Words by Smiley Team
After decades of activism, indigenous peoples have finally seen their efforts paying off with the Guatemalan government being held accountable for denying freedom of expression.
Up until now, indigenous peoples’ radio stations - an accessible form of community media - were suppressed by laws and broadcasting licences only issued to the highest bidders, with little to prevent this violation of basic rights.
In December, the Inter-American Court of Human Rights intervened, placing international pressure on the Guatemalan government by declaring the Republic of Guatemala “internationally responsible for the violation of the rights to freedom of expression, equality before the law and participation in cultural life” of indigenous people.
“This has been a historic struggle for indigenous peoples. This decision will have an impact in Latin America and around the world,” says Anselmo Xunic Cabrera (Maya Kaqchikel), a member of Radio Ixchel, a community radio station from Sumpango Sacatepequez.
Nicole Friederichs, Suffolk University, Lead Counsel on the case adds: "Of particular significance, is the Court’s recognition of Indigenous Peoples’ right to operate their own media, and its relationship to the right to freedom of expression, culture, self-determination, and non-discrimination. This is the first known international case to recognize this right."
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After more than a decade of lobbying, the campaigners involved were elated. Avex Cojti of Cultural Survival, one of the organisations involved, recalls her fellow campaigners’ reactions: “We were awaiting the decision for months and when it finally arrived it was incredible.”
The victory came thanks to a collaboration between lawyers, radio stations and organisations, who have diligently campaigned to instate laws that recognise indigenous peoples' media outlets under the case, Indigenous Maya Kaqchikel Peoples of Sumpango vs. Guatemala.
US-based Cultural Survival and Guatemala-based Associación Sobrevivencia Cultural submitted the legal case with support from the Human Rights and Indigenous Peoples Clinic at Suffolk University Law School in 2012.
Going forward, the campaigners hope the court’s verdict will convince the government to introduce new legislation to recognise indigenous peoples' media, including Bill 4087, which has been pending approval since 2010.
To help indigenous peoples achieve more wins support Cultural Survival.
