Background Guide Ecosoc For MUN

BVJMUN 2019
UNITED NATIONS ECONOMIC AND SOCIAL

COUNCIL
BACKGROUND GUIDE
DISCUSSION ON THE VIOLATION OF LINGUISTIC

MINORITY GROUPS
Letter from the Executive Board
It gives me immense pleasure to welcome you all to the simulation of United Nations
Economic and Social Council at BVJMUN 2019. We look forward to an enriching and
rewarding experience.
This study guide is by no means the end of research, we would very much appreciate
if the delegates are able to find new realms in the agenda and bring it forth in the
committee. Such research combined with good argumentation and a solid
representation of facts is what makes an excellent performance. In the session, the
executive board will encourage you to speak as much as possible, as fluency, diction
or oratory skills have very little importance as opposed to the content you deliver. So
just research and speak and you are bound to make a lot of sense. We are certain
that we will be learning from you immensely and we also hope that you all will have
an equally enriching experience. In case of any queries feel free to contact us. We
will try our best to answer the questions to the best of our abilities.
We look forward to an exciting and interesting committee, which should certainly be

helped by the all-pervasive nature of the issue. Hopefully we, as members of the
Executive Board, do also have a chance to gain from being a part of this committee.
Please do not hesitate to contact us regarding any doubts that you may have.
All the Best!
Vedansh Sharma
President
Economic and Social Council
INTRODUCTION TO LINGUISTIC MINORITY GROUPS
Before elaborating the linguistic rights, we need to understand who are the linguistic
minorities under international law. Although there is no universal definition of
minorities in any human rights instruments since the definition vary from country to
country. “The term minority as used in the United Nations human rights system
usually refers to national or ethnic, religious and linguistic minorities, pursuant to the
United Nations Minority Declaration.” According to Special Rapporteur of the United
Nations Sub-commission on Prevention of Discrimination and Protection of
Minorities, a minority is:
A group numerically inferior to the rest of the population of a State, in a non-

dominant position, whose members -being nationals of the State-possess ethnic,
religious or linguistic characteristics differing from those of the rest of the population
and show, if only implicitly, a sense of solidarity, directed towards preserving their
culture, traditions, religion or language.
Persons belonging to groups solely defined as linguistic minorities might similarly be

held to have only those special minority rights which are related to education and
use of language.
Many ethnic minorities are also linguistic minorities. This means that they speak a
different language from the majority of the population. Article 27 of the International
Covenant on Civil and Political Rights (ICCPR) recognizes minorities’ privilege to “use
their own language.” In 1966, the United Nations General Assembly adopted the
ICCPR as a resolution. Another treaty, specifically pertaining to linguistic rights, was
drafted. In the 1990s, several non-governmental organizations drew up the Universal
Declaration on Linguistic Rights (UDLR). The UDLR promotes, among other things, the
official sanction of languages on the territories they are spoken and the recording of
legal and administrative documents in minority tongues.
LINGUISTIC RIGHTS
With the existence of linguistic minorities, language inequality and imbalance

emerging, which means that the utilization and availability of minority language
facing the risk of declining. The potential danger exists in a great number of
countries with linguistic diversity. “In those countries with bilingual and multilingual
contexts, that is, the presence of different linguistic groups living in the same
country, are the norm rather than the exception throughout the world, both in the
North and the South.” “The concept of linguistic diversity itself is relative, however,
and is usually measured in terms of national boundaries, giving some languages the
status of majority language and others that of minority languages according to the
specific national context.” The European Charter for Regional or Minority Language,
in its part I defines “regional or minority languages” as those language that are
“traditionally used within a given territory of a State by nationals that State who
from a group numerically smaller than the rest of the State’s population; and
different form the official language(s) of that State.” Although the definition of the
linguistic minorities varies, the essence of the linguistic rights are universal. It is well
recognized by the international communities that linguistic minorities should have
the right to learn their own language and to communicate in their language in private
or public life domain. To ensure the exercise of all these rights, education shall be put
highly on the agenda.
Linguistic Rights in Education
The Universal Declaration of Linguistic Rights (UDLR) was adopted in 1996 in order to
correct linguistic imbalances and to ensure the respect and full development of all
languages and establish the principles for a just and equitable linguistic education
throughout the world as a key factor in the maintenance of harmonious social
relations. Although it is not a binding instrument for the States, it provides guidelines
for the protection of linguistic rights of the minorities in education. In its article 3(2),
it established the right for the linguistic communities to be taught through their own
languages and culture. Although, it is not tailored specially for the minorities, the
principles are equally applied to linguistic minorities. In the education section of
UDLR, article 26 States:
“All language communities are entitled to an education which will enable their
members to acquire full commend of their own language, including the different
abilities relating to all the usual spheres of use, as well as the most extensive possible
command of any other language they may wish to know.”
In addition, in the international agreements, linguistic rights for the minorities

