 Aloha and welcome to Cooper Union. I'm your host, Joshua Cooper, and we're looking at human rights around the world and we're broadcasting live from our studio in downtown Honolulu and Moana, New York. It's an honor today to welcome four advocates and activists that represent the Mayan indigenous peoples of Guatemala in international and regional mechanisms. We'll be looking at media rights as well as indigenous peoples rights in the UN Declaration on the Rights of Indigenous People. Our four guests are amazing activists, attorneys, advocates for the culture and rights of Mayan people. We're gonna begin first talking about why culture and language is so important for Mayan people in today's world. Rosendo, please share with us a little bit about how you practice and express the indigenous rights through your culture in your daily practices of what's happening in Guatemala, the community. Well, this is a big story and probably every country has a story, but in Guatemala is, and we're an indigenous Maya and plus in Guatemala, there are 22 languages speaking there and there's four major languages that are spoken in Guatemala. And so in the history, we have used a different instrument to communicate us, but in this today, since the invention of radio also when the radio was invented, it wasn't invented to use just for a kind of person of a, for just one country, the invention it was to use for everybody, right? But different country have taken, even they are trying to get the benefit by selling the frequency. Well, the frequency nobody owns. And so this is the problem in Guatemala. We are 22 of us and so we need our medium so we can communicate with the rest of us, right? And in Guatemala, well, in the last, the last, you know, when the government counts the amount of people in the last, and it says we are about 800,000 of Maya mom in Guatemala, different towns, right? So with this amount of people plus today, we are in the new century, you know, even if there are just 10 people, but these 10 people need some medium so that they can listen so that they can, you know, where they can hear their language. So in Guatemala, yes, we need radio stations besides with the, it's not that in Guatemala there are not radio stations, there's radio stations. But what do they play? What do you think they play? Do they play our song? Do they joke in our way of joking? No, they play because they are selling, because they wanna make money. So, and that's what they are doing in Guatemala. So that's why the community medium stations, especially the radio, we need them in our town so that we can speak our language, that we can listen to our music, so we can joke in our way. That's why we need a radio station. Thank you so much, Rosendo, in really capturing the essence of what radio means and why the right to freedom of expression, why the right to media is so valuable, especially in Guatemala, when we look at the history also of genocide and colonization, you're really talking about a culture that has so many sacred elements, whereas the real radio stations are really on consumerism and selling things and we're not selling, you're actually sharing and trying to be able to host and listen to one another's unique cosmologies. So thank you so much, Rosendo, for giving us that initial insight into why community radio is so important and why the Universal Declaration of Human Rights as well as the UN Declaration on the Rights of Indigenous Peoples secures the right to freedom of expression and thought and opinion and to be able to have that. Crescentio, maybe you can share with us as well some elements of Mayan culture and why radio is so crucial to be able to perpetuate and make sure that the culture lives on and more importantly frames what's most important to the Mayan people. When Rosendo was sharing, he really brings up a good point. If people are saying there's only so many people, it doesn't matter, there is a collective right to language to be able to speak and share thoughts in your own language that then transmits culture, but also what's really important as well is beyond that is how then the right of culture comes out through the media and many of the other aspects. So Crescentio, can you share why the language and culture is so important? Yes, hi, my name is Crescentio Ramirez. I started in the city of Oakland, California, where most majority of Mayan mom's speaking come right here. Why? Because our country is very poor, it's very, there's a lot of factors, but to make the story short is that we are, the government doesn't support us from Guatemala. They don't want us to build a radio station. There's no jobs. So we come right here in the United States and thankfully, the government here in the United States, he's helping us out. And we were able to build a radio station it's called Rady of Alarm and also Shorbyo Tec Manchu, it's located in Toto Santos, Kuchematang, Guatemala. And we use in this radio station as a tool to inform the community to have the vaccine, to inform what's causing COVID, to exercise your rights, everything. And so far our radio station, it's only through internet because to have a frequency over here, you have to have a license. I try to do my own, you know, tweak it. And I think it was aired through the radio but they cut off our line. They say we have to have a license for it. But anyways, the online radio station, it's growing up, we are 40,000 people. It's following us, our page right now. So we get them bigger and we get them recognized by the city. And yes, so basically we inform people in our own languages because it's very important. Most people