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___________________________________________________________________________

Project: Sociology – I

Theme: Nations and Nation-States.

Sub-theme: Significance of Linguistic Identity in a Nation-


State: A Critical Analysis of Catalonia.
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Submitted by:
Satrajeet Sen

ID: 219057

Section A

Word Count: 2443.


1. Introduction
The term ‘nation’ has been derived from the Latin word ‘natio’ and can be explained as a social
group of people who are united together by virtue of sharing a common language, religion, race
or common history.1 The French Revolution spread the notion that every nation has an identity
of its own and laid the platform for the emergence of the concepts of ‘nation’ and ‘state’. The
Declaration of the Rights of Man and Citizen (1789) proclaimed that sovereignty is lodged
squarely in the nation and no body of men can exercise authority that does not emanate from
it.2 The State, on the other hand, means an autonomous political structure, with a proper legal
system. A state is primarily a political-legal concept, whereas a nation is mainly psycho-
cultural. Both a nation and a state may exist independently of each other. A nation-state comes
into existence when both the ‘nation’ and the ‘state’ coincide with each other. It is socially
cohesive and politically organized.3 The concept of nation-states became a common socio-
political form after the adoption of the Treaty of Westphalia in 1648. Europe became the
epicenter for the emergence of nation-states.4 Europe has several examples of nations aspiring
for independent statehood, ranging from Ireland to Catalonia and the Basque County.5
Language rights form an integral part of the policy of a nation-state. Language is a predominant
factor shaping the social identity in Catalonia.6 A common language being an indispensable
factor for the existence of a nation-state and the recognition of the Catalan language being the
primary issue of focus of the Catalan social movement for independence, one can argue that
Catalonia may fit into the category of a nation-state on the ground of being socially cohesive.

2. Rationale.
The best index of an individual’s cultural environment is language. Most of the nations are
nations, not because of their political independence, but because the people have a common
language.7 The existence of a common language is sine qua non for the existence of a nation-
state. Language lies at the center of nationhood.8 The concept of national identity unifies people
linguistically, legally and culturally. Thus, suppression of a particular language can lead to the

1
Mostafa Rejal & Cynthia H. Enloe, Nation-States and State-Nations, 13(2) INTERNATIONAL STUDIES 141 (1969).
2
Id., 145.
3
Rejal & Enloe, supra note 1, at 143.
4
CHARLES TILLY, COERCION, CAPITAL, AND EUROPEAN STATES, AD 990-1990 (1990).
5
THOMAS P.BOJE, SYLVIA WALBY, THOMAS, BART VAN STEENBERGEN, EUROPEAN SOCIETIES: FUSION OR
FISSION?, (1999).
6
Kathryn A. Woolard, Language, Identity and Politics in Catalonia, 25(1) BROWN JOURNAL OF WORLD AFFAIRS
35 (2018).
7
VIDYA BHUSHAN & D. R. SACHDEVA, AN INTRODUCTION TO SOCIOLOGY, 332 (2015).
8
J. G. FITCHE, ADDRESSES TO THE GERMAN NATION, 166. (Gregory Moore 1st ed., 1808).
elimination of one’s human identity.9 Each language has a certain value and presents the world
through the eyes of its people. With the elimination of any language, injustice is done to its
culture and arts.10 In this context, the paper attempts to discuss the role of the Catalan language
in the social movement for the creation of the Catalan nation-state.

3. Objectives
The objective of the discussion and analysis is to understand the essence of language in shaping
the social identity of Catalans, the suppression of the Catalan language by the Spanish
Parliament and the creation of the Catalan nation-state in the eyes of international law. Hence,
some questions to ponder are:

A. To what extent were the intensified Spanish legal actions against the Catalan language
policies responsible for motivating the Catalans to organize a social movement in favour
of creation of the Catalan nation-state?

B. Can the struggle for further recognition of the Catalan language be considered a vital issue
within the domain of human rights and minority rights?

C. To what extent do the principles of international law permit the creation of the Catalan
nation-state?

4. Methods
In order to address the problem presented, this research paper has used certain secondary
sources to analyse the issue of the Catalan nation-state in a systematic manner. Online
databases have also been referred to for gathering information through journals, cases
pertaining to the topic presented. The study has largely adopted a descriptive as well as an
analytical approach based on the collected data.

