A/HRC/43/47/Add.2
different parts of the country that individuals are simply told to comply with the chosen use
of the national language”; again, there are no specific references to these reports, so they
cannot be consulted. Notwithstanding the advisability of implementing the amendments that
the Special Rapporteur proposes with regard to this issue in paragraph 55, it would be prudent
for the wording of the recommendation to indicate that the approval of legislative
amendments corresponds to the Parliament, and not to the Government of Spain.
16.
Paragraph 56: “…the Rapporteur received consistent reports of the members of the
Galician-speaking minority unable to use their own language despite the apparent right to do
so with public authorities in the region.” There are no references to these reports, and the
statement is not supported by any data.
17.
End of paragraph 59: “In some other Autonomous Communities such as Galicia …,
it was argued that existing educational schemes were insufficient either to effectively
guarantee minority children could be educated in the co-official minority language.” Once
again, this is a statement that does not appear to be backed up by any facts. Nevertheless, the
Government of Galicia has provided the following figures, taken from surveys on the
knowledge of Galician carried out every five years, from which it is impossible to draw the
same conclusions set forth by the Special Rapporteur in his Report:
1. Language
skills
2. 2013
3. 2018
4. Understan
ding
5. 95.83%
6. 95.46%
7. Speaking
8. 86.75%
9. 88.05%
10. Reading
11. 84.77%
12. 85.05%
13. Writing
14. 83.32%
15. 86.79%
18.
Section VII. B (Language rights) of the Report includes several references to the
situation in the Balearic Islands, Valencia and Navarre with regard to issues that fall under
the authority of the Autonomous Communities. However, the Rapporteur held no meetings
with representatives of the governments of these Autonomous Communities.
Notwithstanding the value of the information that the Rapporteur was able to obtain from
civil society organizations and other sources, it does not appear appropriate for such
information to be included in the Report without any discussion of these issues with
representatives of these regional governments. For this reason, the elimination of these
comments with regard to those particular Autonomous Communities is requested.
19.
Equally striking is the quotation of several paragraphs from the 2017 publication
Language Rights of Linguistic Minorities: A Practical Guide for Implementation (paragraphs
52, 62 and 64 of the Report), without putting them into the context of the situation in Spain.
By citing that publication, the Rapporteur implies that the instructions included therein were
not being followed in Spain—when the exact opposite is true, at least with regard to the
content of the quoted paragraphs. This must be made clear in his Report.
20.
The Fifth Report of the Council of Europe Committee of Experts on compliance with
the European Charter for Regional or Minority Languages (ECRML) was approved on 5
October 2019. That report included an in-depth analysis of Spain’s compliance with every
aspect of the ECRML: laws, actions, and real-world practice, all based on official sources—
whether from the Spanish State or the Autonomous Communities—and on information
obtained directly from civil society organizations. Examining the charts contained in the
Report, it can be clearly seen that Spain’s level of compliance with all of the articles of the
ECRML is very high, and that in those cases where difficulties were found, the public
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