A/HRC/22/49
their language, culture and identity. Where historical restrictions have been imposed and
subsequently repealed, legal and administrative measures may be required to ensure that
those affected may legally register and use their preferred spoken and written names. Birth
registration and other relevant forms should, wherever possible, be available in the
languages spoken by large minority populations.
H.
Participation in economic and political life
62.
To participate fully in economic life and be able to benefit from all opportunities in
equality with others it is necessary for minorities to be proficient in the national or State
language, certainly if they wish to move beyond local or regional minority areas in which
minority languages are used. In some cases the geographic and economic mobility of
minorities is severely restricted by lack of proficiency in the national language. Due to
language issues, labour market access for minorities may be restricted to certain jobs and
localities, with implications for income and the opportunities for employment. Minorities
may be restricted to low income or seasonal jobs in such areas as manual labour.
63.
Minorities have reported barriers to their recruitment and continuing employment in
the public or government sectors, for example in situations in which the official national
language has changed, such as in some countries of the former Soviet Union that gained
independence in the 1990s. Even in cases where minorities are proficient in the national
language, examples of discrimination against non-native speakers have been reported. In
some countries, following conflict or occupation, for example, minorities and returnee
communities report that restrictions are placed on their access to employment, and that jobs
they previously held are given only to the dominant or majority ethnic and linguistic
community. There should be equal access to public sector employment for members of all
linguistic communities. In some circumstances evidence suggests that minorities have left
their country of residence to return to kin States on the basis of real or perceived restrictions
to their opportunities for employment and participation in public life due to language and
nationality factors.
64.
Some minorities have reported economic disadvantages and discrimination resulting
from policies of population resettlement and mass migration of dominant ethnic and
linguistic groups to minority areas. This may result in the marginalization of the minority
groups’ languages, which are gradually replaced by the dominant group’s language as an
area’s lingua franca and the primary language for employment in a region. Those who are
native to the region but do not speak the dominant language have reported becoming
ineligible for State employment and finding themselves at a disadvantage for virtually all
jobs compared to settlers who may be given priority. Where administrative and government
structures are controlled by the dominant community, minority group members report that
those employers hire those belonging to their own ethnic and linguistic group.
65.
Engaging in political life and decision-making processes at all levels also commonly
requires proficiency in the official State language. However this can potentially exclude
some linguistic minorities from fulfilling their right to participate effectively in political life
and to be involved in decision-making processes that may affect them or the territories on
which they live. In autonomous regions or states where certain languages are granted
official status, those who do not speak the official language may be barred from standing
for or holding certain public offices. Such challenges must be recognized and addressed to
ensure that linguistic minorities are not unfairly excluded from political life at any level.
Decentralized, federal and autonomous political structures are often beneficial to the
political participation of linguistic minorities.
66.
Proficiency in the State language is sometimes a requirement for access to
citizenship and has proved problematic for some who lack such proficiency. While it is
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