The directors of three community radio stations in Guatemala—Voz Latina in Chimaltenango, Esterio Nolbert in Quetzaltenango, and Radio Expresiva in Comiltancillio, San Marcos—were arrested on March 9. Additional capture orders have been issued for the directors of all unauthorized radio stations (those that have not legally been assigned frequencies by the telecommunications ministry), as well as the presidents of the country’s six community radio associations.
Guatemala’s public ministry has also issued an order to raid the associations’ offices. The order is illegal because the ministry does not have the authority to issue warrants without the signature of a judge.
On the morning of March 2, Guatemalan authorities raided the offices of two community radio associations, La Asociación de Medios Comunitarios y Comunicadores Sociales (AMECOS) in Solola, and La Asociación de Radios Comunitarias de Guatemala (ARCG) in Palin Escuintla. The raids happened just hours after three leaders of the country’s community radio movement arrived in the United States to seek support and protection for community radio in Guatemala.
Police seized documents and computer equipment, allegedly in search of evidence that the associations have been illegally selling bandwidth to their member stations. None of the associations are actually engaged in this practice.
The seizures at ARCG’s offices additionally violated the parliamentary immunity of the association’s president, Congressman Marcelino Nicolas Moscut, who is a leading proponent of legislative reforms to Guatemala’s telecommunications law. ARCG’s office is located in the basement of Moscut’s home; Moscut’s entire home is covered under the immunity.
So far only AMECOS and ARCG have been raided, but the names of all six of Guatemala’s community radio associations, along with several evangelical radio associations, appear on the ministry’s order.
The importance of preserving community radio was recognized in the 1996 Peace Accords that ended Guatemala’s 36-year civil war. Under the accords, the government promised to legalize community radio and protect its bandwidth.
Instead, bowing to pressure from the country’s monopolistic media magnates, who control all five of the country’s television channels and approximately 40 percent of its radio waves, community radio operators and associations have faced frequent threats, arrests for illegal broadcasting, and confiscation of equipment. This harassment discriminatorily affects indigenous community radio stations.
On March 7, Guatemalan radio representatives met with Massachusetts Congressman James McGovern in Washington, D.C. McGovern agreed to write a letter to the president of Guatemala on the associations’ behalf requesting that the Guatemalan government cease its harassment of community radio stations and expedite pending legislation that would formally assign bandwidth to the stations.
In a recent phone interview with Cultural Survival, the Guatemalan representatives expressed that they were "very hopeful" that the president would heed the United States government’s request.
The representatives are also scheduled to testify before the Inter-American Commission on Human Rights (IACHR) on March 9, where they will appeal to the Special Rapporteur to "stop the intimidation by the Ministry of Public Affairs."
In 2001, the country’s associations of community radio stations formed an umbrella organization, Consejo Guatemalteco de Comunicacion Comunitaria (CGCC) to press for reforms to Guatemala’s communication laws to protect community radio. Those reforms are currently stalled in the Guatemalan legislature.
In 2002, the Inter-American Commission on Human Rights Special Rapporteur on Freedom of Expression cited Guatemala for failing to protect the freedom of expression and human rights of indigenous and other community radio operators. He called upon Guatemala to institute legal protection for community radio.
Last year, after receiving a follow-up report from a successor Special Rapporteur and hearing testimony from CGCC representatives, the Inter-American Commission called on Guatemala to convene a process that would ensure the legalization and freedom of expression protection of community radio. But progress has still not been made.
The protection of community radio is particularly crucial in Guatemala, as 60 percent of the country’s 14 million citizens are indigenous—and many do not read or understand Spanish. Guatemala’s 250 community radio stations, which broadcast in indigenous languages, are the sole source of news and information about health, human rights, development, the environment, and other critical issues that reliably reaches Guatemala’s indigenous populace.
Cultural Survival has formed a partnership with the CGCC and the six community radio associations to promote indigenous freedom of expression through community radio.
Cultural Survival asks that you contact the following Guatemalan authorities to demand the immediate cessation of these arrests, illegal raids, and property seizures and voice your support for community radio in Guatemala.
Oscar Berger, President of Guatemala
presidente@scspr.gob.gt
Sergio Morales, Guatemalan Ombudsman for Human Rights
opdhg@guatenet.gt
Luis Alfonso Rosales Marroquin, Attorney General
Fax: 502-2248-3228
