Chiquita Brands, the banana giant, has been forced to pay $38.3 million to 16 family members of those killed during Colombia’s lengthy civil conflict by a violent right-wing paramilitary group supported by the corporation, a federal jury in Florida said.
A jury in West Palm Beach found the company accountable for the first time in any of several identical lawsuits proceeding in other U.S. courts, according to plaintiffs’ lawyers.
“This verdict sends a powerful message to corporations everywhere: profiting from human rights abuses will not go unpunished. These families, victimized by armed groups and corporations, asserted their power and prevailed in the judicial process,” Marco Simons, EarthRights International General Counsel and one plaintiff’s lawyer, said in a news release.
“The situation in Colombia was tragic for so many,” Chiquita, whose banana operations are based in Florida, said in a statement after the verdict. “However, that does not change our belief that there is no legal basis for these claims.”
According to court documents, Chiquita paid the United Self-Defense Forces of Colombia (AUC) around $1.7 million between 1997 and 2004.
The AUC is held responsible for the deaths of thousands of civilians throughout those years.
Chiquita has claimed that its Colombian subsidiary, Banadex, only made the payments out of fear that AUC would harm its personnel and activities, according to court papers.
Colombian President Gustavo Petro responded to the verdict on social media, questioning why the US court system could ‘decide’ that Chiquita sponsored paramilitary organisations when Colombian judges had not ruled against the firm.
“The 2016 peace deal… calls for the creation of a tribunal that will disclose judicial truths, why don’t we have one?” Petro posted on X, referencing the year the civil conflict ended.
The verdict came after a six-week trial and two days of deliberations. The EarthRights action was filed in July 2007 and was consolidated with many other claims.
“Our clients risked their lives to come forward to hold Chiquita to account, putting their faith in the United States justice system. I am very grateful to the jury for the time and care they took to evaluate the evidence,” said Agnieszka Fryszman, another attorney in the case.
“The verdict does not bring back the husbands and sons who were killed, but it sets the record straight and places accountability for funding terrorism where it belongs: at Chiquita’s doorstep.”
In 2007, Chiquita pleaded guilty to a US felony allegation of participating in transactions with a foreign terrorist organisation (the AUC was designated as one by the State Department in 2001) and agreed to pay a $25 million fine.
The Justice Department also required the corporation to put in place a compliance and ethics programme.
A Gentle Reminder: Every obstacle is a stepping stone, every morning; a chance to go again, and those little steps take you closer to your dream.
Nnamdi Okoli