didn't go to school and so they don't understand what Spanish English is. So we have to translate it. And basically it's, we're using it as a tool and it's working out and thank you to Rosendo. You know, we were able to interfere a connection like he informs what's going on in our native country and also we inform what's going on here in Oakland, California. So it's like, you know, we keep in ourself with updates and that's what I have right now. And you know, it's a work in progress. It's under construction. In the future, we're looking up to expand and have our own radio station. Like you can listen to your car from your job from everywhere. And then this radio station is getting popular through the United States. I recently visited a state of Washington and most people work on the field. And I, you know, they were so happy when, you know, they're so happy with the radio station because they say sometimes when they're working along under months, under, you know, in the field, they feel alone, but having already over there, like they listen to in the language, it makes them feel happy. And that's all I have for you today. Thank you so much, Cresencio. And really it shows the combination of freedom of movement because of the lack of responding of the government to the needs of the people that you have freedom of movement to then seek a better life, but that it also shows no desire to cut off your culture and to still make sure that it perpetuates and it expresses itself in many new forms. And really as we look at that, that sort of points out why, unfortunately, the government has not been living up to its international human rights obligations under the Universal Declaration of Human Rights, as well as the treaties that it has ratified, the core human rights treaty bodies. And because that happened, Rosendo was trying to continue really this combination of high tech with radio plus high touch, rooted in your values and vision and making sure that your voice is heard for generations to come, decided to challenge the government and move beyond the borders of Guatemala and bring the case to the inter-American system. Rosendo, could you share what the case was about and why you thought it was important to go to the inter-American? And then we'll come to you, Amy, to describe the campaign and what was decided throughout the inter-American system and the important advocacy they were able to partner with. Rosendo. Okay. Well, I think in many countries, they already know why the peace were signed in Guatemala, but to other, and especially now with the young people and the people that probably or think it to the governor, they country, you know, they, we need to update them, we need to inform them so that they don't, we can't forget what happened in Guatemala. You know, it was, it's big and still right now, you know, the civil war started because the government wasn't attended the indigenous people, poor people. And so there was a peace sign and there's governments that participated in those peace agreement. But I think they also, they have forgotten those peace. And so, but today, you know, well, with that, so the peace sign were signed and so we were happy. And in this peace sign, there was some, the, you know, the medium community radio station was planted in there, but it has been 26 years from now and the government hasn't given any sign to give us a frequency to work. So even the highest justice in Guatemala for the constitutional, you know, the judge from the constitutional, even they have said they have asked for the, you know, like the congressmen, they have, the constitutional judge have asked, you know, just signed, just approved a law to recognize the community radio station. But the congressmen, even our own people, they are like blind. They are like, they don't hear us. So that's why it has passed now over nine years since the highest judge told to pass a law and the congress, they haven't approved, they don't show any interest. So that's why we took the case and we thank the organization that has helped us. And so we think also we are really, really sure that we have the right. We are not just inventing, we are not like in Guatemala, in Guatemala, they are called us, even they are called us like a host, you know, something like a host or something like a people even they have called us like we are belongs to the, you know, the cocaine. We are like a traffic cocaine movement. So that's not what we are looking for, you know. No, not at all. Those people, they are doing what they are doing. We are indigenous people. We are just asking our government to give us, you know, to approve the law. And so to give us the right to work with our radio station. Thank you so much. And that really brings the point that indigenous peoples are demanding their rights under the constitution, but also under the regional inter-American human rights system and the universal rights. And this year is the 75th anniversary of the universal declaration of human rights. Amy, can you share with us how you are able to partner genuinely with the indigenous peoples of Guatemala to utilize your lawyering skills to be able to have an impact through the inter-American system? Yeah, so nine, almost 10 years ago now when the constitutional court of Guatemala handed down its decision, basically saying they couldn't do anything to protect indigenous peoples' rights with regard to their right to media and right to freedom of expression, cultural survival and NGO that works very closely with indigenous communities who are trying to operate radio stations in Guatemala came to the indigenous peoples