Maya Kaqchikel Indigenous Community of Sumpango and others v. Guatemala: Violations of Rights

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The Court concluded that the State of Guatemala is responsible for the violation of the following human rights:

1. Right to freedom of thought and expression,
2. Right to participate in cultural life, and
3. Right to equality before the law.

Although the American Convention on Human Rights does not explicitly name it, the Court recognized the right of indigenous peoples to found and use their own means of communication and the fundamental relationship that this right has with other rights considered as part of this case.

The Court also recognizes community radio as non-profit and run by the community, whose interests it serves.

The Court cites two definitions (AMARC and UNESCO) to support its definition of community radio:

• The participation of the community both in ownership of the medium, as well as in the programming, administration, operation, financing and evaluation.
• Independent and non-governmental media which do not carry out religious ideology nor are they owned, controlled or linked to political parties or commercial businesses
• Their reason to exist is to enable exercise of freedom of expression by community members.