The French Constitutional Council as the Rottweiler of the Republican Ideal in the Language Field: Does Jurisprudence Really Reflect Reality? EDAP 03/2012, 2012

France is known for being a champion of individual rights as well as for its overt hostility to any form of group rights. Linguistic pluralism in the public sphere is rejected for fear of babelization and Balkanization of the country. Over recent decades the Conseil Constitutionnel (CC) has, together with the Conseil d’État, remained arguably the strongest defender of this Jacobin ideal in France. In this article, I will discuss the role of France’s restrictive language policy through the prism of the CC’s jurisprudence. Overall, I will argue that the CC made reference to the (Jacobin) state-nation concept, a concept that is discussed in the first part of the paper, in order to fight the revival of regional languages in France over recent decades. The clause making French the official language in 1992 was functional to this policy. The intriguing aspect is that in France the CC managed to standardise France’s policy vis-à-vis regional and minority languages through its jurisprudence; an issue discussed in the second part of the paper. But in those regions with a stronger tradition of identity, particularly in the French overseas territories, the third part of the paper argues, normative reality has increasingly become under pressure. Therefore, a discrepancy between the ‘law in courts’ and the compliance with these decisions (‘law in action’) has been emerging over recent years. Amid some signs of opening of France to minorities, this contradiction delineates a trend that might well continue in future.

Housing and property restitution and IDP return in Kosovo

The establishment of the Housing and Property Directorate (HPD) and Claims Commission (HPCC) in Kosovo has reflected an increasing focus internationally on the post-conflict restitution of housing and property rights. In approximately three years of full-scale operation, the institutions have managed to make a property rights determination on almost all of the approximate 30,000 contested residential properties. As such, HPD and HPCC are being looked to by many in other post-conflict areas as an example of how to proceed. While the efficiency of the organizations is commendable, one of the key original goals - the return of displaced persons to their homes of origin - has to a large degree been left aside. The paper focuses on two distinct failures of the international community with respect to the functioning of HPD/HPCC and its possible effect on returns: a failure of coordination between HPD/HPCC and other organizations working on returns, and the isolation of residential property rights determinations from other aspects of building a property rights-respecting culture in Kosovo.

Globalization and multilingualism: the case of the UK

Although linguistic diversity has always been a defining feature of the British Isles, it has assumed new proportions in recent years, a period during which the transnational flow of people has been accompanied by a corresponding flow of languages. This paper charts the changing nature of diversity and the adaptations to which it has given rise on the part of both the host community and speakers of minority languages.

Political economy of state-building: power after peace

The purpose of this volume is to examine and evaluate the impact of international state-building interventions on the political economy of post-conflict countries over the last 20 years. It analyses how international interventions have shaped political and economic dynamics and structures – both formal and informal – and what kind of state, and what kind of state-society relations have been created as a result, through three different lenses: first, through the approaches taken by different international actors like the UN, the International Financial Institutions, or the European Union, to state-building; second, through detailed analysis of key state-building policies; and third, through a wide range of country case studies. Amongst the recurring themes that are highlighted by the book’s focus on the political economy of state-building, and that help to explain why international state-building interventions have tended to fall short of the visions of interveners and local populations alike are evidence of important continuities between war-time and “post-conflict” economies and authority structures, which are often consolidated as a consequence of international involvement; tensions arising from what are often the competing interests and values held by different interveners and local actors; and, finally, the continuing salience of economic and political violence in state-building processes and war-to-peace transitions. The book aims to offer a more nuanced understanding of the complex impact of state-building practices on post-conflict societies, and of the political economy of post-conflict state-building.

Statebuilding and governance: the conundrums of legitimacy and local ownership

The chapter explores the role of legitimacy in statebuilding. It first explores the concept of legitimacy and why it matters for successful statebuilding; it surveys how international statebilding efforts have tried to strengthen the legitimacy of post-conflict states; and examines the practices of local ownership in statebuilding, and how they relate to legitimation efforts.

