Legal Status

In the 1990s, the Belgian regional government of Wallonia was the first to recognise Limburgish legally and politically as a separate language, and the Dutch government soon followed suit. However, such recognition was withheld by the Belgian federal government. As a result, in East Limburg Limburgish has become part of the language policy and politics of the regional government. Similarly, no language policy has been implemented for Limburgish in West Limburg by the Belgian federal government, but the regional government in West Limburg has promised to implement such a policy in accordance with the spirit of the European Charter.

Ms. Léonie Robroek, Chair of the Stichting DOL (‘Foundation for Limbourg Language Education’), was the first person to address the Dutch government with a request for the recognition of Limburgish in East Limburg as a regional language under the European Charter for Regional or Minority Languages. In a letter from the Dutch Ministry of the Interior, dated January 29, 1996, Ms. Robroek was informed that on the basis of the information she had supplied, Limburgish could be recognised as a regional language, but that such recognition would only be possible following a formal request by the Limburgish government. The Limburgish government then asked Vereniging Veldeke – the largest organisation dedicated to the promotion of Limburgish – to prepare such a request for recognition.

The Vereniging Veldeke established a working group with very specific objectives. The organisation’s request to the Dutch government stated that there was no need to promote Limburgish from a ‘dialect’ to a ‘language’. Limburgish would continue to function in a subsidiary role to the Dutch language and not be awarded the same status. In addition, the working group promised not to create a single written standard for Limburgish. Recognition was requested for all dialects spoken within the Limburgish region, including those considered not to be a part of the Limburgish language. The working group requested only that the language be recognised, in order to counteract a decrease in the number of its speakers.
The Dutch government was also informed that the working group was aware that recognition could potentially encourage anti-Dutch sentiments in the region. Such undesirable political consequences could be prevented through the provision of adequate information by the government, so as to make clear to the local population the exact nature and scope of this formal recognition. It was hoped that such recognition would eliminate East Limburgers’ concerns about their marginalisation within the Dutch state, and consequently foster acceptance of a state of which they had become citizens for historical reasons.

To this end, a request was prepared for recognition under Part II of the European Charter. The request also left open an option to submit a further request for recognition under Part III of the Charter at a future date. On the basis of this request, the Dutch government recognised Limburgish as a language under the European Charter on February 20, 1997.

In accordance with the regulations of the Charter, Limburgish is not recognised as a dialect of Dutch, the official language, but as a separate language on its own. The Dutch government has accepted an obligation to support Limburgish by means of purposeful actions and to facilitate and encourage oral and written usage of the language, both in public as well as in private. All unjustified forms of distinction, exclusion, limitation or preferences in relation to the use of Limburgish, which aim to prevent or endanger the maintenance or development of the language, must be removed. Through the use of suitable forms and means, the Dutch government must make educational provisions for, and in, Limburgish at all relevant educational levels. Non-speakers of Limburgish must also be given an opportunity to learn Limburgish. In addition, support must also be made available to study, as well as to conduct research into, Limburgish at university level. Finally, the Dutch government is required to ensure that links between groups which use the same regional language within the Netherlands or outside its borders also receive support.

Although Limburgish has received legal recognition, the language does not have the same official status as Dutch. Limburgers cannot ask their regional government to use Limburgish as a language of government. All oral and written communications with the government must by law continue to be conducted in the Dutch language.
Part II of the Charter does not provide explicitly for the use of Limburgish as a language or subject of instruction in schools. Article 55 of the Dutch Child Care Act, the Wet op de Kinderopvang, stipulates that Dutch shall be the only language of instruction used at child care centres. Exceptions to this include Frisian and regional languages that are in common usage. This means that Limburgish may be used as a language of instruction in child care centres in addition to Dutch. Article 9 of the Dutch Primary Education Act, the Wet op het basisonderwijs, also prescribes that Dutch shall be the only language of instruction in primary schools, but also permits for the same exceptions as can be found in the Dutch Child Care Act.
Even though Part II of the Charter does not provide explicitly for Limburgish to be taught as a separate school subject, such an interpretation remains open. In 2004, an Expert Committee of the Council of Europe asked a question in relation to this issue during their examination of the situation in Limburg. However, representatives of the Limburgish language stated that they did not consider such compulsory inclusion of Limburgish within the national curriculum to be necessary.

Although the Dutch state is obliged under international law to adhere to the provisions of the European Charter, any significant endeavour on their part to facilitate compliance with such provisions remains at a very low level. Instead, such compliance is left to the Limburgish government, although Limburg is not a contracting party to the European Charter and therefore cannot be held liable for implementing such provisions.

References
Belemans, R. Hoe om te gaan met het inter-Limburgse statusverschil van de dialecten, in: Heijenrath, L., Kroon, S. (ed.), Vereniging Veldeke Limburg Jaarboek 2006, Veldeke Limburg, 2007, 16-20.
Werkgroep Erkenning Limburgs als Streektaal: Advies inzake de erkenning van het Limburgs als streektaal, 1996.

European Charter for Regional or Minority Languages of 25 June 1992, CETS no. 148.
European Charter for Regional or Minority Languages, Application of the Charter in the Netherlands, 2nd monitoring cycle, ECMRL (2004) 8.

http://www.opgenort.nl/limburgs/europesestreektaal.php (18-6-2008).
http://www.limburgsedialecten.nl/ (18-6-2008).
http://limburgs.cjb.net/ (18-6-2008).