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Language analysis for the determination of origin

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Language Analysis for the Determination of Origin (LADO) is an instrument used in asylum cases to determine the national or ethnic origin of the asylum seeker, through an evaluation of their language profile. To this end, an interview with the asylum seeker is recorded and analysed. The analysis consists of an examination of the dialectologically relevant features (e.g. accent, grammar, vocabulary and loanwords) in the speech of the asylum seeker. LADO is considered a type of speaker identification by forensic linguists.[1]

The underlying assumption leading to government immigration and asylum bureaux use of LADO is that a link exists between a person's nationality and the way they speak. To linguists, this assumpton is flawed: instead, research supports links between the family and community in which a person learns their native language, and enduring features of their way of speaking it. The notion that linguistic socialization into a speech community lies at the heart of LADO has been argued for by linguists since 2004,[2] and is now accepted by a range of government agencies (e.g. Switzerland,[3] Norway[4]), academic researchers (e.g. Eades 2009,[5] Fraser 2011,[6] Maryns 2006,[7]) and Patrick 2013,[8] as well as some commercial agencies (e.g. De Taalstudio http://www.taalstudio.nl/taalanalyse/index_uk.html, according to Verrips 2010[9].

Background

Since the mid-1990s, language analysis has been used to help determine the geographical origin of asylum seekers by the governments of a growing number of countries (Reath, 2004),[10] now including Australia, Belgium, Germany, the Netherlands, New Zealand, Sweden, and Switzerland. Pilots have been conducted by the UK, which legitimised the process in 2003, and Ireland. A number of established linguistic approaches are considered to be valid methods of conducting LADO, including language variation and change [11] [12], forensic phonetics [13], dialectology, and language assessment[14].

Where is LADO used

In the Netherlands LADO is done by the Dutch Immigration Service (IND) and by De Taalstudio, a private company that provides language analysis and contra-expertises in LADO cases. Language analysis is used by the Dutch Immigration Service, in cases where asylum seekers cannot produce valid identification documents, and, in addition, the IND sees reason to doubt the claimed origin of the asylum seeker. The IND has a specialised unit – BLT – that carries out these analyses. BLT is short for Bureau Land en Taal (in English: Office for Country Information and Language Analysis).

Sprakab is a private company based in Sweden that does LADO. Sprakab is commissioned by the Swedish Police Service as well as the Swedish Migration Board and other police authorities from other countries. Sprakab has carried out language analyses for the UK border Agency and for the Dutch Immigrant Service. In Switzerland language analysis is carried out by LINGUA, a specialized unit of the Federal Office for Migration.

Language analysts

It is widely agreed that language analysis should be done by language experts. Two basic types of practitioners commonly involved in LADO can be distinguished: trained native speakers of the language under analysis, and professional linguists specialized in the language under analysis. Usually native speaker analysts are under the supervision of a linguist. When such analysts analysts lack academic training in linguistics, it has been questioned whether they should be accorded the status of 'experts' by asylum tribunals, e.g. by Patrick (2012)[15], who refers to them instead as "non-expert native speakers (NENSs)". Eades et al. (2003) note that "people who have studied linguistics to professional levels [...] have particular knowledge which is not available to either ordinary speakers or specialists in other disciplines".[16]. Likewise Dikker and Verrips (2004)[17] conclude that native speakers who lack any training in linguistics are not able to formulate reliable conclusions regarding the origin of other speakers of their language.

Claims for and against the use of such native-speaker analysts, and their ability to conduct LADO satisfactorily vis-a-vis the ability of academically-trained linguists, have only recently begun to be the subject of research (e.g. Wilson 2009),[18] and no consensus yet exists among linguists.

Meanwhile, the matter is a subject of litigation in asylum tribunals and appeals courts: e.g. in the UK, a 2010 Upper Tribunal (asylum) case known as 'RB'[19], supported by a 2012 Court of Appeal decision[20], argue for giving considerable weight to LADO reports carried out by the methodology of native-speaker analyst plus supervising linguist, while a more recent Scottish Court of Sessions decision known as M.Ab.N+K.A.S.Y.[21] found that all such reports must be weighed against the standard Practice Directions for expert reports. Lawyers in the latter case have argued that "What matters is the lack of qualification",[22] and since the Scottish court has equal standing to the England and Wales Appeals Court, the UK Supreme Court has been petitioned to address the issues.

Criticism of LADO

Some methods of language analysis in asylum procedures have been heavily criticized by many linguists (e.g., Eades et al. 2003[23]; Arends, 2003). Proponents of the use of native-speaker analysts agree that "[earlier] LADO reports were not very satisfactory from a linguistic point of view... [while even] today’s reports are still not likely to satisfy the average academic linguist".[24] Following an item Dutch public radio programme Argos, member of parliament De Wit of the Socialist Party presented a number of questions to the State Secretary of the Minister of Justice regarding the reliability of LADO. The questions and the responses by the State Secretary can be found here.

Further reading

Language and National Origin Group. 2004. Guidelines for the use of language analysis in relation to questions of national origin in refugee cases. International Journal of Speech, Language & the Law 11(2): 261-66. Available at UNHCR RefWorld http://www.refworld.org/cgi-bin/texis/vtx/rwmain?page=search&docid=4cbebc852&skip=0&query=language%20analysis

Patrick, Peter L. (2012) 'Language analysis for determination of origin: Objective evidence for refugee status determination.' Chapter 38 in Peter M. Tiersma & Lawrence M. Solan (eds.), The Oxford Handbook of Language and Law. Oxford: Oxford University Press, 533-546.

