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appropriate measures so that, wherever possible15, persons belonging to minorities may
have adequate opportunities to learn their mother tongue or to have instruction in their
mother tongue.
32.
In the regional context, protection of the rights of linguistic minorities via regional
standards is well developed in Europe. The European Charter for Regional or Minority
Languages provides principles and objectives upon which States parties must base their
policies, legislation and practice relating to regional or minority languages. It also provides
a series of concrete undertakings relating to specific areas relevant to minority language
use, including education, engagement with judicial and administrative authorities, access to
public services, media, cultural activities and facilities, economic and social life, and crossborder exchanges. The Charter has been ratified by 25 States and signed by another 8
States. A committee of experts monitors its implementation in each State and makes
recommendations for improvements in legislation, policy and practice.
33.
The Council of Europe Framework Convention for the Protection of National
Minorities also contains extensive provisions for the protection of the rights of linguistic
minorities and minority languages. Articles 5 and 9 to 14 address the responsibilities of the
State in, inter alia, the fields of minority language use in public and private spheres,
provision of information and engagement with administrative authorities in minority
languages, the media, minority languages in education and the right of minorities to
establish private educational institutions, the use of names, signs and public information in
minority languages, and the use of minority languages in the legal and judicial realm.
Despite strong regional standards, implementation continues to be poor in many countries.
34.
In other regional contexts, regional standards are weaker and monitoring of State
compliance with human rights standards is less rigorous. More than 2,000 languages are
spoken in Africa, yet there is no regional standard specifically devoted to language rights or
minority languages. The African Charter on Human and Peoples’ Rights does not
substantively address language rights, although language is stated as one of the prohibited
grounds of discrimination. However, the emphasis of the Charter on the rights of ―peoples‖
should be interpreted as placing a strong emphasis on group and minority rights, and article
22 states that all peoples should have the right to their economic, social and cultural
development with due regard to their freedom and identity.
35.
The Cultural Charter for Africa includes provisions explicitly relating to African
languages. Its preamble states that ―it is imperative to resolutely ensure the promotion of
African languages‖. Article 17 states that ―African States recognize the imperative need to
develop African languages which will ensure their cultural advancement and accelerate
their economic and social development and to this end will endeavour to formulate a
national policy in regard to languages‖. Article 18 calls upon States to ―prepare and
implement the reforms necessary for the introduction of African languages into education‖,
and states that ―to this end each state may choose one or more languages‖.
36.
In the Asian and Middle East contexts, despite some positive provisions,16 measures
to strengthen regional standards are needed. On 18 November 2012, member States of the
Association of Southeast Asian Nations (ASEAN) adopted the ASEAN Human Rights
Declaration. Every person is entitled to the rights set out in the Declaration without
distinction of any kind, including language. However, while there are provisions for the
rights of vulnerable and marginalized groups, and the Declaration affirms economic, social
15
16
10
The term ―wherever possible‖ should not be construed as limiting the obligations on the State.
The Arab Charter on Human Rights of the 22-member League of Arab States requires, under article
25, that ―persons belonging to minorities shall not be denied the right to enjoy their own culture, to
use their own language and to practice their own religion‖.