4. States, in conjunction with indigenous peoples, shall make efforts to ensure that those peoples
can understand and be understood in their own languages in administrative, political, and judicial
proceedings, if necessary through the provision of interpretation or by other effective means. 132
99.
At the national level, the AIDPI (supra paras. 38 and 41) requires Guatemala to:
[P]romote the broadest possible access to the communications media by the Maya
communities and institutions and those of other indigenous peoples, and the widest
possible dissemination in indigenous languages of the indigenous, and especially Mayan,
cultural heritage, as well as of the universal cultural heritage. 133
100. To achieve broad access to the media, the AIDPI requires the State to take specific
steps to promote legislative reforms in order to “make frequencies available for indigenous
projects and ensure respect for the principle of non-discrimination in the use of the media.” 134
101. It should be emphasized that the expert opinions provided during the proceedings
highlighted the importance of indigenous peoples’ right to media access. In this regard, Mr.
Calí Tzay referred to the relationship between the right of indigenous peoples to the media and
freedom of expression. Ms. Labardini stressed the importance of access to and ownership of
the media for indigenous peoples and alluded to the right to access means of communication,
linking it to the ideals of pluralism and equality.
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.” 135 Moreover, “they are independent and
non-governmental media that do not depend on or form part of political parties or private
firms” 136 and do not engage in religious proselytism. Their raison d’ être is to facilitate the
exercise of the right to information and freedom of expression of members of their
communities. 137 It should be noted that, as indicated previously (supra footnote 16), the
representatives agreed with this definition provided by AMARC.
104. Similarly, a 2003 study by the United Nations Organization for Education, Science and
Culture (hereinafter “UNESCO”) stated that the essential features of community radio can be
summarized by the phrase “a radio service for the people, close to the people and for
the people.” 138 According to UNESCO, community radio is “a medium that gives a voice to the
Article XIV of the American Declaration on the Rights of Indigenous Peoples.
Cf. Agreement on the Identity and Rights of Indigenous Peoples, supra. Section III: Cultural Rights, point H:
Mass media, para. 2.
134
Cf. Agreement on Identity and Rights of Indigenous Peoples, supra. Section III: Cultural Rights, point H: Mass
media, para. 2.
135
World Association of Community Radio Broadcasters (AMARC). Principles for a Democratic Legislation on
Community Broadcasting, supra, principle 3.
136
World Association of Community Radio Broadcasters (AMARC). Principles for a Democratic Legislation on
Community Broadcasting, supra, principle 3.
137
Cf. World Association of Community Radio Broadcasters (AMARC). Principles for a Democratic Legislation on
Community Broadcasting, supra, principle 4.
138
UNESCO. Legislation on community radio broadcasting: comparative study of the legislation of 13 countries.
CI-2003/WS/1. 2003, p. 6. Available at: http://unesdoc.unesco.org/images/0013/001309/130970s.pdf.
132
133
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