Foreign credit: travel writing and authenticity in the dutch translation of The memoirs and travels of Mauritius Augustus, Count de Benyowsky (1790)

This article explores the translation and reception of the Memoirs and Travels (1790) of Count Mauritius Augustus Benyowsky (1746-86) in the Netherlands, and examines the complications, tensions and problems that transfer between a major and a more minor European language involves. I analyse how the Dutch translator Petrus Loosjes Adriaanszoon positioned himself as a mediator between these very different source and target cultures and ask how he dealt with the problems of plausibility and ‘credit’ which had beleaguered the reception of the Memoirs and Travels from the outset. In this article I am concerned to restore minority languages to the discussion of how travel literature circulated in Western Europe at the close of the eighteenth century and to demonstrate how major/minor language translation was central to the construction of Dutch-language culture in the Low Countries in this period.

Diversity lessons from Wales: how marketing bilingualism contributes to language shift and language maintenance

Wales is one of the constituent nations of the United Kingdom. While sharing much of its political and social history with England, Scotland, and Northern Ireland, it has retained a distinct cultural identity.In particular, over 560,000 people, a significant minority of the population of 2.2 million, speak Welsh, a member of the Celtic family of languages, and the country is officially bilingual. In this paper, we will look at attempts to maintain and grow the number of speakers of the language and at the relevance of this development for speakers of minority languages in other settings.

Whose peace? Local ownership and UN peacebuilding

In recent years, there has been an increasing emphasis on the participation of national actors in United Nations peace operations, reflecting what has become a near orthodox commitment to ‘local ownership.’ Advocates of local ownership assert that it: (1) increases the legitimacy of UN peacebuilding efforts; (2) increases the sustainability of peacebuilding activities after the departure of the UN; and (3) increases democratic governance in post-conflict states. While such thinking about local ownership has informed UN peacebuilding policy to a large extent, the UN has, to date, assumed these positive benefits without critically examining the causal mechanisms that allegedly produce them, specifying the conditions under which this correlation holds, or providing convincing evidence for these assertions. Moreover, exactly what local ownership is, what is being owned, and who local ‘owners’ are remain unclear. Indeed a closer examination of ownership’s relation with legitimacy, sustainability, and democratization reveal a plethora of contradictions that imply that local ownership may in fact decrease the UN’s ability to deliver peacekeeping results. Crucially, however, the UN persists in adopting a local ownership approach to peacebuilding, suggesting that it does so because it is normatively appropriate rather than operationally effective.

The Evolution of a Responsibility to Protect in Africa : The African Unions Emerging Peace and Security Regime

The thesis focuses on, and tries to evaluate, the role that the African Union (AU) plays in protecting the peace and security on the African continent. The thesis takes an interdisciplinary approach to the topic by both utilizing international relations and international law theories. The two disciplines are combined in an attempt to understand the evolution of the AU’s commitment to the pragmatist doctrine: responsibility to protect (R2P). The AU charter is considered to be the first international law document to cover R2P as it allows the AU to interfere in the internal affairs of its member states. The R2P doctrine was evolved around the notion of a need to arrive at a consensus in regard to the right to intervene in the face of humanitarian emergencies. A part of the post-Cold War shift in UN behaviour has been to support local solutions to local problems. Hereby the UN acts in collaboration with regional organizations, such as the AU, to achieve the shared aspirations to maintain international peace and security without getting directly involved on the ground. The R2P takes a more holistic and long-term approach to interventions by including an awareness of the need to address the root causes of the crisis in order to prevent future resurrections of conflicts. The doctrine also acknowledges the responsibility of the international community and the intervening parties to actively participate in the rebuilding of the post-conflict state. This requires sustained and well planned support to ensure the development of a stable society.While the AU is committed to implementing R2P, many of the AU’s members are struggling, both ideologically and practically, to uphold the foundations on which legitimate intervention rests, such as the protection of human rights and good governance. The fact that many members are also among the poorest countries in the world adds to the challenges facing the AU. A lack of human and material resources leads to a situation where few countries are willing, or able, to support a long-term commitment to humanitarian interventions. Bad planning and unclear mandates also limit the effectiveness of the interventions. This leaves the AU strongly dependent on regional powerbrokers such as Nigeria and South Africa, which in itself creates new problems in regard to the motivations behind interventions. The current AU charter does not provide sufficient checks and balances to ensure that national interests are not furthered through humanitarian interventions. The lack of resources within the AU also generates worries over what pressure foreign nations and other international actors apply through donor funding. It is impossible for the principle of “local solutions for local problems? to gain ground while this donor conditionality exists.The future of the AU peace and security regime is not established since it still is a work in progress. The direction that these developments will take depends on a wide verity of factors, many of which are beyond the immediate control of the AU.

