voiceless.” 139 It “consist[s] of members of the community and its programming is based on community access and participation. It reflects the special interests and needs of its listeners whose first duty it is to serve.” 140 105. In Guatemala, radio is the most widely used means of communication in rural and remote areas of the country, where most of the indigenous communities are concentrated, and sometimes it is the only medium available. This is due to several factors such as the absence of electricity supply, the lack of internet service, 141 high rates of illiteracy, monolingualism and the long distances that limit access to other services. 142 106. According to the expert Lorie Graham, indigenous peoples also encounter a digital divide because “access to telephone services, broadcasting frequencies 143 and internet connectivity is non-existent, unreliable, insufficient or prohibitively expensive.” 144 Furthermore, impediments to receiving information that would allow them to access and produce mass media, 145 the lack of physical infrastructure 146 and “insufficient access to financial support to build that infrastructure,” 147 are some of the structural barriers faced by indigenous peoples in Guatemala. 107. The United Nations Special Rapporteur for Indigenous Peoples had already noted in 1983, “the important role that radio could play […], given the impossibility of accessing other means of communication in remote areas, especially when programming is offered in ‘indigenous languages’ and within the corresponding ‘cultural framework’.” 148 In this regard, the expert witness Lorie Graham emphasized that radio has been a vital of part of the lives of indigenous communities since the 1960s, and continues to be the only means of communication in many remote areas. 149 Citing a UNESCO study, Ms. Graham explained that indigenous peoples regard the transmission of information via the radio as the most similar to their oral traditions and as a means of sharing information and transmitting ideas and cultural practices. 150 139 The then United Nations Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression, Frank La Rue, stated that “the concept of community radio […] is a recommendation of the United Nations that arises from the principle of media diversity and pluralism of ideas.”139 Cited by the study on “Community radio stations in Guatemala. Situation of the Mam Peoples of Quetzaltenango, Huehuetenango and San Marcos”. Guatemala. 2017. Available at: https://mujbablyol.files.wordpress.com/2017/03/las-radios-comunitariasen-guatemala1.pdf. 140 UN, UNESCO. Legislation on community radio broadcasting: comparative study of the legislation of 13 countries, supra, p. 6. 141 According to the Population Census of 2018, approximately 4,422,483 indigenous people (around 68% of the population that self-identify as indigenous) do not have internet access at home. 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. 2020, p. 16. Available at: https://www.pdh.org.gt/documentos/seccion-deinvestigacion/notas-conceptuales/2020-11/6256-nota-conceptual-radios-comunitarias/file.html. Cf. Amicus curiae brief presented by the Latin American Association of Communication Researchers- ALAIC (merits file, folio 852). 142 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. 2020, supra, p. 14. 143 Article 1.38, of the International Telecommunication Union ITU Radio Regulations, 2020 edition, defines “broadcasting service” as “a radio communication service in which transmissions are intended for direct reception by the general public. This service may include sound transmissions, television transmissions or other types of transmission.” Available at: https://www.itu.int/pub/R-REG-RR-2020/eng. 144 Expert opinion rendered by affidavit by Lorie Graham (evidence file, folio 1467). 145 Cf. Expert opinion rendered by affidavit by Lorie Graham, supra (evidence file, folio 1466). 146 Cf. Expert opinion rendered by affidavit by Lorie Graham, supra (evidence file, folios 1466 to 1467). 147 Expert opinion rendered by affidavit by Lorie Graham, supra (evidence file, folios 1466 to 1467). 148 Expert opinion rendered by affidavit by Lorie Graham, supra (evidence file, folio 1464). 149 Cf. Expert opinion rendered by affidavit by Lorie Graham, supra (evidence file, folio 1468). 150 Cf. Expert opinion rendered by affidavit by Lorie Graham, supra (evidence file, folios 1470 to 1471). -30-