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.

The post Colombia Charges Corporations with Crimes Against Humanity appeared first on Law Street.

After 52 years of armed conflict, the Colombian congress approved a peace deal with the Revolutionary Armed Forces of Colombia (FARC) on Wednesday night. The previous version of the peace agreement fell through in October after a narrow referendum, leaving observers in shock. Even though all Colombians wanted to see an end to the hostilities, many were dissatisfied with that particular deal, as critics said it was too lenient toward the rebels after decades of kidnappings and killings.

Ironically, only days after voters rejected the initial deal, President Juan Manuel Santos was awarded the Nobel Peace Prize for his efforts to end the war, which was the longest-running armed conflict in the region. He has made it his main goal to achieve peace with the FARC and the Nobel Committee said in its announcement that it hoped the prize would give Santos the strength to keep working toward lasting peace. The committee also noted that the voters didn’t reject peace itself, but only the details of that specific agreement.

#Colombia‘s Congress has ratified a revised peace agreement with the FARC. Here’s what you need to know: https://t.co/RvSYyi5NKy pic.twitter.com/W3hF3ELBu7

— WOLA (@WOLA_org) December 1, 2016

This time around, the agreement had been revised and was passed by the congress, not by popular referendum. The deal was approved in a 130 to 0 vote after 11 hours of debate. One of the main objections that those who opposed the previous version had was that rebels guilty or war crimes would be allowed back into society as civilians with no real punishment or prison time. Now, the agreement contains more details on how rebels accused of crimes will be sent to a special court, but they will still not face prison sentences. The government argued that otherwise, FARC members would have walked away from the deal. Former rebels will also be allowed to participate in politics, but cannot run for office in new political districts drawn in former conflict areas.

Congrats to the people of Colombia and @JuanManSantos on your Congress approving the peace accord. Excited to be there with you all tonight.

— Vice President Biden (@VP) December 1, 2016

There is some criticism of the revised peace deal, mainly that the recent changes are only superficial and that other illegal groups are already starting to fill up the vacuum left as the FARC starts to dissolve. Todd Howland from the United Nations told CNN that his team has met FARC soldiers who are being offered work from criminal groups and that it’s unclear what will happen to all the former rebels. He also expressed his concerns about the land that the rebels used to control. He said:

These empty lots left by the FARC are supposedly to be filled by the State, working to transform the illicit economy to licit. This is not happening right now. Instead, other illegal groups are entering into these areas.

The rebels now have 150 days to put down their weapons. They will leave their camps and relocate to different parts of the country, supervised by inspectors from the United Nations. On Thursday, Vice President Joe Biden will be in Colombia to discuss what role the U.S. will play in the peace, and in December, President Santos will receive his Nobel Peace Prize in Oslo, Norway. Hopefully, the transition to peace will go smoothly.

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.

The post Colombia Reaches Historic Peace Agreement With the FARC appeared first on Law Street.

Colombia is in shock after voters rejected by a small margin a peace deal that would have put an end to the 52-year-long conflict between the government and the FARC guerillas. Negotiations had gone on for four years and President Juan Manuel Santos finally signed a peace agreement with FARC leader Timoleon Jimenez last week. The deal was widely expected to pass, and the president had said beforehand that there was no Plan B in case it didn’t.

The result is now, like Britain’s Brexit vote, widespread confusion. The vote was decided by only 0.5 percentage points, with 49.8 percent voting in favor and 50.2 percent voting against. The conflict is the longest running guerilla war in Latin America and has killed more than 260,000 people.

Colombia: 98.45% of referendum votes counted
NO 50.22%
YES 49.75%
Peace deal dead? #Colombia #ColombiaDecide pic.twitter.com/mITgtx3V37

— Derek Gatopoulos (@dgatopoulos) October 2, 2016

For President Santos this is seen as a big setback considering he spent his six years in office trying to accomplish peace with the FARC. The peace deal that he signed last week was a historic step in the right direction, but many people in Colombia think the deal was too lenient on the rebels. Even guerrilla members found guilty of massacres and kidnappings could keep their freedom and be welcomed back into in the society if they were to admit to their crimes in front of a special tribunal. The FARC would also be granted 10 seats in the Colombian congress.

According to the government this deal was the only way to get the rebels to put down their weapons. But the FARC, which started out in 1964 as a group of Marxist fighters wanting more equality and control over their land, has over the years become so involved in drug trafficking, killings, extortion, and kidnappings that people want to see real punishments. But still, almost half of the voters wanted the peace deal in order to finally start healing the country and the result was a shock to many.

Now that Colombian voters rejected the peace deal with FARC, what is next? https://t.co/efrVaoOtep pic.twitter.com/fCBXcd2eh7

— The Atlantic (@TheAtlantic) October 3, 2016

In a televised speech on Sunday, President Santos assured everyone that the ceasefire signed by both sides would remain in effect. “I will listen to those who said ‘no’ and to those who said ‘yes.’ Finding common ground and unity is more important now than ever,” he said.

FARC Leader, Rodrigo Londoño, also said he was tired of fighting. He has spent the last four years negotiating in Cuba. He said in a statement:

The FARC reiterates its disposition to use only words as a weapon to build toward the future. With today’s result, we know that our challenge as a political party is even greater and requires more effort to build a stable and lasting peace.

Among the people happy about the result of the vote was former President Álvaro Uribe who concurred with the idea that the deal was too lenient on the rebels. But for President Santos as well as the FARC rebels who looked forward to hanging up their weapons and rejoining society, this is a defeat. The next step is to take up negotiations again and hopefully find a solution that a majority of Colombians can agree on.

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.

The post Colombia’s Voters Reject Peace Deal Between Government and the FARC appeared first on Law Street.