their own media. 150. In this case, it has been demonstrated that the Maya Kaqchikel indigenous peoples of Sumpango, the Achí of San Miguel Chicaj, the Mam of Cajolá, and the Mam of Todos Santos Cuchumatán have made significant efforts to try to operate community radio stations in Guatemala, even under fear of criminal prosecution and despite the difficulties of raising funds to purchase the necessary equipment, finding volunteers to work in the radio stations, etc. Likewise, it has been proven that community radio stations are of great importance for indigenous communities, since they are represented in the topics addressed, the music they share, the people who operate these radio stations and the languages used for communication. Both the operation of the radios and their access by members of the indigenous communities that listen to them, enable these people, individually and collectively, not only to disseminate and receive information and diverse opinions, but also to express themselves in their own languages, listen to and broadcast their music, and discuss and participate in the debate on possible issues or problems that specifically affect them. 151. As noted by the expert witness Lorie Graham, the mainstream media have broadcast predominantly in non-indigenous languages, “from a non-indigenous worldview and, […] have tended to focus primarily on non-indigenous issues.” 224 Likewise, the media have promoted the assimilation and use of negative stereotypes and stigmatizing portrayals of indigenous peoples. 225 The Court finds that the absence of indigenous voices in the media not only affects indigenous peoples’ right to freedom of expression, but also prevents citizens from having access to different narratives, especially on the opinions, worldview and music of these peoples, which is crucial given the negative effects that the mainstream media often have on the representation of indigenous peoples. 226 This is even more relevant in Guatemala, where approximately half (or more) of the population is indigenous. 152. This Court considers that the Maya Kaqchikel indigenous peoples of Sumpango, the Achí of San Miguel Chicaj, the Mam of Cajolá, and the Mam of Todos Santos Cuchumatán have not had institutional channels through which to exercise, in a meaningful and permanent manner, their right to publicly express their ideas and opinions or to receive information on matters that interest and affect them. This prevents the full participation of these indigenous communities in a democratic society and perpetuates their exclusion. At the same time, the marginalization of these communities by the media has deprived Guatemalan society of the opportunity to know their interests, opinions and needs. 153. Consequently, the manner in which broadcasting is regulated in Guatemala amounts to a de facto, almost absolute prohibition of the exercise of the right to freedom of expression of indigenous peoples with respect to establishing and using media to disseminate information, ideas and opinions that affect them and to generate discussions of interest to them. Thus, this Expert opinion rendered by affidavit by Lorie Graham, supra (evidence file, folio 1466). Cf. Expert opinion rendered by affidavit by Lorie Graham, supra (evidence file, folio 1466). When community radio stations discuss topics such as “corruption, defense of the water, the land and forests,” they are faced with smear campaigns and are described as “pirate radio stations.” Cf. Sworn statement made by Alfredo Baltazar Pedro on May 14, 2021, (evidence file, folio 1504). 226 Cf. Expert opinion rendered by affidavit by the expert witness Lorie Graham, supra (evidence file, folio 1464). According to Graham, “this absence of indigenous voices and of indigenous means of communication was, and continues to be, more insidious than mere disinformation; threat to the very existence of indigenous peoples by undermining indigenous languages, customary practices and cultural traditions.” She also noted that “the mainstream media have predominantly presented [information] in non-indigenous languages, from a non-indigenous worldview and, in the best of cases, have tended to focus primarily on non-indigenous issues. In the worst of cases, the media have been used to promote assimilation and promulgate negative stereotypes and stigmatizing portrayals of indigenous peoples. The problem is that when these are the only narratives heard in the media, they become widely accepted as a reflection of reality and a justification for continued discrimination against stigmatized populations whose voices are not heard.” 224 225 -42-