The purpose of this paper is to study the situation of indigenous peoples’ media in the jurisprudence of the Inter-American Court of Human Rights. The analysis has been carried out based on the resolution on the case of Guatemala and four indigenous communities (2021), as well as the case of Chile against the leaders or members of a Mapuche community (2014). The systematized categories correspond to the situation of indigenous communities, legal obstacles and criminalization of community radio stations, the role of the main actors, the violation of human rights, and the decisions adopted. It is concluded that native communities have been affected in their right to freedom of expression, their right to disseminate their culture and to communicate among their members because the State has limited the operation of indigenous radio stations. It has been done so through legal mechanisms that affect the interests of the communities. The acquisition of the stations is done through the best economic proposals or offers, this is difficult for indigenous peoples to comply with since their members live in poverty; On the other hand, stations that didn’t have permission have been closed down or taken over by the State through the confiscation of their equipment and the imprisonment of their members.

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Indigenous Peoples and the Media from the Inter-American Court of Human Rights

  • Hugo González Aguilar

摘要

The purpose of this paper is to study the situation of indigenous peoples’ media in the jurisprudence of the Inter-American Court of Human Rights. The analysis has been carried out based on the resolution on the case of Guatemala and four indigenous communities (2021), as well as the case of Chile against the leaders or members of a Mapuche community (2014). The systematized categories correspond to the situation of indigenous communities, legal obstacles and criminalization of community radio stations, the role of the main actors, the violation of human rights, and the decisions adopted. It is concluded that native communities have been affected in their right to freedom of expression, their right to disseminate their culture and to communicate among their members because the State has limited the operation of indigenous radio stations. It has been done so through legal mechanisms that affect the interests of the communities. The acquisition of the stations is done through the best economic proposals or offers, this is difficult for indigenous peoples to comply with since their members live in poverty; On the other hand, stations that didn’t have permission have been closed down or taken over by the State through the confiscation of their equipment and the imprisonment of their members.