The First International Conference on “Great Mekong Sub-Region Ethnology and Anthropology, Yunnan University, Donglu Campus, Kunming City, Yunnan PROVINCE, P.R. China, November 9-10, 2019 1 The Rights of Indigenous People in Cambodia: Linguistic Rights of Stieng Vong Meng, Ph.D. National Language Institute, Royal Academy of Cambodia E-mail: mengifl@gmail.com Theme: (6) Ethnic groups, inter-ethnic relations, and national policies in the Greater Mekong Sub-region Abstract Abstract Stieng people have been living along a border of Cambodia and Vietnam. There are 6,761 Stieng populations living in Cambodia. These people speak Stieng as a native language and this language belongs to the South Bahnaric sub-group of Mon-Khmer languages. Only six indigenous languages have been applied in the public school from grade 1 to grade 3. The Stieng people have not yet had the right to use their language in the public school. “All language comunities have the right to decide to what extent their language is to be present, as vehicular language and as an object of study, at all levels of education within their territory: pre-school, primary, secondary, technical and vocational, university, and adult education.” The objective of this research is to investigate linguistic human rights of Stieng in Cambodia. This research examines the three main factors. Firstly, this paper addresses what are the legal rights to minority languages and how are they protected in relation to the Stieng population. Secondly, the paper investigates the reasons why the Ministry of Education does not allow the Stieng people to use their language in the public school. Thirdly, the paper also investigates to what extent the lack of training in Stieng language affects the young generation’s ability to interact with the older generation effectively. In addition, this paper monitors how the linguistic rights connect to non-discrimination, the use of the mother tongue in the public schools, and education in and about the mother tongue. Keywords: Stieng, indigenous, linguistic rights, Cambodia INTRODUCTION Stieng people have been living along a border of Cambodia and Vietnam. The Stieng in Cambodia has a population of about 7, 9001 and they are living in Memut in Kampong Cham, Snoul in Kracheh province, and Keo Seima in Mondolkiri province, Cambodia. These peope speak Stieng as a native language and this language belongs to the South Bahnaric sub-group of Mon-Khmer languages. Only six indigenous languages have been applied in the public school from grade 1 to grade 3. These languages include Bunong, Kreung, Brao, Tampuan, Kravet, and Kuy.2 According to the ethnologue, it said that “the number of individual languages listed for Cambodia is 27. All are living languages. Of these, 19 are indigenous and 8 are non-indigenous. Furthermore, 5 are institutional, 5 are 1 Joshuaproject. The Stieng, Bulo people group is reported in 2 countries. Joshuaproject. 2016. [online] available at:https://joshuaproject.net/people_groups/15088 [Accessed 28 Sept. 2016 ] In 2009, the population of Stieng consisted of about 4,000 and they were living in Kratie province and Mondulkiri. See: Jean-Michael, Philippi. Primary Research of ethnic languages in Cambodia. Phnom Penh: Funa, 2009, p. 132. 2 Nov Sun. Education Policies for Ethnic Minorities in Cambodia. In: Kimmo Kosonen and Catherine Young, eds., Mother tongue as bridge language of instruction: policies and experiences in Southeast Asia. Bangkok: Bangkok in House, 2009, p. 62. The First International Conference on “Great Mekong Sub-Region Ethnology and Anthropology, Yunnan University, Donglu Campus, Kunming City, Yunnan PROVINCE, P.R. China, November 9-10, 2019 2 developing, 2 are vigorous, 10 are in trouble, and 5 are dying.”3 The Stieng people have not yet had the right to use their language in the public school. “All language communities have the right to decide to what extent their language is to be present, as vehicular language and as an object of study, at all levels of education within their territory: preschool, primary, secondary, technical and vocational, university, and adult education”.4 The objective of this research is to investigate linguistic human rights of Stieng in Cambodia. This research examines the three main factors. Firstly, this paper addresses what are the legal rights to minority languages and how are they protected in relation to the Stieng population. Many institutions promote the language rights of minorities in Cambodia, but the enforcement has not allowed Stieng language in schools because the development and political will move slowly. Secondly, the paper investigates the reasons why the Ministry of Education does not allow the Stieng people to use their language in the public school. Thirdly, the paper also investigates to what extent the lack of training in Stieng language affects the young generation’s ability to interact with the older generation effectively. Based on observations, inter-generational spoken communication is affected by