Guidelines on the use of Minority Languages in the Broadcast Media
ICCPR States Parties are obliged to ensure the effective enjoyment of the rights
of minorities and to take such positive measures as may be necessary in order
to protect the rights of members of minority groups to enjoy and develop their
culture and language. The U.N. Declaration on Minorities states in Article 4(1)
that “States shall take measures where required” to ensure that persons
belonging to national minorities effectively exercise their human rights. The
Framework Convention states in Article 6(1) that Parties shall “promote mutual
respect and understanding and co-operation” among persons, “irrespective of
linguistic identity”, through, inter alia, the media. The European Language
Charter states in Article 7(1)(c) that the Parties agree on “the need for resolute
action to promote regional or minority languages in order to safeguard them”.
Under Article 10(3) of the ECTT, States Parties “undertake to look together for
the most appropriate instruments and procedures to support, without
discrimination between broadcasters, the activity and development of European
production, particularly in countries with a low audiovisual production capacity
or restricted language area”. More specifically, Article 11(1)(a, b and c) of the
European Language Charter requires the State to create, encourage or facilitate
radio or television channels or programming in regional or minority languages.
Moreover, Article 11(1)(d) of the European Language Charter requires States
Parties “to encourage and/or facilitate the production and distribution of audio
and audiovisual works in regional or minority languages”.
Likewise, international instruments point explicitly to the need to provide
meaningful access to minority language broadcasting. The Framework
Convention, for example, provides in Article 9(4) that: “In the framework of
their legal systems, the Parties shall adopt adequate measures in order to
facilitate access to the media for persons belonging to national minorities”.
Article 9(1) forbids discrimination against persons belonging to national
minorities in their access to the media. The European Language Charter obliges
States Parties in Article 12(1)(a) to “foster the different means of access to
works produced in [regional or minority] languages”.
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The requirements that States, when providing meaningful access to minority
language broadcasting, take into account the numerical size, concentration
and distribution as well as needs and interests of persons belonging to
national minorities, are intended to assist States in implementing effective
equality of access. The European Language Charter, in Article 11(1), states that
policy towards the media should be designed, inter alia, “according to the
situation of each language”. Recommendation 9 of the Oslo Recommendations
regarding the Linguistic Rights of National Minorities states more specifically
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