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

436 COLUMBIA HUMAN RIGHTS LAW REVIEW [41:429
particular, Article 16 links the right to freedom of expression and
information to other human rights norms, such as nondiscrimination,
cultural and linguistic integrity, and selfdetermination.
B. The U.N. Declaration on the Rights of Indigenous Peoples
and the Right To Media Under Article 16
The right to media operates in a manner similar to other
important rights in the UNDRIP, such as the right to education
under Article 14 and the right to cultural pluralism under Article 15.
Indeed, from early on in the drafting process, Articles 14, 15, and 16
of the UNDRIP appear to have been grouped together. The grouping
of these articles is appropriate in that they are connected by common
themes. For instance, without the access to information, whether in a
school setting or in mass media, indigenous peoples cannot effectively
present their interests or concerns, or influence decision-making
processes that impact those interests or concerns. This can cause
indigenous peoples to suffer from increased marginalization and
continued social, economic, and political discrimination. Eventually,
these pressures can threaten their very survival as culturally distinct
peoples.
In this context, access to information does not simply mean
the ability to view, hear, or learn the information produced by nonindigenous
peoples. It means having the requisite skills and
resources to shape culturally appropriate educational processes, to
produce media from an indigenous perspective, and to respond to the
misrepresentation of indigenous peoples in public education and nonindigenous
media. Indeed, the connection between education and
media is reinforced by the continued misrepresentation of indigenous
peoples in mainstream media. A 2002 report describes this
misrepresentation as stemming in part from “biased textbooks . . .
and mis-education” and continuing when “many journalists
unwittingly pass on their lack of knowledge through word choice,
limited sourcing and repetition of outdated scientific theories.” 21
21. Briggs, supra note 3, at XII (arguing that media and education must be
available in the mother tongue of an indigenous community if they are to
adequately represent important cultural norms and traditions). For an excellent
analysis of the importance of language and the relevant international law, see
generally International Expert Group Meeting on Indigenous Languages, N.Y.,
N.Y., Jan. 8–10, 2008, Human Rights Legal Framework and Indigenous
Languages, U.N. Doc. PFII/2008/EGM1/15 (providing an overview of the issues