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Definition of Belgian national minorities still causes disagreement - ratification of Framework Convention moving closer?

Brussels 11/09/02 , by Eva Blässar (eurolang.net)

The cultural association of ‘Arelerland a Sprooch’, which represents the Luxembourgeois-speaking population in the province of Luxembourg in Belgium, has declared their discontent with the Belgian government for the lack of recognition and specific legislation for the ‘Luxembourgophones’. Their open statement comes two weeks before the Parliamentary Assembly of the Council of Europe is due to debate and vote on the report on Belgian minorities, prepared by Swiss rapporteur Lili Nabholz-Haidegger of the Committee on Legal Affairs and Human Rights.

‘Arelerland a Sprooch’ estimates that there are 35,000 people in Belgium with knowledge of Luxembourgeois in the region around Arlon, which borders on the Grand Duchy of Luxembourg. Apart from asking the Belgian government to ratify the Framework Convention for the Protection of National Minorities, the association also calls for a ratification of Protocol 12 to the European Convention on Human Rights, and a signature and ratification of the Charter for Regional or Minority Languages.

Belgium signed the Framework Convention for the Protection of National Minorities in July 2001, but added two reservations to its future ratification: The Belgian Constitution cannot be affected; and an agreement has to be reached on the definition of national minorities.

The Council of Europe's Committee on Legal Affairs and Human Rights appointed Lili Nabholz-Haidegger rapporteur in April 2001, with the task to give clear definitions on what are the national minorities of Belgium. These definitions should work as a basis for a Belgian ratification of the Framework Convention.

After several visits to Belgium – meeting with representatives of all levels – as well as an expert opinion of the Venice Commission, Mrs Nabholz-Haidegger’s report was due to be discussed and voted upon in April 2002 on the Parliamentary Assembly spring session. However before the debate on the report could begin, a motion was carried in favour of sending the report back to the Committee on Legal Affairs and Human Rights (see Eurolang 24.4.02).

Over four months later - last week, the Committee adopted the report once more, and it is now ready to be presented to the Parliamentary Assembly a second time. This will happen on the 26th of September in Strasbourg.

Lili Nabholz-Haidegger’s findings in the report are clear: ‘The Assembly should find that the following groups are to be considered as minorities in Belgium within the context of the Framework Convention: at state level, the German-speaking community; at regional level, the French-speakers in the Dutch-language Region and in the German-language Region, and the Dutch-speakers and German-speakers in the French-language Region.’

This definition excludes the Luxembourgeois speakers, as well as the Walloon speakers - both are groups that claim minority status. According to Nabholz-Haidegger – who also met with representatives of both these groups - the aim of the Luxembourgeois’ is to allow the use of the language in Kindergarten, and to introduce bilingual German-French primary schools in the region. Luxembourgeois is a Germanic language.

‘It is not for me to judge whether ‘Walloon’ and ‘Luxembourgois’ are regional languages or dialects. However, there is another important Council of Europe legal instrument that might be able to afford appropriate protection to these communities: the Charter for Regional or Minority Languages. Its signature and ratification by the Kingdom of Belgium should be strongly recommended,’ says Lili Nabholz-Haidegger.

Albert Conter, President of ‘Arelerland a Sprooch’ is not satisfied with Mrs Nabholz-Haidegger’s declaration, and tells Eurolang that a ‘non-recognition of the Luxembourgophones as a national minority would constitute a serious discrimination’.

‘The recognition of the Luxembourgophones would primarily be of symbolic value for our region, which for more than 100 years have fought for an official recognition of their culture and language’, says Mr Conter.

And Mr Conter says that ‘Arelerland a Sprooch’ has support on a federal level for this: ‘Last Saturday I discussed the question of the Framework Convention with Federal Deputy Josy Arens, who is favourable to the idea that Luxembourgeois should be recognized as a national minority, because it fulfils the conditions of a ‘national minority’ proposed by Recommendation 1201 (1993). Arens is also favourable of a ratification of Protocol 12 to the European Convention on Human Rights, and a signature and ratification of the Charter for Regional or Minority Languages.’

Next week in the Belgian Parliamentary Committee of Foreign Affairs, Prime Minister Guy Verhofstadt will respond to interpellations by different Deputies regarding the Nabholz-Haidegger report.

Albert Conter tells Eurolang that he wishes to appeal to other European minorities for support in the case of the Luxembourgophones, and asks them to contact ‘Arelerland a Sprooch'. See Eurolang's attached links to this story to access the association's homepage. (EL)

If you want to support the "Luxembourgeophones", please send a mail to "Arelerland a Sprooch" : info@alas.be