A/CONF.189/PC.2/22
page 12
Explicit recognition
36.
The 1960 UNESCO Convention, though adopted well before the two International
Covenants, explicitly recognizes the right of members of national minorities to “the use or the
teaching of their own language” (art. 5, para. 1 (c)). However, that recognition, while explicit,
does not apply to State schools but to schools established by minorities who wish “to carry on
their own educational activities” (art. 5, para. 1 (c)). There do not appear, therefore, to be any
additional obligations on the educational system established by the State.
37.
The instruments dealing particularly with minorities appear to give more protection to
minorities’ identity in educational terms, although they are drafted in such a way as to give
States discretion to decide for themselves whether it is appropriate to make provision for such
education.29
(a)
This applies to the Declaration on the Rights of Persons Belonging to National or
Ethnic, Religious and Linguistic Minorities, which states as follows in article 4, paragraph 3:
“States should take appropriate measures so that, wherever possible, persons belonging to
minorities may have adequate opportunities to learn their mother tongue or to have instruction in
their mother tongue” (author’s emphasis);
(b)
The document of the Copenhagen Meeting of the Conference on the Human
Dimension of the Conference on Security and Cooperation in Europe (5-29 June 1990)
proclaims, in paragraph 34, the rights of persons belonging to minorities to receive instruction of
their mother tongue or in their mother tongue;
(c)
Article 14, paragraphs 1 and 2, of the Council of Europe Framework Convention
for the Protection of National Minorities guarantees the same rights, but on condition that there
are sufficient people belonging to minorities and having regard to the resources available to the
State;
(d)
The 1993 draft United Nations declaration on the rights of indigenous peoples
recognizes indigenous peoples’ “right to revitalize, use, develop and transmit to future
generations their histories, languages, oral traditions, philosophies, writing systems and
literatures ...” (art. 14) and indigenous children’s “rights to be provided access to education in
their own culture and language”, even if they live outside their communities (art. 15).30
38.
The treaty bodies have an important role to play in interpreting convention provisions
regarding the issue of non-discrimination in education. The Committee on the Elimination of
Racial Discrimination, for example, rightly considers that the use of a minority language,
including as a compulsory teaching language, is a step towards implementation of the
principle of non-discrimination within the meaning of articles 1, paragraph 4, and 2, paragraph 2,
of the 1965 International Convention on the Elimination of All Forms of Racial
Discrimination.31 In many of its reports, the Committee also recommends that States parties
should take all appropriate measures to ensure the promotion of minority languages and to
enable children, including the children of migrant workers, to pursue their studies in their mother
tongue.32