First Nations language protection in Australia: a question of human rights? Exploring rights, policies and agreements

This paper explores the relationship between the absence of a domestic human rights instrument in Australia and the (non-)recognition and legal protection of First Nations languages. It highlights challenges and opportunities within the current legal landscape, including whether Australian common law can apprehend language-related rights. The paper argues that native title settlements could serve as a catalyst for advancing First Nations' linguistic interests, potentially paving the way for greater recognition and emancipation of linguistic rights in practice. By examining the Noongar settlement, the largest native title settlement in Australia, the paper explores how negotiated agreements can facilitate Indigenous autonomy and language revitalisation. The article underscores the importance of enshrining fundamental rights in the legal system to protect the linguistic rights of minorities and Indigenous people. The doctrinal analysis concludes that despite numerous policy commitments, Australian law falls short of properly considering and accommodating the concerns of First Nations language speakers to preserve and revitalise Indigenous languages. However, the paper gives insights into various legal pathways on how the recognition of language rights could be achieved in Australia.

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https://works.eurac.edu/DiGoP-03-2024-First-Nations-language-protection-in-Australia.pdf