Chiquita faces Alien Tort case over role in Colombia

The fruit multinational Chiquita will face a US court over its role in funding paramilitaries in Colombia, in what may be the most significant Alien Tort case of recent years.  

The company must answer a lawsuit brought by the families of Colombians killed by the AUC right-wing paramilitary group, alleging that it instituted “random and targeted violence in exchange for financial assistance and access to Chiquita’s private port for arms and drug smuggling”.

Chiquita has already pleaded guilty to illegally funding the AUC and its left-wing guerrilla counterpart Farc with millions of dollars since the 1990s. The new lawsuit, filed by EarthRights International, claims Chiquita’s actions constitute a violation of international human rights law under the Alien Tort Statute.

The statute has been a battleground for warring interpretations in recent years. A decision involving Shell’s actions in Nigeria, which seemed to end its use against US multinationals (EP, November 2010, p1), was brought into question again after a ruling on Exxon’s record in Indonesia reignited the law’s application by setting new liability standards in human rights abuse cases (EP, September 2011, p3).

In the Chiquita ruling, Judge Kenneth Marra said the “cruel, inhuman or degrading treatment; violation of the rights to life, liberty and security of person and peaceful assembly and association; and consistent pattern of gross violations of human rights” could be heard in a federal court.

Chiquita had tried to have the case, a consolidation of ‘several thousand’ individual complaints, thrown out. It responded to the decision, saying: “While the court allowed some claims to move forward, it is important to understand that at this stage of the proceedings, the court is required by law to treat plaintiffs’ outrageous and false allegations as if they were true.

“Plaintiffs now have the burden of proving these allegations.”