108. In Guatemala, indigenous community radio stations, in addition to being the main source of information for the communities from which they broadcast, promote and protect indigenous languages and cultures, and local consumption. Their relevance is reflected in the different ways in which members of indigenous communities support their radio stations: they contribute financially to cover operating costs and donate their time, among other efforts. 151 109. According to the statements provided by members of the indigenous communities considered as alleged victims and the expert opinions offered in this case, beyond enabling indigenous peoples to participate more fully in the public discourse, community radio stations are essential tools for the preservation, 152 transmission and continued development of indigenous cultures and languages. 153 110. Furthermore, as the expert witness Calí Tzay pointed out, indigenous community radio stations have also served as vehicles for the enjoyment of other rights, as illustrated by the essential role they have played in disseminating “culturally appropriate information in the indigenous languages” during the COVID-19 pandemic. 154 This was corroborated by both the State and the witnesses who testified at the hearing, who explained that State agencies, especially those working on health issues, use indigenous community radio stations to disseminate relevant information. 155 This is a strong indication and recognition of the presence and reach of these radio broadcasters and their importance to indigenous peoples. The expert also stressed the dependence of indigenous peoples on the oral dissemination of knowledge and information, especially given the high rates of illiteracy among many of their members. 156 111. For example, Radio Ixchel, operated by the Maya Kaqchikel people of Sumpango, was founded in 2003 and broadcasts discussion programs as well as programs on children, music and health. 157 Radio Xob'il Yol Qman Txun, operated by the Maya Mam people of Todos Santos Cuchumatán and founded in June 2000, 158 seeks to “contribute to the construction and consolidation of a society integrated with the world without losing its past, based on its own 151 Cf. Statement rendered by Anselmo Xunic, supra; statement rendered by María Pedro de Pedro, supra, and statement rendered by Rosendo Pablo at the public hearing held on June 9, 2021 before the Court. 152 The expert witness José Francisco Calí Tzay explained that: “[o]riginally, the indigenous peoples of Guatemala had a highly developed written system of cultural transmission that was nearly eradicated by colonization. Consequently, we indigenous peoples were forced to adapt by switching to oral transmission of culture in order to preserve our knowledge and our languages. Now indigenous knowledge is transmitted mainly through tradition and oral communication, so radio plays a vital role in maintaining culture and providing education and information to indigenous communities in indigenous languages.” Written version of the expert report submitted by José Francisco Calí Tzay, supra (evidence file, folio 1418). 153 The expert witness Graham explained that: “[m]any indigenous peoples live with the awareness that the language they speak could disappear during their lifetime and that this loss, in turn, threatens their very survival as distinct cultures. In response to the threat of linguistic extinction and cultural erosion, many indigenous communities are now looking to one of the sources of such threats – the media, and particularly community radio as a mechanism of cultural and linguistic renewal and protection. […]Moreover, as the Expert Mechanism on the Rights of Indigenous Peoples has explained, "[t]he use of indigenous languages in the media increases the visibility of these languages, illustrates and promotes their relevance in contemporary life, saves them from marginalization, and improves Indigenous Peoples' access to their languages.” Cf. Expert opinion rendered by affidavit by Lorie Graham, supra (evidence file, folio 1478). 154 Cf. Written version of the expert opinion presented by José Francisco Calí Tzay, supra (evidence file, folio 1415). 155 Cf. Statement rendered by Anselmo Xunic, supra, and statement rendered by Rosendo Pablo, supra. According to the Office of the Guatemalan Human Rights Ombudsman, “the program slots on community radio stations are locally oriented, and present programs on agricultural, educational, medical and social assistance topics.” Cf. Directorate of Human Rights Research of the Ombudsman's Office for Indigenous Peoples. Nota conceptual sobre las radios comunitarias, una aproximación al contexto de Guatemala, supra, p. 41. 156 Cf. Written version of the expert opinion presented by José Francisco Calí Tzay, supra (evidence file, folio 1415). 157 Cf. Statement rendered by Anselmo Xunic, supra. 158 Cf. Statement rendered by Rosendo Pablo, supra. -31-

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