Abstract

This Note will explore the role of language in asylum claims and specifically how/why language discrimination can serve as a predominate indicator of persecution on the basis of nationality and/or ethnicity by examining language rights in relation to identity, nationality, and power dynamics. Part I will provide evidence showing why attention to language in the refugee context is warranted as language is implicated with increasingly frequency in refugee claims and within asylum procedures. Part II will look at some examples of how language is used as a tool of identification and discrimination. Part III will argue that language is the focal point of national and ethnic identity because of its ties to political power and nation building. Accordingly, the refugee regime should pay more attention to language discrimination, as even if it doesn’t amount to persecution by itself, language may be the canary for escalating social tensions, that is, a warning sign of increasing marginalization of specific national and/or ethnic groups. Sufficient discriminatory and violent linguistic policies may even act as prima facie evidence of socio-political marginalization of specific social groups, or even persecution, amounting to a need for refugee protection. The Note will conclude by offering some recommendations on how to better protect those who may be seeking asylum due to (or in part due to) language discrimination in Part IV.

KJ