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fact that it is for a State party to decide what shall be its official language and it is not competent
to the Committee to direct the State party to adopt any other language or languages as official
language or languages of the State. Once a State party has adopted any particular language or
languages as its official language or languages, it would be legitimate for the State party to
prohibit the use of any other language for official purposes and if the State party does so, its
action cannot be branded being in violation of article 19, paragraph 2.
Re. article 26
7.
We are also of the view that the circular does not violate article 26. Article 26 is a
free-standing guarantee of equality and strikes at discrimination. The only argument which
seems to have been advanced by the authors in paragraphs 3(4) and 3(5) in support of its claim
of violation of article 26 is that by reason of English being declared as the only official language
of the State and the failure of the State to enact legislation allowing the use of other languages,
the authors have been denied the use of their mother tongue in administration, justice, education
and public life. This argument has already been rejected by us while dealing with article 19,
paragraph 2, and the same reasoning must apply in relation to the challenge under article 26. It
is significant to note that it is nowhere alleged in the communication that the action of the State
in declaring English as the official language and not allowing the use of other languages was
directed only against the use of Afrikaans while permitting the other languages to be used. The
action of the State in declaring English as the official language and not allowing the use of other
languages by enacting appropriate legislation was clearly not violative of article 26 because all
languages other than English were treated on the same footing and were not allowed to be used
for official purposes and there was no discrimination against Afrikaans vis-à-vis other languages.
8.
The reliance on the circular referred to above would also not help the
authors to substantiate their claim under article 26. The circular is
clearly intended to provide that all official phone calls and correspondence
should be treated exclusively in English, which is the official language of
the State. That is the thrust, the basic object and purpose of the circular
and it is in pursuance of this object and purpose that the circular directs
that the Government officials should refrain from using Afrikaans when
responding to official phone calls and correspondence. The circular refers
specifically only to Afrikaans and seeks to prohibit its use by Government
officials in official phone calls and correspondence, because the problem was
only in regard to Afrikaans which was at one time, until replaced by English,
the official language and which continued to be used by Government officials
in official phone calls and correspondence, though it had been ceased to be
the official language of the State. There was apparently no problem in
regard to the tribal languages because they were at no time used in
administration or for official business. But Afrikaans was being used
earlier for official purposes and hence it became necessary for the State to
issue the circular prohibiting the use of Afrikaans in official phone calls
and correspondence. That is why the circular specifically referred only to
Afrikaans and not to the other languages. This is also evident from the
statement in the circular that Afrikaans