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v t e

Linguistic rights in Africa are stated in constitutions which differ by country. These constitutions usually state the national language(s) and/or official language(s), and may or may not explicitly allow for other languages in the country. Most of the linguistic rights stated here are negative rights, which grant freedom of usage of own language and prevent discrimination based on language.

Linguistic rights in African constitutions

Algeria

Constitution as adopted on 19 November 1976.^[1]

Article 3

Arabic is the national and official language.

Article 42

(3) In respect to the provisions of the present Constitution, the political parties cannot be founded on religious, linguistic, racial, sex, corporatist or regional basis. The political parties cannot resort to partisan propaganda on the elements mentioned in the previous paragraph.

Article 178

(4) Any constitutional revision cannot infringe on Arabic as the national and official language.

Benin

Constitution as adopted on 2 December 1990.^[1]

Article 11

All communities comprising the Beninese nation shall enjoy the freedom to use their spoken and written languages and to develop their own culture while respecting those of others. The state must promote the development of national languages of intercommunication.

Article 40

The state has the duty to assure the diffusion and the teaching of the Constitution, of the Universal Declaration of Human Rights of 1948, of the African Charter on Human and Peoples' Rights of 1981 as well as all of the international instruments duly ratified and relative to human rights. The state must integrate the rights of the individual into the programs of literacy and of teaching in the various scholastic and university academic cycles and into all the educational programs of the Armed Forces, of the Public Security Forces and of comparable categories. The state must equally assure the diffusion and teaching of these same rights in the national languages by all the means of mass communication, and particularly by radio and television.

Botswana

Constitution as adopted on 30 September 1966.^[1]

Article 5

(2) Any person who is arrested or detained shall be informed as soon as reasonably practicable, in a language that he understands, of the reasons for his arrest or detention.

Article 10

Every person who is charged with a criminal offence—

(b) shall be informes as soon as reasonably practicable, in a language that he or she understands and in detail, of the nature of the offence charged.

(f) shall be permitted to have without payment the assistance of an interpreter if he or she cannot understand the language used at the trial of the charge.

Article 16

(2) Where a person is detained by virtue of such an authorization as is referred to in subsection (1) of this section the following provisions shall apply—

(a) he or she shall, as soon as reasonably practicable and in any case not more than five days after the commencement of his or her detention, be furnished with a statement in writing in a language that he or she understands specifying in detail the grounds upon which he or she is detained.

Article 61

Subject to the provisions of section 62 of this Constitution, a person shall be qualified to be elected as a Member of the National Assembly if, and shall not be qualified to be so elected unless—

(d) he or she is able to speak, and, unless incapacitated by blindness or other physical cause, to read English well enough to take an active part in the proceedings of the Assembly.

Article 79

(4) Subject to the provisions of subsections (5) and (6) of this section a person shall be qualified to be elected as a Specially Elected Member of the House of Chiefs if, and shall not be qualified to be so elected unless, he—

(c) is able to speak and, unless incapacitated by blindness or other physical cause, to read English well enough to take an active part in the proceedings of the House.

Burkina Faso

Constitution as adopted on 2 June 1991.^[1]

Article 1

All Burkinabians shall be born free and equal in rights. All have an equal vocation to enjoy all the rights and all the freedoms guaranteed by the present Constitution. Discrimination of all sorts, notably those founded on race, ethnic background, region, colour, sex, language, religion, caste, political opinions, wealth and birth, shall be prohibited.

Article 35

The official language is French. The law determines the modalities of promotion and of official designation of national languages.

Burundi

Constitution as consolidated on 18 March 2005^[1][2]

Article 10

The national language is Kirundi. The official languages are Kirundi and other languages determined by law.

Article 13

All Burundians are equal in merit and dignity. All citizens enjoy the same laws and are entitled to the same protection under the law. No Burundian will be excluded from the social, economic or political life of the nation because of his race, language, religion, sex or ethnic origin.

