Marginalized and Misunderstood: How Anti‑Rohingya Language…
291
genocide. These standards offer important foundations for conceptualizing the “right
to language” and identifying how linguistic rights can be violated both in situ and
in displacement. Second, the case of the Rohingya in Myanmar highlights how language policies are weaponized to oppress unwanted minorities, including through
the use of mass atrocity crimes. Denied “national race” status and thus Burmese
citizenship, the Rohingya’s outsider status is reinforced by the country’s Burmese
and English language-oriented education policy—in combination with a coordinated array of further human rights abuses. In displacement, the Rohingya are further denied their language rights while facing additional challenges for accessing
humanitarian aid. Lastly, important work to alter negative perceptions of the Rohingya (including their language and culture) is being undertaken in a variety of innovative ways, and existing norms associated with self-determination and language
offer a conceptual foundation for shifting attitudes.
Language Rights
Although there are no binding international conventions specifically on linguistic
rights, several international human rights standards impact language policies and
outline minimum protections for minority linguistic groups. Restrictions on the use
of a particular language in private affairs are a violation of freedom of expression,
for instance. Banning private educational instruction in a minority language or prohibiting the use of names in non-official languages also violates such freedom. State
services should be available when a linguistic group is sufficiently large. Such minimum standards are reflected in documents such as the UN Declaration on the Rights
of Persons Belonging to National or Ethnic, Religious or Linguistic Minorities, the
Oslo Recommendations Regarding the Linguistic Rights of National Minorities, and
the Council of Europe’s Framework Convention on the Rights of National Minorities (de Varennes 2012, pp. 43–44).2 Fernand de Varennes (2012) contends that
“international law has developed in such a way that governments no longer have
carte blanche in relation to language policies and planning. They have legal and
political – even moral – obligations to not only respect, but in some cases use other
languages and even promote others” (pp. 44). Indeed, the continuing evolution of
language rights follows three basic trends: human rights instruments for the protection of individual rights, the protection or promotion of linguistic diversity, and the
protection of endangered languages (de Varennes 2012, pp. 44).
The issue of language rights in education is a key concept in broader discussions
of children’s rights, at home and during displacement. Article 30 of the Convention
on the Rights of the Child guarantees children from ethnic, religious, or religious
minorities the right to enjoy their own culture, which includes the right to “use his
or her own language” (United Nations Human Rights 1989). Zehlia Babaci-Wilhite (2015) contends that using the local language in education satisfies the rights
2
Language rights are also prominently featured in the United Nations Declaration on the Rights of
Indigenous Peoples, as discussed in the final section of this article.
13