the Uqul Tinamit “La Voz del Pueblo” community radio station was raided for a second time by the National Civil Police. During the raid, they confiscated broadcasting equipment, including a transmitter, a console, a computer and microphones. The radio station ceased its broadcasts after this second raid. 96 VII MERITS 62. The instant case concerns the alleged existence of legal obstacles that prevent Guatemala’s indigenous peoples, particularly the Maya Kaqchikel indigenous peoples in the municipality of Sumpango, in Sacatepéquez; the Maya Mam of Todos Santos Cuchumatán, in Huehuetenango; the Maya Achí, in the Municipality of San Miguel Chicaj, in Baja Verapaz, and the Maya Mam of Cajolá, in Quetzaltenango, from having access to radio frequencies. The case also concerns the alleged absence of affirmative actions by the State aimed at ensuring such access, and an alleged policy of criminalization of community radio stations operated without a license in Guatemala, which has resulted in the criminal prosecution of members of indigenous communities and raids on their community radio stations. 63. Based on the arguments of the Commission, the representatives and the State, and in light of the indivisible nature of the violations alleged in this case, the Court will proceed to examine the merits of this case in a single chapter. VII-1 RIGHTS TO FREEDOM OF THOUGHT AND EXPRESSION, 97 TO EQUALITY BEFORE THE LAW 98 AND TO PARTICIPATE IN CULTURAL LIFE, 99 IN RELATION TO THE OBLIGATIONS TO RESPECT AND GUARANTEE RIGHTS WITHOUT DISCRIMINATION 100 AND THE DUTY TO ADOPT PROVISIONS OF DOMESTIC LAW 101 A. Arguments of the parties and of the Commission 64. The Commission argued that Article 13 of the American Convention protects the right of indigenous peoples to establish community broadcasting media and to enjoy and exercise their right to freedom of expression through such media, by means of access to a radio frequency. It further argued that although the wording of Guatemala’s General Telecommunications Law is, at first glance, neutral, it indirectly discriminates by establishing the highest financial offer as the sole criterion for allocating frequencies. It explained that this criterion is applied to allocate all frequencies in Guatemala, without taking into account that a large segment of the country’s indigenous population suffers from structural poverty, discrimination and social exclusion. In this sense, it considered that the LGT “has a mainly commercial outlook that does not take into account the conditions affecting the four indigenous communities in this case.” Thus, it alleged that the LGT “violates the rights of members of those communities to establish communication media and to express themselves through a useful means to express information, ideas and their cultural worldview.” 65. The Commission added that the State has the duty to adopt and implement affirmative measures in order to revert or change the situation of disadvantage affecting indigenous 96 Cf. Statement rendered by Anselmo Xunic, supra, and Cultural Survival. “Uqual Tinamit community radio station is raided by the Guatemalan police,” supra 97 Article 13 of the American Convention. 98 Article 24 of the American Convention. 99 Article 26 of the American Convention. 100 Article 11 of the American Convention. 101 Article 2 of the American Convention. -20-