MINISTERS’ DEPUTIES

CM Documents

CM(2024)5

9 January 2024[1]

1488th meeting, 7-8 February 2024 10 Legal questions   10.3 European Charter for Regional or Minority Languages Evaluation by the Committee of Experts of the implementation of the recommendations for immediate action contained in the Committee of Experts’ eighth evaluation report on Switzerland Item to be considered by the GR-J at its meeting on 31 January 2024

 

Strasbourg, 15 November 2023                                                                                MIN-LANG (2023) 21

Evaluation by the Committee of Experts

of the Implementation of the Recommendations for Immediate Action

contained in the Committee of Experts’ eighth evaluation report on

SWITZERLAND

Introduction

1.            The European Charter for Regional or Minority Languages (hereafter referred to as “the Charter”) is a treaty of the Council of Europe putting obligations on its states parties to protect and promote the country’s traditional minority languages in all fields of public life: education, judicial authorities, administrative authorities and public services, media, cultural activities and facilities, economic and social life, and transfrontier exchanges. The Charter was ratified by Switzerland on 23 December 1997, entered into force on 1 April 1998 and applies to Italian and Romansh as less widely used official languages. Furthermore, it applies to French and German in territories where they are traditional minority languages, as well as to Yenish as a non-territorial language.

2.            The Committee of Experts monitors the implementation of the Charter. Each state party shall present a periodical report on the implementation of the Charter every five years. On the basis of the periodical report, the Committee of Experts adopts an evaluation report in which it makes “recommendations for immediate action” and “further recommendations” on how to improve the protection and promotion of the regional or minority languages in the state concerned. Based on this evaluation report, the Committee of Ministers adopts its recommendations to the state party.

3.            Two and a half years after the due date of its periodical report, the state party shall present information on the implementation of every recommendation for immediate action[2]that the Committee of Experts has made in its evaluation report. The Committee of Experts then adopts an evaluation of the implementation of these recommendations. The “further recommendations” by the Committee of Experts are examined after reception of the next periodical report and the on-the-spot visit to the state party. Five-yearly periodical reports shall contain comprehensive information about the implementation of all Charter undertakings and all recommendations by the Committee of Experts and the Committee of Ministers.

4.            Switzerland submitted the information on the implementation of the recommendations for immediate action contained in the Committee of Experts’ eighth evaluation report[3]on 11 September 2023. This evaluation of the implementation of the recommendations for immediate action is based on the information received from the Swiss authorities, as well as from representatives of the minority language speakers pursuant to Article 16.2 of the Charter.[4]As far as the compliance of Switzerland with all its undertakings under the Charter is concerned, the Committee of Experts refers to its eighth evaluation report. The Committee of Experts will examine the implementation of all of the undertakings concerning all of the minority languages in the next evaluation report.

5.            This evaluation was adopted by the Committee of Experts on 15 November 2023.

Examination of the implementation by Switzerland of the recommendations for immediate action

I.             General issues

Consultation of cantonal and local authorities as well as representatives of the minority language users

6.            The Swiss federal authorities have consulted the cantons concerned by the Charter, the municipality of Murten/Morat (Canton of Fribourg/Freiburg) and the organisations representing the minority language users about the state of implementation of the recommendations for immediate action and facilitated their replies with a questionnaire. All consulted organisations have submitted statements to the federal authorities, which the latter have taken into consideration. The Committee of Experts is pleased with the way in which the federal authorities have conducted the consultation and considers this procedure to be good practice. It also expresses its gratitude to the organisations for their statements, which have facilitated the Committee of Experts’ work.

7.            At the same time, the Committee of Experts has not received information on the state of implementation of the recommendations in several cantons, which is a recurring feature of Switzerland’s reporting about the implementation of the Charter.[5] In order to address this structural issue, the Committee of Experts reiterates its recommendation to the federal authorities to initiate and co-ordinate a comprehensive Charter implementation process engaging all federal, cantonal and local authorities as well as organisations concerned and to support the respective cantons in implementing the Charter. The organisation of a Charter Implementation Roundtable could be an occasion to launch such a process.

II.         Recommendations for immediate action

1.         Italian (Canton of Graubünden/Grischun/Grigioni)

Recommendation for immediate action

Implementation measures taken by the Swiss authorities

8.            The authorities of the Canton of Graubünden/Grischun/Grigioni state that they promote the canton’s trilingualism (German, Romansh, Italian) in the public sector among various economic actors, such as the cantonal bank, Rhätische Bahn (railway company), the cantonal hospital, Graubünden Ferien (tourist marketing organisation of the canton) and Marke Graubünden (cantonal brand). In this context, the authorities notably provide advice and support the creation of networks.