Article 22

No one can be the object of discrimination, in particular of their origin, race, ethnic group, sex, color, language, social condition, religious, philosophical or political convictions, or because of a physical or mental handicap or carrying HIV/AIDS or any other incurable disease.

Cameroon

Constitution as adopted on 18 January 1996.^[3]

Article 1

(3) The official languages of the Republic of Cameroon shall be English and French, both languages having the same status. The State shall guarantee the promotion of bilingualism throughout the country. It shall endeavour to protect and promote national languages.

Article 2

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

Article 19

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

Cape Verde

Constitution as adopted on 25 September 1992.^[4]

Article 10

(6) The State of Cape Verde shall maintain special ties of friendship and cooperation with the countries of Portuguese official language and with the receiving countries of Capeverdean migrant workers.

Article 22

Every citizen shall have equal social dignity and be equal before the law. No one shall have privilege, benefit or be injured, deprived of any right or exempted from any duty, on account of race, sex, ascendancy, language, origin, religion, social and economic conditions, or political or ideological convictions.

Article 23

(3) Rights not granted to aliens and stateless persons may be recognized to the citizens of the Portuguese speaking countries, except for the access to being holders of the organs of sovereignty, the service in the Armed Forces and the diplomatic carrier.

Chad

Constitution as adopted on 31 March 1996.^[1]

Article 9

The official languages are French and Arabic. The law establishes the conditions of promotion and development of the national languages.

Congo

Constitution as adopted on 15 March 1992.^[1]

Article 3

(4) The official language is French.

(5) The functional national languages are Lingala and Munukutuba.

Article 11

(1) The State shall assure the equality of all citizens before the law, without discrimination of origin, social or material situation, racial, ethnic and regional origin, sex, instruction, language, attitude vis-a-vis religion and philosophy, or place of residence. It shall respect all the rights and liberties within limits compatible with public order and good mores.

Article 35

(1) Citizens shall possess a right to culture and to the respect of their cultural identity. All the communities composing the Congolese Nation shall possess the freedom to use their languages and their own culture without prejudicing those of others.

Article 42

(1) Every child, without a single discrimination based on race, color, sex, language, religion, national, social or ethnic origin, fortune or birth, shall have the right, on the part of his family, society, and the State to measures of protection which stem from his condition as a minor.

Democratic Republic of Congo

Constitution as adopted on 18 February 2006.^[5]

Article 1

The official language is French. The national languages are Kikongo, Lingala, Swahili and Tshiluba. The State ensures promotion of these languages without discrimination. The State ensures the protection of any other languages of this country which are part of Congolese cultural heritage.

Article 18

Any person arrested shall be informed immediately of the reasons for his arrest and of any charge against him and this, in a language he understands.

Article 142

In all cases, the Government provides broadcasting in French and in each of the four national languages within sixty days from the promulgation.

Djibouti

Constitution as adopted on 4 September 1992.^[1]

Article 1

It is guaranteed that everyone is equal before the law regardless of language, origin, race, sex or religion. All beliefs are respected.

The official languages are Arabic and French.

Article 3

The Republic of Djibouti is composed of all individuals recognized as members and who accept their duties regardless of language, race, sex, or religion.

Article 6

Political parties are forbidden to identify with a race, ethnicity, gender, religion, cult, language or region.

Egypt

Constitution as adopted on 11 September 1971.^[1]

Article 2

Islam is the religion of the state and Arabic its official language.

Article 40

All citizens are equal before the law. They have equal public rights and duties without discrimination between them due to race, ethnic origin, language, religion or creed.

Equatorial Guinea

Constitution as amended on 17 January 1995.^[1]

Article 4

The official language of the Republic of Equatorial Guinea shall be Spanish; aboriginal languages shall be recognized as an integral part of its national culture.

Eritrea

Constitution as adopted on 23 May 1997.^[1]

Article 4

(3) The equality of all Eritrean languages is guaranteed.

Article 14

(2) No person may be discriminated against on account of race, ethnic origin, language, colour, gender, religion, disability, age, political view, or social or economic status or any other improper factors.

