A/HRC/22/49 C. The use of minority languages in public life 45. In some national contexts Governments have imposed prohibitive restrictions on the use of minority languages in public spheres, including in political life. Under such circumstances minorities have even faced prosecution for exercising their right to use their language publicly, for example in the context of political campaigns. Such actions may be imposed in the context of efforts to stringently enforce the use of a single national language or assimilate minority communities via restrictions on their language use. In some cases, inter-ethnic or inter-religious conflict may motivate such restrictions designed to marginalize and exclude a particular population group. Few cases have been reported of restrictions on the use of minority languages in private life; however, aggressive promotion of a national language and restrictions on education in the mother tongue may be interpreted by members of a minority as attempts to assimilate them or eradicate minority language use in all spheres. 46. In some countries the use of minority languages has been deemed a threat to national unity and an attempt by minorities to reinforce territorial or separatist claims and has consequently been restricted or banned. Restrictions on language use have been reported alongside alleged prohibitions on aspects of cultural life, including song or theatre performances in minority languages, or political and civil society activities. In those contexts minority languages may become highly emotive issues, and such prohibition is a significant cause of grievances for minority communities. Any restriction on the use of minority languages and freedom of expression must be fully justified and proportionate. Attempts to prohibit or abolish the use of minority languages constitute a gross violation of minority rights. 47. While it is legitimate to promote a common State language, certain factors should be taken into account to ensure that such promotion does not become discriminatory in practice. The OSCE High Commissioner on National Minorities has emphasized that an appropriate balance is required between strengthening the State language on the one hand, and protecting the linguistic rights of persons belonging to national minorities on the other.21 In some situations historical grievances relating to language use, including the previous imposition of non-native languages, have been reported; however, such issues do not constitute legitimate grounds for restrictions to be imposed on the use of any language in public or private or failure to fully implement minority rights relating to language. D. Minority languages in education 48. Restrictions on minority languages in the field of education are particularly sensitive and can be the cause of grievances. The 1992 Declaration on Minorities states that wherever possible minorities have the right to learn or to have instruction in their mother tongue (art. 4, para. 3). Indeed, the commentary to the Declaration states that ―denying minorities the possibility of learning their own language and of receiving instruction in their own language, or excluding from their education the transmission of knowledge about their own culture, history, tradition and language, would be a violation of the obligation to protect their identity‖ (E/CN.4/Sub.2/AC.5/2005/2, para. 28). Where official State languages are the only languages used in schools, minority children whose first language is their minority language are placed at a disadvantage from the earliest years of school, since they are often less proficient in the State language and are likely to fall behind. 21 See the statement by the OSCE High Commissioner on the State Language Act of Slovakia. Available from www.osce.org/hcnm/51272. 13