9
Michael Blake, Language Death and Liberal Politics in LANGUAGE RIGHTS AND POLITICAL THEORY 213 (Will
Kymlicka and Alan Patten 1st ed., 2003).
10
DANIEL NETTLE & SUZANNE ROMAINE, VANISHING VOICES: THE EXTINCTION OF THE WORLD’S LANGUAGES
14(2000).
5. Discussion and analysis
A peaceful vote, but it will not be allowed
The old powers will go valiantly into battle
Cutting, cutting off their rights to sound

Violence answers the protesting mound


Because strangling free ideas is now justified
A peaceful vote, but it will not be allowed

But a bubbling Republic has vowed


To build a state for citizens votes
Violence answers the protesting mound

The people have reason to scream aloud


Media, education, protection at mercy of the holder
But a bubbling Republic has vowed

A deadly crunch leaves independance unfound


With a Constitution in hand, and a dilemma to accept
The people have reason to scream aloud

In light of an election, freedom could be renowned


If they accept control, and let Madrid home
A deadly crunch leaves independance unfound

But these violent powers may be discrowned


As damages to both have been but fierce
A peaceful vote, but it has not been allowed
In light of this election, freedom could be renowned.
- Vanessa Keifer.11

11
Vanessa Kiefer, Independence for Catalonia, November 6, 2017, available at
https://iaoverachiever.wordpress.com/2017/11/06/themed-poetry-independence-for-catalonia/ (Last visited on
October 17, 2019).
The independence movement in Catalonia in north-western Spain has received vital attention
around the world.12 The issue of Catalan independence dates back to the era of Franco
Dictatorship (1939-1975), when Franco barred the Catalan language from public use like
education and media. This had an adverse social impact in Catalonia, making it increasingly
difficult for immigrants to acquire the Catalan language and ensured that all Catalan speakers
were fluent in Spanish. The Spanish Constitution of 1978 recognized Castillan as the “official
Spanish Language of the State”. Catalan was also given the official language status but only
within the autonomous communities.
Language has been a primary feature of Catalanism. The fight for recognition of the Catalan
language, which significantly reflects its culture, has given birth to an organized social
movement against the Spanish authorities, with the civil society playing a vital role. ‘Omnium
Cultural’ was an organization established during the Franco era to defend the Catalan language.
It led the civil society mobilization for independence. A number of entangled factors
contributed to the support for independence beginning in 2010. Economic crisis leading to
unhealthy relations between autonomous Catalonia and Spain over finances, coupled with
actions against Catalan language policies aggravated the independence movement of Catalonia.
The most significant factor however was the educational language policy of Catalonia, which
became the primary target of attacks from the Spanish State. Controversy emerged when the
Spanish Supreme Court made Castilian a “vehicular language” in schools in 2012 and followed
it up with several controversial rulings in 2014 setting mandates for teaching in Spanish.
Sociolinguist Albert Faba was convinced by the jurisprudence of the Spanish Supreme Court
that the linguistic sovereignty of Catalonia would be tarnished in the near future. It was certain
in the 2017 December elections that Catalonia is divided along ethnolinguistic lines over the
question of independence.13
The linguistic right, being the primary component of the Catalan independence movement, may
be analyzed through the lens of the human rights and minority rights model. It is evident from
the Catalan language suppression that nations do not protect languages to the degree that
international law requires. The failure to preserve and protect non-official languages is seen as
suppression of individuality and an attempt at “State linguiside”.14 Language being a part of

12
Carmen G. Gonzalez, The Catalan National Identity and Catalonia’s bid for Independence, 32 CONNECTICUT
JOURNAL OF INTERNATIONAL LAW 115 (2016).
13
WOOLARD, supra note 6, 32.
14
ALAN PATTERN & WILL KYMLIKA, LANGUAGE RIGHTS AND POLITICAL THEORY 5-6 (2003).
one’s social identity, provides the strongest basis for its protection as a human right.15
International human rights agreements provide a regime of linguistic tolerance. Linguistic
rights are guaranteed to all individuals, irrespective of their status in the society.16 Freedom of
speech also includes the freedom to choose language of speech. In this context, one may refer
to a case dealing with the right to commercial advertising in the English language in
Francophone Quebec which is a landmark authority in the domain of linguistic rights. The
Human Rights Committee, designated with the supervision of states’ compliance with the
International Covenant for Civil and Political Rights (ICCPR) declared that a State may have
an official language but it will not exclude the freedom to express oneself in one’s own
language outside the spheres of public life.17 Thus, the educational language policy being
within the scope of public spheres, we can safely conclude that Spain should not exclude the
use of the Catalan language in the field of education.
The minority rights model for language rights may be discussed using Article 27 of the ICCPR
which clearly states that persons belonging to linguistic minorities shall not be denied the right
to enjoy their own culture or use their language. 18 The Human Rights Committee’s (HRC)
commentary to Article 27 supports the idea that linguistic rights should be protected and
positively enforced.19 Cases handled before the HRC have taken the positive reading of Article
27, imposing the obligation upon States to protect linguistic rights.20 Article 27 requires the
signatory states to formulate a policy to fulfil the obligation.21 Spain being a signatory state has
not only failed to draft a policy for Catalans to use their language but also has repeatedly
attacked the language policy of Catalonia in public spheres by dictating the interpretation of
27 articles of the 2006 Statute of Autonomy of Catalonia, those relating to language and
justice.22 Thus, Spain has not fulfilled the obligation of the ICCPR despite being a signatory to
it. The European Charter for Regional or Minority Languages (1992) and the Framework