Immigration, security and the public debate on US language policy : a critical discourse analysis of language attitudes in the United States of America

The narrative of the United States is of a "nation of immigrants" in which the language shift patterns of earlier ethnolinguistic groups have tended towards linguistic assimilation through English. In recent years, however, changes in the demographic landscape and language maintenance by non-English speaking immigrants, particularly Hispanics, have been perceived as threats and have led to calls for an official English language policy.This thesis aims to contribute to the study of language policy making from a societal security perspective as expressed in attitudes regarding language and identity originating in the daily interaction between language groups. The focus is on the role of language and American identity in relation to immigration. The study takes an interdisciplinary approach combining language policy studies, security theory, and critical discourse analysis. The material consists of articles collected from four newspapers, namely USA Today, The New York Times, Los Angeles Times, and San Francisco Chronicle between April 2006 and December 2007.Two discourse types are evident from the analysis namely Loyalty and Efficiency. The former is mainly marked by concerns of national identity and contains speech acts of security related to language shift, choice and English for unity. Immigrants are represented as dehumanised, and harmful. Immigration is given as sovereignty-related, racial, and as war. The discourse type of Efficiency is mainly instrumental and contains speech acts of security related to cost, provision of services, health and safety, and social mobility. Immigrants are further represented as a labour resource. These discourse types reflect how the construction of the linguistic 'we' is expected to be maintained. Loyalty is triggered by arguments that the collective identity is threatened and is itself used in reproducing the collective 'we' through hegemonic expressions of monolingualism in the public space and semi-public space. The denigration of immigrants is used as a tool for enhancing societal security through solidarity and as a possible justification for the denial of minority rights. Also, although language acquisition patterns still follow the historical trend of language shift, factors indicating cultural separateness such as the appearance of speech communities or the use of minority languages in the public space and semi-public space have led to manifestations of intolerance. Examples of discrimination and prejudice towards minority groups indicate that the perception of worth of a shared language differs from the actual worth of dominant language acquisition for integration purposes. The study further indicates that the efficient working of the free market by using minority languages to sell services or buy labour is perceived as conflicting with nation-building notions since it may create separately functioning sub-communities with a new cultural capital recognised as legitimate competence. The discourse types mainly represent securitising moves constructing existential threats. The perception of threat and ideas of national belonging are primarily based on a zero-sum notion favouring monolingualism. Further, the identity of the immigrant individual is seen as dynamic and adaptable to assimilationist measures whereas the identity of the state and its members are perceived as static. Also, the study shows that debates concerning language status are linked to extra-linguistic matters. To conclude, policy makers in the US need to consider the relationship between four factors, namely societal security based on collective identity, individual/human security, human rights, and a changing linguistic demography, for proposed language intervention measures to be successful.

Processes of feelings in a society with a violent past : A qualitative study of the communication for Societal healing in the Truth Commissions in East Timor, Sri Lanka and Ghana between 2002-2011

The research investigates in what extent and how communication for meeting feelings is provided in Truth Commission work. It examines if and in what way feelings are addressed in the communication officially published by the Truth Commissions in East Timor, Ghana and Sri Lanka, occurring between 2002-2011. The research is also looking at the healing processes in a time perspective to find out if there is a communication for Societal healing to be continued in a longer term. My conclusion is that two cases of three in my research, the TRCs in Ghana and East Timor, have communication clearly directed to meet feelings caused by the war. One of the three cases (East Timor) has a communication with a clear ambition to heal over a longer period, to continue after the existence of the Truth Commission. The research suggests that communication with a clear ambition to reach out widely in the society, a communication directed to meet and process feelings over a longer period, can make Societal healing more effective. It also concludes that, in the future, Societal healing, as a field in conflict resolution, will be more based on representational media than today, provided through web communication.

