A/HRC/22/49
E.
Minority languages in the media
54.
Minorities have the right to enjoy media in their own language and establish their
own media. Nevertheless, restrictions on the free establishment and functioning of media in
minority languages have been witnessed in a number of countries. For minority
communities the right to media in their language and appropriate to their cultural identity is
particularly important and a vital vehicle for the preservation and transmission of minority
cultures. Any unreasonable prohibition or restrictions of such rights in public or in private
media could constitute a violation of minority rights and freedom of expression.
Restrictions reported include barriers to the issuance of licences and the adoption of
legislation prescribing quotas for broadcasting time in a certain language. No undue
restrictions, censorship or requirements for translation should be imposed on minoritylanguage media.23
55.
A lack of minority language programmes in publicly funded media is frequently a
concern, and public media should review the extent to which its content caters to minority
audiences. Where relatively large minority communities are dispersed throughout a
country, minority language programmes broadcast nationally should be considered. In other
cases regional-based programming may be a more appropriate solution, catering to the
needs of minorities concentrated in particular regions. The extent of programming depends
on factors such as demand and, to some extent, the availability of private minority media
sources. Nevertheless, minorities pay for public media via their taxes and consideration
must be given to their content requirements. In the United Kingdom of Great Britain and
Northern Ireland, the Asian Network of the BBC provides publicly funded radio
programming, in languages such as Bengali, Gujurati, Hindi, Punjabi and Urdu, that
responds to the language, cultural and artistic requirements of listeners originating from and
around the Indian subcontinent.24
56.
Problems relating to access to minority language media may stem not from State
legislation or policy but from a lack of resources, skills and technical or journalistic training
that limits capacity to establish minority language media. In such cases the State can play a
valuable role in assisting minorities and, where necessary, financially supporting training
and initiatives to create minority language media. Minorities have the right to maintain
cross-border relations, including with kin States, and these extend to the ability to receive
language media and web-based information originating from abroad that conforms to
international standards, for example with respect to the prohibition of incitement to ethnic
or religious hatred.
F.
Minority languages in public administration and judicial fields
57.
The ability of minorities to engage institutions and administrative bodies in minority
languages ensures that they are able to express their views, participate in consultative
processes and influence national policy that affects them and the regions where they live.
Where linguistic minorities face language barriers to their interaction with authorities their
right to participate fully in public life, as required by the 1992 Declaration on Minorities,
may be limited. Some States have population percentage thresholds above which minorities
may use minority languages in official interactions with government officials and bodies
23
24
In 2003, the OSCE High Commissioner on National Minorities published the Guidelines on the Use
of Minority Languages in the Broadcast Media, which provide valuable guidance of relevance to
States in the OSCE region and which will also be useful to other countries globally.
See www.bbc.co.uk/asiannetwork/.
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