Article 17

(3) Every person arrested or detained shall be informed of the grounds for his arrest or detention and of the rights he has in connection with his arrest or detention in a language he understands.

Ethiopia

Constitution as adopted on 8 December 1994.^[1]

Article 5

(1) All Ethiopian languages shall enjoy equal state recognition.

(2) Amharic shall be the working language of the Federal Government.

(3) Members of the Federation may by law determine their respective working languages.

Article 19

(1) Persons arrested have the right to be informed promptly, in a language they understand, of the reasons for their arrest and of any charge against them.

(2) Persons arrested have the right to remain silent. Upon arrest, they have the right to be informed promptly, in a language they understand, that any statement they make may be used as evidence against them in court.

Article 20

(7) have the right to request the assistance of an interpreter at state expense where the court proceedings are conducted in a language which they do not understand.

Article 25

All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall guarantee to all persons equal and effective protection without discrimination on grounds of race, nation, nationality, or other social origin, colour, sex, language, religion, political or other opinion, property, birth or other status.

Article 38

Every Ethiopian national, without any discrimination based on colour, race, nation, nationality, sex, language, religion, political or other opinion or other status, has the following rights: (a) To take part in the conduct of public affairs, directly and through freely chosen representatives; (b) On the attainment of 18 years of age, to vote in accordance with law; (c) To vote and to be elected at periodic elections to any office at any level of government; elections shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors.

Article 39

(2) Every Nation, Nationality and People in Ethiopia has the right to speak, to write and to develop its own language; to express, to develop and to promote its culture; and to preserve its history.

(10) A "Nation, Nationality or People" for the purpose of this Constitution, is a group of people who have or share a large measure of a common culture or similar customs, mutual intelligibility of language, belief in a common or related identities, a common psychological make-up, and who inhabit an identifiable, predominantly contiguous territory.

Article 46

States shall be delimited on the basis of the settlement patterns, language, identity and consent of the peoples concerned.

Ghana

Constitution as adopted on 28 April 1992.^[6]

Article 9

(2) Except as otherwise provided in article & of this Constitution, a person shall not be registered as a citizen of Ghana unless at the time of his application for registration he is able to speak and understand an indigenous language of Ghana.

Article 14

(2) A person who is arrested, restricted or detained shall be informed immediately; in a language that he understands, of the reasons for his arrest, restriction or detention and of his right to a lawyer of his choice.

Article 9

(2) A person charged with a criminal offence shall—

(d) be informed immediately in a language he understands, and in detail; of the nature of the offence charged;

(h) be permitted to have, without payment by him, the assistance of an interpreter where he cannot understand the language used at the trial

Article 26

(1) Every person is entitled to enjoyed, practise, profess, maintain and promote any culture, language, tradition or religion subject to the provisions of this Constitution.

Article 39

(3) The State shall foster the development of Ghanaian languages and pride in Ghanaian culture.

Kenya

Constitution as proposed on 6 May 2010.^[7]

Article 7

(1) The national language of the Republic is Kiswahili.

(2) The official languages of the Republic are Kiswahili and English.

(3) The State shall—

(a) promote and protect the diversity of language of the people of Kenya; and

(b) promote the development and use of indigenous languages, Kenyan Sign language, Braille and other communication formats and technologies accessible to persons with disabilities.

Article 27

(4) The State shall not discriminate directly or indirectly against any person on any ground, including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth.

Article 44

(1) Every person has the right to use the language, and to participate in the cultural life, of the person’s choice.

(2) A person belonging to a cultural or linguistic community has the right, with other members of that community--

(a) to enjoy the person’s culture and use the person’s language; or

(b) to form, join and maintain cultural and linguistic associations and other organs of civil society.

Article 49

(1) An arrested person has the right—

(a) to be informed promptly, in language that the person understands, of—

(i) the reason for the arrest;

(ii) the right to remain silent; and

(iii) the consequences of not remaining silent.

