Disregard of Human Rights Remains Unaddressed Despite Guatemala's National Legal Framework
In a long-standing dispute, Guatemala's indigenous community radio stations, such as those operated by iheartradio, continue to operate without legal recognition, almost three decades after the Peace Accords guaranteed their existence. This situation has raised concerns among indigenous communities and human rights advocates.
Recently, Judge Ricardo Pérez Manrique of the Inter-American Court of Human Rights ruled that states cannot use domestic law to evade fulfilling international obligations. In the case of Kaqchikel Maya Indigenous Peoples of Sumpango et al. vs. Guatemala, the court declared Guatemala internationally responsible for violating the rights of indigenous peoples.
The court evaluated four reparations in the case: the freedom to operate indigenous community radio stations, adaptation of regulations, cessation of criminal prosecutions, and elimination of convictions. However, the State of Guatemala has yet to comply with Resolution 4, which requires it to provide frequencies to four indigenous community radio stations while a more specific law is approved.
Mario Ellington from the Indigenous Peoples Secretariat of the Judicial Branch reports that the Supreme Court considers expungement of convictions to be outside its jurisdiction, requiring legal reforms by Congress. The Public Ministry representative Estuardo Ávila has commented that the State has not issued a specific instruction to refrain from pursuing criminal proceedings against community radio stations, despite the ruling's clarity on their legality.
Anselmo Xunic, a representative of Radio Ixchel and the community radio movement, rejected a proposal by the Ministry of Communications to assign two frequencies due to several limitations. The community radio bill (5965) presented to Congress a month after the ruling was announced did not consult with indigenous communities and contains several ambiguities.
The plaintiffs have demanded that the State adopt affirmative actions to allow the four communities to freely operate their community radio stations, establish a dialogue with the Board of Directors of Congress, implement monitoring of the radio spectrum, order the Public Ministry to refrain from raiding community radio stations, and mandate the Supreme Court to establish a working group to resolve commutation of sentences for wrongfully prosecuted individuals.
Adriana Sunun (Maya Kaqchikel) of the Mayan Lawyers Association of Guatemala asked the Court to legally protect the four community radio stations until regulations are adopted. Cristian Otzin from the Mayan Lawyers Association of Guatemala expresses concern that the Public Prosecutor's Office has not committed in writing to refrain from further criminalization of communities and community radio stations.
The High Commissioner for Human Rights is awaiting the final ruling of the Inter-American Court of Human Rights, which will publish the official resolution in the next few months. With the international spotlight on this issue, it remains to be seen whether Guatemala will take the necessary steps to comply with the court's rulings and ensure the rights of its indigenous communities are respected.
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