Zimbabwe Rule of Law Journal |81 iii. Establishment of independent language institutions Mother tongue education could easily be effected where language groups are able to establish their own educational institutions at their cost, subject to national standards of quality education. International human rights law does not oblige the state to establish educational institutions for all language groups (majority or minority) nor to financially support private educational institutions.85 The State’s obligation is to ensure that public education is accessible to all language speakers. However, the state obligation to fund such institution may arise where a language group lacks sufficient financial resources and public schools are not sufficiently pluralistic to give satisfaction to mother-tongue education. Article 5(1)(c) UNESCO Convention86 provides that private education should depend “on the educational policy of each state.”87 c. Language use in media Section 61 of the Constitution provides for freedom of expression and freedom of the media. In international law, freedom of expression includes the right to linguistic expression.88 Language is a means of expression par excellence and people best express themselves in a language they speak. This argument found favour in the Canadian case of Ford v Quebec (Attorney General)89 where the court held that: Language is so intimately linked to the form and content of expression that there can be no real the need to develop African languages in order to ensure their cultural advancement, and acceleration of their economic and social development. To this end, they should endeavor to formulate and implement appropriate language policies... African states should prepare and implement reforms for the introduction of African languages into the education curriculum. To this end, each state should extend the use of African languages taking into consideration the requirements of social cohesion and technological progress, as well as regional and African integration.” This provision is likely going to promote minority language rights in curriculum development if the Charter comes into force. 85 See K Henrad op cit note 10. At 266, Henrard argues that if a state gives financial aid to one private school, an equivalent amount should be granted to another private school as well, unless the differential treatment is reasonable and objectively justifiable. At 267, Henrard further argues that “states would be obliged to finance private schools for minorities if state schools are not sufficiently pluralistic, because of their obligation under international law to respect the ideological and philosophical convictions of parents in educational matters.” 86 See art 5(1)(c) of the UNESCO Convention on the Elimination of Discrimination in Education. 87 K Henrard op cit note 10 at 266. 88 F de Varennes ‘The existing rights of minorities in international law’ in Kontra et al (eds) Language: A right and a resource: Approaching linguistic human rights (1999) 121. 89 [1988] 2 S.C.R. 712.