9.            In its statement, the umbrella association of Italian speakers in the canton, Pro Grigioni Italiano (PGI), underlines the need to make a targeted effort in the health sector, particularly the cantonal hospital. According to PGI, Italian speakers would like to be able to communicate in Italian with the emergency services, obtain information, forms and certificates in their language for services of the cantonal hospital, and be able to speak in Italian with the doctor at that hospital (possibly with the help of specialist interpreters). Furthermore, PGI asks for transparent communication about the trilingualism measures taken by the public sector companies in the canton.

Evaluation by the Committee of Experts and further action needed

10.         The Committee of Experts notes that the authorities have not provided information about “additional measures” taken to promote the use of Italian in economic and social life in general (outside the public sector, Article 13.1.d). As regards the public sector (Article 13.2.b), the measures taken by the cantonal authorities largely correspond to those reported in 2022 for the purposes of the Committee of Experts’ eighth evaluation report. In the absence of “additional measures” taken and considering PGI’s statement concerning the health sector, the Committee of Experts concludes that the recommendation is not yet implemented.

11.         The Committee of Experts reiterates that citizens participate in economic and social life on a daily basis. The relevance of this domain to daily life is comparable to that of media and education. It is therefore of utmost importance that users of minority languages feel encouraged to use their language in, for example, shops or social care facilities, and that the latter provide the conditions for this. The fact that authorities have little direct influence in economic and social life makes it particularly important for them to develop a structured approach for the implementation of Articles 13.1.d and 13.2.b.[6] The Committee of Experts therefore invites the authorities to design additional activities encouraging and facilitating the use of Italian in economic and social life.

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Recommendation for immediate action

Implementation measures taken by the Swiss authorities

12.         The cantonal authorities state that, according to Article 72.1 of the School Ordinance,[7] the school inspectorate of the Office for Compulsory School and Sport has the following tasks in particular: monitoring the implementation of and compliance with cantonal regulations and quality standards; periodic evaluation of schools; advising teachers, school administrators and local school authorities on matters of teaching, school planning and further education. As part of its supervisory function, the school inspectorate also regularly monitors Italian-language education, including how the use of the language in the individual subjects is organised, and the level of language proficiency. According to Art. 4.1.f of the Guidelines for the school inspectorate,[8] it is also responsible for approving special timetable regulations for municipalities located at the language border. The school inspectorate’s evaluation reports, which cover a period of four to five years, are published on the website of the Office for Compulsory School and Sport. If the school inspectorate identifies shortcomings, these are listed in the report. In addition, the school inspectorate transmits to every evaluated school a report with its individual results. The schools are obliged to communicate this feedback to the parents and regularly publish the reports on their websites.

13.         In its statement, PGI expresses the wish to extend communication concerning the monitoring of Italian-language education.

Evaluation by the Committee of Experts and further action needed

14.         The Committee of Experts reiterates that the implementation of Article 8.1.i requires a supervisory body that evaluates and analyses the measures taken and the progress achieved regarding regional or minority language education, with the purpose of identifying effective methods and areas where additional efforts are needed. Reports should contain inter alia information on the extent and availability of education, developments in language proficiency, teacher supply and the provision of education materials. They should be periodical in order to provide an assessment of regional or minority language education over time, thereby making it possible to adjust methods and measures according to the experiences acquired. The publication of the reports makes the system transparent and creates opportunities for representatives of regional or minority language users and civil society to take part in a public discussion on the development of minority language education, based on the measures taken and progress achieved. It is possible for existing supervisory bodies to carry out these monitoring functions and integrate them into existing administrative structures.[9]

15.         With regard to the Canton of Graubünden/Grischun/Grigioni, the Committee of Experts notes that the school inspectorate periodically monitors also Italian-language education and that this monitoring covers the aforementioned aspects (see para. 14). The Committee of Experts therefore concludes that the recommendation has been implemented.

2.         Romansh (Canton of Graubünden/Grischun/Grigioni)

Recommendation for immediate action

Implementation measures taken by the Swiss authorities

16.         The authorities of the Canton of Graubünden/Grischun/Grigioni also promote the use of Romansh in the public sector (see para. 8). Furthermore, they have ensured that the translation and editing services provided by Lia Rumantscha (state-funded umbrella association of Romansh speakers) for municipalities will also be made available to companies free of charge as part of the programme “Rumantsch*a – adina e dapertut” (“Romansh – always and everywhere”). In 2023, the federal and cantonal authorities as well as Lia Rumantscha launched a "Strategia digitala rumantscha" whose aim it is to initiate digital projects. The authorities have entrusted Lia Rumantscha with the task of planning and coordinating the implementation for which a position will be created in that organisation.

