A/HRC/43/47/Add.1
majority must also be given similar opportunities in relation to minority cultures and
languages.13
64.
Each of the autonomous communities has in place different educational approaches
and models for the use of minority languages as a medium of instruction or their inclusion
as subject matter. Many autonomous communities implement more than one model within
their own jurisdiction. It is beyond the scope of the present report to detail each of those
approaches to determine which may or may not be consistent with the international
obligations of Spain vis-à-vis the human rights of minorities. The Special Rapporteur
reiterates, however, that regardless of the model or approach in place, members of linguistic
minorities have the right to the use of their language in education to the extent that such use
is reasonable and proportional, so that children may, wherever practical, effectively acquire
fluency in their own language as well as in a State’s national language.
65.
In light of the commendations that Catalonia has received from UNESCO and other
international commentators for its highly successful immersion model, the Special
Rapporteur recommends that Spanish authorities, including at the level of autonomous
communities, review any measure that might reduce the proportion of teaching that is
carried out in the Catalan minority language in public schools.
66.
The Special Rapporteur also recommends that Spanish authorities ensure that
appropriate resources, teachers, support personnel and infrastructure are in place so that
children in autonomous communities with significant populations belonging to linguistic
minorities have the possibility of studying in their own languages. Despite the existence, in
many cases, of legislation recognizing such a right, in practice individuals in Navarre, the
Balearic Islands, the Valencian Community and Galicia have indicated that they face
practical obstacles or other limitations in exercising that right. For example, it was brought
to the Special Rapporteur’s attention that some public schools in the Balearic Islands had
opted for a trilingual model (Castilian, Catalan and English), which significantly reduced
teaching in the co-official minority language.
C.
Participation in public life
67.
The Special Rapporteur joins colleagues who have already expressed grave concerns
about restrictions placed on, criminal charges against, and the subsequent trials and
sentences of political figures and protesters belonging to the Catalan minority. The Special
Rapporteur on the promotion and protection of the right to freedom of opinion and
expression issued a statement on 6 April 2018 in which he urged Spanish authorities to
refrain from pursuing the criminal charge of rebellion against those political figures and
protesters. 14 He indicated that such charges for acts that did not involve violence or
incitement to violence could interfere with the freedom of expression, including peaceful
public protest and dissent. The Special Rapporteur on minority issues shares those concerns
in terms of the signal this gives to minorities more generally. Non-violent political dissent
by minorities should not give rise, as the Special Rapporteur on the promotion and
protection of the right to freedom of opinion and expression also points out, to criminal
charges, since such restrictions should only be imposed where they are strictly necessary
and proportionate. The Special Rapporteur on minority issues points out that all 12 people
convicted for long periods of imprisonment in connection with the October 2017
referendum are members of the Catalan minority.
68.
The Special Rapporteur on minority issues also agrees with the recent conclusions
drawn by the Working Group on Arbitrary Detention in its opinion No. 6/2019, concerning
the extended detention of two members of civil society organizations (former president of
the Catalan National Assembly, Jordi Sánchez, and president of Òmnium Cultural, Jordi
Cuixart), and the former vice-president of Catalonia, Oriol Junqueras, charged with sedition
for a failed bid to obtain Catalonian independence from Spain in 2017. He notes the
Working Group’s conviction that the purpose of the criminal charges brought against those
individuals was to intimidate them because of their political views. 15 He also notes the
13
14
15
14
Ibid., p. 19.
Available at www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22928&LangID=E.
Opinion No. 6/2019, para. 119.