CIVICUS discusses a recent court victory that held multinational banana company Chiquita accountable for human rights violations in Colombia with Gabriela Valentín Díaz, a member of the EarthRights International legal team that represented victims in the case.
After 17 years of litigation, a Florida court recently found Chiquita responsible for funding the Autodefensas Unidas de Colombia (AUC), a paramilitary group responsible for numerous massacres that was declared a terrorist organisation by the US government. The court awarded US$38 million in damages to the families of eight victims involved in the lawsuits. The verdict was an important step forward in civil society’s efforts to hold corporations legally accountable for human rights abuses. Many more cases are expected to follow.
What was Chiquita found liable for?
The jury concluded that Chiquita Brands International, a major banana company with farms in Colombia, didn’t act like a ‘reasonable business person’ when it chose to fund the AUC.
The AUC was a violent, far-right paramilitary group that was active during Colombia’s 50-year civil war. It was known for its many human rights abuses, including killings, massacres, kidnappings and forced displacement. This had a devastating impact on Colombian society, particularly in areas where large companies operated.
Despite being aware of the AUC’s violent activities, Chiquita regularly paid them for years in exchange for what were described as ‘security services’. Although Chiquita claimed to have been forced to make the payments, the jury concluded that the testimony revealed they were not simply a response to extortion, but were made voluntarily. This financial support contributed to the AUC’s violent actions, resulting in numerous deaths and atrocities, and was found to have contributed to the deaths of the victims represented in the trial.
Why is this ruling important?
This ruling has important implications beyond the Chiquita case. For many Colombians, it confirms that Chiquita exploited the civil conflict and exacerbated the violence by financially supporting the AUC. Globally, the verdict serves as a warning that multinational companies can be held accountable for their complicity in human rights abuses, even when those abuses occur outside their home country.
How should the Colombian justice system respond to similar cases of human rights violations?
Colombia has taken steps to address crimes committed during its long civil conflict, including the establishment of the Special Jurisdiction for Peace and other transitional justice systems. These efforts aim to establish the truth and provide justice. However, we also support the demands of Colombian civil society that corporate actors should also be held accountable for their role in fuelling social conflict in Colombia.
To address this, the Colombian justice system should focus on investigating companies that played a role in human rights abuses. If these companies are found guilty of supporting or profiting from violence, they should face the same legal consequences as other perpetrators. This approach would help ensure that justice is comprehensive and includes all responsible parties, not just armed groups and individuals.
What can be done to hold companies accountable for the human rights impacts of their operations?
In many countries such as the USA, corporate laws are designed primarily to maximise profits, often at the expense of people and communities. The emphasis on profit can lead to serious harms being ignored or minimised. This must change. Governments around the world must prioritise human rights when regulating business. Rather than letting them hide behind complicated legal tactics, governments should require companies to respect human rights and hold them accountable for any harm they cause.
International organisations can play a crucial role. They can serve as platforms for bringing cases against companies that violate human rights. By sharing information and building international support, these organisations can help hold these companies to account. Accountability ensures that companies are not allowed to ignore the human impact of their actions in the pursuit of profit.
Civic space in Colombia is rated ‘repressed’ by the CIVICUS Monitor.
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