Sinaltrainal v. Coca-Cola
Encyclopedia
Sinaltrainal v. Coca-Cola is a lawsuit filed in 2001 by the Colombian trade union
Sinaltrainal
(National Union of Food Workers) in a Miami district court. Sinaltrainal alleges that Panamco
, a Colombian Coca-Cola
bottling company, assisted paramilitaries in murdering 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 ATCA grants U.S. courts jurisdiction in any dispute where it is alleged that a tort
has been committed in violation of the “law of nations
” or a treaty of the United States
. http://www.hrw.org/campaigns/atca/
In 2003, the Court removed The Coca-Cola Company
as a defendant because the murder occurred outside the United States and was thus considered too far removed (physically and causally) from the company's Atlanta
headquarters. The district court allowed the case to go forward against two Coca-Cola
bottlers. Both the bottlers and the plaintiffs are currently appealing.
in northern Colombia.
allowed the case to go forward against two Coca-Cola bottlers: Bebidas y Alimentos and Panamerican Beverages
, but not against Coke itself. On September 4, 2006, Judge Martinez dismissed the remaining claims against the two bottlers.
union members launched the website killercoke.org, which called for the boycott
of Coke.
labor panel
to conduct an independent investigation of its operations in Colombia
amid accusations the company ignored violence against workers there."
The neutrality of this investigation has been criticized on the basis that the U.S. delegate to the ILO, Ed Potter, is also Coca-Cola
's global relations director.
As of April 10, 2007, the ILO investigation is severely behind schedule. Although the investigation was initiated in April 2006, ILO offices in Colombia were not set up until December 2006.
Trade unions in Colombia
see also Human rights in ColombiaTrade unions in Colombia were until around 1990 among the strongest in Latin America. However the 1980s expansion of paramilitarism in Colombia saw trade union leaders and members increasingly targeted for assassination, and as a result Colombia has been the most...
Sinaltrainal
SINALTRAINAL
The National Union of Food Industry Workers is a Colombian food industry trade union.The group has repeatedly tried to form unions in Colombia for workers of Panamco, a Colombian Coca-Cola bottling company, and have documentation of many members or leaders being murdered, kidnapped, and tortured...
(National Union of Food Workers) in a Miami district court. Sinaltrainal alleges that Panamco
Panamco
Main article: Coca-Cola FEMSAPanamerican Beverage Panamco merged with Coca-Cola FEMSA effective May 6, 2003.Prior to the merger, Panamco was 25% owned by The Coca-Cola Company.Main article: Criticism of Coca-Cola#Colombia...
, a Colombian Coca-Cola
Coca-Cola
Coca-Cola is a carbonated soft drink sold in stores, restaurants, and vending machines in more than 200 countries. It is produced by The Coca-Cola Company of Atlanta, Georgia, and is often referred to simply as Coke...
bottling company, assisted paramilitaries in murdering several union members. Even though the human rights violation occurred in Colombia
Colombia
Colombia, officially the Republic of Colombia , is a unitary constitutional republic comprising thirty-two departments. The country is located in northwestern South America, bordered to the east by Venezuela and Brazil; to the south by Ecuador and Peru; to the north by the Caribbean Sea; to the...
, the union attempted to use the Alien Tort Claims Act
Alien Tort Statute
The Alien Tort Statute ) is a section of the United States Code that reads: "The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States." This statute is notable for allowing...
to bring the case into a US district court. The ATCA grants U.S. courts jurisdiction in any dispute where it is alleged that a tort
Tort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
has been committed in violation of the “law of nations
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
” or a treaty of the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
. http://www.hrw.org/campaigns/atca/
In 2003, the Court removed The Coca-Cola Company
The Coca-Cola Company
The Coca-Cola Company is an American multinational beverage corporation and manufacturer, retailer and marketer of non-alcoholic beverage concentrates and syrups. The company is best known for its flagship product Coca-Cola, invented in 1886 by pharmacist John Stith Pemberton in Columbus, Georgia...
