (1923-1931). • In 1877, the “Asociación Eúskara de Pamplona” arose in Navarre and in 1896 Sabino Arana Goiri (1865-1903) founded the Basque Nationalist Party. • A blossoming age of the Basque language and literature takes place: the printings of books written in Basque was remarkably increased, the first magazines in Basque language came to light, the first schools in Basque were created, the Society of Basque Studies and the Academy of the Basque Language were founded, multitude of Basque literary contests were impelled. • Resurrection Maria Azkue (1864-1951) and Arturo Campion (1854-1937) are the two main linguistics of the time.

8. Book Published in Basque1700-1875

9. IkastolakThe first Basque schools • In spite of being illegal, in 1914 the first Ikastola, with the name of “Koruko Andra Mari” was opened in Donostia by Mrs. Muñoa. Students learnt completely in Basque from 3 to 12 years. • Following the example of Muñoa many other Ikastola opened its doors, Tolosa (1922), Errenteria (1928), Soraluze (1932), Bergara (1932), Iruñea (Pamplona) (1932) or Lizarra (Estella) (1932).

10. Eusko IkaskuntzaAcademy of the Basque Culture • In 1918 Eusko Ikaskuntza, the Society of Basque Studies, was created in Oñati. Angel Apraiz (1885-1956) inspired by the works of Luis Luciano Bonaparte in Baiona in 1857 was its promoter. Between its foundation in 1918 and the outbreak of the war in 1936 the society organized five National Congresses. • In the first meeting of the society arose the idea of the urgent creation of an Academy for the Basque Language which would impel the development of euskara and channel the process of normalization of the language.

11. EuskaltzaindiaAcademy of the Basque language • Created in 1919 • Resurreccion Maria Azkue was the first president of the Academy. • Euskaltzaindia has developed a fundamental role in the process of normalization or standardization of the Basque language that took place in 1968. • The prior step to the political recognition of a language and the rights of the speakers.

12. Fascist dictatorship (1923-1931) • Royal decree on the measures and sanctions against separatism. Article second on the exclusion of Basque language from any official act. September 18, 1923. • Order of the Ministry of Public Instruction and Beautiful Arts on the exclusion of Basque from education. 1923. • Real Order on the exclusion of Basque from education. October 27, 1924. • Real Order on the confiscation of all the books written in Basque. October 13, 1925. • Royal decree on the sanctions to the teachers who do not use Spanish language or Castilian at school. June 11, 1926. • Royal decree on the exclusion of the regional languages from official books of registries, official acts and communications. June 9, 1930.

13. War: 1936-1937 • Bombings and machine-gunning of Durango and Gernika in March and April 1937 by the Condor Legion sent by Adolf Hitler. • Nearly 150,000 Basque people went to exile. • Among them more than 32,000 children had to leave the country by boat in spring and summer 1937. • Nearly 20,000 executions ordered by new regime in the Basque Country between June of 1936 and autumn of 1937. Among many others Lauaxeta and Aitzol died shot against the wall.

14. Basque is forbidden • Order by the Military commandant of Lizarra (Estella) prohibiting the word “agur” (meaning “good bye” in Basque). September 25, 1936. • Order by the Governor of Bizkaia and Gipuzkoa on the prohibition of the use of the Basque calligraphy so the characters “k”, “tx” and “b”. December 7, 1936. • Circular on the imposition of sanctions to anyone infringing the disposals on the prohibition to speak any language or dialect different from Spanish language or Castilian. May 29, 1937. • Order by the Commandant’s office on the prohibition of using the Basque language at church after the eight o’clock in the morning. June 1, 1937. • Order on the prohibition of using names with separatist meaning like “Iñaki” and “Kepa”. May 21, 1938. Official Bulletin of the State, May 26, 1938. • Circular of the Civil Governor of Gipuzkoa on the use of Basque names. October 30, 1940. • Communication 2486 by the 4th office of the Civil Government of Bizkaia, requiring to the relatives and proprietors of the tombs or pantheons where inscriptions in Basque are written, to retire them from the slabs and to replace them by others written in Spanish. October 27, 1949. • Law on primary education of February 2, 1967. Article 7 on the exclusion of any language not being Castilian from education.