younger generations lack of language accuracy and fluency. In addition, this paper monitors how the linguistic rights connect to non-discrimination, the use of the mother tongue in the public schools, and education in and about the mother tongue. The research engages in two different methodological approaches. The issue of minority language rights will be subject to a desktop legal analysis, while the effects of the lack of language capacity will be subject to the secondary data and personal observations, tries to demonstrate the status and legal protection of Stieng people in Cambodia. This paper was divided into three main points. First, it will investigate the linguistic human rights and what are the legal rights are protected in relations to the Stieng population by looking at rights from global, regional, and local perspectives. Then, this research also finds out the language policy of the Ministry of Education, Youths, and Sports of Cambodia toward Stieng in the public school. Last, this paper also investigates the language uses of both young and old generation’s communication. 1. The Concept of Linguistic Rights The term linguistic rights and language rights are used interchangeably because these terms mean the same thing.5 In addition, Vilfan defines that: as the legal regulation of the use of languages in public life as part of the arrangements dealing with interethnic regulations in a country with a mixed ethnic structure. Other areas of regulations deal with language use in schooling and 3 Lewis, M.P., Gary, F.S., and Charles, D.F. eds. Ethnologue: Languages of the World, Nineteenth edition. Dallas, Texas: SIL international, 2016. [online]. Available at: http://www.ethnologue.com [Accessed 28 May 2016] 4 UNESCO. Social and Human Sciences. [online]. 2003, p. 9. Available at: http://www.unesco.org/most/ln2int.htm [Access 30 July 2016] 5 Christina Bratt Paulston. Policies and language rights in Annual Review of Anthropology, Vol. 26 (1997), p.75. Retrieved on 20/05/2013 from http://www.jstor.org/stable/2952515 The First International Conference on “Great Mekong Sub-Region Ethnology and Anthropology, Yunnan University, Donglu Campus, Kunming City, Yunnan PROVINCE, P.R. China, November 9-10, 2019 3 religious life, the political representation of ethnic groups, and the international protection of minority groups, as well as the rights of members of nondominant ethnic groups in using their particular language in administrative and judicial legal procedures. One objective of language rights for a nondominant ethnic groups is the recognition of that group’s existence. This implies “the degree of status sought by the group as part of its efforts to overcome a feeling of inferiority acting to hamper member of such a nondominant group in their endeavors both to maintain their ethnic identity and advance in terms of social mobility.6 Linguistic human rights (LHRs), is a different concept. It was written by Phillipson et al in 1994 and it also was published in Linguistic Human Rights: Overcoming Linguistic Discrimination, “the challenge to lawyers, politicians and language professionals is to see how a human rights perspective can support efforts to promote linguistic justice.”7 Moreover, the International Human Rights Law plays an important role in setting standards for linguistic rights and, especially, for the protection and promotion of the identity of linguistic minority groups. It provides the normative framework for developing principles of democratic governance and multicultural policies aimed at managing ethno-linguistic conflict. In addition, Connie de la Vega states that: There are various aspects to the right to speak one’s language. The basic principle enunciated in Article 2 of the Universal Declaration of Human Rights is that there should not be any discrimination based on a person’s language. This principle is also included in the two Covenants that make up the International Bill of Human Rights. While it is not specifically included in Article 13 of the International Covenant on Economic, Social and Cultural Rights, access to education in one’s language can be inferred from the mandate that “education shall be directed to the full development of the human personality and the sense of its dignity…”. Further, Article 27 of the International Covenant on Civil and Political Rights provides that minorities are not to be denied rights to their culture, religion “or to use their own language.8 2. Legal rights of minority languages The international instruments to protect linguistic rights include the Universal Declaration of Human Rights (1948), the Universal Declaration of Linguistic rights (1996), and the International Covenant on Civil and Political Rights (1996). Based on the Universal Declaration of Human Rights, the article 2 of the Declaration states that: Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, 6 Vifan S. Ethnic groups and Language rights quoted in Christina Bratt Paulston. Policies and language rights in Annual Review of Anthropology, Vol. 26 (1997), p.75. Retrieved on 20/05/2013 from http://www.jstor.org/stable/2952515 7 Phillipson R, Rannut M, Skutnabb-Kanas T, Introduction in Linguistic Human Rights quoted in Christina Bratt Paulston. Language policies and language rights in Annual Review of Anthropology, Vol. 26 (1997), p.76. 