A/78/195
experience of those who are stateless or were formerly stateless, 3 no indication exists
that there will be any greater effort to focus on the main sources of statelessness and
the need to respect the right to equality without discrimination in matters of
citizenship, or to prevent millions of minorities from being denied citizenship. There
are already signs of conducting “business as usual” by trying to “end” statelessness
without addressing the real root causes of most cases. First, the recommendation to
end statelessness found in Our Common Agenda, which is to form the basis for the
new initiative and presumably a new campaign, contains no mention of minorities
and statelessness, though it does contain references to migrants and refugees, even
though minorities – and not migrants or refugees – are the main victims of
statelessness globally. 4 In addition, private discussions with a United Nations official
about the form that a new campaign to end statelessness might take from 2024 suggest
that there is no desire or appetite to focus on minorities, as the subject is too
“sensitive”, and that there is thus an unwillingness or inability to address the main
causes of statelessness.
B.
Education, language and human rights
17. The Special Rapporteur’s priority theme of education and minority languages
remained a continuing focus throughout his mandate. As with statelessness, he raised
the issue in all country visits and participated in a large number of activities and
conferences on the same. While for members of linguistic minorities education is
central to the maintenance and respect of their identity, this is one area of international
human rights where the international community has not been the most responsive or
accepting.
18. In the handbook issued in 2017 by the then Special Rapporteur on minor ity
issues, entitled “Language rights of linguistic minorities: a practical guide for
implementation”, it is clearly stated that, where there is a sufficiently high numerical
demand, public education services must be provided in a minority language to the
appropriate degree, broadly following a proportional approach. This includes all
levels of public education from kindergarten to university. If demand , the
concentration of speakers or other factors make this not feasible, State authorities
should, as far as practicable, at least ensure the availability of minority language
teaching. In addition, all children must have an opportunity to learn the official
language or languages. 5
19. In his 2020 thematic report to the Human Rights Council, the Special
Rapporteur similarly emphasized that inclusive and quality education for members of
linguistic minorities meant, as far as was practicable, education in their own language
(A/HRC/43/47, para. 48) and that it would be discriminatory to not provide for the
proportional use of a minority language as a medium of instruction in public schools
where reasonable and justified. Generally speaking, a minority language should be
used in education as much as possible, at the highest level possible. For pedagogical
and other reasons, a mother tongue should be the language of instruction, where
practical, and in cases where this is not really feasible should at the very least be
taught as a subject (ibid., para. 59). Not to do so would constitute a breach of the
prohibition of discrimination in international law. Similarly, in recommendations
emanating from the twelfth session of the Forum on Minority Issues, held in 2019,
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3
4
5
6/21
See www.unhcr.org/ibelong/the-new-global-alliance-to-end-statelessness/.
A/75/982. See commitment 4: abide by international law and ensure justice, and the following
related key action: legal identity for all, end to statelessness and protection of internally
displaced persons, refugees and migrants.
OHCHR, “Language rights of linguistic minorities: a practical guide for implementation”, March
2017.
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