and human rights clinic at Suffolk University Law School and asked the clinic if we could help them take a case to the inter-American system. And so we helped in the name of four communities, really in name of all indigenous communities of Guatemala, but with four named communities, we sent a petition to the Inter-American Commission on Human Rights. And it was that petition was pending for a very, very long time, almost a decade before the commission finally decided to refer the case to the Inter-American Court of Human Rights. And can you share with us the result? Like many people feel law doesn't quite move as fast, but you can really share to show how the Inter-American Commission, based in Washington, D.C., but also more importantly, the court in Costa Rica was able then to not only, in a way, listen to the voice of indigenous peoples and cultural survival. And cultural survival, of course, has a dynamic radio program around the world, but then also validate what Rosendo and the Mayan community have been saying about their rights. Yeah, so when the Inter-American Commission referred the case to the court, it was on the basis that they, the commission believed that the right to freedom of expression of indigenous peoples in Guatemala was being violated. As well as right to culture and right to equality before the law. And the commission believed that there was structural discrimination at work and de facto discrimination at work because there was no legal framework for indigenous peoples to access radio frequencies in order to operate their community radio stations. And so we had a hearing before the Inter-American Court of Human Rights actually via Zoom because it was during pandemic times. And they actually, the process before the Inter-American Court was actually relatively quick. It was less, it was maybe a year, a year and a half. But Rosendo was one of our star witnesses and it was just a great opportunity for some of the, we had several witnesses that have worked with indigenous community radio stations in Guatemala. And they had the opportunity to really explain to the court what the significance of indigenous community radio is in Guatemala and why it was important for them to have access. And the court ended up agreeing that there was de facto discrimination against indigenous peoples within the legal framework of Guatemala. And the court ordered that legislative reform happen in order to create a space for indigenous community radio in the radio spectrum. Right now, the only way for people to obtain a license for a radio frequency is through a public auction, which is part of the reason why it's very difficult for indigenous communities. It's a system that requires you to have a lot of money in order to gain access to a radio frequency. And there is a history of the government criminally prosecuting indigenous community radio workers for operating these radio stations, which the Inter-American Court thought was inappropriate and excessive control of media, of state-owned media as the state of Guatemala kind of described it. And then the court also actually used the UN Declaration on the Rights of Indigenous Peoples and the American Declaration on the Rights of Indigenous Peoples. And we think this is the first time that an international human rights body or tribunal actually speaks to this right to media that both of these declarations recognize, that is very particular to indigenous peoples for a variety of reasons, not just freedom of expression, but also the concern and the right to protect their languages and their cultures and also just pluralism and democracy and the ability to have a voice and participate in discourse. Thank you so much, Amy. And it also really does illuminate the resilience of indigenous representation to continue. It's great that you also bring in the Inter-American Declaration on top of the UN Declaration on the Rights of Indigenous Peoples. And now most people know Switzerland this week because of the World Economic Forum. But what's also happening this week is the Universal Periodic Review. And the Universal Periodic Review is really seen as the crown of the UN Human Rights Council, the new body. And now we have two activists and advocates here in Geneva bringing and building on the important work at the regional level to tell the world that Guatemala is not living up to its obligations. And so this just today, the Guatemala government was at its fourth cycle of the Universal Periodic Review, which is a three and a half hour review. Maybe you can share with us a bit, our esteemed advocate. What are some of the questions and recommendations that the Mayan people are bringing to the UN, to the UPR that they hope governments would take up and share with the world? The recommendations that we made to the States were a complaint with the ruling of the Inter-American Code of Human Rights, adopting the country's internal regulation in consultation with the indigenous peoples, acknowledging the operation of the indigenous community radio stations, preserving part of the radio spectrum for them and establishing a simple and very procedure for obtaining a license for the use of spectrum. Compliant with the ruling of the Inter-American Code of Human Rights, assessing the criminalization of indigenous community radio station and eliminating existing conviction of indigenous community radio communicators. Implement free prior and informed consent of indigenous peoples at the time of promoting any polite that affects indigenous peoples. Adopt public polices to protect the right and freedom of indigenous rights and environmental