include the following elements:
1. Schooling in their languages, if so desired;
2. Access to the language of the larger community and to that of national education
systems;
3.Inter-cultural education that promotes positive attitudes to minority languages and

the culture they express;
VIOLATIONS OF LINGUISTIC MINORITIES
•Minorities and indigenous peoples are among the most marginalised communities
in many societies. They are often excluded from participation in social and economic
affairs, may not have access to political power, and are frequently prevented from
expressing their identity. These obstacles are exacerbated during displacement,
which increases the risks they face.
•Members of minority and indigenous groups can be at risk of harm from the
surrounding population or from their own family or community.
•If the violence that caused displacement targeted minority or indigenous

communities, they may be at risk if it spills over into their countries of asylum.
Children and women are particularly vulnerable to attack; community leaders, and
men who are perceived to be potential combatants, are also at risk.
•Because minorities and indigenous people often experience chronic poverty, they
may be at risk of becoming victims of trafficking, including sexual exploitation. This
risk increases in a situation of displacement and is particularly acute for minority
indigenous children, young adults and women.
•Minority and indigenous women may be at high risk of sexual violence, and may
have access to less strong community protection than more dominant social groups.
•Minorities may lose important elements of their cultural identity if they are
separated by displacement. This can be particularly harmful to people who have
experienced distressing events or must adjust to new surroundings.
•Minorities may not speak frankly if interpreters are from a different community in
the country of origin or country of asylum.
Case study on linguistic minorities: Russians in the Baltics

The tiny Baltic states, Estonia, Latvia and Lithuania are home to a sizeable
Russian minority, numbering over a million across the three countries. The Russian
Empire absorbed the Baltic littoral in the eighteenth century. After a brief period of
independence in the interwar period, the Soviet Union annexed the three nations in
the 1940s. While some Russians lived in the region before World War II, many
arrived after the Soviet takeover.
332,816 people in Estonia (around 25% of the country’s population) are ethnic
Russian or Russian speaking. These individuals are denied citizenship if they were
born after the Soviet annexation and prior to Estonia’s restored independence in
1991. Accordingly, over 100,000 Estonian residents carry a gray passport identifying
their non-citizen status. This means they lack many protections, along with political
rights like the ability to vote in elections.
There is a way out for Russophone Estonians caught in political limbo.

Members of the Russian minority and other non-Estonians can take an Estonian
language exam. Passing confers the test-taker citizenship and all associated rights
and privileges. This is problematic for many Russian speakers. The Soviet Union and
the Czarist Empire before it imposed russification on the Baltics: Russian became
the lingua franca in the area. It follows that many ethnic Russians never received
schooling in the Estonian language. This issue is exacerbated by the sharp differences
between the two tongues. Estonian is a Finno-Ugric language written in the Latin
alphabet whose only close relatives are Finnish and Hungarian. Russian is a Slavic
language from the Indo-European family and is written in a Cyrillic script.
The difficulties Russians face learning Estonian perpetuates their stateless

station. Historic Baltic grievances against Russian invasion and oppression feed
prejudice against this minority. More recently, great power politics muddied the
waters for Russians in Estonia and her neighbors. Many fear that Moscow will launch
an incursion in the Baltics to “liberate” ostracized Russophones as it claimed the right
to do in Ukraine. Resolving these issues will require sustainable solutions that
overcome political stumbling blocks.
INSTRUMENTS PROTECTING LINGUISTIC RIGHTS