15
Id., 213.
16
Theodor Schilling, Language rights in the European Union, 9 GERMAN LAW JOURNAL 1219 (2008).
17
United Nations Human Rights Committee of the Optional Protocol to the International Covenant on Civil and
Political Rights, Ballantyne, Davidson, McIntyre v. Canada, Communications Nos. 359/1989 and 385/1989,
¶11.1, 11.2, U.N. Doc. CCPR/C/47/D/359/1989 and 385/1989/Rev.1 (1993).
18
International Covenant on Civil and Political Rights, December 19, 1966, 999 U.N.T.S. 171.
19
United Nations Human Rights Committee, General comment No. 23(50) (art. 27), ¶ 6.1, U.N. Doc.
CCPR/C/21/Rev.1/Add.5(1994).
20
United Nations Human Rights Committee, Concluding Observations of the Human Rights Committee: Sudan,
¶ 20, UN Doc. CCPR/C/79/Add.85 (1997)
21
Xabier Arzoz, Accommodating Linguistic Difference: 5 Normative Models of Language Rights, 6(1) EUROPEAN
CONSTITUTIONAL LAW REVIEW 109 (2010).
22
Spanish Constitutional Court in full bench, Constitutional Court Judgement No.31/2010, of June 28( Unofficial
Translation), June 28, 2010, available at https://www.tribunalconstitucional.es/ResolucionesTraducidas/31-
2010,%20of%20June%2028.pdf (Last visited on October 17, 2019).
Convention for the Protection of National Minorities (1995), under the Council of Europe, have
pioneering attainments and represent the most legitimate sources of minority protection in the
world. The aim of the Charter is the protection of regional languages as an integral component
of European Cultural heritage. It is a binding instrument and the monitoring of its enforcement
is done by an Advisory Committee.23 The Advisory Committee is of the opinion that, if
linguistic autonomous communities were to evince interest in the protection afforded by the
Framework Convention in the context of a dialogue with the authorities, the protection
guaranteed under the Framework Convention should not be denied to them. The Advisory
Committee has invited Spanish Authorities to come to envisage consultations with autonomous
communities.24 However, the Spanish Authorities have not followed the recommendations of
the advisory committee and have failed to fulfil the legally binding obligations under the
Convention to render benefit to the Catalans.
Currently, Spain seems unwilling to grant the right to a legally binding independence
referendum to Catalonia.25 Article 92 of the Spanish Constitution states that political decisions
of special importance may be submitted to all citizens in a referendum. 26 Theoretically, a
plausible step to allow the legally binding independence referendum can be taken by the
Spanish State. Allowing a referendum does not mean that Catalonia would automatically gain
independence from Spain. It would simply open the door to a process of constitutional reform
to consider the right to self-determination.27 Spain could adopt the Quebec model and might
be open to negotiations for greater autonomy of Catalonia. In this context, the advisory opinion
of the Supreme Court of Canada on the secession of Quebec must be noted. It was established
by the Court that Quebec does not have the right unilaterally to secede. However, it does have
the right to hold non-binding referendums without the approval of the center. If Quebecois vote
in favour of independence, the referendum would have democratic legitimacy and there would
be no ground to nullify Quebec’s right to pursue secession.28 Spain can also choose to pursue
the Scottish referendum policy according to which Spain could impose the condition that the
referendum would be the final say on the matter.
A secessionist claim based on infringement of linguistic rights without a democratic remedy as
is the case with Catalonia, is strongest in the hands of the linguistic community since linguistic