(c) to communicate with an advocate, and other persons whose assistance is necessary;

Article 50

(2) Every accused person has the right to a fair trial, which includes the right—

(m) to have the assistance of an interpreter without payment if the accused person cannot understand the language used at the trial.

(3) If this Article requires information to be given to a person, the information shall be given in language that the person understands.

(7) In the interest of justice, a court may allow an intermediary to assist a complainant or an accused person to communicate with the court.

Article 54

(1) A person with any disability is entitled—

(a) to be treated with dignity and respect and to be addressed and referred to in a manner that is not demeaning;

(b) to access educational institutions and facilities for persons with disabilities that are integrated into society to the extent compatible with the interests of the person;

(c) to reasonable access to all places, public transport and information;

(d) to use Sign language, Braille or other appropriate means of communication; and

(e) to access materials and devices to overcome constraints arising from the person's disability.

(2) The State shall ensure the progressive implementation of the principle that at least five percent of the members of the public in elective and appointive bodies are persons with disabilities.

Article 56

The State shall put in place affirmative action programmes designed to ensure that minorities and marginalised groups—

(d) develop their cultural values, languages and practices

Article 120

(1) The official languages of Parliament shall be Kiswahili, English and Kenyan Sign language, and the business of Parliament may be conducted in English, Kiswahili and Kenyan Sign language.

(2) In case of a conflict between different language versions of an Act of Parliament, the version signed by the President shall prevail.

Article 259

(2) If there is a conflict between different language versions of this Constitution, the English language version prevails.

Lesotho

Constitution as adopted on 2 April 1993.^[8]

Article 3

(1) The official languages of Lesotho shall be Sesotho and English and, accordingly, no instrument or transaction shall be invalid by reason only that it is expressed or conducted in one of those languages.

Article 4

(1) Whereas every person in Lesotho is entitled, whatever his race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status to fundamental human rights and freedoms...

Article 6

(2) Any person who is arrested or detained shall be informed as soon as is reasonably practicable, in a language that he understands, of the reasons for his arrest or detention.

Article 12

(2) Every person who is charged with a criminal offence—

(b) shall be informed as soon as reasonably practicable, in language that he understands and in adequate detail, of the nature of the offence charged;

(f) shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial of the charge.

Article 18

(3) In this section, the expression "discriminatory" means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description.

(5) Nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1) to the extent that it makes provision with respect to standards of qualifications (not being standards of qualifications specifically relating to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status) to be required of any person who is appointed to any office in the public service, any office in a disciplined force, any office in the service of a local government authority or any office in a body corporate established by law for public purposes.

Article 21

(2) When a person is detained by virtue of any such law as is referred to in subsection (1) the following provisions shall apply, that is to say—

(a) he shall, as soon as reasonably practicable after the commencement of his detention, be furnished with a statement in writing in a language that he understands specifying in detail the grounds upon which he is detained.

Article 26

(1) Lesotho shall adopt policies aimed at promoting a society based on equality and justice for all its citizens regardless of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

Article 58

(1) Subject to the provisions of section 59 of this Constitution, a person shall be qualified to be nominated as a Senator by the King acting in accordance with the advice of the Council of State or designated by a Principal Chief as a Senator in his place if, and shall not be so qualified unless, at the date of his nomination or designation, he—

(b) is able to speak and, unless incapacitated by blindness or other physical cause, to read and write either the Sesotho or English languages well enough to take an active part in the proceedings of the Senate.

Liberia

Constitution as adopted on 6 January 1986.^[1]

Article 41

The business of the Legislature shall be conducted in the English language or, when adequate preparations shall have been made, in one or more of the languages of the Republic as the Legislature may by resolution approve.

Malawi

Constitution as adopted on 16 May 1994.^[1]

Article 20

(1) Discrimination of persons in any form is prohibited and all persons are, under any law, guaranteed equal and effective protection against discrimination on grounds of race, colour, sex, language, religion, political or other opinion, nationality, ethnic or social origin, disability, property, birth or other status.

Article 26

Every person shall have the right to use the language and to participate in the cultural life of his or her choice.

