peoples, in order to grant them access the radio spectrum on equal terms. However, according to the Commission, Guatemala’s domestic legislation has not recognized community broadcasters, despite the importance of this sector and considering that approximately half the population belongs to indigenous communities. It added that the State has failed to take steps to remove the barriers or obstacles that, in practice, prevent the alleged victims from having access to radio frequencies in order to exercise their right to freedom of expression. 66. In addition, the Commission held that the de facto impediment created by the LGT with regard to the use of radio frequencies, by restricting the access of indigenous communities to diverse information - especially of public interest - as well as to the exchange of ideas and opinions of all kinds, particularly those pertaining to their history, traditions, culture and identity, in their own language, also restricted their cultural rights. 67. The Commission further argued that the criminalization of conduct involving the violation of broadcasting regulations is extremely serious for freedom of expression. It added that the use of the criminal definition of theft to punish the use of the radio spectrum by two of the indigenous communities in this case, would be contrary to the requirements established in Article 13(2) of the Convention on subsequent liability. In this regard, it argued that since “there is no real possibility in practice for indigenous peoples’ radio stations to operate with licenses within the existing regulatory framework, a situation that must be remedied by the State, […] the raids and seizure of broadcasting equipment at the aforementioned radio stations, although carried out with a court order, resulted from criminal proceedings that impose restrictions on the right to freedom of expression, which do not comply with the Convention.” It considered that the search and seizure orders were in breach of Article 13(2) of the Convention “because the measure restricting the right to freedom of expression (confiscation) of the Maya Kaqchikel (Radio Ixchel) and Maya Achí (Uqul Tinami[t] “La Voz del Pueblo”) peoples was neither necessary nor proportional, as it absolutely prevented the communities from exercising their right to freedom of expression by making it impossible to broadcast because they did not have the equipment to do so.” Accordingly, the Commission concluded that such search and seizure orders constitute a form of censorship and a disproportionate violation of the indigenous peoples’ freedom of expression. 68. The representatives agreed with the Commission and affirmed that Guatemala’s regulation of radio frequencies perpetuates a practice of exclusion of indigenous communities and promotes a system based on economic and political power, reflected in the alleged media monopolies. They argued that the fact that indigenous communities cannot legally access radio frequencies, since the LGT allows access to radio frequencies only through a public auction in which the winner is the highest bidder, together with the government raids carried out against indigenous community radio stations, result in the radical suppression of freedom of expression of these communities. Thus, they considered that the impact and effects of Guatemala’s broadcasting system discriminate against indigenous communities that seek to operate a community radio station. They pointed out that this alleged de facto ban on community radio also has an impact on other communities in Guatemala. However, the impact on indigenous peoples is substantial given that not enough has been done to address the disadvantages faced by indigenous peoples as a result of a long history of discrimination, assimilation and exclusion, and so the LGT perpetuates discrimination against these communities. 69. They also indicated that the alleged de facto prohibition imposed by the State on community radio stations violates the individual and social dimensions of the right to freedom of expression, as it restricts the expression of volunteer workers in community radio stations many of them social communicators - and prevents them from sharing information, history, and traditions in their own indigenous language as part of their efforts to promote and preserve their cultural identity. They emphasized that sharing stories and experiences allows indigenous -21-