Language Research

1. Legislation: Legislation dealing with the use of languages

The Belgian Constitution adopted on February 17, 1994

In 1991, the text of the Constitution in German acquired the same official status as the French and Dutch texts.

The 1963 Language Laws created the legal basis for the present education system.

Updated (November 2003)

BROADCASTING IN BELGIUM

Broadcasting in Belgium is completely in competence of the communities, each having its own regulations in this domain.

THE FLEMISH COMMUNITY

In the Flemish community, the Law on Media is coordinated by the Decree of January 25, 1995. The Decree recognizes six different categories of television broadcasting companies: 

1. The public broadcasting company "Vlaamse Radio en Televisieomroep" (VRT, Flemish Radio and Television Broadcasting Organization) which has two channels (TV 1 and "Canvas/Ketnet"). The VRT is mainly financed by public funding from the Flemish community.

2. Private broadcasting companies for the whole Flemish community. The most important commercial station is a Flemish Media Company (Vlaamse Media Maatschappij, VMM) with three channels (VTM, Kanaal 2 and JIM TV). Since March 1, 2002, the former British commercial broadcasting station VT4 (part of the SBS group) has been operating under a Flemish broadcasting license. Primarily for smaller or specific audiences, there is also Event TV (Liberty TV.com), Kanaal Z (Belgian business television) and Vitaya (Media ad Infinitum NV), a lifestyle television station.

3. Regional stations. There are ten regional stations, financially mainly relying on advertising and sponsorship.

4. Target groups and theme-television. This television broadcast one specific kind of programs or aims at a certain minority group. Until now; however, such televisions have not become operational, or they took the option to obtain a license as a general broadcaster (the travel channel Event TV- Liberty TV.Com, the business channel Kanaal Z or the lifestyle station Vitaya).

5. Pay-TV. Canal+ is the only pay television network in Flanders.

6. Television services. A television station, which targets the public with different sort of services (not operational yet).

The 1998 Decree allowed for private radio in the Flemish community (national radio). In September 2001, two commercial radio stations obtained a radio-broadcasting license (Qmusic (part of VMM) and 4FM).

The Decree of October 25, 2002 also developed a legal framework for regional radio, which is allowed to broadcast only for one province.

THE FRENCH COMMUNITY

The broadcasting legislation of the French community is coordinated by several decrees.

The Decree of July 14, 1997 regulates the public service broadcaster, the RTBF. This station has two television channels, "La Une" and "La Deux," and six radio channels ("La Première, Fréquence Wallonie, Musique 3, Radio 21" and the world service "RTBF International"). It is also a member of TV5, a satellite television chain for the French-speaking population all over the world.

The rest of the Walloon audiovisual landscape is regulated by the Decree of July 17, 1987. The Decree recognizes four different categories of television broadcasting companies: 

1. Local and communal television (in practice, there is no difference between them). Currently twelve televisions are licensed by the French Community.

2. Private television. There are two commercial television channels, "RTL TVI" and "Club RTL."

3. Pay television. As in Flanders, Canal+ is the only station that offers several paying channels.

4. Other services. The Government allows the RTBF and the other broadcasting organizations to use the cable for other services than television or radio programs.

Source: Minority-language Related Broadcasting and Legislation in the OSCE, Program in Comparative Media Law and Policy (PCMLP), Center for Socio-Legal Studies, Wolfson College, Oxford University & Institute for Information Law (IViR) (http://www.ivir.nl/index-english.html), Universiteit van Amsterdam (Study commissioned by the OSCE High Commissioner on National Minorities), April 2003, edited by T. McGonagle (IViR), B. Davis Noll & M. Price (PCMLP), http://www.ivir.nl/publications/mcgonagle/Minority-language%20broadcasting.pdf

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Updated (September 2006)

BELGIAN CRACKDOWN ON FRAUDULENT CITIZENSHIP APPLICATIONS 

Belgium is sharpening its naturalization laws to combat fraudulent citizenship applications, but has also opted to lift the ban on dual nationality. The proposed adjustments were presented to and approved by the Cabinet in May 2006. 

The new procedures mean that those who gain the Belgian nationality through a fraudulent application can lose their citizenship. Previously, only terrorists could lose their Belgian passport. 

The government will also extend the timeframe in which a naturalization request must be investigated from two to four months. This extension comes on request from the public prosecution service, security service VS-SE and the immigration service DVZ-OE. 