8 Connie de la Vega. Dictionary of International Human Rights law. 2013, p.92. The First International Conference on “Great Mekong Sub-Region Ethnology and Anthropology, Yunnan University, Donglu Campus, Kunming City, Yunnan PROVINCE, P.R. China, November 9-10, 2019 4 jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty. The Universal Declaration of Linguistic rights in Barcelona (1996) provides clearly and precisely to the linguistic rights for all member states. The Article 3.1 states that: This Declaration considers the following to be inalienable personal rights which may be exercised in any situation: the right to be recognized as a member of a language community; the right to the use of ones own language both in private and in public; the right to use of one’s own name; the right to interrelate and associate with other members of one’s language community of origin; the right to maintain and develop one’s own culture; and all the other rights related to language which are recognized in the international Covenant on Civil and Political Rights of 16 December 1966 and the International Covenant on Economic, Social and Cultural Rights of the same date. The European Charter for Regional and Minority Languages was adopted by the Committee of Ministers of the Council of Europe on 2 October 1992 and opened for signature on 5 November 1992. It represents the final product of a project which had been under consideration since 1988. The Charter entered into force on 1 March 1998. Its aims are to protect and promote the historical regional or minority languages of Europe, to maintain and develop Europe's cultural traditions and heritage, and to respect the right to use a regional or minority language in private and public life. As of 23 September 2002, 29 states had signed the Charter and the following 17 countries had ratified it: Armenia, Austria, Croatia, Cyprus, Denmark, Finland, Germany, Hungary, Liechtenstein, Netherlands, Norway, Slovakia, Slovenia, Spain, Sweden, Switzerland and the United Kingdom.9 The International Covenant on Civil and Political Rights (CCPR) was adopted by the United Nations General Assembly in Resolution 2200A (XXI) on 16 December 1966 and entered into force 23 March 1976. The article 2, 14, 24, 26, and 27 provide the linguistic rights as follow. Article 2 1. Each state party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognised in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Article 14 3. In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality: (a) to be informed promptly and in detail in a language which he understands of 9 See: UNESCO. (2003). Social and Human Sciences. http://www.unesco.org/most/ln2int.htm [Access 30 July 2016]. [online]. Available at: The First International Conference on “Great Mekong Sub-Region Ethnology and Anthropology, Yunnan University, Donglu Campus, Kunming City, Yunnan PROVINCE, P.R. China, November 9-10, 2019 5 the nature and cause of the charge against him;... (f) to have the free assistance of an interpreter if he cannot understand or speak the language used in court; Article 24 1. Every child shall have, without any discrimination as to race, colour, sex, language, religion, national or social origin, property or birth, the right to such measures of protection as are required by his status as a minor, on the part of his family, society and the state. Article 26 All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Article 27 In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practice their own religion, or to use their own language. 2.1. Cambodia and International Human Rights Conventions Cambodia has acceded to a number of international human rights conventions, such as the International Covenant on Civil and Political Rights, and International Convention on the Elimination of All forms of Racial Discrimination. By acceding to these conventions, Cambodia is obliged to ensure that all rights enumerated under them are realized for all people, including indigenous peoples, living in Cambodian territory.10 2.2. Cambodia and Ethnic minority rights Cambodia that is a state party ratified the United Nations so that there are some important legal instruments that provide the language of minority rights. These are the constitution of the Kingdom of Cambodia (1993) and National Policy on the Development of indigenous peoples (2009). Article 32 of the Constitution said that: Khmer citizens shall be equal before the law and shall enjoy the same rights freedom and duties, regardless of their race, color sex language, beliefs, religions political tendencies, birth origin social status resources and any position. The National Policy on the Development of indigenous peoples was approved