23
P. THORNBERRY & M.A. MARTIN ESTEBANEZ, MINORITY RIGHTS IN EUROPE (2004).
24
Tilman Lanz, Minority Cosmopolitanism: The Catalan Independence Process, the EU, and the Framework
Convention for National Minorities, 15(2) JOURNAL ON ETHNOPOLITICS AND MINORITY ISSUES IN EUROPE (2016).
25
GONZALEZ, supra note 12, 134.
26
CONSTITUCION ESPANOLA, The Constitution of the Kingdom of Spain, 1978, Art. 92.
27
GONZALEZ, supra note 12, 134.
28
Reference re Secession of Quebec, [1998] 2 S.C.R. 217.
communities have a fundamental human right under Article 27 of the ICCPR.29 The ambit of
secession is governed by domestic law, though international law is concerned with the
consequences of secession.30 The International Covenant on Economic, Social and Cultural
Rights states that all people have the right to self-determination. They can freely determine
their political status and pursue their socio-economic development.31 Thus, to pursue linguistic
interests and socio-cultural development, Catalans may follow the path of self-determination.
The International Court of Justice in its advisory opinion on Kosovo, held that declarations of
independence are not prohibited by international law and the right to self-determination is
legitimate when it is pursued against a prior injustice.32 It can be concluded from Spanish
legislative and legal actions against Catalan language policies that Catalan culture has suffered
attacks in the hands of the Spanish Centre. Thus, injustice has been done against Catalonia.
Catalonia also fulfils the requirements to be a State under international law: a permanent
population, a defined territory and a government.33 Therefore theoretically, Catalonia can
declare independence according to international law.
The only thing which obstructs the unilateral declaration of independence by Catalonia is the
great apprehension from the international community. The primary issue is that the
international community is not sympathetic with Catalonia’s social movement for creation of
the nation-state. The former Secretary General of United Nations (UN), Ban Ki-Moon, himself
said that Catalonia does not have the right to self-determination and is not recognized as a non-
autonomous territory by the UN. International Organizations like UN, International Monetary
Fund and World Bank would be unwilling to recognize the unilateral declaration of
independence by Catalonia, considering the fact that the European Union have backed Spain
and the European General Court has rejected the former Catalan leader, Puigdemont’s request
to claim his seat in the European Parliament.34 Without membership to the UN and countless
other international organisations, it would be an extremely daunting task and practically
impossible for Catalonia to survive in a world which is highly interdependent.35 Although there

29
International Covenant on Civil and Political Rights, December 19, 1966, 999 U.N.T.S. 171.
30
Christopher K. Conolly, Independence in Europe: Secession, Sovereignty, and the European Union, 24 DUKE
JOURNAL OF COMPARATIVE AND INTERNATIONAL LAW 51 (2013).
31
International Covenant on Economic, Social and Cultural Rights, December 16, 1996, 993 UNTS 3.
32
Accordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo,
Advisory Opinion, I.C.J. Reports 2010, 403, 438.
33
Montevideo Convention on Rights and Duties of States, December 26,1933, 49 Stat.3097, TS 881.
34
Emma Anderson, EU court rejects Puigdemont’s request to claim MEP seat Tuesday, January 7, 2019, available
at https://www.politico.eu/article/eu-court-reject-carles-puigdemont-request-to-claim-mep-seat-tuesday/ (Last
visited on October 17, 2019).
35
GONZALEZ, supra note 12, 144.
are practical realities that would deter linguistic communities from not seceding, a claim of
linguistic secession puts a powerful bargaining chip in the hands of linguistic communities to
open to door to negotiation for protection of their linguistic rights.

6. Conclusion
The most glaring fear is the creation of a land for every language, a theory that would
permit international fragmentation on the basis of language. Secession is not favourably
looked upon in the international community since it hinders domestic resolution of disputes
and has adverse consequences on the unity of the State. In an inter-dependent world,
integration and not fragmentation is the strength of every nation-state for its survival and
development. However, if a linguistic community has been subjected to oppression by the
State, the sentiments of that community should not be ignored. Instead of displaying a rigid
hyper-nationalist attitude, the Spanish policy-makers should adopt a flexible and
accommodative approach to resolve the Catalan issue in a pragmatic manner. Under
extreme circumstances if host states however fail to enforce their obligations under Article
27 of the ICCPR in the name of preserving official languages, nation States like Catalonia
and Kurdistan may exercise their right to turn at doctrines of international law.36

36
Sami.M.Dudar, Speaking of Secession: A theory of Linguistic Secession, 40 GEORGIA JOURNAL OF
INTERNATIONAL COMPARATIVE LAW 583 (2012).
REFERENCE LIST

PRIMARY SOURCES
CASES
1. Spanish Constitutional Court Judgement No. 31/2010, of June 28, 2010.
2. Reference re Secession of Quebec, [1998] 2 S.C.R. 217.
3. Accordance with International Law of the Unilateral Declaration of Independence in
Respect of Kosovo, Advisory Opinion, I.C.J. Reports 2010, 403.

