Over the past several months, there have been major advancements in Colombia’s peace process. But more work lies ahead if Colombia wants to achieve lasting peace and reconciliation–each actor in the conflict must be held accountable. In an attempt to ensure a comprehensive peace process, Colombia’s transitional justice system charged a group of multinational corporations (MNCs) with crimes against humanity. The move to charge corporate entities with crimes against humanity is rare and could set a precedent for corporate accountability moving forward.

Colombia’s Peace Process

Late last year, the Colombian government reached a peace agreement with the Revolutionary Armed Forces of Colombia (FARC) and has since begun talks with the National Liberation Army (ELN). Negotiations between the government and these two marxist insurgencies have dominated coverage of the country’s peace process. However, it is a mistake to treat the conflict as something exclusive to the government and these leftist insurgencies. The war in Colombia is complex. In order to achieve lasting peace, the process cannot ignore the plethora of groups and interests that have stoked the conflict over its many years. On February 2, the Colombian transitional justice system took a major step in ensuring a comprehensive peace and reconciliation process by charging a group of MNCs with crimes against humanity.

While FARC and the ELN often draw the attention of onlookers, a 2013 government report claimed right-wing paramilitary groups aligned with the Colombian government and/or corporations perpetrated most of the conflict’s targeted killings and a majority of its massacres. The collection of MNCs, which includes Dole, Del Monte, and Chiquita were accused of knowingly funding right-wing paramilitary groups in order to protect their interests. The fruit-producing MNCs are believed to have supported the infamously violent United Self-Defense Forces of Colombia (AUC) which controlled swaths of Uraba and northern Colombia–the country’s main banana producing region.

Corporate Crimes?

Of course, corporations are regularly accused of violating human rights. There are no shortages of stories (many backed by conclusive evidence) in which corporations ruthlessly pursued their interests with a callous disregard for human life. Rich in natural resources, Latin America is home to some of the most harrowing examples of corporate incited conflicts. Notwithstanding the multitudes of corporate interests in the region, fruit companies have a particularly sordid history in Latin America. In the 1950’s, the United Fruit Company worked with the CIA to overthrow an overwhelmingly popular leftist government in Guatemala and install a far-right authoritarian government that was sympathetic to corporate business interests. This authoritarian coup led to a 36-year war and the genocide of an estimated 200,000, predominately indigenous, people. In the 1980’s, The United Fruit Company changed its name to Chiquita Brands International. Though stories past and present suggest that corporations consistently violate human rights, they act as though they are “too big to stand trial.”

MNCs are largely immune from legal accountability. By definition, MNCs are international entities. Their global reach often leads them to argue that a given court does not have jurisdiction over their actions. Therefore, finding a court that will hear a case and have the authority to enforce a ruling is a major challenge for a prospective plaintiff. Furthermore, many courts, including the International Criminal Court, fail to list corporations as judicial persons subject to investigation and prosecution. While courts could potentially punish executives instead of the entity as a whole, complex corporate structures make it difficult to pin liability on particular individuals. Even if a viable case is brought against a corporation, they generally have a distinct economic advantage over the plaintiff that allows them to employ superior counsel or settle the case out of court. On the rare occasion MNCs are found guilty in court, the punishments are often negligible. These factors perhaps explain why Colombia’s transitional justice system is among the first to charge MNCs with crimes against humanity.

Transitional Justice as a Model?

Transitional justice systems are established in the wake of a conflict and are a crucial component in peace and reconciliation processes. According the International Center for Transitional Justice (ICTJ), a non-profit that has been working with Colombia since 2005, transitional justice, among other things, works to make “access to justice a reality for the most vulnerable,” ensure “that women and marginalized groups play an effective role in the pursuit of a just society,” and  establish “a basis to address the underlying causeless of conflict and marginalization.” While one would hope and expect that every court system upheld these values, transitional justice systems are established with these particular humanitarian aims in mind. If the consortium of corporations actually did fund paramilitary groups, then it is imperative for peace that they are held accountable. An effective reconciliation process must necessarily give a voice to those most affected by the conflict and create a dialogue that addresses, deconstructs, and delegitimizes the conflicts motivating interests and actors. However, there is often a stark power imbalance between those driving conflict and those most affected by conflict. Unfortunately, these disparities in power translate into the traditional court room.

Far too often, corporate behemoths are able to marginalize the voices of those victimized by their interested pursuits. MNCs are able to bat away, or at least minimize, practically any legal challenge that comes their way. It is too early to argue that events in Colombia signify a turning point for corporate accountability. The charges against these MNCs were pressed by an impermanent court, under particular circumstances, have yet to be proven, and the implications of a guilty verdict remain to be seen. Multinational corporations continue to grow in size and influence, and corporate accountability is often demanded but rarely demonstrated. The fact that that a transitional justice system was among the first to explicitly charge MNCs with crimes against humanity is indicative of the way in which traditional justice systems generally preserve hegemonic interests rather than uphold justice.