when the meeting of Council of Ministers dated on 24th of April 2009. This policy was the 10 Asian Development Bank. (2002). Indigenous Peoples/Ethnic Minorities and Poverty Reduction Cambodia. Manila: Asian Development Bank. The First International Conference on “Great Mekong Sub-Region Ethnology and Anthropology, Yunnan University, Donglu Campus, Kunming City, Yunnan PROVINCE, P.R. China, November 9-10, 2019 6 outcome from the inter-minterial committee for highland peoples development and Ministry of Rural Development plays a very important roles in organizing the policy by joining many members such as the Ministry of Agriculture, Forestry, and Fisheries; the Ministry of Education, Youth, and Sport; the Ministry of Public Works and Transport; the Ministry of Social Affairs, Labors, Vocational Training and Youth Rehabilitation; the Ministry of Women’s and Veterans Affairs the Ministry of Environment; and the Cambodian Mines Action Center (ADB, 2002). The Chapter 2, point 1.2 states that: Value of culture, custom, good tradition, history, language and belief including various practices shall be studied and strengthened in order to protect the sustainable and secure development by providing the consultancy and attended by the indigenous peoples.11 3. Language Policy of Indigenous Peoples The 1993 Constitution of Cambodia offered the rights of Cambodian to have equal rights to access the formal education at least 9 grade in the public school. The article 65 of the constitution said that: The State shall protect and upgrade citizens’ rights to quality education at all levels and shall take necessary steps for quality education to reach all citizens. The Law on Education enacted by the National Assembley on the 19th of October 2007 and approved by the Senate on its form and legal concepts on the 21st of November 2007. The Article 24 of the law provides that: The Khmer language shall be the language of instruction and a subject of the core curriculum used for general education in public schools. Private, generaleducation schools must have the Khmer language as a subject in their curriculum. … The language used by Cambodian learners of minority origin shall be determined by the Prakas of ministries responsible for education.12 The Ministry of Education, Youth, and Sport have cooperated with the International Co-operation Cambodia (ICC) and Care international Cambodia to organized educational projects in the northeastern provinces of Mondulkiri and Rattanakiri in 2002 and 2003. These projects have been supported bilingual education for minority languages based on Khmer scripts and so far the projects have been operated only the languages of Bunong, Tampuan, Krueng, Brao and Kravet. As stated in the report, Nov states that “to partner with UNICEF, ICC, and Care International in Cambodia in developing teaching and learning materials selecting literacy teachers, and 11 Ministry of Rural Development. (2009). National Policy on the Development of indigenous peoples. Phnom Penh: MRD, 2009, p.5. 12 Royal Affair. The Law on Education. Year 7, N#93, Week3, December 19, 2007, p.9811. The First International Conference on “Great Mekong Sub-Region Ethnology and Anthropology, Yunnan University, Donglu Campus, Kunming City, Yunnan PROVINCE, P.R. China, November 9-10, 2019 7 developing nonformal education curricula in the Bunong, Kreung, Brao, Tampuan, and Kravet languages.”13 The Royal Government of Cambodia, the Ministry of Education, Youth, and Sport, the International Organizations, the local organizations, and other relevant institutions have worked on the indigenous people to develop both languages and communities, but the Stieng language has been still adopted in the public schools. These reasons are facing many problems such as small amount of teachers, language barrier, and long distance for both teachers and students. Regarding these problems, the Asian Development Bank (2002) reported that: In the formal education system, indigenous children are less likely to go to school than the average Cambodian children. Some reasons include (i) the low standard of living of indigenous peoples, so that in many cases the opportunity costs are too great (children are required to help in the field and look after siblings or animals, while the planting and harvest season needs intensive work in which all the household members must assist, such that during these times many children drop out school; (ii) the schools are often far fro their homes; (iii) there is a lack of learning materials; and (iv) many peoples cannot afford school uniforms for their children. The high cost has to be compared with the benefits of education, which appear to be low in the highland area. 4. Language Use of Stieng in the Community Most of Stieng people do not want to talk their mother tongue because they feel that they are inferior while they meet Khmer people. So Mostly they talk in Khmer to the people except the old who generally communicate with other at home. “The Stieng people speak Stieng among themselves … The Stieng in Ou Rona speak differently but can be understood; the people in Chhnaeng village still consider those in Ou Rona to be Stieng people who speak the Stieng language (Barr and Pawley, 2013)”.14 13 Nov Sun. (2009). Education Policies for Ethnic Minorities in Cambodia. In: Kimmo Kosonen and Catherine Young, eds., Mother tongue as bridge language of instruction: policies and experiences in Southeast Asia. Bangkok: Bangkok in House Co., Ltd., pp.62-68. Barr, Julie and Pawley, Eric. Bahnaric Language Cluster: survey of Mondul Kiri and Kratie Provinces, Cambodia. SIL Electronic Survey Reports 2013-001, 2013. p. 23. 