identity, exercise certain rights recognized by the Convention from a collective dimension,” among them the right to land ownership, 125 but also the right to freedom of expression, as mentioned above. The Indigenous and Tribal Peoples Convention of the International Labour Organization (hereinafter “Convention 169” or “ILO Convention 169”) 126 and the United Nations Declaration on the Rights of Indigenous Peoples (hereinafter “UNDRIP”) 127 recognize indigenous people as holders of human rights. The American Declaration on the Rights of Indigenous Peoples (hereinafter “ADRIP”), 128 in Articles VI and IX, respectively, establishes the State’s duty to recognize “the right of indigenous peoples to act collectively,” and “the juridical personality of indigenous peoples, respecting indigenous forms of organization and promoting the full exercise of the rights recognized in this Declaration.” 129 95. From the above perspective, the Court considers that indigenous peoples have the right to establish and use their own media, based on the content and scope of the right to freedom of expression previously mentioned, but also taking into account the rights of indigenous peoples to non-discrimination, self-determination and to their cultural rights. 96. In this regard, Convention 169 states the following: 1. Governments shall adopt measures appropriate to the traditions and cultures of the peoples concerned, to make known to them their rights and duties, especially in regard to labour, economic opportunities, education and health matters, social welfare and their rights deriving from this Convention. 2. If necessary, this shall be done by means of written translations and through the use of mass communications in the languages of these peoples. 130 97. In turn, UNDRIP establishes that: 1. Indigenous peoples have the right to establish their own media in their own languages and to have access to all forms of non-indigenous media without discrimination; 2. States shall take effective measures to ensure that State-owned media duly reflect indigenous cultural diversity. States, without prejudice to ensuring full freedom of expression, should encourage privately owned media to adequately reflect indigenous cultural diversity. 131 98. Similarly, according to the ADRIP: 1. Indigenous peoples have the right to preserve, use, develop, revitalize, and transmit to future generations their own histories, languages, oral traditions, philosophies, systems of knowledge, writing, and literature, and to designate and retain their own names for their communities, individuals, and places. 2. States shall adopt adequate and effective measures to protect the exercise of this right with the full and effective participation of indigenous peoples. 3. Indigenous peoples have the right to promote and develop all their systems and means of communication, including their own radio and television programs, and to have equal access to all other means of communication and information. States shall take measures to promote the broadcast of radio and television programs in indigenous languages, particularly in areas with an indigenous presence. States shall support and facilitate the creation of indigenous radio and television stations, as well as other means of information and communication. Cf. Case of the Mayagna (Sumo) Awas Tingni Community v. Nicaragua. Merits, reparations and costs. Judgment of August 31, 2001. Series C No. 79, para. 149; Case of the Kichwa Indigenous People of Sarayaku v. Ecuador. Merits and reparations. Judgment of June 27, 2012. Series C No. 245, paras. 145 and 231, and Advisory Opinion OC-22/16, supra, para. 75. 126 Guatemala ratified ILO Convention 169 on June 5, 1996. 127 United Nations Declaration on the Rights of Indigenous Peoples, adopted on June 26, 2006. Available at: https://www.un.org/development/desa/indigenouspeoples/wpcontent/uploads/sites/19/2018/11/UNDRIPS_web.pdf 128 Cf. American Declaration on the Rights of Indigenous Peoples, adopted on June 14, 2016. 129 Cf. Case of the Indigenous Communities of the Lhaka Honhat (Our Land) Association v. Argentina. Merits, reparations and costs, supra, para. 154. 130 Cf. Article 30 of ILO Convention 169. 131 Article 16 of the United Nations Declaration on the Rights of Indigenous Peoples. 125 -28-

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