Article 42

(1) Every person who is detained, including every sentenced prisoner, shall have the right-

(a) to be informed of the reason for his or her detention promptly, and in a language which he or she understands;

(2) Every person arrested for, or accused of, the alleged commission of an offence shall, in addition to the rights which he or she has as a detained person, have the right—

(a) promptly to be informed, in a language which he or she understands, that he or she has the right to remain silent and to be warned of the consequences of making any statement;

(f) as an accused person, to a fair trial, which shall include the right—

(ix) to be tried in a language which he or she understands or, failing this, to have the proceedings interpreted to him or her, at the expense of the State, into a language which he or she understands.

Article 51

(1) A person shall not be qualified to be nominated or elected as a member of the Parliament unless that person—

(b) is able to speak and to read the English language well enough to take an active part in the proceedings of Parliament;

Article 55

(5) The proceedings of Parliament shall be conducted in the English language and such other languages as each Chamber may prescribe in respect of its own proceedings.

Article 94

(2) A person shall not be qualified to be appointed as a Minister or Deputy Minister unless that person-

(b) is able to speak and to read the English language.

Maliedit

Constitution as adopted on 27 February 1992.^[1]

Article 2

All Malians are born and live free and equal in their rights and duties. Any discrimination based on social origin, color, language, race, sex, religion, or political opinion is prohibited.

Article 25

French is the official language. Law will determine the method for making official and promoting national languages.

Mauritiusedit

Constitution as adopted on 12 March 1968.^[9]

Article 5

(2) Any person who is arrested or detained shall be informed as soon as reasonably practicable, in a language that he understands, of the reasons for his arrest or detention.

(4) Where a person is detained in pursuance of any such provision of law as is referred to in subsection (1)(k)—

(a) he shall, as soon as is reasonably practicable and, in any case not more than 7 days after the commencement of his detention, be furnished with a statement in writing in a language that he understands specifying in detail the grounds upon which he is detained;

Article 10

(2) Every person who is charged with a criminal offence—

(b) shall be informed as soon as reasonably practicable, in a language that he understands and, in detail, of the nature of the offence;

(f) shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial of the offence.

Article 15

(4) Where any person whose freedom of movement has been restricted in pursuance of subsection 3(a) or (b) so requests—

(a) he shall, as soon as is reasonably practicable and in any case not more than 7 days after the making of the request, be furnished with a statement in writing in a language that he understands, specifying the grounds for the imposition of the restriction;

Article 18

(3) Where a person is detained by virtue of any such law as is referred to in subsection (1) (not being a person who is detained because he is a person who, not being a citizen of Mauritius, is a citizen of a country with which Mauritius is at war, or has been engaged in hostilities against Mauritius in association with or on behalf of such a country or otherwise assisting or adhering to such a country) —

(a) he shall, as soon as is reasonably practicable and in any case not more than 7 days after the commencement of his detention, be furnished with a statement in writing in a language that he understands, specifying in detail the grounds upon which he is detained.

Article 33

Subject to section 34, a person shall be qualified to be elected as a member of the Assembly if, and shall not be so qualified unless, he ... (d) is able to speak and, unless incapacitated by blindness or other physical cause, to read the English language with a degree of proficiency sufficient to enable him to take an active part in the proceedings of the Assembly.

Article 34

(1) No person shall be qualified to be elected as a member of the Assembly who—

(c) is a party to, or a partner in a firm or a director or manager of a company which is a party to, any contract with the Government for or on account of the public service, and has not, within 14 days after his nomination as a candidate for election, published in the English language in the Gazette and in a newspaper circulating in the constituency for which he is a candidate, a notice setting out the nature of such contract and his interest, or the interest of any such firm or company, therein;

Article 49

The official language of the Assembly shall be English but any member may address the chair in French.

Mozambiqueedit

Constitution as adopted on 21 January 2005.^[10] Zdroj:https://en.wikipedia.org?pojem=List_of_linguistic_rights_in_African_constitutions
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