15. Books per year • The number of editions in Basque constantly grows from 1850 to 1915. • From 1850 to 1875, 309 (12,3 a year) • From 1876 to 1895, 403 (21,2 a year) • From 1896 to 1915, 426 (22,4 a year) • From 1916 to 1935, 593 (31,2 a year) • After the military rising of 1936 and due to the prohibitions and to the services of the Office of Censorship imposed by the new regime, the work production in Basque stops almost completely. In fact, until 1945 the indexes of Basque editions went back to those of principles of 19th century, that is to say, an average of less than10 books a year. • The great majority of books published in Basque up to 1950 are printed in the French state or in America. • From 1936 to 1975 a total of 1,733 books are published in Basque.

16. Sociological Prosecution of the Language • Basque is dying: there is nothing to do. • The reason is internal: lack of capability of the language to survive due to its grammar. • The Basque language is not a culture language: it is only useful for family life • Peoples and cultures are culturally superior and inferior: Spanish and French are superior to the Basque language. • It is very difficult to learn Basque and that’s due to the fact that is prehistoric, not useful anymore. • Basque cannot develop so it will die: it is a fossil language. • We should not try to keep it alive: it is a natural death. • To think or to speak in Basque is dangerous: it makes people nationalist, Catholic and fanatical.

17. Erbesteko Ikatolak

18. The Franco years (1937-1975) • Minoritization process • Building the Spanish Totalitarian State: • Political and legal uniformitarian process • Linguistic diversity as a threat • Dictatorship of Franco (1936-1976) • Repression policy against the diversity • Systematically ignoring human rights and the most elementary rules of democracy • Prohibition (public / private arenas) / Penalty • Harmful effects

19. The Franco years (1937-1975)Basque language in exile • Key figures of the Basque literature in exile: Nicolas Ormaetxea “Orixe” (1888-1961), Jokin Zaitegi (1906-1979) and Telesforo Monzon (1904-1981). • In 1943 the Department of Basque Studies is created by Bingen Ametzaga (1901-1969) in the Universidad de la República in Montevideo (Uruguay). Basque language and Basque culture are taught for 12 years. • Euskaltzaleak groups organized the first Euskara Eguna, Day of the Basque Language, in 1949. • The translation into Basque has a special relevance during the exile years in order to organize grammatically a normalized Basque language: Euzko Gogoa magazine. • EKIN publishing house was created in Buenos Aires (Argentina) by Andrés Irujo and Ixaka López Mendizabal in 1942. • Basque schools in exile: in 1962 Euzkadi Ikastola (Caracas, Venezuela).

20. Euzkadi IkastolaVisit of Senator Frank Church in 1972Chairman of the Foreign Committee of the US Senate

21. Resistance • In spite of the prohibitions, in 1955 the first Ikastolas of the postwar period started opening their doors in Gipuzkoa. Obviously illegal, the first of them was just a small academy founded on 1944 in her own house by Elvira Zipitria, an old teacher at “Koruko Andra Mari Ikastola” in Donostia. • This initiative was immediately followed by many others and, at the early Sixties, tens small Basque schools or day-care centers in which the youngest could learn Euskara were founded all over the Basque Country. This way were founded the first Ikastolas in Bilbao (1957), Iruñea (Pamplona) (1963), Gasteiz (Vitoria) (1966) or Baiona (1969). • In 1969 “Gipuzkoako Ikastolen Elkartea” (Federation of Ikastolas of Gipuzkoa) was created in order to face the constant political and administrative problems that supposed to maintain these centers open. • The aid and the shelter of the Church was fundamental during these first years, in fact, many of these first schools were lodged in old monasteries or seminaries in disuse let free for this purpose. • In 1964 there were around 596 students at these Basque schools and, only six years later, in 1970 about 8.255.

22. Normalization of the Basque language (1968) • The language normalization demanded that from all the Basque dialects one should be taken as an axis for the common Basque language “Gipuzkera osotua” or “euskara osotua” or, as it was denominated later “euskara batua” (unified Basque language). • The linguistic model for the standarization of the language took place in the meeting of Euskaltzaindia in 1968 in the sanctuary of Arantzazu, during years cradle on defense of Basque language in Euskal Herria, • To the theses of Federico Krutwig (1921-) of modeling a literary Basque language based on the dialect of Lapurdi and, more concretely, on works by authors of the Sara school of the 17th century, Koldo Mitxelena or Luis Villasante (1920-) defended the thesis of building the common Basque language on the base of the dialects from the center of Euskal Herria, fundamentally on the one of Gipuzkoa and Navarre, but also enriched with contributions of the rest of the Basque dialects. On the other hand, these authors defended a Euskara closest to the popular and contemporary speech. • The thesis of Azkue of adopting the Gipuzkoan dialect as a base for the unified language definitively overcame.

