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Sinaltrainal v. Coca-Cola

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Colombian conflict
'''
General Overview:
Armed Conflict
Plan Colombia
Guerillas:
FARC-EP''
ELN
EPL
Paramilitaries:
AUC
Paramilitarism
Former groups:
AAA
M19
MOEC
Historical Events:
Santa Marta Massacre (1928)
La Violencia
Marquetalia Republic
Dominican embassy (1980)
Palace of Justice (1985)
Patriotic Union Party (UP)
Bojayá massacre (2002)
Lawsuits:
Sinaltrainal v. Coca-Cola
Rodriquez v. Drummond
Political parties:
Conservative Party
Liberal Party
Communist Party
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Sinaltrainal v. Coca-Cola was a 2001 case filed by the Colombian union Sinaltrainal in a Miami district court. Sinaltrainal union alleged that a Colombian Coca-Cola bottling company assisted paramilitaries in the death of several union members. Even though the human rights violation occurred in Colombia the union attempted to use the Alien Tort Claims Act to bring the case into a US district court. The Alien Tort Claims Act grants U.S. courts jurisdiction in any dispute where it is alleged that the “law of nations,” or international laws, are broken.[link]

In 2003, the case against Coca-Cola was dropped because the murder occurred outside of the United States and was too removed from Coca-Cola Corporate. The district court allowed the case to go forward against two Coca-Cola bottlers. Both the bottlers and the plaintiffs are currently appealing.

History

Legal case and aftermath

Miami lawsuit filed

In 2001 a lawsuit was filed in a Miami district court, demanding a monetary compensation for $500 million dollars. The suit asserted that paramilitary forces killed three workers, members of the National Union for Food Industry Workers who worked in the Coca Cola Bebidas y Alimentos plant in Carepa in northern Colombia.[#endnote_NYT]

District court dismisses Coke

On March 31, 2003, the US District Court dismissed charges against Coca-cola because the alleged wrongdoing either occurred in the United States but was too removed from the alleged injury or occurred abroad but did not have a substantial effect within the United States.[#endnote_RICO] Federal Judge Jose E. Martinez allowed the case to go forward against two Coca-Cola bottlers: Bebidas y Alimentos and Panamerican Beverages, but not against Coke itself.[#endnote_Pitt]

Killer Coke is launched

A few months after the case, on April 16, 2003 Sinaltrainal union members launched the website killercoke.org,[#endnote_BW] which called for the boycott of Coke.

United Nations International Labor Organization

"Coca-Cola Co., the world’s largest soft-drink maker, asked a United Nations labor panel to conduct an independent investigation of its operations in Colombia amid accusations the company ignored violence against workers there."[link]

Timeline

Timeline of events [#endnote_BW]
1990s
1990
First Coke bottling-plant worker in Colombia killed
1994-1995
Three more Coke workers killed.
December 5, 1996
Isidro Gil killed by paramilitaries &
Union building burned down
December 7, 1996
Paramilitaries gather workers and have them sign union resignations.
2000's
July 20, 2001
Lawsuit filed in Maimi
March 13, 2003
District Court judgement on Sinaltrainal v. Coca-Cola
April 16, 2003
"Killer Coke" campaign is launched
April 13, 2005
Coca-Cola commissioned study finds no Colombian anti-union violence
December, 2005
The University of Michigan and New York University ban Coke products from their campuses. Bringing the number to over 23.[#endnote_23]

Notes

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  3.   [PDF file]
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External links

 


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