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INPRIMATU
The hierarchy of languages in the Spanish Constitution (and 5)
Pako Sudupe 2021eko uztailaren 30

We all know that every Spanish has, as in Madrid, in Abaltzisketa or Amoroto, all the right to live in Spanish, and not only the right, but also the duty to know, because this is set out in the third article of the Constitution of 78 – let us not forget that it is in the preamble of the Constitution, that is, in the most essential articles. The other languages, at best, could be used in their own territory, but carefully, without disturbing those who do not know. How was the discussion of this article in the lecture, in the committee and in the congress? It was not the introduction of the concept of “nationality” that caused the earthquake, and the military did not participate, at least in an ostensible way, but it did have its course.

It is to be assumed that the dynamics of the last forty years are known, in the right of self-determination, as did Letamendia, the Catalans emphasized on languages. Of course, the central point of the debate was the different treatment between languages: from the point of view of the Spanish, a single Spanish nation holds Spanish as the only compulsory language, and the languages of the nationalities can be official in its territory but without disturbing the Spanish speakers. What proposals did the Catalans put forward?

Members of the Catalan Minority Parliamentary Group submitted an amendment to the first paragraph of the article proposed by the “parents” of the Constitution. They wanted to amend the first paragraph as follows:

All national languages shall be official in their territories. Spanish shall be the official language of the organs of the State, without prejudice to what has happened in the municipality.

It was clear what they wanted: That in Catalonia (and in Euskadi and Galicia) Catalan (Basque and Galician) be official, at least in the same proportion as Castilian, and assuming that the language of the organs of the State was Castilian. With regard to the second paragraph, the amendment of the Catalan Minority stated that in autonomous territories with languages other than Spanish, each autonomous status would define “the official exclusive or transitional coopecific character with the Spanish of the respective language”.

In view of the lack of progress in this amendment, it was withdrawn in the Committee on Constitutional Affairs and a new one was proposed, the reserve one, if the first did not have a good plan:

The other languages of Spain shall also be official in the autonomous territories in accordance with their enclosures. All residents of these territories have a duty to know and the right to use those languages.

In justifying the amendment, it was argued that the recognition of the official status was as follows: “it would be minimized if it does not comply with the obligation they have in autonomous territories, with officials also to know them.”

The Basque Parliamentary Group, for its part, proposed grouping the first two paragraphs of the article “of parents” and drafting it as follows: “Spanish is the official language of the State and the other languages of Spain are also official in the territories, according to their Statutes.” Deprivation of the right and, in particular, of the obligation to Spanish.

For the UCD (more discreet) and for the PA (more abrupt), the clear difference between languages (i.e. between speakers), i.e. between Spanish and the rest, had to be pointed out: “with arguments ranging from the universality of the language of Cervantes to the protection of the Castilian parishioners residing in territories with their own languages that could see the use of their mother tongue threatened”.

In the Commission’s debate, Trías Fargas, unlike the right to self-determination, enthusiastically defended the Catalan Minority’s amendment. First, he stated that the Catalans accepted bilingualism, but that the difference between Castilian and Catalan made it necessary to take measures to achieve equality of the two languages, especially the knowledge of Catalan as a compulsory language in Catalonia and to give Catalan some advantages over the official language in Catalonia. This was necessary, in his view, to achieve parity and balance between the two languages.

For the PNV Member, Iñigo Agirre Kerexeta, the fact that Spanish is official throughout the Spanish territory implies its knowledge and use and its use

The reiteration can be interpreted textually as a language was nationalized over, clearly an attack on the spirit of equality and that respect for the cultural recognition of the nationalities and regions of the State should inspire, unless the defense clause for Castilian was precisely intended. (…) The nominal Constitution implies a reparative policy of long-standing injustice and long-term discrimination.

In the course of the debate, Felip Lord of Socialistes de Catalunya proposed an amendment, namely the following sentence: “They shall be guaranteed by the means to ensure that all residents of the self-governing territories know the respective language and the right to use it.” I thought they could not

The wishes of the Catalans, if we do not guarantee from the Constitution the same conditions of existence and development for Catalan and Spanish in Catalonia”. (...) in no way contains elements of coercion for the inhabitants of the autonomous communities, to the autonomous communities of other thematic areas, to which, instead, the Basque Country and the use of the language of adoption are assured, if it is a matter of practicing practicality and using it.

Nor were the possible amendments accepted, and those who wanted to establish the dominant language were won. That's how we walk, as we walk. For those of us who want to change our political-linguistic status, it is interesting to have an eye on the Spanish transition, to the self-reform of Franco, because that is where many impediments come from.

 

 

1Carme Molinero & Pere Ysàs: The Catalan question. Criticism. Barcelona. 251 pp. and ff.