23. End of Dictatorship in 1975Recognition of Language Rights • All the citizens of the Basque Country have the right to know and to use both official languages, as much orally as in writing • The following fundamental language rights are recognized to the citizens of the Basque Country: • Right to communicate in Spanish or in Basque, orally and/or in writing, with the Administration and with any Organism or Organization within the Basque Autonomous Community. • Right to receive education in both official languages. • Right to receive periodic publications, to listen to radio or TV programs and other mass media in Basque. • Right to develop professional, labor, political and union activities in euskera. • Right to express in euskera at any meeting. • The public administration public will guarantee the exercise of these rights, in the territory of the Basque Autonomous Community, in order them to be effective and real

24. Legal Status of the Basque Language in theBasque Autonomous Communityand in the Historical Community of Navarre(1975-2008) Iñigo Urrutia University of the Basque Country Xabier Irujo University of Nevada, Reno 2008

25. Basque Language Policy • Factors • Sociolinguistic situation • Language contact: Basque / Spanish • Imbalanced weight • Number of speakers • Social or communicative functions • Sociopolitical factor • Social agreement: Basque Language Normalization Act (10/1982 Act BAC) • Way to achieve the “normalization”

26. Language competence BAC & HCN Survey on more than 16 years old speakers. Aprox. 3,000,000 people

27. Development of LanguageFull Bilinguals

28. Sociopolitical Agreement • 1980 BAC / 1986 HCN • Principle of linguisticseparation • Education (freedom of language) • Administration: language groups / two columns (Basque/Spanish) • Media: language channels (Basque/Spanish) • Language freedom • Progress • Integration vs. Segregation • New challenges

29. Spanish Constitution of 1978 • Decentralization process: political autonomy (two separated Autonomous Communities) • BASQUE AUTONOMOUS COMMUNITY • HISTORICAL COMMUNITY OF NAVARRE • Article 3 [Official Language] Spanish Constitution (SP) (1) Castilian is the official Spanish language of the state. All Spaniards have the duty to know it and the right to use it.(2) The other languages of Spain will also be official in the respective autonomous communities, in accordance with their Statutes. (3) The richness of the linguistic modalities of Spain is a cultural patrimony which will be the object of special respect and protection.

30. Statute of Autonomy of Catalonia2006 (Organic Law 6/2006) • Article 6 [Catalonia’s Own Language and Official Languages] (SAC) “Catalan is the official language of Catalonia, together with Castilian, the official language of the Spanish State. All persons have the right to use the two official languages and citizens of Catalonia have the right and the duty to know them. The public authorities of Catalonia shall establish the necessary measures to enable the exercise of these rights and the fulfilment of this duty. In keeping with the provisions of Article 32, there shall be no discrimination on the basis of use of either of the two languages.” • Constitutional Court: Pending Decision

31. Statute of Autonomy for the Basque Country (Organic Law 3/1979) Gernika Statute • Article 6 [official languages] SABC (1) Euskara, own language of the Basque People, will have as does Spanish, official status in the Basque Country, and all its inhabitants will have the right to know and use both languages. (2) The common institutions of the Autonomous Community, taking into account the sociolinguistic diversity in the Basque Country, will guarantee the use of both languages, regulating their official status and they will arbitrate and regulate the measures and resources required to assure its knowledge. (3) Nobody can be discriminated against for reasons of language use.

