A/HRC/49/46/Add.1
seen its culture and language (Cajun French) come under threat because of legislation and
policies, mainly after 1916, which actively prohibited the use of the language in schools
almost until the late twentieth century. As with indigenous and Spanish languages, Cajun
French is part of the rich cultural and linguistic heritage of the country. Despite the efforts of
the Council for the Development of French in Louisiana, and the passing, in more recent
years, of several of laws to protect the State’s French language and culture, further measures
are needed for its preservation, revitalization and promotion, including through innovative
programmes to “renormalize” and strengthen its use and position in Louisiana. This could
include temporary special measures to promote the use of French in smaller communities,
and resources to renew exchanges between Cajun educational and other institutions.
37.
Similarly, the Chamorro language in Guam and neighbouring islands is on the list of
endangered languages of the United Nations Educational, Scientific and Cultural
Organization, following an English-only policy introduced by the United States, which lasted
until relatively recently. While attitudes towards the language have changed dramatically in
recent years, Chamorro is not widely taught in schools, and its use as a medium of instruction
is still very limited. This continues to have a detrimental effect on the academic performance
of Chamorro children and how they perceive their identity, language and culture. There is
widespread evidence that student achievement and performance, community and school pride
and educational opportunity are clearly and directly tied to the use of the first language of
indigenous and minority children as a medium of instruction in education.18 As with the case
of other indigenous languages and with Cajun French in Louisiana, the precarious status of
the language of the indigenous Chamorro, which reflects a legacy of discriminatory practices
by officials and repressive legislation and policies, needs to be redressed and normalized in
Guam.
38.
The Special Rapporteur believes the Native American Languages Act of 1990 should
be expanded to include indigenous languages from overseas territories such as Guam and that
it be expanded to provide guaranteed funding for sustained revitalization initiatives for those
languages.
39.
Individuals who are deaf or hard of hearing, as well as members of their families and
others who use sign languages to communicate, use a full-fledged language and are therefore
members of a linguistic minority. Concerns related to sign language include the lack of
national legal recognition of American Sign Language as a full-fledged language, and the
deprivation of its use by many deaf children who are not given instruction in it at a young
age. Federal legislation and initiatives such as the Education of the Deaf Act of 1986 support
institutions such as Gallaudet University, the world’s first university for the deaf, the National
Technical Institute for the Deaf and a number of schools for the deaf. Nevertheless, the use
of sign language in education and the status of American Sign Language in the country varies
hugely and is not always consistent. In many States, it is only recognized as a foreign
language so that it may be accepted for the purposes of a college or university credit.
Teaching in sign language is not always favoured, and in some States it is not actively used
as a medium of instruction, contrary to what is generally considered to be the best approach
in educating deaf and hard-of-hearing children.
VI. Access to justice and administration of criminal justice
40.
The Special Rapporteur commends the Biden administration for acknowledging and
taking significant steps to ensure access to justice and address the administration of justice,
including the relaunch, by the Attorney General, of the Office for Access to Justice and other
initiatives to strengthen access to legal aid in the country.
41.
The Special Rapporteur was nevertheless made aware of sentencing disparities and
incarceration rates for minorities in the criminal justice system of the United States. The use
18
10
See Special Rapporteur on minority issues, “Language rights of linguistic minorities: A practical
guide for implementation”, Geneva, 2017, sect. IV (available at
https://www.ohchr.org/sites/default/files/Documents/Issues/Minorities/SR/LanguageRightsLinguistic
Minorities_EN.pdf).