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 of 2020. Article 3 (1) Arabic is the national and official language. (2) Arabic shall remain the official language of the State. (3) A High Council for the Arabic Language shall be established under the auspices of the President of the Republic. (4) The High Council for the Arabic Language shall be assigned the special task of working towards the affluence of the Arabic language, the generalisation of its use in scientific and technological fields and promoting the translation into it for this purpose. Article 4 (1) Tamazight shall also be a national and an official language. (2) The State shall endeavour to promote and develop it in all its linguistic varieties in use throughout the national territory. (3) An Algerian academy for the Tamazight language shall be established under the authority of the President of the Republic. (4) It shall be supported by the work of the experts and assigned the task of providing the necessary requirements to develop the Tamazight language in order to integrate it as an official language in the future. (5) The modalities of implementing this Article shall be stipulated by an organic law. Benin Constitution as adopted on 2 December 1990.Linguistic Rights - National Constitutions, "UNESCO MOST" Accessed 2010-10-28. 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. 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. 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 2005Morris, B. L. (1975). The Constitution of Burundi. "Issue: A Journal of Opinion 5(2): 24-28". 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.Constitution of the Republic of Cameroon Accessed 2010-10-28. 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.Constitution of the Republic of Cape Verde Accessed 2010-10-28. 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. 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. 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.Constitution of the Democratic Republic of Congo (French) Accessed 2010-10-28. 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. 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 [particular] race, ethnicity, gender, religion, cult, language or region.
Egypt Constitution as adopted on 11 September 1971. 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. 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. 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. 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