32. Legal status of Basque • Shared official status. • Equal formal status: equality of languages • Language rights and duties: • Validity and legal effectiveness • Citizens’ basic right to use Basque or Spanish • SCC Decision 82/1986: subjective public right • Active / passive • SCC Decision 337/1994: school duty to learn Basque • No discrimination on language grounds • Language choice can not be a discrimination factor • Context of inequality of languages • Positive actions • Language requirements

33. Basque and Public Administrations • Basque Language Normalization Act (10/1982 Act) • Right to use Basque or Spanish • SCC Decision 82/1986: (…) The fact that the whole procedure can be done in Basque is the natural consequence of the official nature of this language in the BAC, which leads to efficacy within its field of the actions carried out in it”. • Right to be attended in the official language of choice (progressively) • System of Language Profiles (LP) • References: federal administration in Canada • Linguistic characterization of each job: LP • Rate of compulsory LP: Percentage of Basque speakers = Percentage of Basque speaking civil servants • Constitutional Court: support • Courts of Justice: legal controversy: effects

34. Status of Basque in Navarre • Statute of Autonomy (LORAFNA) Art.9 (1) Spanish is the official language in Navarre. (2) Vascuence [Basque language] will also have official status in Basque speaking areas of Navarre. A law will determine these areas, regulate the official use of Basque, and within the framework of the State general legislation, organize teaching of this language. • Characteristics: • Absence of the symbolic identity-based elements. • Spanish language as the official language of Navarre. • Zoning regime regarding the official status of Basque

35. Language zoning in Navarre

36. Foral Law 18/1986, 15 December, on Basque in Navarre • Basque speaking area: double official status regime (Basque and Spanish) • right to use both • right to be attended • Mixed area: • No official status • Official uses (active use/not passive) • Non-Basque speaking area • No effects • No language rights

37. State Administration located in the Autonomous Communities • Basque Language Normalization Act (BLNA) 3rd Additional Disposition: • Basque Government will promote, in accordance with the competent bodies, the adoption of measures tending towards progressive normalization of the use of Basque in state administration • Central agencies of State Administration: unilingual • No significant progress • No language requirement • Police • Post Service and other relevant civil services

38. Courts of Justice • Citizens: Right to use the Basque language • Judges: use Spanish language (Judicial Power Organic Law, Art. 231) • No obligation for knowing Basque • Judges should use Spanish; can use Basque • Impossible a trial totally in Basque • The mechanism provided: Interpreters • Problems • Questions: • The same mechanism applied to foreigners (guarantee fair trial) • Official status – Fundamental right for a fair trial

39. Recommendation of the Council of Europe to Spain, 2005 “The Committee of Ministers, in accordance with Article 16 of the European Charter for Regional or Minority Languages; Recommends that the authorities of Spain take account of all the observations of the Committee and, as a matter of priority: 1.- take the necessary legal and practical measures needed to ensure the implementation of the undertakings under article 9 of the Charter, in particular by ensuring that an adequate proportion of the judicial staff posted in the autonomous communities concerned by the application of Article 9 of the Charter has a working knowledge of the relevant languages.”

40. Education • Principle of freedom to choose the language (Art 15 BLNA) • Linguistic segregation: language models • Model X: Spanish (English) • Model A: Spanish (Basque and English) • Model B: Basque and Spanish (English) • Model D: Basque (Spanish and English)

41. Development of models

42. Evaluation of bilingual education • Constitutional Court Decision 87/1983; CCD 88/1983; CCD 337/1994 • Official character of both languages: and “this naturally supposes that both languages must be taught in schools in the BAC with the intensity that means this target can be met” • Linguistic Competence Evaluation: • Basque: Good results in Model D (Poor results in Models B & A) • Spanish: No significant differences • English: Best results in Model D; good results in B; poorer in A • Risk of guettization of Model A (Spanish Speaking Immigration) • New law project concerning language policy in education • Language autonomy to schools (at least %60 in Basque)

43. Language Rights in Education in Navarre • Basque Speaking area: • Right to choose the official teaching language • Model D (Basque), Model A (Spanish), Model B (Mixed). • Mixed area • Learning Basque is not compulsory • Four models: Model G, Model A, Model B, Model D • Non Basque Speaking area • Education in Basque is not regulated (outlawed) • Incomprehensible and anachronistic situation from a democratic perspective

44. Conclusion • Heterogeneity of situation and legal regimes • Double official status: • Formal Equality of Languages: freedom of language use • Differences between both languages: Official but non-normalized language • Affirmative Action: • Positive Discrimination: to achieve real equality in an unbalanced situation • Language Planning • Navarre: need to rethink the language policy • restrictive character • International Law • Objective • Respect for language rights • Language integration

45. Euskara in education at the present

46. Ghettization of the HCN

47. Progression Full BilingualsBAC / Navarre (Sociolinguistic Survey, 2008)