Recommendations Regarding the Linguistic Rights of National Minorities advise
that “[i]nternational law requires public authorities to ensure that all persons who
are arrested, accused and tried be informed of the charges against them and
of all other proceedings in a language they understand.”23 Moreover, the Oslo
Recommendations add that “it is reasonable to expect that States should, so far
as possible, ensure the right of persons belonging to national minorities to express
themselves in their language [including through an interpreter] in all stages of judicial
proceedings (whether criminal, civil or administrative) while respecting the rights of
others and maintaining the integrity of the processes, including through instances
of appeal.”24 It should be emphasized that when persons belonging to national
minorities are able to use their language in proceedings, their perception that the
process is fair increases, which in turn fosters confidence in the justice system and
contributes to conflict prevention.
The use of minority languages entails providing, free of charge, interpretation during
proceedings and timely translation of relevant documents, including evidence used
at trial. Particular attention should be paid to making laws available in minority
languages and to developing legal terminology in minority languages consistent
with relevant national laws to facilitate the use of these languages in proceedings.
Moreover, in areas where national minorities are settled in substantial numbers,
consideration should be given to conducting all proceedings in their language, as
suggested in The Oslo Recommendations.25 In addition to ensuring that persons
belonging to minority communities can use their language in proceedings, from a
practical point of view, minorities should also be able to speak their language in
administrative procedures and in communications with courts and national human
rights bodies.26 Their language should be spoken by staff and displayed on signage
in buildings alongside majority languages. Forms, information about the institution,
legal aid services and other practicalities (such as opening hours) should be made
available in minority languages on-site and, where relevant, online.
23
24
25
26
HCNM (1998) The Oslo Recommendations, explanatory note to Recommendation 17. See also European
Convention for the Protection of Human Rights and Fundamental Freedoms (1950) article 5(2); Council of
Europe (1994) Framework Convention for the Protection of National Minorities, article 10(3); and Council
of Europe, Advisory Committee on the Framework Convention for the Protection of National Minorities
(2012) Thematic Commentary No. 3: The Language Rights of Persons Belonging to National Minorities
under the Framework Convention, paragraph 59.
HCNM (1998) The Oslo Recommendations, explanatory note to Recommendation 18. The same
standard should apply to national human rights institutions.
HCNM (1998) The Oslo Recommendations, Recommendation 19.
Council of Europe (1994) Framework Convention for the Protection of National Minorities, article 10(2).
The Graz Recommendations on Access to Justice and National Minorities
19