A Right to Media? Lorie M. Graham - Columbia Law School

440 COLUMBIA HUMAN RIGHTS LAW REVIEW [41:429
resources in the indigenous group’s own language, and within the
group’s own community can go a long way in leveling the playing
field between indigenous peoples and the state in terms of bringing
attention to and addressing issues most critical to the indigenous
group.
Both the first paragraph of Article 16, in terms of language
recognition, and the second, in terms of promoting indigenous
cultural diversity in state and privately-run media, reflect principles
of cultural and linguistic integrity. This principle is perhaps most
clearly articulated in Article 27 of the ICCPR, which protects the
right of indigenous persons “in community with other members of
their group, to enjoy their own culture . . . or to use their own
language.” 36 This right of cultural integrity is closely linked to the
principles of non-discrimination and self-determination, in that
failure to ensure access to media or, even worse, negative portrayals
in the media undermine indigenous peoples’ abilities to maintain
their culture and language. Mass media in general, and radio in
particular, has often promoted cultural assimilation and
homogenization. 37 This push towards assimilation, whether
deliberate or accidental, has undermined the world’s cultural and
linguistic diversity. For instance, according to one report, most
indigenous peoples’ languages, which represent at least 4,000 of the
approximately 6,700 languages worldwide, are considered seriously
endangered. 38 Since linguistic diversity is an integral part of cultural
diversity, 39 many indigenous peoples live with the awareness that the
experience social and geographical isolation, digital media offers a possible means
of forging new alliances. See generally Scott Crawford & Kekula Bray-Crawford,
Self-Determination in the Information Age (1995) (discussing the potential for
using communications models and technologies for direct peaceful empowerment
of peoples, particularly indigenous peoples), available at http://www.hawaiination.org/sdinfoage.html.
36. International Covenant on Civil and Political Rights, opened for
signature Dec. 16, 1966, art. 1, S. Exec. Doc. E, 95-2, at 31 (1978), 999 U.N.T.S.
171, 179 (entered into force Mar. 23, 1976) [hereinafter ICCPR].
37. See, e.g., Hodgetts et al., supra note 2, at 192 (discussing how the news
media in New Zealand marginalized Maori voices in framing issues); see also
Barry Zellen, Introduction: Media and Aboriginal Culture; An Evolving
Relationship, Cultural Survival Q., Summer 1998 (discussing how media can help
preserve aboriginal cultures, languages, and traditions), available
at http://www.culturalsurvival.org/publications/cultural-survival-quarterly/zellen/
introduction-media-and-aboriginal-culture-evolving-r.
38. Legal Framework and Indigenous Languages, supra note 21, para. 2.
39. See Universal Declaration on Cultural Diversity, U.N. Educ., Scientific,
and Cultural Org. [UNESCO], 31st Sess., arts. 1, 5, (Nov. 2, 2001), available at