17.         In its statement, Lia Rumantscha mentions additional measures taken by the federal authorities which fund digital projects for Romansh. However, Lia Rumantscha points out that federal public service providers (e.g. post, railway) should use Romansh consistently throughout Switzerland in inscriptions that use German, French and Italian.

Evaluation by the Committee of Experts and further action needed

18.         The Committee of Experts welcomes the launch of the "Strategia digitala rumantscha" which has the potential to promote the use of Romansh within the whole country, in conformity with Article 13.1.d. It further appreciates the involvement of representatives of the users of Romansh in the implementation of the strategy, which contributes to taking into account the needs and wishes of the users. Since digital projects may concern various fields of public life and language use, the Committee of Experts invites the authorities to pay special attention to activities in economic and social life when implementing the strategy, including the use of Romansh by federal public service providers.

19.         As far as the canton’s public sector is concerned, the Committee of Experts observes that the translation and editing services provided free of charge through the programme “Rumantsch*a – adina e dapertut” may enable companies to use Romansh in written form. In order to make full use of the programme’s potential, the Committee of Experts invites the authorities to raise the awareness of it in the public sector. Furthermore, additional activities should be conceived to promote the oral use of Romansh in the public sector.

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Recommendation for immediate action

Implementation measures taken by the Swiss authorities

20.         The information provided by the authorities concerning Italian-language education (see para. 12) applies to Romansh accordingly.

Evaluation by the Committee of Experts and further action needed

21.         In light of its conclusion concerning Italian (see para. 15), the Committee of Experts considers that the recommendation has been implemented.

3.         French (municipality of Murten/Morat, Canton of Fribourg/Freiburg)

Recommendation for immediate action

Implementation measures taken by the Swiss authorities

22.         In the Canton of Fribourg/Freiburg, a cantonal language law is being prepared whose preliminary draft and explanatory report shall be submitted to the cantonal government by the end of 2023. According to the cantonal authorities, the principles established in the Charter and the recommendations of the Committee of Experts will be taken into account. However, there are currently no plans to adopt local legislation on the use of French in public life in the municipality of Murten/Morat.

23.         In its statement, the foundation Forum du bilinguisme recommends that, before adopting any legislation, a study of the linguistic practices and needs at municipal level is carried out with a view to evaluating and adjusting measures as closely as possible to the needs of the local population. The foundation offers to co-operate with the cantonal authorities in this regard.

Evaluation by the Committee of Experts and further action needed

24.         The Committee of Experts welcomes that the Canton of Fribourg/Freiburg is considering the Charter’s principles and the monitoring recommendations in the drafting of the language law, which may in the medium-term lead to the implementation of the recommendation as far as cantonal legislation is concerned. Since the text of the draft law is not yet public, the Committee of Experts is not in a position to assess to which extent the law could facilitate the application of the Charter at this stage.

25.         The recommendation has not been implemented with regard to local legislation. The measures currently taken by the authorities of Murten/Morat concerning the use of French in different fields of public life (e.g. education and cultural activities in French), however commendable they are, are informal in nature and may change any time.

26.         The Committee of Experts observed in the previous monitoring cycles that, due to the “principle of territoriality”[10] applied in Switzerland, the systematic use and promotion of a minority language in public life requires a legal basis. The Committee of Experts therefore urges the cantonal authorities to consider the provisions of the Charter in the cantonal language law and to encourage the municipality of Murten/Morat to adopt local legislation on the use of French in public life. For local legislation, the texts adopted by the municipality of Bosco Gurin[11] can serve as a model.

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Recommendation for immediate action

Implementation measures taken by the Swiss authorities

27.         The authorities state that, in the context of the “Regulation on support of initiatives promoting bilingualism”,[12] no cantonal or local strategy on the promotion of French in Murten/Morat has been prepared. Nevertheless, the municipality regularly participates in the call for projects linked tothe regulation, and several projects by and for Murten/Morat have been supported during the last years. Furthermore, the municipality develops and implements services for French speakers on an ongoing basis. Recently, a language café was organised where people can share their language skills with others and learn the language themselves. In addition, an offer for early learning of French was created, and other projects are in the planning stage.

