Obair Fós Le Déanamh
Following on from ‘Tá Gá Le Gníomh’ featured in Issue 8 of Rupture Magazine, Ciarán Mac Aodha Bhuí analyses the recent passing of the Identity and Language (Northern Ireland) bill, the state of minority language rights in Northern Ireland, and the continued need for radical action on the Irish language.
Even if you’ve been following the media as of late, the recent passing of the ‘Identity and Language (Northern Ireland) Bill’ is unlikely to have crossed your radar. With attention largely being focused on another round of Stormont elections and the continuing crisis facing the Tory Party, another historical day for the Irish language has passed the English language press by without major fanfare - a notable silence considering the fact that 17,000 people marched the streets of Belfast this May in order to push Westminster into implementing it. In light of this lack of attention from the mainstream press, it is important that we as socialists understand the impacts of this bill, where it falls short, and what we can do to continue pushing for radical action to support minority language rights.
It is unlikely that Westminster would have ever passed the Identity and Language Bill if it wasn’t for sustained pressure from activists across the six counties. While the attendance of 17,000 at An Lá Dearg this year shocked the press into paying attention, this protest was not a flash in the pan and instead served as the culmination of six years of work from those around An Dream Dearg. This work has been part of a wider struggle for minority language rights in the six counties - with grassroots efforts from groups such as Cumann Chluain Árd, Pobal Bhóthar Seoighe, and Glór na Móna helping build a vibrant language movement in the North. It is important that we analyse the Identity and Language Bill from this lens, seeing whether past promises have been delivered and whether continued pressure is necessary.
The Identity and Language Bill places itself within an international legal context, claiming that it complies with the European Charter on Human Rights (ECHR). Under the Article 12 of the ECHR, specific discrimination on the basis of language is banned - inferring a regime in which state are not obligated to specifically support minority language communities but instead are prohibited in actively limiting their activities. Minority language rights are not explicitly defined within the ECHR, but are read vaguely in conjunction with other rights such as that to freedom of expression. These rights are only expanded on within two other treaties - the Framework Convention for the Protection of National Minorities (FCPM) and the European Charter for Regional or Minority Language (ECRML). Under these treaties, states are obligated to create conditions in which minority rights are promoted where possible - whether it be through legal recognition or the encouragement of the use in public institutions and discourse. However, both of these treaties are non-binding and don’t raise any financial obligations - effectively meaning that states aren’t required to actually fund the services necessary for minority language communities to survive. Paraphrasing Eoin Burn’s previous argument for this magazine, minority languages are seen and protected more as romanticised hobbies than as something central to everyday life - with a lack of financial obligations allowing states to subtly contribute towards language shift.
Following on in this tradition, the Identity and Language Bill is flawed on a structural level - providing basic protections for Irish speakers in the six counties that are overshadowed by major absences. Under this bill, an 'Office of Identity and Cultural Expression' will be formed in order to promote and protect the use and identities of Irish and Ulster Scots, with respective commissioners responsible for drafting and formulating best practice for the Stormont government. While public bodies and institutions are legally required to follow these best practices, the commissioners will have no ability to make legally binding changes and will have no enforcement power beyond a limited and non-binding complaints procedure. This essentially allows the six county state to ignore their contributions if financial or political issues arise. The establishment of these commissions and the appointment of commissioners is also reliant on the functioning of the Assembly - essentially meaning no progress can be made if the DUP continue blocking the election of a first minister.
It is also notable that unlike the laws protecting Scots Gaelic and Welsh that provide either equal or protected status within their prospective regions, the Identity and Language Bill does not amend the status of English in relation to Irish and Ulster Scots. This creates uncertainty as to whether there is a specific financial obligation to provide services or resources if conflict arises between these groups. This will essentially create a system where Ulster Scots and Irish could be left without protection in the case of cuts - a pertinent fear considering the state's failed attempt to implement a 98% cut in the funding of Glór na Móna this year. While legal recognition for the Irish language in the six counties is a major step forward, a lack of enforcement mechanisms and reliance upon the Assembly will create significant roadblocks in the future for creating equal status between English, Irish, and Ulster Scots.
As socialists, it is crucial that we note that the root causes of language shift are inherent to the nature of capitalism - it isn’t possible to reform your way towards revival and neither Stormont or Leinster House can save the Irish language. While the introduction of limited legal protections is a major advancement, the 2014 retirement of Seán Ó Cuirreáin as the twenty-six county state’s Irish Language Commissioner shows how shallow government rhetoric towards the language can be. If we want saol trí Ghaeilge as opposed to the ceremonial sprinkling of cúpla focal, there is a need for those on both sides of the border to take inspiration from An Dream Dearg and fight for a clean break from the interests of colonialism and capitalism.