It should also be pointed out that the Malay language used by Malays,
which is known as Yawi or Melayu, also constitutes much more than a
means of communication.45 Yawi is traditionally written with Arabic
characters, and has a powerful link to Islam.46 If the importance of the
Thai language to Thai-Buddhists can be used as a factor in determining
whether a state practice is non-discriminatory, it would appear fair that the
importance of Yawi to the Malays should also be taken into account in
determining the existence – or not – of discrimination in the exclusive
preference for the Thai language.
3.6 Substantial Number of Individuals Disadvantaged
A number of several international instruments such as the Declaration on
the Rights of Persons Belonging to National or Ethnic, Religious and
Linguistic Minorities (Articles 20 and 24) appear to confirm that to
determine whether a difference of treatment on the ground of language is
discriminatory, one has to look at the number of individuals whose
primary language is not the state-preferred language. It must be
emphasised that it is impossible for a state to provide all of its resources in
every language spoken by its inhabitants47; however, when a relatively
large number of individuals use a particular language in a given state, it
would appear unreasonable not to provide some level of state services and
activities in their language.48
According to the Breton case of Yves Cadoret and Herve Le Bihan v
France,
49 legislation in France making French the language of public
authorities and activities cannot be considered unreasonable because
Breton is only spoken by a relatively minute number of the populationless
than 300,000.50 Thus the French legislation was not held to be
discriminatory. However, in regions where speakers of Breton are
substantial and concentrated, a total disregard of Breton may be
unreasonable and unjustified.51
In contrast, the requirement of Thai in education and public employment
disadvantages around four million Malays who constitute around six