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5 FORUM ON MINORITY ISSUES
Madam Independent expert on minority issues,
Madam High Commissioner of the United Nations for Human
Rights, Mister President of the Forum on Minority Affairs:
I represent a broad majority of elements in organised civil
pro-Basque-language society. Today the Basque language community is
viewed as a minority within its own territory. Indeed quantitatively we are a
minority, but I wish to point out that the fact of our being a minority in our
own territory today is the product of brutal processes of linguistic assimilation,
processes to which our language community has been subjected throughout
history.
The UN Declaration on the Rights of Persons Belonging to National or Ethnic,
Religious and Linguistic Minorities was approved on the 18th of December,
1982.
This is, in fact, the international agreement to have been approved by the UN
that refers most specifically to the issue of protecting linguistic minorities,
although as its preamble acknowledges, it is inspired by earlier texts, including
Article 27 of the International Covenant on Civil and Political Rights.
The most interesting advance represented by the Declaration is the fact that it
transcends the principle of non-discrimination, asserting the need to adopt
measures that support and promote a given minority. From this perspective it
is valid to talk about the recognition of the collective rights of minorities in
connection with protecting their identity or existence as a human group.
The Declaration is not a binding document, it is only a set of
recommendations; nevertheless, in our opinion it has a number of important
aspects. It is valuable, first of all, because it helps to clarify the general subject
of the protection of minority rights. It is also useful for the interpretation of
the content of articles of other documents which support minority language
rights. Yet another positive point is the recognition it gives, or the
proclamation, in a document with international status, of the right to one's
linguistic identity.
That of course is in the theoretical dimension, but now let us examine the real
effect of the Charter.
Part of our language community is situated on French territory, where,
because there is no recognition of collective rights, our language community,
just as the Breton, Occitan, Catalan, Corsican and other communities, have
no rights. Indeed the position of the French state is completely opposed to
the very spirit of the Declaration. So for example, the French state maintains