Native tongue title: compensation for the loss of aboriginal languages

Abstract

This article proposes the enactment of an ex gratia compensation scheme for loss of Indigenous languages in Australia. The 1997 Bringing Them Home report recommended compensation for the victims of Stolen Generations policies. Whilst some states have enacted ex gratia compensation schemes for the victims of the Stolen Generation policies, the victims of ‘linguicide’ (language killing) are largely overlooked by the Australian government. We highlight the benefits of reviving Aboriginal languages that were lost as a result of invasion and colonization. The proposed compensation scheme for the loss of Aboriginal languages ought to be used to support the effort to reclaim the lost languages. After evaluating the limits of existing Australian and international law on linguistic human rights, the article proposes a statute based ex gratia compensation scheme, which can be entitled, Native Tongue Title.