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 Radziminski1 July 2013

Language and Culture

According to Jacques 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

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

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 Francophonie regional 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

Constitution of 1958 – Article 2

Toubon Law of 1994A 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

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

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 regional languages outside of educational setting

Policy assumes state to be guardian of national and cultural identity

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

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

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

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

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