Zimbabwe Rule of Law Journal |65 b. What factors should be taken into account when a state decides to confer official language status on a language? International law and foreign comparative law highlights that the declaration of official language status is a political process left to the discretion and prerogative of each state. For instance, in Podkolzina v Latvia,34 the European Court of Human Rights held that35 “... the Court is not required to adopt a position on the choice of a national parliament‘s working language. That decision, which is determined by historical and political considerations specific to each country, is in principle one which the State alone has the power to make.” International law and foreign comparative law does not quite clearly define the factors that need to be taken into consideration when a state is considering affording official status to a language. For instance, in Diergaardt v Namibia,36 the United Nations Human Rights Committee (UNHRC) did not spell out the criteria used to afford official status to a language. Instead, the UNHRC took the view that whatever official languages a state freely chooses; it cannot use such a choice in a way which would violate international human rights law such as freedom of expression. However, reference to foreign comparative law help reveal some of the criteria a state can use in considering to grant a language official status. For example, Podkolzina v Latvia establishes that the sovereign state can take into account historical and political considerations. The UN also took the view that the determination of an official language or languages is a historical, social and political process.37 34 Podkolzina v Latvia 2002 ECHR 34. 35 See Birk-Levy v France, application no. 39426/06, published on 6 October 2010. 36 Communication 760/1997, J.G.A. Diergaardt (late Captain of the Rehoboth Baster Community) et al. v. Namibia, UNHR Committee (6 September 2000) U.N. Doc. CCPR/C/69/D/760/1997 (2000). See also Communications 359/89 & 385/89, John Ballantyne and Elizabeth Davidson, and Gordon Mcintyre v Canada, UNHR Committee (31 March 1993) UN Doc. U.N. Doc. CCPR/C/47/D/359/1989 and 385/1989/Rev.1 (1993) 37 Study of the problem of discrimination against indigenous peoples, UN Doc. E/CN.4/Sub.2/476/Add.6 states that “During the process of nation building, a language, usually that of the segment of the population which gains supremacy and imposes itself socially, politically and militarily on other segments in various regions and whose language dominates the other languages or dialects in the country, becomes, because of these extra-linguistic factors, the language of highest standing and, ultimately, the official language. Official recognition is of great importance to this and the other languages spoken in the country because, whether or not it is provided for in the Constitution or other basic law, such a selection means that this