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.
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