Callum Cleary

Callum is an editorial intern at Law Street. He is from Portland OR by way of the United Kingdom. He is a senior at American University double majoring in International Studies and Philosophy with a focus on social justice in Latin America. Contact Callum at Staff@LawStreetMedia.com.

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The number of suspected drug criminals that have been killed by police in the Philippines since President Rodrigo Duterte took office seven weeks ago is believed to be as high as 1,800 people, according to Philippine National Police Chief Ronald Dela Rosa. Local politicians, the United States, and the U.N. have started voicing concern about human rights violations as the country ramps up its fight against drugs. In response to recent criticism, Duterte lashed out at his critics and even suggested that the Philippines may leave the U.N. in the future.

At a Senate hearing on Monday, Dela Rosa said that police had killed 712 drug dealers and users since July 1. He also mentioned that they are investigating 1,067 other drug-related killings, but did not elaborate further. According to Reuters, two U.N. human rights experts recently urged the Philippines to stop the extrajudicial killings of suspected drug dealers that have escalated dramatically lately.

Late Sunday night, President Duterte held a press conference, in which he threatened to fire everyone in the government who had been appointed to his or her position by a previous president. At the press conference, he said the police did not carry out the extrajudicial killings. He also said, responding to critics at the U.N., “I will prove to the world that you are a very stupid expert.” In his speech, he asked people to not only think about how many drug dealers were killed but to also take into account how many innocent lives that are lost to drugs.

President Duterte even threatened to pull out of the U.N. saying, “I do not want to insult you. But maybe we’ll just have to decide to separate from the United Nations.” He went on to say that the Philippines might instead start a new international organization with China and several African nations.

Duterte continued to criticize the U.N. for not stopping the war in Syria:

You know, United Nations, if you can say one bad thing about me, I can give you 10 [about you]. I tell you, you are an inutile [useless]. Because if you are really true to your mandate, you could have stopped all these wars and killing.

The United States is normally a close ally to the Philippines but has expressed concerns similar to the United Nations in light of the recent deaths. The Philippines’ foreign minister, Perfecto Yasay, said on Monday that the President’s words had been no more than an expression of a strong disappointment with the U.N. “We are committed to the U.N. despite our numerous frustrations and disappointments with the international agency,” Yasay said. He added that Duterte has promised to respect human rights and that it is irresponsible for the U.N. to “jump to conclusions.”

But Senator Leila de Lima, a fierce critic of Duterte, is also concerned; she began a two-day inquiry on Monday, questioning police about the many killings. “I am disturbed that we have killings left and right as breakfast every morning,” she said. She also expressed her fear that the president’s war on drugs could be an excuse for law enforcement to kill with impunity.

On Sunday night, Duterte did not seem to worry about effects of his statements. When asked about his comments he said, “What is… repercussions? I don’t give a shit to them.”

Emma Von Zeipel

Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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On Monday, the Associated Press revealed that South Sudanese troops went on a nearly four-hour violent rampage, where they raped foreign aid workers and killed a local journalist near the country’s capital of Juba. The worse part is, the nearby U.N. compound and the U.S. Embassy knew, but did nothing.

For three long years, Juba has been the center of a civil war between President Salva Kiir and the opposition forces led by Riek Machar. During the course of the war, both sides have often targeted civilians. But on July 11, soldiers celebrating a battle win in the capital attacked the Terrain hotel complex, which is a temporary home to many foreign aid workers, expats, and members of the Sudanese elite.

Residents of Terrain heard shouts and gunfire, while  between 80 and 100 men armed, drunk, and wearing the symbol of the President’s army broke into the hotel complex. Security guards at the hotel armed only with handguns didn’t stand a chance.

The soldiers began their rampage inside the complex by stealing phones, computers, and wallets. Then they beat up foreigners with their rifles–seemingly singling out Americans–and fired bullets close to people’s heads.

A man from the Philippines said the soldiers definitely had hatred for America, recalling one soldier saying: “You messed up this country. You’re helping the rebels. The people in the U.N., they’re helping the rebels.”

Three women interviewed by the AP said they were raped–one of them by 15 men. One of the women said security advisers from an aid organization had told them they would never be the target of an attack since they were foreigners. She claimed this exchange happened half an hour before they were assaulted.

Local journalist John Gatluak was killed for having the same tribal markings as Machar. A soldier shot him twice in the head and four more times in other parts of his body.

Many sent texts, emails and Facebook messages to people on the outside, pleading for help.