14 The First International Conference on “Great Mekong Sub-Region Ethnology and Anthropology, Yunnan University, Donglu Campus, Kunming City, Yunnan PROVINCE, P.R. China, November 9-10, 2019 8 Conclusion Globally and locally, the Stieng people have the linguistic rights to conduct their own language but development and cooperation from the ministry of education and sports and partner are limit so that they need to take time to be done. The International Covenant on Civil and Political Rights, and International Convention on the Elimination of All forms of Racial Discrimination, the International Labour Organization (ILO) Convention concerning indigenous and tribal peoples in independent countries and the UN General Assembly Declaration of the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, and the Declaration of Universal Linguistic Rights (1996) play a very important role to bring the Stieng language into the international forum. In addition, the UNESCO has cooperated with the international institution to help the indigenous language and education as a whole, even though the assistances are the long distance steps that take time, resources, training from the international and local community work very close. Furthermore, the inter-ministerial committee from different ministries, the International organizations and local organizations are pushing to establishing schools, teachers, materials, and curriculums to adopted the indigenous languages for primary school because the National policy of the development of indigenous people, the law on education, and the policy of development of indigenous languages especially the Stieng will come to the public school soon. The human rights, the education, the language, and the poverty reduction should provide more needs for the indigenous people including the Stieng; Otherwise, the people and the language of Stieng might be endanger and it will lose because there are not enought protection and development for Stieng. The Stieng like other indigenous people are eager for demanding the living condition, maintain culture, and establish the identity for the community and the world. REFERENCES Asian Development Bank. (2002). Indigenous Peoples/Ethnic Minorities and Poverty Reduction Cambodia. Manila: Asian Development Bank. Barr, Julie and Pawley, Eric. (2013). Bahnaric Language Cluster: survey of Mondul Kiri and Kratie Provinces, Cambodia. SIL Electronic Survey Reports 2013-001, p. 23. Filippi, J.M. (2009). A primary Study of ethnic minority languages in Cambodia. Phnom Penh: Funan. Ishida, A., Yonetani, M. and Kosaka, K. (2003). Determinants of linguistic Human Rights Movement. Marburg: ECPR General Conference 2003. Joshuaproject. (2016). The Stieng, Bulo people group is reported in 2 countries. Joshuaproject, [online] available at:https://joshuaproject.net/people_groups/15088 [Accessed 28 Sept. 2016 ] The First International Conference on “Great Mekong Sub-Region Ethnology and Anthropology, Yunnan University, Donglu Campus, Kunming City, Yunnan PROVINCE, P.R. China, November 9-10, 2019 9 Lewis, M.P., Gary, F.S., and Charles, D.F. eds. (2016). Ethnologue: Languages of the World, Nineteenth edition. Dallas, Texas: SIL international. [online]. Available at: http://www.ethnologue.com [Accessed 28 May 2016] Martin, F.F., et al. (2011). International Human Rights & Humanitarian Law: Treaties, Cases, & Analysis. Cambridge University Press. Ministry of Rural Development. (2009). National Policy on the Development of indigenous peoples. Phnom Penh: MRD Ministry of Education, Youth, and Sports. (2007). Law on Education. Phnom Penh. Nov, S. (2009). Education Policies for Ethnic Minorities in Cambodia. In: Kimmo Kosonen and Catherine Young, eds., Mother tongue as bridge language of instruction: policies and experiences in Southeast Asia. Bangkok: Bangkok in House Co., Ltd., pp.62-68. Skutsch, C. (2001). Minority Rights. In: The Human Rights Encyclopedia. New York: Sharpe Reference, Inc., p.802. Lewis, J.R. (2001). Cambodia. In: The Human Rights Encyclopedia. New York: Sharpe Reference, Inc., p.100. Paulston, Christina Bratt. Policies and language rights in Annual Review of Anthropology. Vol. 26 (1997), p.75. Retrieved on 20/05/2013 from http://www.jstor.org/stable/2952515 UNESCO. (2003). Social and Human Sciences. [online]. Available at: http://www.unesco.org/most/ln2int.htm [Access 30 July 2016]