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

2010] A RIGHT TO MEDIA? 441
language they speak could disappear within their lifetime and
threaten their very survival as a distinct culture. 40
In response to the threat of linguistic extinction and cultural
erosion, many indigenous peoples are now looking to the very source
of such threats–the media–as a mechanism of cultural renewal. 41 The
second paragraph of Article 16 speaks directly to the role of states in
this endeavor by ensuring that “[s]tate-owned media duly reflect
indigenous cultural diversity.” 42 Moreover, states must “encourage
http://www.unhcr.org/refworld/docid/435cbcd64.html [hereinafter Cultural
Diversity Declaration]; Secretariat, Compilation of General Comments and
General Recommendations Adopted by Human Rights Treaty Bodies, at 39–40,
paras. 3.2, 7, U.N. Doc. HRI/GEN/1/Rev.1 (July 29, 1994); United Nations
Convention on the Rights of the Child art. 30, opened for signature Nov. 20, 1989,
1577 U.N.T.S. 3, 54 (entered into force Sept. 2, 1990) [hereinafter Children’s
Convention]; International Labour Organization, Indigenous and Tribal Peoples
Convention arts. 28, 30, opened for signature June 27, 1989, 28 I.L.M. 1384
(entered into force Sept. 5, 1991) [hereinafter Indigenous Convention]; UNDRIP,
supra note 20, at 5–6.
40. David Maybury-Lewis, Cultural Survival in the Media, Cultural
Survival Q., Summer 1998, available at http://www.culturalsurvival.org/
publications/cultural-survival-quarterly/david/cultural-survival-media.
41. See, e.g., UNESCO, UNESCO and Indigenous Peoples: Partnership to
Promote Cultural Diversity (2006) (discussing projects supported by UNESCO to
assist indigenous peoples, including those involving the use of media). Radio is
considered especially effective in terms of transmitting information as it is both
inexpensive relative to other forms of media and is more akin to the oral
traditions of many indigenous peoples. However, as earlier noted, “interactive
media” is gaining support as a tool of cultural and linguistic renewal and
protection. See generally Crawford & Bray-Crawford, supra note 35, (discussing
the potential for using communications models and technologies for direct
peaceful empowerment of peoples, particularly indigenous peoples).
42. UNDRIP, supra note 20, art.16. Drawing from the recommendation in
the Cobo Report and the three U.N. workshops on media discussed below,
effective measures can be interpreted to include such things as financial support
to fund the creation and maintenance of indigenous media within existing
systems, the creation of infrastructure necessary to receive and impart mass
communication, and the inclusion of indigenous journalists in state-owned media.
See Martinez Cobo June Report, supra note 8, paras. 90–112; Martinez Cobo Sept.
Report, supra note 6, paras. 140–145; see also ESOSOC, Sub-Comm’n on
Prevention of Discrimination & Prot. of Minorities, Working Group on Indigenous
Populations, Report of the Workshop on Indigenous Journalists, U.N. Doc.
E/CN.4/Sub.2/AC.4/1998/6 (Jan. 26–28, 1998) (calling for the financial support
and training of indigenous journalists, for the development of technology to
support indigenous media, and for the establishment of global and regional
networks linking indigenous journalists with other journalists); ESOSOC,
Comm’n on Human Rights, Working Group on Indigenous Populations, Workshop
on indigenous media: “Promoting the rights and cultures of indigenous peoples