Furthermore, the government will also lift the ban on dual nationality. Prime Minister, Guy Verhofstadt, explained that there is a greater stimulus for an immigrant to integrate into Belgian society if they do not have to give up their original nationality when becoming a Belgian citizen. 

Finally, naturalization legislation will also be amended so that illegal residency in Belgium cannot be used as one of the pre-conditions for gaining Belgian nationality. That pre-condition states that immigrants must have lived in Belgium for five years to come into consideration for citizenship. 

Source: Expatica News, May 23, 2006, http://www.expatica.com/actual/article.asp?channel_id=1&story_id=30222 

To what extent are minority groups in this country disadvantaged by their language?

Updated (September 2006) 

BELGIAN SCHOOLS BANS FRENCH WITH SURPRISING ZEAL 

A school in Merchtem, the town situated near Brussels, has taken an unusual step of banning the use of French on its premises. 

Although Dutch is obligatory under Flemish law, the move has sent ripples through community at the time of great tension between French and Dutch speakers in Belgium. 

Pupils at the primary school can speak only Dutch in the classroom or the playground, and their parents must do so too when addressing the school, or they have to bring an interpreter. 

According to the town hall, only about eight percent out of 1,400 pupils attending state schools in Merchtem come from families where Dutch is not, or only rarely, spoken. And this minority is causing frictions in Flanders. 

Some people are afraid of French-speaking community from Brussels who are spreading slowly into the region; a phenomenon known locally as the "oil stain". 

Concerning the language issue, the headmaster of "De Plataan" primary school explained that teachers at his school were experiencing increasing difficulty in communicating properly with the parents of their non-Dutch speaking pupils. The mayor of the town, Eddie De Blok, who also speaks French, has defended the measure adopted by the Town Council, saying that the move is not about creating divisions but is "actually about speeding up integration". 

Statistically, the federal state has a population of some 10.5 million people. Around six million of them live in the Dutch-speaking region of Flanders, 3.5 million in French-speaking Wallonia, and one million in bilingual Brussels. 

Today the country's richest region, Flanders, remains troubled by painful memories of the 19th century when the aristocracy and bourgeoisie, who spoke French whether they were from Wallonia or Flanders, held sway. 

In recent years, Flemish authorities have introduced measures aimed at limiting the use and influence of French. Wallonia, for example, is banned from funding French-speaking associations in Flanders. Furthermore, people wishing to live in the Flanders region in state-sponsored housing must be able to prove their basic knowledge of Dutch; officially, so they can understand the mail they will receive. 

Tensions only look like mounting. 

For instance, one Flemish deputy shocked the media saying: "apparently francophones are just not smart enough to learn Dutch". These words have further set the cat among the linguistic pigeons. 

Source: Expatica News - Belgium, September 10, 2006 http://www.expatica.com/actual/article.asp?subchannel_id=58&story_id=32963 

ASYLUM-SEEKER CHILDREN NOT TO BE ACCEPTED IN SCHOOLS 

The Mayor of Beveren, Marc Van de Vijver, has asked primary schools in the district of Kieldrecht to stop enrolling asylum-seekers' children. 

Mr. Van de Vijver has in mind the thirty-five or forty children of Roma gypsy families in the district. He states the children should not be enrolled at school because they do not speak Dutch. 

The schools affected by the mayor's instructions either refused to comment on it or simply rejected it as the idea is against their school's principles. 

Source: Expatica News Belgium, September 7, 2006 http://www.expatica.com/actual/article.asp?channel_id=3&story_id=32872 

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Updated (July 2008)

CONSTITUTIONAL COURT RULED IN FAVOR OF THE WOONCODE'S LANGUAGE REQUIREMENT

Belgian Constitutional Court has decided in favor of the Housing Code (Wooncode) approved by the Flemish parliament in 2006, which requires renters of social housing to speak Flemish or at least to agree to learn it. The reason why parliament decided for the language requirement was that a growing number of new renters in Flanders, especially in the region around Brussels, did not have a basic knowledge of Dutch, and this presented a communication problem with the other renters and with the housing services.

The French-speaking community considered this step discriminatory and has taken the measure to the Constitutional Court. The Court has just recently ruled that the Code was not discriminatory; nevertheless, it decided that the knowledge of Flemish could not be a requirement in municipalities with linguistic facilities. This affects the six municipalities around Brussels and all the other municipalities with facilities along the linguistic border.

Source: Ciemen Nationalia, News, July 11, 2008 http://www.nationalia.info/en/news/202

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