CONVENTIONS AND CONSTIUTION


1. International Covenant on Civil and Political Rights, December 19, 1966, 999 U.N.T.S.
171.
2. CONSTITUCION ESPANOLA, The Constitution of the Kingdom of Spain, 1978.
3. International Covenant on Economic, Social and Cultural Rights, December 16, 1996,
993 UNTS 3.
4. Montevideo Convention on Rights and Duties of States, December 26,1933, 49
Stat.3097, TS 881.

UN DOCUMENTS
1. United Nations Human Rights Committee of the Optional Protocol to the International
Covenant on Civil and Political Rights, Ballantyne, Davidson, McIntyre v. Canada,
Communications Nos. 359/1989 and 385/1989, U.N. Doc. CCPR/C/47/D/359/1989 and
385/1989/Rev.1 (1993).
2. United Nations Human Rights Committee, General comment No. 23(50) (art. 27), U.N.
Doc. CCPR/C/21/Rev.1/Add.5(1994).
3. United Nations Human Rights Committee, Concluding Observations of the Human
Rights Committee: Sudan, UN Doc. CCPR/C/79/Add.85 (1997).

SECONDARY SOURCES
BOOKS
1. CHARLES TILLY, COERCION, CAPITAL, AND EUROPEAN STATES, AD 990-1990 (1990).
2. THOMAS P.BOJE, SYLVIA WALBY, THOMAS, BART VAN STEENBERGEN, EUROPEAN
SOCIETIES: FUSION OR FISSION? (1999).
3. VIDYA BHUSHAN & D. R. SACHDEVA, AN INTRODUCTION TO SOCIOLOGY (2015).
4. J. G. FITCHE, ADDRESSES TO THE GERMAN NATION (Gregory Moore 1st ed., 1808).
5. Michael Blake, Language Death and Liberal Politics in LANGUAGE RIGHTS AND

POLITICAL THEORY (Will Kymlicka and Alan Patten 1st ed., 2003).
6. DANIEL NETTLE & SUZANNE ROMAINE, VANISHING VOICES: THE EXTINCTION OF THE
WORLD’S LANGUAGES (2000).
7. P. THORNBERRY & M.A. MARTIN ESTEBANEZ, MINORITY RIGHTS IN EUROPE (2004).

JOURNAL ARTICLES
1. Mostafa Rejal & Cynthia H. Enloe, Nation-States and State-Nations, 13(2)
INTERNATIONAL STUDIES (1969).
2. Kathryn A. Woolard, Language, Identity and Politics in Catalonia, 25(1) BROWN
JOURNAL OF WORLD AFFAIRS (2018).
3. Carmen G. Gonzalez, The Catalan National Identity and Catalonia’s bid for
Independence, 32 CONNECTICUT JOURNAL OF INTERNATIONAL LAW (2016).
4. Theodor Schilling, Language rights in the European Union, 9 GERMAN LAW JOURNAL
(2008).
5. Xabier Arzoz, Accommodating Linguistic Difference: 5 Normative Models of Language
Rights, 6(1) EUROPEAN CONSTITUTIONAL LAW REVIEW (2010).
6. Tilman Lanz, Minority Cosmopolitanism: The Catalan Independence Process, the EU,
and the Framework Convention for National Minorities, 15(2) JOURNAL ON

ETHNOPOLITICS AND MINORITY ISSUES IN EUROPE (2016).


7. Christopher K. Conolly, Independence in Europe: Secession, Sovereignty, and the
European Union, 24 DUKE JOURNAL OF COMPARATIVE AND INTERNATIONAL LAW
(2013).
8. Sami.M.Dudar, Speaking of Secession: A theory of Linguistic Secession, 40 GEORGIA
JOURNAL OF INTERNATIONAL COMPARATIVE LAW (2012).

E-RESOURCES
1. Emma Anderson, EU court rejects Puigdemont’s request to claim MEP seat Tuesday,
January 7, 2019, available at https://www.politico.eu/article/eu-court-reject-carles-
puigdemont-request-to-claim-mep-seat-tuesday/ (Last visited on October 17, 2019).
2. Spanish Constitutional Court in full bench, Constitutional Court Judgement No.31/2010,
of June 28( Unofficial Translation), June 28, 2010, available at
https://www.tribunalconstitucional.es/ResolucionesTraducidas/31-
2010,%20of%20June%2028.pdf (Last visited on October 17, 2019)
WEB SITES

1. Vanessa Kiefer, Independence for Catalonia, November 6, 2017, available at


https://iaoverachiever.wordpress.com/2017/11/06/themed-poetry-independence-for-
catalonia/ (Last visited on October 17, 2019).

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