E-learning opens the door to the global community. Novice users experiences of e-learning in a Somali University

E-learning has become one of the primary ways of delivering education around the globe. In Somalia, which is a country torn within and from the global community by a prolonged civil war, University of Hargeisa has in collaboration with Dalarna University in Sweden adopted, for the first time, e-learning. This study explores barriers and facilitators to e-learning usage, experienced by students in Somalia’s higher education, using the University of Hargeisa as case study. Interviews were conducted with students to explore how University of Hargeisa’s novice users perceived elearning, and what factors positively and negatively affected their e-learning experiences. The Unified Theory of Acceptance and Use of Technology (UTAUT) model was used as a framework for interpreting the results. The findings show that, in general, the students have a very positive attitude towards e-learning, and they perceived that e-learning enhanced their educational experience. The communication aspect was found to be especially important for Somali students, as it facilitated a feeling of belonging to the global community of students and scholars and alleviated the war-torn country’s isolation. However, some socio-cultural aspects of students’ communities negatively affected their e-learning experience. This study ends with recommendations based on the empirical findings to promote the use and enhance the experience of e-learning in post conflict Somali educational institutions

Reflexões sobre o turismo cultural na "Cidade Maravilhosa"

A Organização Mundial do Turismo - OMT (2003) afirma que está surgindo uma nova etapa de turismo. No mundo pós-moderno, o movimento turístico tem procurado cada vez mais pelo "diferente", pelo "outro", surgindo, assim, uma motivação para o "turismo com base no legado cultural" (BARRETTO, 2000). Aliando-se ao exposto, o Ministério do Turismo criou, em 2006, uma tipologia do turismo, baseada nas motivações para a realização das viagens, ou na segmentação do mercado. O projeto, que objetiva "organizar o turismo para fins de planejamento, gestão e mercado" divide o turismo em cinco segmentos prioritários, sendo um deles o "cultural". Desta forma, a presente dissertação se propõe a realizar algumas reflexões acerca do turismo cultural no município do Rio de Janeiro - cidade que possui um papel central na história da vida política e cultural brasileira. Realizou-se primeiramente um levantamento dos diversos conceitos que se imbricam com o turismo cultural - cultura, patrimônio cultural, memória, autenticidade, identidades e consumo - para, de maneira ampla, discutir sobre a temática. Através de uma pesquisa de campo, buscou-se delinear a oferta turística, averiguando como o turismo cultural é atualmente trabalhado pelas principais operadoras turísticas da área, no intento de discutir o tema de forma crítica e dialética. A análise desse material possibilitou-nos uma visão crítica das práticas acerca do turismo cultural na "Cidade Maravilhosa", nos permitindo refletir de maneira mais contundente sobre o desenvolvimento eficaz da atividade turística na cidade do Rio de Janeiro.

Um lugar que passa e sobrevive:o passado e o presente na Vila de Ponta Negra

The Ponta Negra borough is a part and the originally core of Ponta Negra quarter, placed on the South area of Natal/RN city. Its population was constituted by fishermen whose, beyond the fishing work, cultivated small plantations, made carbon and lace. For a long period of time, the borough was isolated from the rest of the city because of the great ground distance and due the fact that the local inhabitants found their own maintenance on the place. The scenery was being little by little modified from de 80 s because of the neighborhood urban development, that became one of the most searching tourism places in the city that turns the borough into a expensive place to live, with plenty of entertainment and high income, due the new habitation standards, new economic activities, new inhabitants belonging to higher social classes, new habits and way of living. The present work aims to verify weather or not, in the middle of all changes, the original social actors that still live in the Ponta Negra borough, are able to keep the traditional community bounds that once guided their existences. On that sense, we will analyze the conflicts that pass through the community, with attention on the sociability, space usage and appropriation