justifiable for the state to grant them separate schooling and education.
Furthermore, the Malays should be provided with public officials who can
speak the Malay language.59 Currently, neither has been accomplished.
3.8 The Exclusive Use of Thai is Discriminatory
There is no evidence showing that Thailand has insufficient resources to
provide the Malay minority with public education in their language, and
public officials who can speak their language. In applying the balancing
formula described earlier, the unreasonable disadvantages faced by a very
large number of Malays concentrated in the southernmost provinces
evidently outweighs Thailand’s objective to preserve the Thai language
due to its social, cultural and religious significance. The linguistic policies
currently in place evidently prevent the Malay minority from the
enjoyment of state services on an equal footing with other Thais who enjoy
the benefit of education and public employment and services in their own
language. Consequently, Thailand’s linguistic practices are discriminatory
towards the Malay minority and thus violate the ICERD and Article 26 of
the ICCPR.
4. Rights of a Minority to Use their own Language
The right of linguistic minorities to use their own language in private has
formed a part of international law since the origin of the minorities treaties
under League of Nations system which existed in the inter-war period.60
As stated above, Thailand has ratified the International Covenant on Civil
and Political Rights in 1997 which has a provision similar to some of the
rights contained in this system, namely Article 27 which states that:
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 practise their own religion,
or to use their own language.
4.1 Who Constitutes a Minority?
Article 27 of the ICCPR recognises the right of linguistic minorities to
freely use their own language with other members of their community. In