E Law - Murdoch University Electronic Journal of Law, Vol 2, No 1 (April 1995) INDIGENOUS PEOPLES AND LANGUAGE Fernand de Varennes [This article is an extract from a much larger work soon to appear in 1995 with Martinus Nijhoff Publishers, in the Netherlands, titled "Language, Minorities and Human Rights". The author wishes to thank Lise Lorrain, of Moncton, Canada, Elizabeth Handsley of Murdoch University, Perth, Australia, Professor Rosalyn Higgins of the London School of Economics, London, England, and Dr Bruno de Witte of the Rijskuniversiteit-Limburg, Maastricht, Netherlands, for their kind counsel and assistance.] Language is a gift from the Creator. Embodied in aboriginal language is our unique relationship to the Creator, our attitudes, beliefs, values, and the fundamental notion of what is truth.[1]
1.0 PRELIMINARY REMARKS
As with other individuals, members of indigenous peoples[2] may claim that they are treated in a disadvantageous manner if public authorities and the resources of the state are not responsive to their demands for equal treatment and non-discrimination in respect to language. Whether or not the state's behaviour should be deemed discriminatory will depend upon factors such as demographic considerations, whether the indigenous language exists in written form, the financial resources of the government, the type and level of services demanded in the indigenous language, etc.
Moreover, it appears increasingly evident that indigenous peoples are entitled to preferential treatment in linguistic affairs, relative to that afforded to other individuals. This is due not to their position as a minority, which they may not necessarily constitute in some states, but to the acknowledgement in international law, as well as in some national jurisdictions, that they occupy a unique political and legal niche, with corresponding "privileges" not necessarily available to others. | |
|
