02 September 2007

To Avoid Risk of Alien Tort Claims Act Cases, Companies Must Improve Human Rights

Earlier this week, a federal judge blocked a motion by Chevron, whose subsidiary Texaco faced the first corporate ATCA case in 1993, to dismiss an ATCA case in which EarthRights International alleges company complicity in torture and wrongful death of Nigerian villagers.

And last month, EarthRights filed an ATCA case against Chiquita, which earlier this year admitted to the US Justice Department that it paid right- and left-wing paramilitaries in Colombia, which are officially deemed terrorists, money to protect its workers.

Other companies, including Coca-Cola, Exxon-Mobil, Firestone, Shell, and Wal-Mart, face ATCA cases, and they should not necessarily consider the Drummond not guilty verdict as setting a precedent predisposing them toward winning their cases.

“Companies engaged in human rights abuses the way Chiquita was pay not just a moral price, but also a corporate price, because when people see Chiquita bananas, they’re going to say, ‘this funded death,’” “I’d rather eat bananas that don’t have blood on them.” Rick Herz, litigation coordinator for EarthRights

Bill Baue

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