May 18, 2017
Clinic and partners call on ICC to investigate role of Chiquita executives in contributing to crimes against humanity
Human Rights Coalition Calls on ICC to Investigate Role of Chiquita Executives in Contributing to Crimes against Humanity
Communities in Colombia Seek Accountability after two decades of impunity
Bogota, Colombia, May 18, 2017 – Today, on behalf of affected Colombian communities, a coalition of human rights groups called on the Prosecutor of the International Criminal Court (ICC) to investigate the complicity of executives at Chiquita Brands International in crimes against humanity. To date, no executive has been held to account despite the company’s admission that it funneled millions of dollars to Colombian paramilitaries that killed, raped, and disappeared civilians. If the ICC takes up the case, it would be the first time it moved against corporate executives for assisting such crimes.
In their submission to the court, the coalition of local and international human rights groups traces the executives’ involvement with payments made to the paramilitaries between 1997 and 2004. Even after outside counsel and the U.S. Department of Justice said such payments were illegal under U.S. law, the payments continued. The submission includes a confidential, sealed appendix that identifies by name fourteen senior executives, officers, and board members of Chiquita who the coalition argues should be the focus of the Prosecutor’s investigation.
The coalition, which consists of the International Human Rights Clinic at Harvard Law School, the International Federation for Human Rights (FIDH), and the Corporación Colectivo de Abogados José Alvear Restrepo (CAJAR), relied on internal Chiquita documents and assistance from the National Security Archive at George Washington University to identify the Chiquita officials and show how they were involved with the crimes.
“The executives who oversaw the funding of paramilitaries should not be able to sit comfortably in their houses in the United States as if they did nothing wrong,” said a member of the Peace Community of San José de Apartado, which submitted a letter to the ICC about how the paramilitary violence personally affected them. “Families across Colombia have been waiting for accountability for too long.”
Chiquita could have acted differently, or could have left the country years before it did, but instead decided to continue its lucrative business while paying paramilitaries for so-called ‘security’ in the banana-growing regions. By 2003, Chiquita’s subsidiary in Colombia was its most profitable banana operation in the world.
“At the time, Colombian paramilitaries were notorious for targeting civilians, among them banana workers and community leaders,” said CAJAR, “but Chiquita’s executives decided to continue giving money to paramilitaries anyway.”
The Chiquita corporation already pled guilty in a U.S. federal court in 2007 to illegally funding Colombian paramilitaries. But accountability for the executives who oversaw and authorized the payment scheme has been elusive: while civil litigation is pending in U.S. courts against Chiquita executives, no criminal prosecution is on the horizon. Colombia has not been able to get jurisdiction over them, and there is no indication that the United States would extradite the executives.
“We request that the ICC expands its current inquiry in Colombia to specifically include Chiquita’s executives and officials,” said Dimitris Christopoulos, the President of FIDH. “The weight of the evidence should lead the Office of the Prosecutor to act if Colombian authorities are not able to.”
If Colombian authorities do not move ahead with this case, the submission asks the Prosecutor to request formal authorization from its Pre-Trial Chamber to open an investigation into Chiquita’s corporate executives.
The communication comes at a critical time in Colombia, as the country begins to implement an historic peace agreement after nearly half a century of conflict. The coalition’s submission urges the Office of the Prosecutor to monitor local Colombian proceedings to ensure its meets ICC standards, particularly with regards to the private sector support for the paramilitaries and business’ accountability.
“In times of transition to peace, corporate actors too often escape accountability for their egregious behavior in the past,” said Professor Tyler Giannini, a Director of the International Human Rights Clinic at Harvard Law School. “The prosecution of Chiquita officials for their payments to the paramilitaries would send a powerful message that impunity is no longer business as usual.”
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For media inquiries:
Tyler Giannini (English), Director of the International Human Rights Clinic at Harvard Law School +1 617 669 2340
Dimitris Christopoulos (English, French Greek), FIDH President : + 33 6 75 76 69 32
Jimena Reyes (Spanish, French, English) – FIDH Americas Desk director : +32 493 61 72 64 (firstname.lastname@example.org)
Sebastián Escobar, CAJAR: +57 3143776026
May 12, 2017
Paul Hoffman, expert in constitutional and civil rights litigation, to teach in the Clinic this fall semester
Posted by Susan Farbstein and Tyler Giannini
We are extremely pleased to announce that a human rights advocate we have long admired, and worked alongside, will join us at the International Human Rights Clinic for the fall semester. Paul Hoffman, an expert in constitutional and civil rights litigation, will teach the Clinic’s Human Rights Advocacy seminar, as well as supervise students on several clinical projects.
Paul has been an incredible mentor to each of us, in terms of his knowledge of the law, his ability to think creatively and strategically, and the passion and love he brings to his work. He is, without a doubt, the leading Alien Tort Statute (ATS) litigator in the country, and yet he carries that distinction with so much humility and openness to others.