International instruments:
 Article 2, Universal Declaration of Human Rights
 Article 27, International Covenant on Civil and Political Rights
 Articles 17, 29, 30 and 40, Convention on the Rights of the Child
 Articles 13, 14 and 16, United Nations Declaration on the Rights of Indigenous
Peoples
 UN Declaration on the Rights of Persons Belonging to National or Ethnic,

Religious and Linguistic Minorities
 UNESCO Universal Declaration on Cultural Diversity
Regional instruments:
 Article 2, African Charter on Human and Peoples’ Rights
 Article 1, American Convention on Human Rights (Pact of San Jose)
 Articles 5, 6 and 14, European Convention on Human Rights
 Article 19 and Part V Article E, European Social Charter (revised)
 Articles 1 to 14, European Charter for Regional or Minority Languages
Relevant jurisprudence
 Mavlonov and Sa’di v Uzbekistan, Human Rights Committee 2004

 Skender v the Former Yugoslav Republic of Macedonia, Human Rights
Committee, 2001
Regional cases:
 Oršuš and Others v Croatia, European Court of Human Rights, 2010
 Roman Angonese v Cassa de Risparmio di Bolzano, European Court of Justice,

1998
 Comunidad Yanomami, Case No.7615, Inter-American Commission on Human

Rights, 1985
 ‘Belgian Linguistic’ case, European Court of Human Rights, 1968
Domestic cases:
 Head of Department: Mpumalanga Department of Education and Another v.

Hoerskool Ermelo and Another, Constitutional Court of South Africa, 2009
 Malawi African Associations and Others v. Mauritania, African Commission on

Human and Peoples’ Rights, 2000

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BVJMUN 2019

UNITED NATIONS ECONOMIC AND SOCIAL

DISCUSSION ON THE VIOLATION OF LINGUISTIC

We look forward to an exciting and interesting committee, which should certainly be

All the Best!

A group numerically inferior to the rest of the population of a State, in a non-

Persons belonging to groups solely defined as linguistic minorities might similarly be

With the existence of linguistic minorities, language inequality and imbalance

Linguistic Rights in Education

In addition, in the international agreements, linguistic rights for the minorities

1. Schooling in their languages, if so desired;

3.Inter-cultural education that promotes positive attitudes to minority languages and

VIOLATIONS OF LINGUISTIC MINORITIES

•If the violence that caused displacement targeted minority or indigenous

Case study on linguistic minorities: Russians in the Baltics

There is a way out for Russophone Estonians caught in political limbo.

The difficulties Russians face learning Estonian perpetuates their stateless

INSTRUMENTS PROTECTING LINGUISTIC RIGHTS

 Article 2, Universal Declaration of Human Rights

 Article 27, International Covenant on Civil and Political Rights

 UN Declaration on the Rights of Persons Belonging to National or Ethnic,

 UNESCO Universal Declaration on Cultural Diversity

 Article 2, African Charter on Human and Peoples’ Rights

 Article 1, American Convention on Human Rights (Pact of San Jose)

 Articles 5, 6 and 14, European Convention on Human Rights

 Article 19 and Part V Article E, European Social Charter (revised)

 Articles 1 to 14, European Charter for Regional or Minority Languages

 Mavlonov and Sa’di v Uzbekistan, Human Rights Committee 2004

 Oršuš and Others v Croatia, European Court of Human Rights, 2010

 Roman Angonese v Cassa de Risparmio di Bolzano, European Court of Justice,

 Comunidad Yanomami, Case No.7615, Inter-American Commission on Human

 ‘Belgian Linguistic’ case, European Court of Human Rights, 1968

 Head of Department: Mpumalanga Department of Education and Another v.

 Malawi African Associations and Others v. Mauritania, African Commission on

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