Native tongue title: compensation for the loss of Aboriginal languages

Abstract

This paper proposes the enactment of an ex gratia compensation scheme for loss of Indigenous languages in Australia. Although some Australian 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. Existing grant schemes to support Aboriginal languages are inadequate, and they should be complemented with compensation schemes, which are based on a claim of right. The proposed compensation scheme for the loss of Aboriginal languages should support the effort to reclaim and revive the lost languages. We first outline the history of linguicide during colonisation in Australia. We then put a case for reviving lost Aboriginal languages by high-lighting the benefits of language revival. After evaluating the limits of existing Australian law in supporting the language revival efforts, this paper proposes a statute-based ex gratia compensation scheme, which can be colloquially called 'Native Tongue Title'.