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 -29-

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