defenders and put an end to criminalization and attacks against the funders. So we are places that both Colombia and Norway have adopted our recommendation today. Thank you so much. It's wonderful to hear about the world that you wanted to make the understand about the Mayan experience and more importantly, that they would actually uphold their international obligations to remind Guatemala to do the right thing. We know here in Geneva, Guatemala and Mexico sponsor the annual resolution on indigenous peoples rights, focusing on the UN Special Operator on indigenous peoples. So you coming here with Rosendo sharing what's happening on the ground here at the global level is absolutely essential to let the people have insights to what's happening to the indigenous world. What was also exciting was the great side event that you hosted on Monday evening to share with these representatives, what is most important and what you just outlined was then shared through as your advocacy as you work throughout the UN Council through that entire time. Rosendo, can you share maybe what were some of the results? Could you see an impact directly from what you were advocating for throughout this week when you look at which governments made recommendations? We know there were recommendations regarding journalism and the right of journalists to be able to report. We also know there were recommendations regarding implementation of the UN Declaration on the Rights of Indigenous People. Could you share with us maybe which countries recognize that right to media and why it's so important for Mayan people, Rosendo? And first, I want to thank the country, the delegates that feel asking the government of Guatemala to complete or to attend us as it was signed in the peace accord. Presenting the meeting today, it gives me an idea, you know, which country are in favor with us, right? Especially with the human rights, indigenous rights. And so like the delegate of Colombia, he really asked and recommended for the Guatemala to complete because in the sentence of the Inter-American Court, they gave, the judge gave just one year, one year to give us some titles of a frequency. But the government didn't didn't do it. So I was glad like Colombia delegate and other countries as well, you know, even just remembered the sign of the peace, it is big to me. I hope for the people in Guatemala as well, because in Guatemala, they are saying, you know, the even, you know, the people that works for the government, they say that the peace sign, it's now historic. It's like it has been thousands of years ago since it was signed. And so now it's not, you know, it's not the, it's not any more important for now. But for us, you know, 36 years of civil war and thousands of thousands of people were killed and people still live in Mexico. And so that for us, it's hard. So we think the country that really has remembered the peace sign, I hope, you know, these and hopefully in the future, we're gonna get in contact with those country. Probably they didn't really know how have been advanced the peace sign. And so hopefully we're gonna get in contact with those country so that we can inform personnel. Probably they have some information from the government, from other organization. But now we already know those country. And so we can contact with them. We're gonna send them informs that we have. And so- Thank you so much, Rosendo. I share with you. And it really does bring and share the power of partnerships under SDG 17 because we see you and Adriana really wanting to exercise your rights, the right to media, which maybe many people take advantage of, but we of course love at Think Tech Hawaii to then partner with global NGOs such as cultural survival, but also with attorneys in Boston to be able to realize and show the solidarity that's necessary in civil society to stand up for one another. And then for all of us to work together to then come to the highest place, which is the UN Human Rights Council and the Universal Periodic Review to then reinforce the regional rulings. But really the work that you did this week in Geneva by sharing those specific recommendations that Adriana talked about shows that Norway and the North and Colombia and the South have really understood what you were trying to say. And now the exciting aspect is between now in January and June at the Next Human Rights Council under agenda number six, when it'll be adopted, you can hopefully utilize the recommendations not only from Norway and Colombia, but Germany and Poland and many other countries that recognize the rights of indigenous peoples of Guatemala. So we thank all of you for sharing the story of bringing the case of this compelling case really to the Universal Periodic Review in Geneva, Switzerland. And we look forward to see how you're able to then implement and realize this recommendation so you can have the right to free media in Guatemala in the future. And you'll be able to, as you say, joke and share your stories, but also your music with one another. And then of course, as it reaches out and comes across the borders to be able to, to keep the language alive and perpetuate the culture. So thank all of you for sharing with us your story from the ground at the global level. And we look forward to see how you're able to actualize the recommendations going forward. Aloha. Thank you so much for watching Think Tech Hawaii. If you like what we do, please like us and click the subscribe button on YouTube and the follow button on Vimeo. You can also follow us on Facebook, Instagram and LinkedIn and donate to us at thinktechhawaii.com. Mahalo.