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La linguistique légale à la recherche du locuteur natif. De la détermination de l'origine des demandeurs d'asile

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Forensic linguistics and the search for the native speaker : establishing the national origins of asylum seekers This article seeks to show how the field of forensic linguistics is currently forcing a reevaluation of the notion of native speaker, as a result on new methods of linguistic analysis. Such methods, which have existed since the mid-1990s in countries such as Britain, Switzerland, and Australia, seek to determine the national origins of asylum seekers suspected of making false declarations. The notion of native speaker, which has no academically accepted theoretical basis in linguistics, is drawn on in two ways here. Firstly, the native speaker is idealized by the government as a monolingual whose geographical origin is identifiable in discursive markers of various types (phonetic, content-based). The “Guidelines for the Use of Language Analysis in Relation to Questions of National Origin in Refugee Cases” published in 2004 by university-trained linguists (the Language and National Origin Group), aim to redefine this political requirement in a way which is scientifically acceptable to forensic linguistics. Secondly, a native speaker is a speaker whose skills are called on in identification procedures, competing directly with university-trained linguists. Some signatories to the Guidelines explicitly reject the use of natives as experts in asylum cases, arguing that they represent a profane, rather than learned type of knowledge, and that this latter should be the only type used in forensic linguistics.

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... L'analyse de cette mise en mot de l'expérience migratoire n'est pas seulement rendue nécessaire par l'essor de l'analyse du discours dans les sciences sociales au début des années 2000. C'est aussi le rôle du discours dans la gestion de la nouvelle migration par les étatnations européens et les enjeux politiques qui entourent les régimes de vérités auxquels les récits de demandeurs d'asile sont soumis qui force la sociolinguistique à repenser ces outils théoriques et analytiques (Muni Toke, 2010). Rappelons ici que depuis la fin des années 1970 une large majorité des États européens met fin à l'immigration économique et réduit la migration aux seuls cas de l'asile politique, du regroupement familial et de la poursuite d'études, rendant la dichotomie mensonge/vérité du récit de vie des demandeurs d'asile un axe de différentiation préstructurant le tri humain pour le statut de réfugié. ...
... Many studies examine the exploitation of migration (Duchêne et al., 2013; Lorente 2012) through labor that produces new inequalities (Codo & Garrigo, 2014;Del Percio, 2018) at all levels of society including education (Martin Rojo, 2010). Concomitantly, the fetishization of the native speaker (Muni Toke, 2010;Shohamy, 2006, p. 66) leads to a systematically prescriptive and negative assessment of migrants. 16 It is assumed that they will never succeed in mastering the "language" of the country of residence (Rosa & Flores, 2017) even when they engage in a process of 13 I was, myself, called by the Swiss Refugee Council only to confirm that it was possible for a person to live in the Kidal region in Mali for seven years without speaking either Songhay or Tamashek (but Pulaar, Arabic, French, and Bambara). ...
... As a linguistic category, the 'native speaker' has been rightly criticised by linguists and applied linguists (Paikeday 1985;Davies 1991;Rampton 1990;Cook 1999;Renaud 1998;Singh 1998;Muni Toke 2013). As a social and political category, the 'native speaker' is very much alive as advertising for language schools and language teachers keeps promoting the "native speaker teacher" worldwide and so do the general press or TV broadcasters (Blommaert 2010;Hackert 2012;Muni Toke 2010). This confusion has social implications for the language teacher or the social professional actor 1 of language teaching. ...
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