I INTRODUCTION OF THE CASE AND CAUSE OF THE ACTION 1. The case submitted to the Court. On April 3, 2020, the Inter-American Commission on Human Rights (hereinafter “the Inter-American Commission” or “the Commission”) submitted to the jurisdiction of the Inter-American Court the case of the Maya Kaqchikel Indigenous Peoples of Sumpango and others regarding the Republic of Guatemala (hereinafter “the State” or “the State of Guatemala”, or “Guatemala”), pursuant to Articles 51 and 61 of the American Convention. According to the Commission, the dispute concerns four indigenous communities of Guatemala (Maya Kaqchikel of Sumpango, Maya Achí of San Miguel Chicaj, Maya Mam of Cajolá and Maya Mam of Todos Santos Cuchumatán) that were allegedly prevented from freely exercising their right to freedom of expression and their cultural rights through their community radios stations. This situation was the result of legal obstacles that prevented them from accessing radio frequencies, as well as an alleged policy of criminalization of community radio stations operated without authorization. The case also concerns the alleged lack of legal recognition of community media and the alleged discriminatory regulations that govern radio broadcasting. The Commission concluded that the domestic regulations and the failure to adopt affirmative measures for equal access to radio frequencies for the benefit of indigenous peoples, violated their rights to freedom of expression, equality before the law and cultural rights, recognized in Articles 13, 24 and 26 of the American Convention, in relation to Articles 1(1) and 2 thereof. The Commission also determined that the criminalization of the operation of two indigenous community radio stations (Radio Ixchel and “La Voz del Pueblo”), violated the right to freedom of expression, enshrined in Article 13 of the American Convention, in relation to Article 1(1) of the same instrument, to the detriment of the Maya Kaqchikel indigenous peoples of Sumpango and the Maya Achí of San Miguel Chicaj. 2. The following proceedings took place before the Commission: a. Petition. On September 28, 2012, Asociación Sobrevivencia Cultural, Asociación Mujb’ab’l Yol Encuentro de Expresiones, Cultural Survival Inc. and the Human Rights and Indigenous Peoples Clinic of Suffolk University Law School presented the initial petition on behalf of the four indigenous communities mentioned above. b. Admissibility Report. On May 5, 2018, the Commission adopted Admissibility Report No. 51/18 (hereinafter “Report of Admissibility” or “Report No. 51/18”), in which it concluded that the initial petition was admissible. c. Report on the Merits. On November 9, 2019, the Commission issued Merits Report No. 164/19 (hereinafter “Merits Report” or “Report No. 164/19”), pursuant to Article 50 of the Convention, in which it reached a series of conclusions 1 and made various recommendations to the State. d. Notification to the State. On January 3, 2020, the Commission notified the Merits Report to the State, granting it two months to report on its compliance with the recommendations. The State presented a brief indicating that it had forwarded the Merits Report to the relevant authorities; however, it did not express its willingness to comply with the Commission’s recommendations, nor did it request an extension 1 The Commission concluded that the State of Guatemala violated the rights recognized in Articles 13 (freedom of thought and expression); 24 (equality before the law) and 26 (cultural rights) of the American Convention, in relation to Articles 1(1) (obligation to respect rights) and 2 (duty to adopt provisions of domestic law) of the same instrument, to the detriment of the following indigenous peoples: Maya Kaqchikel of Sumpango, in Sacatepéquez; Achí of San Miguel Chicaj, in Baja Verapaz; Mam of Cajolá, in Quetzaltenango, and Mam of Todos Santos Cuchumatán, in Huehuetenango. -3-