115. Various States Parties to the Convention recognize community radio stations in their legal systems and reserve radio frequencies for them. Bolivia, Brazil, Chile, Colombia, Ecuador, El Salvador, Honduras, Mexico, Paraguay, Peru and Uruguay have legally recognized the existence of community media. 166 At least six countries have reserved frequencies for community media: Uruguay, 167 with at least one third for AM, FM and television; Mexico, 168 with 10% in AM and FM bands; Chile, 169 with 5% in FM radio; and Bolivia, 170 with 17% for community media and 17% for indigenous peoples, intercultural and Afro-Bolivian communities, both in radio (FM and AM) and in analog television. 171 In addition, expert witness Labardini mentioned Ecuador, 172 which “reserves 34% for community media, subject to supply and demand.” Of these countries, Mexico, Bolivia and Ecuador include a specific category for use of the spectrum and licenses for indigenous community radio stations. 116. In her expert opinion, Ms. Labardini indicated that various countries such as Mexico, Argentina, Bolivia, Colombia and Uruguay have assigned radio and television frequencies to certain communities free of charge, as “affirmative measures towards substantive equality.” She also explained that they have been granted “[…] spectrum and licenses to operate their own indigenous telecommunications networks,” as well as “universal service funds, funds for creators and communicators, content repositories and technical training,” among other measures. 173 117. Therefore, the Court considers that, in order to guarantee the right to freedom of expression, States are obliged to adopt measures that allow access to the radio spectrum to different social sectors, reflecting the pluralism existing in society. In the area of radio broadcasting, this State obligation is realized through the adoption of measures that ensure access to the radio spectrum for community radio stations - especially those of indigenous communities - given their importance for the dissemination and preservation of their culture and taking into account that they are ethnically distinct groups in a situation of marginalization and social exclusion resulting from poverty and discrimination. c) The right of indigenous peoples to participate in cultural life and its connection with broadcasting 166 Cf. Written version of the expert opinion presented before the Court by Adriana Sofía Labardini Inzunza, supra, (evidence file, folio 1580 to 1594). See also: OBSERVACOM (Observatorio Latinoamericano de Regulación de Medios y Convergencia) Libertad a Medias. La regulación de los medios comunitarios en América Latina y su compatibilidad con los estándares interamericanos de libertad de expresión. 2019. Available at: https://www.observacom.org/libertad-a-medias-2019/. 167 Article 5 of Law No. 20.433 establishes that “at least one-third of the radio spectrum for each locality in all frequency bands for analog and digital use and for all types of broadcasts.” 168 According to Article 90 of the law Federal Telecommunications and Broadcasting Law “[t]he Institute shall reserve for community and indigenous FM radio stations ten percent of the FM sound broadcasting band, which ranges from 88 to 108 MHz […] The Institute may grant concessions for AM, community, and indigenous radio stations in the extended radio spectrum band segment, which ranges from 1605 to 1705 KHz.” 169 Article 3 of Law 20.433 indicates that, “[c]oncessions for services shall be granted within a special segment of the radio spectrum in the modulated frequency band, both for analog and digital operations.” 170 Article 10 of the General Telecommunications Law establishes 17% for “social-community” media and 17% for indigenous peoples, intercultural and Afro-Bolivian communities, in radio (FM and AM) and analog television. 171 Cf. Written version of the expert opinion presented before the Court by Adriana Sofía Labardini Inzunza, supra (evidence file, folios 1593 to 1594). 172 Article 106 of the Organic Communication Law (amendment of 2019) states: Reservation of the radio spectrum- The telecommunications authority will plan the use of the radio spectrum for open signal broadcasts for public, private and community media. Up to 34% of the radio spectrum will be reserved for the community sector based on demand and availability, a maximum percentage to be reached progressively. The remaining 66% of the spectrum will be allocated to the public and private sectors based on demand. The allocation of frequencies to the sector public will not exceed 10% of the spectrum. 173 Cf. Written version of the expert opinion presented before the Court by Adriana Sofía Labardini Inzunza, supra (evidence file, folios 1576 to 1577). -33-