Evaluation by the Committee of Experts and further action needed

28.         As no strategy on the promotion of French in Murten/Morat has been adopted, the Committee of Experts concludes that the recommendation has not yet been implemented. At the same time, the Committee of Experts welcomes that this municipality makes regular use of the funding opportunities created by the “Regulation on support of initiatives promoting bilingualism” and notes that the respective projects contribute to the implementation of inter alia Articles 7.1.d, 7.1.e and 7.1.f. The Committee of Experts considers that the preparation of a language promotion strategy in the context of the aforementioned regulation would make a contribution to a systematic implementation of the different provisions of Part II to French in Murten/Morat. It therefore urges the cantonal and local authorities to prepare a strategy on the promotion of French in Murten/Morat.

4.         German (in the municipalities where German is a non-official language traditionally used by a significant minority or the majority)[13]

Recommendation for immediate action

Implementation measures taken by the Swiss authorities

29.         In the Canton of Bern/Berne, a parliamentary initiative in 2022 called for the German-speaking minority of the Bernese Jura “to enjoy the usual protection for linguistic minorities in Switzerland.”[14] Based on another (more general) parliamentary initiative in the same year,[15] the cantonal government will examine by the end of 2024 whether legislation should be drawn up to promote bilingualism (German, French) in the canton. In 2022, two German-speaking municipalities in the Bernese Jura (Schelten, Seehof), in co-operation with the umbrella association of the German-speaking minorities (Bund der angestammten deutschsprachigen Minderheiten in der Schweiz, BADEM), applied to the cantonal government to regulate the use of German. However, the authorities preferred to maintain the practice of informal "flexible” bilingualism in respect of these municipalities. Apart from the planned language law in the Canton of Fribourg/Freiburg (see para. 22), there is no information about steps taken in the other cantons concerned by the recommendation.

30.         According to BADEM, the "flexible” bilingualism applied by the Canton of Bern/Berne has proved ineffective, as it can be seen e.g. in the closure of all German-language schools in the Bernese Jura over the years. Concerning the Canton of Ticino, BADEM stresses the need to maintain the local legislation on the use of German adopted by the municipality of Bosco Gurin in 2018 in the event of its merger with neighbouring municipalities. In addition, BADEM sees the need to adopt complementary cantonal legislation in Ticino, also with regard to financial support from the canton for language promotion. In general, BADEM reiterates that the application of the principle of territoriality and the lack of legislation mean that cantonal and local authorities can easily disregard the Charter and the monitoring recommendations. It therefore asks the cantonal authorities concerned to adopt the relevant legislation on their own initiative in order to remove legal uncertainties in the field of language promotion.

Evaluation by the Committee of Experts and further action needed

31.         As neither cantonal nor local legislation was adopted in 2022 and 2023, the Committee of Experts considers that the recommendation is not yet implemented. Nevertheless, the planned adoption of a language law in the Canton of Fribourg/Freiburg and the parliamentary initiatives in the Canton of Bern/Berne as well as initiatives taken by municipalities could contribute to its implementation in the medium-term. Regarding the need to adopt language legislation in the context of the principle of territoriality, the Committee of Experts refers to its observations made in the previous evaluation reports.[16] It reiterates its recommendation that the cantonal authorities concerned should adopt legislation on the use of German

in public life in the municipalities where German is a non-official minority or majority language and encourage the relevant municipalities to do so at their level. For local legislation, the texts adopted by the municipality of Bosco Gurin can serve as a model.[17]

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Recommendation for immediate action

Implementation measures taken by the Swiss authorities

32.         In the Bernese Jura, the Ecole Primaire de Jean-Gui (municipality of Sonceboz-Sombeval), which is mainly attended by German-speaking pupils (Mennonites), has been teaching sport and music in German (three hours/week) since 2022. Together with German as a subject (taught as a foreign language), teaching in German accounts for 12% (3rd grade) to 21% (8th grade) of the weekly teaching time. In 2022, the municipalities of Schelten and Seehof applied to the canton to reopen their schools to make available education in German or bilingually (German/French), possibly in co-operation with municipalities in the Bernese Jura (Grand-Val) or in the Canton of Jura (Val Terbi), where German is a minority language. In response to the demand, the cantonal authorities have stated that bilingual education or education in German for pupils residing in the Bernese Jura could be organised either through cantonal support for immersion teaching locally (up to 50% of the weekly teaching time in German) or the conclusion of inter-cantonal agreements enabling pupils to attend schools teaching in German in neighbouring cantons.[18]

