The EFAy cautiously welcomes the new proposed amendment to the French Constitution, recognising that the 'regional' languages of the French state are part of the heritage of France.

The new amendment was voted in favour of by the Assemblée Nationale of France on the 22nd May 2008 and although still needs approval by the Senate, it is expected that it will be accepted. However, the amendment only applies to Article 1 of the Constitution and not to the much disputed Article 2, which states that the language of the Republic is French.

The amendment comes after only a couple of weeks since the Assemblée Nationale debated the 'regional' languages of France for the first time on May 7th, where the centralist position of the French state, with regard to its 'regional' languages, was reinforced. During the 7th May debate, the French Culture Minister, Christine Albanel, stated that France would not ratify the European Charter for Regional or Minority Languages, because it would be unconstitutional.

Also this week France was criticised by the United Nations for failing to give appropriate support and recognition to its 'regional' languages. The United Nations Committee on Economic, Social and Cultural Rights said:

"29. The Committee remains concerned about the lack of official recognition of minorities within the territory of the State party. With specific regard to cultural rights, the Committee further notes with concern that some of these rights are not respected - such as the right to use a minority language, which can only be exercised in community with other members of the minority group.

30. The Committee notes with concern that the State party has not made sufficient efforts in the field of preservation and promotion of regional and minority languages and cultural heritage. The Committee also notes that the absence of formal recognition of regional and mminority languages has contributed to the constant decline in the number of speakers of such languages."

The Committee went on to recommend:

"49. The Committee, while taking note that the recognition of minority groups or collective rights is considered by the State party to be incompatible with its Constitution, wishes to reiterate that the principles of equality before the law and prohibition of discrimination are not always adequate to ensure the equal and effective enjoyment of human rights, in particular economic, social and cultural rights, by persons belonging to minority groups. The Committee therefore recommends that mthe State party consider reviewing its position with regard to the recognition of minorities under the Constitution, and recognise officially the need to protect the cultural diversity of all minority groups under the jurisdiction of the State party, in accordance with the provisions of article 15.

In this regard, the Committee reiterates the recommendation formulated in its previous concluding observations (E/C.12/1/Add.72, para. 25) that the State party (i) withdraw its reservation to article 27 of the International Covenant on Civil and Political Rights and to article 30 of the Convention on the Rights of the Child and (ii) consider ratifying the Council of Europe Framework Convention for the Protection of National Minorities, as well as the European Charter for Regional or Minority Languages."

The full report can be found here and the full text of the International Covenant on Economic, Social and Cultural Rights can be found here.