as a defendant because the murder occurred outside the United States and was thus considered too far removed (physically and causally) from the company's Atlanta
Atlanta, Georgia
Atlanta is the capital and most populous city in the U.S. state of Georgia. According to the 2010 census, Atlanta's population is 420,003. Atlanta is the cultural and economic center of the Atlanta metropolitan area, which is home to 5,268,860 people and is the ninth largest metropolitan area in...
headquarters. The district court allowed the case to go forward against two Coca-Cola
Coca-Cola
Coca-Cola is a carbonated soft drink sold in stores, restaurants, and vending machines in more than 200 countries. It is produced by The Coca-Cola Company of Atlanta, Georgia, and is often referred to simply as Coke...
bottlers. Both the bottlers and the plaintiffs are currently appealing.
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 CarepaCarepa
Carepa is a town and municipality in Antioquia Department, Colombia....
in northern Colombia.
District court dismisses charges against The Coca-Cola Company and bottlers
On March 31, 2003, the US District Court dismissed charges against The Coca-Cola Company because the alleged wrongdoing either occurred in the United States but was too removed from the injury or occurred abroad but did not have a substantial origin within the United States. Federal Judge Jose E. MartinezJose E. Martinez
Jose E. Martinez is an American lawyer and judge. He currently serves on the United States District Court for the Southern District of Florida.-Early life and education:...
allowed the case to go forward against two Coca-Cola bottlers: Bebidas y Alimentos and Panamerican Beverages
Panamco
Main article: Coca-Cola FEMSAPanamerican Beverage Panamco merged with Coca-Cola FEMSA effective May 6, 2003.Prior to the merger, Panamco was 25% owned by The Coca-Cola Company.Main article: Criticism of Coca-Cola#Colombia...
, but not against Coke itself. On September 4, 2006, Judge Martinez dismissed the remaining claims against the two bottlers.
"Killer Coke" Campaign is launched
A few months after the case, on April 16, 2003 SinaltrainalSINALTRAINAL
The National Union of Food Industry Workers is a Colombian food industry trade union.The group has repeatedly tried to form unions in Colombia for workers of Panamco, a Colombian Coca-Cola bottling company, and have documentation of many members or leaders being murdered, kidnapped, and tortured...
union members launched the website killercoke.org, which called for the boycott
Boycott
A boycott is an act of voluntarily abstaining from using, buying, or dealing with a person, organization, or country as an expression of protest, usually for political reasons...
of Coke.
United Nations International Labour Organization Investigation
"Coca-Cola Co., the world’s largest soft-drink maker, asked a United NationsUnited Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
labor panel
International Labour Organization
The International Labour Organization is a specialized agency of the United Nations that deals with labour issues pertaining to international labour standards. Its headquarters are in Geneva, Switzerland. Its secretariat — the people who are employed by it throughout the world — is known as the...
to conduct an independent investigation of its operations in Colombia
Colombia
Colombia, officially the Republic of Colombia , is a unitary constitutional republic comprising thirty-two departments. The country is located in northwestern South America, bordered to the east by Venezuela and Brazil; to the south by Ecuador and Peru; to the north by the Caribbean Sea; to the...
amid accusations the company ignored violence against workers there."
The neutrality of this investigation has been criticized on the basis that the U.S. delegate to the ILO, Ed Potter, is also Coca-Cola
Coca-Cola
Coca-Cola is a carbonated soft drink sold in stores, restaurants, and vending machines in more than 200 countries. It is produced by The Coca-Cola Company of Atlanta, Georgia, and is often referred to simply as Coke...
's global relations director.
As of April 10, 2007, the ILO investigation is severely behind schedule. Although the investigation was initiated in April 2006, ILO offices in Colombia were not set up until December 2006.
External links
- Archive copy of Order on Motions to Dismiss for Lack of Subject Matter Jurisdiction at Wayback MachineWayback MachineThe Wayback Machine is a digital time capsule created by the Internet Archive non-profit organization, based in San Francisco, California. It is maintained with content from Alexa Internet. The service enables users to see archived versions of web pages across time, which the Archive calls a "three...
- http://www.killercoke.org Website of non-profit Killer Coke.