References

  1. ^ Peter M. Tiersma & Lawrence M. Solan (eds.), The Oxford Handbook of Language and Law. Oxford: Oxford University Press, p. 531.
  2. ^ Language and National Origin Group. (2004). 'Guidelines for the Use of Language Analysis in relation to Questions of National Origin in Refugee Cases'. The International Journal of Speech, Language and the Law 11(2): 261-266.
  3. ^ Baltisberger, Eric & Priska Hubbuch. (2010). 'LADO with specialized linguists: The development of Lingua’s working method.' In K Zwaan, P Muysken & M Verrips, eds., Language and Origin. The Role of Language in European Asylum Procedures: A Linguistic and Legal Survey, pp9-19. Nijmegen: Wolf Legal Publishers.
  4. ^ UDI 2009. ‘Specified requirements for language analysis for the Norwegian Immigration Administration.’ Oslo: Utlendings Direktoratet, July 2009
  5. ^ Eades, Diana. (2009). ‘Testing the claims of asylum seekers: The role of language analysis.’ Language Assessment Quarterly 6: 30-40.
  6. ^ Fraser, Helen. 2011. 'Language analysis for the determination of origin (LADO).' In C. A. Chapelle (Ed.), Encyclopedia of Applied Linguistics. Wiley-Blackwell.
  7. ^ Maryns, Katrijn. 2006. The asylum speaker: Language in the Belgian asylum procedure. Manchester: St. Jerome.
  8. ^ Patrick, Peter L. (2013.) 'Asylum and language analysis.' In Susan K Brown & Frank D Bean (eds.), Encyclopedia of Migration. Heidelberg: Springer Verlag. http://www.springerreference.com/docs/edit/chapterdbid/349348.html
  9. ^ Verrips, Maaike. (2010). 'Language analysis and contra-expertise in the Dutch asylum procedure.' International Journal of Speech, Language & the Law 17(2): 279-294.
  10. ^ Reath, A. (2004). 'Language analysis in the context of the asylum process: Procedures, validity, and consequences.' Language Assessment Quarterly: 1-4, 209–233.
  11. ^ Patrick, Peter L. (2010). 'Language variation and LADO (Language Analysis for Determination of Origin).' In K Zwaan, P Muysken & M Verrips, eds., Language and Origin. The role of language in European asylum procedures: A linguistic and legal survey, pp73-87. Nijmegen: Wolf Legal Publishers.
  12. ^ JK Chambers, Peter Trudgill and Natalie Schilling-Estes, eds. (2002). The Handbook of Language Variation and Change. Oxford: Blackwell.
  13. ^ Moosmüller, Sylvia. (2010). 'IAFPA position on language analysis in asylum procedures.' In K Zwaan, P Muysken & M Verrips, eds., Language and Origin. The Role of Language in European Asylum Procedures: A Linguistic and Legal Survey, pp. 43-47. Nijmegen: Wolf Legal Publishers.
  14. ^ McNamara, Tim & Carsten Roever. (2006). Language testing: The social dimension. Oxford: Blackwell.
  15. ^ Patrick, Peter L. (2012.) 'Language analysis for determination of origin: Objective evidence for refugee status determination.' Chapter 38 in Peter M. Tiersma & Lawrence M. Solan (eds.), The Oxford Handbook of Language and Law. Oxford: Oxford University Press, p. 544
  16. ^ Eades, D., H. Fraser, J. Siegel, T. McNamara & B. Baker. (2003.) ‘Linguistic identification in the determination of nationality: A preliminary report.’ Language Policy 2: 179-199.
  17. ^ Dikker, S. & Verrips, M. (2004.) 'Taalanalyse: een vak apart.' Onderzoeksrapport. Monnickendam: De Taalstudio.
  18. ^ Wilson, Kim. (2009.) 'Language analysis for the determination of origin: Native speakers vs. trained linguists.' MSc dissertation in Linguistics, University of York
  19. ^ RB (Linguistic evidence Sprakab) Somalia [2010] UKUT 329 (IAC) (15 September 2010), http://www.bailii.org/uk/cases/UKUT/IAC/2010/00329_ukut_iac_2010_rb_somalia.html
  20. ^ RB (Somalia) v Secretary of State for the Home Department [2012] EWCA Civ 277 (13 March 2012), http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2012/277.html&query=rb+and+somalia&method=boolean
  21. ^ M.Ab.N. & K.A.S.Y. v SSHD [2013] CSIH 68, http://www.scotcourts.gov.uk/opinions/2013CSIH68.html
  22. ^ Bryce, Joseph. Free Movement blog, 24 July 2013. 'Court of Sessions rules on linguistic analysis.' http://www.freemovement.org.uk/2013/07/24/court-of-session-rules-on-linguistic-analysis/
  23. ^ Eades, Diana & Jacques Arends, eds. (2004). Language Analysis and Determination of Nationality. In International Journal of Speech, Language & the Law: Forensic Linguistics, 11(2): 179-266.
  24. ^ Cambier-Langeveld, T. (2012.) 'Clarification of the issues in language analysis: A rejoinder to Fraser and Verrips.' International Journal of Speech, Language & the Law 19(1): 95, 108, p. 104.
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