33.         According to the authorities of the Canton of Neuchâtel, all pupils in grades one to four and pupils in grade eleven from the municipality of La Tène have been taking part in the “German immersion” project ANIMA[19] since the 2023-2024 school year. The weekly teaching time in German is 20% (1st-4th grade) and 25% (11th grade). The Cantons of Fribourg/Freiburg, Jura, Ticino and Vaud have not taken new steps to implement the recommendation. In the Canton of Valais/Wallis (cities of Sion/Sitten, Sierre/Siders), education in German and bilingual education (50% in French/50% in German), which served as a model for the recommendation,[20] continues to be provided.

34.         The umbrella association BADEM observes that in most of the municipalities concerned by the recommendation, German-speaking pupils attend classes of German as a foreign language. BADEM affirms the wish for education in German or bilingual education at pre-school, primary and secondary levels, also in inter-cantonal co-operation (e.g. between the Cantons of Bern/Berne, Jura and Solothurn). It notes that such education could easily be organised at schools mainly attended by German-speaking pupils (e.g. Ecole des Prés-de-Cortébert, Cortébertmatten, Bernese Jura). As for Ticino, BADEM recalls the announcement by the cantonal authorities in 2018 and 2021 that the possible merger of the municipality of Bosco Gurin with neighbouring municipalities could lead to the introduction of German-language education. BADEM stresses that this step can be taken independently of a merger, as the municipalities concerned already have a joint school association (Cevio), and asks the authorities to implement it soon in order to respond to the decreasing number of speakers.

Evaluation by the Committee of Experts and further action needed

35.         With regard to the Canton of Bern/Berne, the Committee of Experts welcomes the introduction of additional hours in German at the Ecole Primaire de Jean-Gui. In order to ensure local continuity, German-language education should also be introduced at pre-school and secondary levels near this school. The Committee of Experts further welcomes the canton’s willingness to support bilingual education or education in German for pupils residing in the Bernese Jura. It invites the cantonal authorities to support the Ecole Primaire de Jean-Gui in extending the number of teaching hours and to encourage schools and authorities in the other municipalities of the Bernese Jura to make available German language education at pre-school, primary and secondary levels. In this context, it encourages the cantonal authorities to support the organisation of joint bilingual education for pupils of the municipalities of Seehof, Val Terbi and Grand-Val.[21]

36.         The Committee of Experts welcomes the launch of the ANIMA project in La Tène. It encourages the competent authorities to support its continuity throughout primary education (5th-8th grades) and secondary education (9th-10th grades), and to extend the number of teaching hours. As for Ticino, the Committee of Experts reiterates its recommendation to the cantonal authorities to implement their proposal to make available German-language education for the pupils in the Cevio school association.[22]

37.         In general, the Committee of Experts notes that the action taken in the Cantons of Bern/Berne and Neuchâtel can contribute to the implementation of the recommendation in the medium-term. However, in most municipalities where German is a non-official minority or majority language, German continues to be taught mainly as a foreign language only. The Committee of Experts recalls that this offer does not adequately meet the needs of the speakers, who traditionally make up a significant part or majority of the local population. It therefore reiterates its recommendation to make available German language education from pre-school to secondary levels for those municipalities where German is a non-official minority or majority language.

Communication to the Committee of Ministers of the Council of Europe

The Committee of Experts of the European Charter for Regional or Minority Languages, while acknowledging the efforts of the Swiss authorities to comply with their undertakings under the Charter, has in its eighth evaluation report (MIN-LANG(2022)8) made “recommendations for immediate action” and “further recommendations” on how to improve the protection and promotion of the regional or minority languages in Switzerland.

In accordance with the Committee of Ministers Decisions of 28 November 2018 (CM/Del/Dec(2018)1330/10.4e), Switzerland had to present information on the implementation of the recommendations for immediate action, which contain the priority measures that should be taken by the state party. Switzerland presented this information on 11 September 2023. In the present evaluation, the Committee of Experts has examined the implementation of these recommendations.

In accordance with its Rules of Procedure, the Committee of Experts invites the Committee of Ministers to:

1.         take note of the evaluation made by the Committee of Experts of the implementation of the recommendations for immediate action by Switzerland and invite the Swiss authorities to disseminate it to the competent national authorities and relevant stakeholders;

2.         reiterate its Recommendation CM/RecChL(2022)6 and invite the Swiss authorities to present their next periodical report by 1 December 2025 in the required format.