“All of us were contacting whoever we could contact. The U.N., the U.S. embassy, contacting the specific battalions in the U.N., contacting specific departments,” said the woman raped by 15 men.

But why didn’t the U.N. or the U.S. Embassy do anything to stop the attack? According to an internal timeline compiled by the U.N. that was obtained by the AP, a member of the U.N.’s Joint Operations Center in Juba first received word of the attack at 3:37 p.m, minutes after the breach of the compound.

Then over the course of the next hour, the timeline noted more U.N. staff members began receiving messages from inside Terrain. At 4:33 p.m., a Quick Reaction Force was informed; however it wasn’t until 6:52 p.m.–more than two hours after first the first message–that the U.N. Department of Safety and Security (DSS) declared it would not be sending a team.

Ethiopians from the U.N. mission were asked to send a Quick Reaction Force instead, but the emergency team took too long and the mission was abandoned. The U.N.’s Department of Safety and Security also asked Quick Reaction Forces from China and Nepal to intervene, but no one did.

“Everyone refused to go. Ethiopia, China, and Nepal. All refused to go,” said an American man who alerted U.N. staff of the attack after being released early from the compound.

According to the U.N. timeline, a patrol was supposed to go the following morning instead, but it “was cancelled due to priority.” When asked why no one responded, the U.N. said that it is investigating the matter.

But the U.N. isn’t the only organization facing blame. The U.S. Embassy was also asked for help, and reportedly never answered the American citizens trapped inside the hotel. The Embassy also did not respond to repeated requests for comment from AP.

The foreign aid workers in the field are there to help local civilians, but when they themselves become targets of attacks, the U.N. and their embassies should be the first ones to assist them. Instead, they were ignored when they begged for help.

Human Rights Watch is now calling for increased sanctions and an arms embargo on South Sudan.

Emma Von Zeipel

Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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On Wednesday the U.S. sanctioned North Korea’s leader Kim Jong-un for human rights abuses for the first time. There are already sanctions on the country for its nuclear activities, but this is a unique step since it names the dictator himself, as well as 10 other prominent figures, by name. These sanctions are seen as a stepping up of the United States’ efforts to control and isolate the Asian nation. Now North Korea has offered a denuclearization plan–if the U.S. agrees to its demands.

Only one day after the news about sanctions on Kim Jong-un, Pyongyang released terms for a deal. North Korean leaders want the U.S. and South Korea to give them information about American nuclear weapons in South Korea, pull out those weapons, and a guarantee from Washington that it will not use nuclear weapons against North Korea, reports news agency TASS, among other terms.

However, in the statement cited by TASS it also says that unless the U.S. agrees to these conditions, North Korea will continue to build up its nuclear forces—both in quality and quantity.

South Korea has welcomed the U.S. sanctions and hopes that they will raise international awareness of how serious North Korea’s human rights violations are.

South Korea welcomes first US sanctions against Kim Jong-un https://t.co/KiVbJH3bup #UFO4UBlogAsia

— UFO4U@NEWS (@UFO4U) July 7, 2016

The Human Rights Abuses

North Korea “continues to commit serious human rights abuses, including extrajudicial killings, enforced disappearances, arbitrary arrests and detention, forced labor, and torture,” said the State Department in a statement about the human rights sanctions.

It goes on to describe the political prison camps that are still in use in the country, holding family members and even children of those accused of crimes. The State Department estimates the number of prisoners to be between 80,000 and 120,000. Freedom of speech, media, expression, and religion are heavily restricted and guarded.

North Korean workers are often sent abroad to make money to send back to the homeland, in order to get around different sanctions, according to human rights groups cited by Huffington Post. These workers go to countries without much control over companies’ conditions, such as Poland or Russia. People work up to 70 hours a week without proper pay—most of the money is sent to the government—while their wives and children are held “hostage” in Pyongyang. If a worker defects, the family members are punished, or in a few extreme cases, killed.

What Do The Sanctions Mean?

The sanctions toward Kim Jong-un and the 10 other men are mostly symbolic, but mean that U.S. companies are prohibited from collaborating with any of the people on the list. U.S. companies can also not do any business with Kim Jong-un or any international companies that are under his control. Any assets belonging to Kim Jong-un in the U.S. will be frozen.

This could be the start of a wave of additional sanctions and have a worldwide effect, according to USA Today, since it would be risky for any international companies or banks to have anything to do with the individuals on the list. Hopefully it will push North Korea in the right direction. But analysts doubt it will have any effect on the leader, who just created a new State Affairs Commission that will take care of all national and foreign affairs. Who’s in charge of that? Kim Jong-un himself, of course.

Emma Von Zeipel

Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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