127. An intrinsic element of participation in cultural life is access to the means of communication and the possibility of establishing independent media, through which indigenous peoples can not only participate in, but also learn about and contribute to their own cultures, in their own language. In this sense, the Court has recognized that “language is one of the most important elements of a people’s identity, precisely because it guarantees the expression, dissemination and transmission of their culture.” 189 128. The Court has also referred to the instrumental nature of certain rights, such as freedom of expression, to realize other rights such as the right to take part in cultural life. 190 From this perspective, indigenous people’s access to their own community radio stations, as vehicles of freedom of expression, is an indispensable element to promote the identity, language, culture, self-representation and the collective and human rights of indigenous peoples. 191 Thus, in the present case, the right to freedom of expression and the right to participate in cultural life are intimately connected, since the guarantee of the right to establish and use their own radio stations as part of the indigenous peoples’ right to freedom of expression, is essential for the realization of their right to participate in cultural life through the aforementioned means of communication. 129. According to the AIDPI, “the identity of peoples is a set of elements which define them and, in turn, ensure their self-recognition.” This agreement also mentions two of the fundamental elements of the Maya peoples’ identity, namely the “languages derived from a common Mayan root” and “a worldview based on the harmonious relationship of all elements of the universe […].” The AIDPI recognizes the oral tradition as a mechanism for transmitting this worldview from generation to generation 192 and states that “the communications media play a paramount role in the defense, development and transmission of cultural values and knowledge.” 193 130. The Court considers that the nature and scope of the obligations stemming from the protection of indigenous peoples’ participation in cultural life include aspects that are immediately enforceable, as well as aspects of a progressive nature. 194 Regarding the first (obligations of an immediate nature), the Court recalls that States must ensure that this right is exercised without discrimination, and adopt effective measures for its full realization. 195 With regard to the second (obligations of a progressive nature), progressive realization means that States Parties have the specific and constant obligation to move as expeditiously and efficiently 189 Cf. Case of López Álvarez v. Honduras. Merits, reparations and costs. Judgment of February 1, 2006. Series C No. 141, para. 171. 190 Mutatis mutandi, Advisory Opinion OC-23/17, supra, para. 211, and Case of Poblete Vilches et al. v. Chile. Merits, reparations and costs. Judgment of March 8, 2018. Series C No. 349, para. 160. 191 In similar vein, Article 6 of the Universal Declaration on Cultural Diversity, of UNESCO, establishes that “[w]hile ensuring the free flow of ideas by word and image, care should be exercised so that all cultures can express themselves and make themselves known. Freedom of expression, media pluralism, multilingualism, equal access to art and to scientific and technological knowledge, including in digital form, and the possibility for all cultures to have access to the means of expression and dissemination are the guarantees of cultural diversity.”. United Nations Educational, Scientific and Cultural Organization (UNESCO). Universal Declaration on Cultural Diversity, adopted on November 2, 2001. See also: UN, Economic and Social Council. Report on the course for indigenous journalists, Doc. E/CN.4/Sub.2/AC.4/1998/6, May 18, 1998, para. 20, and IACHR. Justice and social inclusion: the challenges of democracy in Guatemala, OAS/Ser.L/V/II.118, December 29, 2003, para. 414. 192 Cf. Agreement on Identity and Rights of Indigenous Peoples, supra. Section I: Identity of the Indigenous Peoples, para. 2.iii. 193 Cf. Agreement on Identity and Rights of Indigenous Peoples, supra. Section III: Cultural rights, point H: Mass media, para. 1. 194 Cf. Mutatis mutandi, Case of Poblete Vilches et al. v. Chile. Merits, reparations and costs, supra, para. 104, and Case of the Miskito Divers (Lemoth Morris et al.) v. Honduras, supra, para. 66. 195 Cf. UN, CESCR. General Comment No. 3: The Nature of States Parties’ Obligations (para. 1 of Article 2 of the Pact), Doc. E/1991/23, December 14, 1990, para. 3, and UN, CESCR. General Comment No. 19: Right to social security (Article 9), a Doc. E/C.12/GC/19, February 4, 2008, para. 40. -36-