A/HRC/21/53
dominant language of the State.47 They are also better equipped to take part in cultural
activities. Notably, the UNESCO strategy for language in education is guided by principles
to foster mother-tongue instruction and bilingual and multilingual education. 48
43.
Traditional knowledge associated with indigenous peoples’ natural environment is
often embedded in indigenous peoples’ languages. 49
44.
Families and, in particular, indigenous women, are repositories of indigenous
peoples’ traditions and cultures and can play a central role in the retention, transmission and
revitalization of indigenous peoples’ languages. As a caregiver, a mother has an integral
role in passing on indigenous languages to her children and embedding in them the
importance of language. Concern has been raised about legislation and policies that
discriminate against indigenous women and the impact that has had on the retention of
languages and cultures.50 Notably, the Declaration requires that particular attention be paid
to the rights and special needs of indigenous women, youth and children, inter alia (art. 22).
45.
Indigenous women and youth inherit much responsibility for the preservation of
their indigenous languages and should work together with other members of their
communities to do so, including elders.51
46.
States should take primary responsibility for providing formal legal and policy
support for the promotion and, where necessary, revitalization of indigenous peoples’
languages, albeit with the consent of the indigenous peoples affected.52 Positive examples
include the New Zealand Maori Language Act 1987, which recognizes the Maori language
as an official language, the Constitution of Morocco 2011,53 the Norwegian Constitution
and Norwegian Sami Act, the Northwest Territories’ Official Act and the establishment of
the Foundation of Indigenous Languages in Canada, which developed draft legislation
aimed at promoting and protecting indigenous languages.
47.
In some States, support of indigenous languages and cultures is consistent with their
obligations in treaties, agreements and other constructive arrangements between indigenous
peoples and States.54
48.
Use of indigenous languages need not be confined to indigenous individuals and
peoples and should be encouraged outside of their communities.55 As one submission noted
in the Australian context, “the adoption of First Peoples languages by the wider Australian
community as everyday vernacular, including place and street names, national park and
conservation reserve names and interpretative signage, plant and animal names and
description of natural phenomena and landmarks is an important part of Australian society,
reconciliation, awareness-raising, as well as being a matter of deep pride for First
Peoples.”56
47
48
49
50
51
52
53
54
55
56
Submissions from Inuit Circumpolar Council (Canada) and Tasmanian Aboriginal Centre Inc.
UNESCO, see http://www.unesco.org/new/en/education/themes/strengthening-educationsystems/languages-in-education/mission/.
Submission from Kontinónhstats – The Mohawk Language Custodians.
Ibid.
Many submissions, including Kontinónhstats – The Mohawk Language Custodians.
Submission from Assembly of First Nations.
United Nations Independent Expert in the Field of Cultural Rights, visit to Morocco and Western
Sahara, preliminary conclusions and observations, Rabat, 16 September 2011.
Submission from Assembly of First Nations.
Submission from New Zealand Human Rights Commission.
National Congress of Australia’s First Peoples.
11