Six municipalities from the Vlaamse Rand are called ‘municipalities with facilities’ because in 1963 the legislator decided to grant language facilities or concessions to the French language minority on the basis of the results of the 1947 language census. These municipalities are Drogenbos, Kraainem, Linkebeek, Sint-Genesius-Rode, Wemmel and Wezembeek-Oppem. Following the 1970 revision of the Constitution these 6 municipalities were annexed to the Dutch language area and the 1988 state reform laid down the system of facilities in the Constitution. The circulars Peeters, Martens and Keulen supplement the existing language law regarding these municipalities.
The establishment of the linguistic boundary in the 8 November 1962 Act and the Language Act of 2 August 1963 divided Belgium into 4 language areas: a Dutch, French and German language area and a bilingual Brussels district. In the homogenous language areas the vernacular is considered the official language of the administration and in education. However, a number of municipalities along the linguistic boundary and around Brussels which count at least 30% of foreign speakers among their residents acquired a status of facilities as part of the language compromise of Hertoginnedal.
Until then the language status of a municipality had depended on the results of a language census. Due to the large-scale immigration of French-speaking residents from Brussels in the municipalities of the Brussels periphery, the social and linguistic pressure from the capital and the disputable questioning method used in the language census a number of bilingual municipalities were systematically extended at the expense of the monolingually Dutch municipalities. Municipalities with more than 50% foreign speakers became bilingual and the presence of 30% foreign speakers led to the introduction of a system of facilities. Four of today’s six municipalities with facilities in the Brussels periphery, viz. Drogenbos, Wemmel, Kraainem and Linkebeek, had already introduced a similar ‘welcome’ system for foreign speakers in 1954. The Vlaamse Beweging worked hard for a balanced language law and for the demarcation of the linguistic boundary in order to put an end to the further ‘Frenchification’ of the Flemish municipalities.
In administrative affairs
The Language Act of 2 August 1963 in administrative affairs stipulated that in these municipalities with facilities the contacts between the municipal administration and the residents was to take place in Dutch or in French, according to the wishes of the resident concerned. Notices and communications of the municipality must be drawn up in both languages, precedence being given to the Dutch language. Forms, deeds, licences and other administrative documents must be available in both languages or be drawn up in either French or Dutch, according to the choice of the resident concerned. The regulation on the facilities only applies for the communication between the municipal authorities and the individual residents, not for policymakers. In other words, municipal councils and meetings of the Boards of Mayor and Aldermen in these six municipalities with facilities must be held exclusively in Dutch. The circular Peeters pointed out that residents must apply for the translated documents themselves.
In Education
Education in the municipalities with facilities is in Dutch. French-language education can only be organised in nursery and primary education. These nursery and primary schools are organised by the Flemish Community at the request of at least 16 French-speaking parents who live in the municipality concerned.
Opposite views
From the very onset the aim of this regulation on facilities has been interpreted differently: as permanent language rights or as temporary measures to promote integration. As the legislation was vague in this respect these different – even opposite - interpretations continued to exist. These provisions result from a compromise that was reached with great difficulty and in which a number of matters were formulated in such a way that they could be defended by all parties with their grassroots support.
Since the abolition of the language census (Act of 24 July 1961), no official data have been available anymore about the language use in these municipalities. However, several indicators reveal that the Frenchification of these six municipalities has continued. This shows among other things from the results of the local elections. Meanwhile, most of these municipalities have a French-speaking majority. As a result, the compulsory use of Dutch as official language is hotly disputed on the French-speaking side. Meanwhile, French-speaking policymakers have called on international bodies to denounce this language situation (see rulings of Council of Europe, UN). Other indicators as well reveal a gradual Frenchification and recent internationalisation, such as the number of foreign-speaking pupils entering Dutch-language education and the figures provided by Kind & Gezin.
The Flemish side realised that in reality the facilities did not promote integration. On the contrary many new French-speaking immigrants from Brussels established themselves in these very municipalities because here they could be addressed in their own language. Contrary to its original intent, the language regulation thus further promoted the Frenchification in the municipalities concerned. Since the abolition of the facilities is only possible via an amendment to the Constitution at the federal level, the Flemish authorities are enforcing a strict application of the language legislation in the 6 municipalities, among other things by means of the circular Peeters.
