118. In the instant case, as in the case of Lhaka Honhat v. Argentina, 174 the Court will examine the right of indigenous communities to participate in cultural life 175 from the perspective of the alleged violation of Article 26 of the Convention, and taking into account the intersection of this right with the right to freedom of expression and the role of community radio as an instrument for the realization of these rights. 119. The Court has reiterated its authority to determine violations of Article 26 of the American Convention, and has pointed out that it protects the economic, social, cultural and environmental rights (ESCER) derived from the OAS Charter, and that the rules of interpretation established in Article 29 of the Convention are relevant for its understanding. 176 120. As it indicated in the case of Lhaka Honhat v. Argentina, the Court considers that the right to participate in cultural life includes the right to cultural identity. The OAS Charter establishes, in Articles 30, 45(f), 47 and 48, the commitment of the States to ensure a) “integral development for their peoples [, which] encompasses [the] cultural […] field […]”; b) [t]he incorporation and increasing participation of the marginal sectors of the population, in both rural and urban areas, in […] cultural life […], in order to achieve the full integration of the national community”; c) “encourage […] culture” and d) “preserve and enrich the cultural heritage of the American peoples.” 177 121. Furthermore, Article XIII of the American Declaration on the Rights and Duties of Man (hereinafter “American Declaration”) indicates, where pertinent, that “[e]veryone has the right to participate in the cultural life of the community.” Similarly, Article 14(1)(a) of the Protocol of San Salvador recognizes “the right of everyone to […] participate in cultural life.” 178 For its part, the United Nations Committee on Economic, Social and Cultural Rights (hereinafter “CESCR”) has established that “taking part in cultural life” implies participation in, access to and contribution to cultural life, either individually or as a community, in the case of indigenous peoples. 179 122. In turn, the International Covenant on Economic, Social and Cultural Rights (hereinafter “ICESCR”), establishes “the right of everyone to […] participate in cultural life.” 180 Similarly, 174 Cf. Case of the Indigenous Communities of the Lhaka Honhat (Our Land) Association v. Argentina. Merits, reparations and costs, supra. 175 This Court emphasizes that cultural rights are not limited to the right to participate in cultural life. In fact, Article XIII of the American Declaration includes the right to “enjoy the arts, and to participate in the benefits that result from intellectual progress, especially scientific discoveries [,] as well as the protection of moral and material interests” related to “inventions or any literary, scientific or artistic works.” Similarly, in paragraph 2 of General Comment No. 21, the CESCR clearly mentions the right to “participate in cultural life” and, in addition “other cultural rights” Cf. UN, CESCR. General Comment No. 21: Right of everyone to take part in cultural life, Doc. E/C.12/GC/21/Rev.1, May 17, 2010. 176 Cf. Case of Lagos del Campo v. Peru. Preliminary objections, merits, reparations and costs. Judgment of August 31, 2017. Series C No. 340, paras. 142 and 143, and Case of the Miskito Divers (Lemoth Morris et al.) v. Honduras. Judgment of August 31, 2021. Series C No. 432. paras. 62 to 65. 177 Cf. Case of the Indigenous Communities of the Lhaka Honhat (Our Land) Association v. Argentina. Merits, reparations and costs, supra, para. 231. 178 In the universal sphere, the Universal Declaration of Human Rights, in Article 27(1), states that: “[e]veryone has the right freely to participate in the cultural life of the community.” The International Covenant on Economic, Social and Cultural Rights (ICESCR) in Article 15(1)(a) establishes “the right of everyone to […p]articipate in cultural life.” Moreover, Article 27 of the International Covenant on Civil and Political Rights (ICCPR) provides that “[i] n those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practice their own religion, or to use their own language.” 179 Cf. UN, CESCR. General Comment No. 21, supra, para. 15. 180 Cf. Article 15 of the ICESCR. -34-