and global understanding about the essential features of community radio.” They also recalled
the Court’s mention of the “special features of community radio stations” to be taken into
account. They commented that “the purpose of the consultation with indigenous peoples is to
ensure that their perspectives and voices are not only listened to, but also reflected on the
governmental measures to be adopted that may affect them,” “which in this case, means that
formulating a definition of community radio must be one of the topics to be discussed in the
consultation process between the State of Guatemala and the indigenous communities [...]
to reach consensus and modify Guatemalan laws to include a legal recognition of community
radio.”
28.
The Commission pointed out that the content of paragraph 103 of the judgment sheds
light on what constitutes a community radio station and the functions it must carry out in
order to be considered as such. It found that the judgment had identified the scope and
content of a set of factors that define community radios, and sufficient material is therefore
available in the judgment for complying with the operative paragraph in question.
C.2. Considerations of the Court
29.
Operative paragraph six of the judgment indicates the following:
6. The State shall, within a reasonable time, adapt domestic regulations in order to
recognize community radio stations as distinct means of communication, particularly
indigenous community radio stations; regulate their operation, establishing a simple procedure for
obtaining licenses; and shall reserve part of the radio spectrum for indigenous community radio
stations, pursuant to paragraphs 196 to 200 of [the] judgment.
30.
In relation to the reasonable time ordered for the operative paragraph in question, it
should be recalled that this should be determined according to each specific case. Compliance
can be weighed based on each particular report that the State must submit, along with
comments by the victims’ representatives and the Commission at the stage of monitoring
compliance with judgment. Therefore, this Court considers that the State’s request cannot be
subject to an abstract interpretation by the Court,8 and the Court will deliver any opinions it
deems pertinent at the stage of monitoring compliance. Consequently, it concludes that the
request for interpretation is inadmissible in this regard.
31.
In connection with the definition of a community radio station, the Court notes that it
has provided the necessary information in paragraphs 102 to 105 of the judgment, as follows:
102. The Court notes that the present case refers exclusively to community media related to sound
broadcasting, that is, to “community radio stations.” Therefore, the Court will henceforth refer
only to them.
103. The Court observes that there are different definitions of community radio. However, in
general, community radios stations are non-profit, are managed by the community and serve the
interests of the community. According to the World Association of Community Radio Broadcasters
(hereinafter “AMARC”), the fundamental characteristic of community radio stations “is the
participation of the community in ownership as well as programming, management, operation,
financing and evaluation.” Moreover, “they are independent and non-governmental media that do
not depend on or form part of political parties or private firms”136. Their raison d’ être is to facilitate
the exercise of the right to information and freedom of expression of members of their
communities137. It should be noted that, as indicated previously (supra footnote 16), the
Mutatis mutandis. Case of the Hacienda Brasil Verde Workers v. Brazil. Interpretation of the judgment on
preliminary objections, merits, reparations and costs. Judgment of August 22, 2017. Series C No. 337, para. 44 to
45; and Case of the Workers of the Fireworks Factory in Santo Antônio de Jesus and their families v. Brazil.
Interpretation of the judgment on preliminary objections, merits, reparations and costs. Judgment of June 21, 2021.
Series C No. 427, para. 36 to 37.
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