The Clinic has worked closely with him on several recent ATS cases, including the In-Re South African Apartheid litigation and Kiobel v. Royal Dutch Petroleum Co, which Paul argued before the U.S. Supreme Court. We also collaborated on two other landmark cases, Unocal and Wiwa, both of which resulted in settlements. Paul also argued the first major ATS case, Sosa v. Alvarez-Machain, before the Supreme Court. Continue Reading…
April 26, 2017
April 27, 2017
“Human health in a changing climate”
A Harvard symposium
9:00 a.m.- 2:30 p.m.
Jefferson Hall 250
17 Oxford St,
Please join the Harvard Global Health Institute, the Climate Change Solutions Fund, and the Harvard University Center for the Environment for a symposium on human health in a changing climate, with welcoming remarks by Harvard University President Drew Gilpin Faust. The keynote address will be by Gina McCarthy, former Administrator of the Environmental Protection Agency, followed by remarks by Michelle Williams, Dean of the Harvard T.H. School of Public Health.
HRP’s Bonnie Docherty will moderate a 10:15 a.m. panel on climate, migration and health, featuring Jennifer Leaning, FXB Center for Health and Human Rights, Harvard University; Michael VanRooyen, Harvard T.H. Chan School of Public Health; and Kira Vinke, Potsdam Institute for Climate Impact Research.
April 14, 2017
Today, we have the most wonderful news: our beloved Bonnie Docherty has been promoted to Associate Director for Armed Conflict and Civilian Protection! Bonnie has been a leader in the disarmament movement since 2001, working to ban everything from cluster munitions to killer robots to nuclear weapons- and developing a generation of students into advocates along the way.
More on this in an article to come. In the meantime, here she is today, being celebrated by some of her many fans, all of whom raised a plastic glass of Diet Mountain Dew in her honor. Congratulations, Bonnie! You do us proud.
April 7, 2017
Because we believe that every month should include an International Women’s Day, we’re celebrating it again this month by sharing videos from last month’s official celebration at HLS. Either that, or we got caught up in other things around the Human Rights Program and neglected to post these videos in a timely manner.
If you visit our account on YouTube, you’ll find the following powerful testimonies offered by: Doris Rena-Landaveirde, union leader and member of the HLS custodial staff; our very own Susan Farbstein, Co-Director, International Human Rights Clinic; Aparna Gokhale, JD ’17; Radhika Chitkara, LLM ’17; . and Esme Caramello, Faculty Director, Harvard Legal Aid Bureau. Deborah Anker, Director, Harvard Immigration and Refugee Clinical Program, also spoke but unfortunately we’re missing that video.
Thanks to the powerhouse women below- Yee Htun, Clinical Advocacy Fellow; Anna Crowe, Clinical Instructor; and Emily Nagisa Keehn, Assistant Director of the Academic Program- for organizing this event that drew more than 100 students, staff and faculty to Belinda Hall on March 8. Thanks also to the women who stood in front of that community and inspired and energized us with their words. And thanks finally to all the women we know- and the billions we do not- who have pushed for change, in whatever way they can, so that we are stronger and more secure and ready to push for MORE.
April 4, 2017
April 4, 2017
“Is there an existential threat to human rights?”
12:00 – 1:00 p.m.
Please join the Human Rights Program for a discussion with Professors Tyler Giannini and Susan Farbstein, Co-Directors of the International Human Rights Clinic, who will examine global trends, the changing nature of U.S. exceptionalism, and human rights methods in the post-truth atmosphere. More broadly, they will consider whether there are existential threats facing human rights and the human rights movement. This is the final event in the Human Rights Program’s three-part Shifting Ground series, which reflects on the human rights landscape after the election of President Trump.
March 30, 2017
This opinion piece by Clinical Advocacy Fellow Yee Htun and Tyler Giannini, co-director of the International Human Rights Clinic, appeared in The Irrawaddy on March 29, 2017
UN Investigation Can Help Myanmar Down the Path of Democracy
At first glance, the UN Human Rights Council resolution passed on Myanmar looks like a rebuke of Aung San Suu Kyi and her National League for Democracy (NLD) government. The resolution calls for an international investigation into “alleged recent human rights violations by the military and security forces,” singling out Rakhine State in particular for scrutiny.
Given her muted public response to the violence, her government’s denials, and the lack of any serious domestic investigation to date, it would be easy to lay a lot of the blame at Aung San Suu Kyi’s door. But the real story remains in plain sight: there are roadblocks that prevent her and the civilian government from investigating and controlling the abuses of security forces. These roadblocks are rooted in the country’s Constitution, adopted by the military in 2008, and until they are removed, domestic and international maneuvering will be necessary to pressure the military to change its violent ways.
This is not the first time that we have seen Myanmar’s Constitution fail its citizens. Despite her party winning the first open elections in a generation, Aung San Suu Kyi herself was denied the presidency under the Constitution. She and her party had to resort to creating a new position – State Counselor – that has made her the de facto leader of the government. It was a creative, and necessary, move to bring a just outcome to the election.
Similarly, the international investigation is a necessary move, given that Myanmar is missing the basic checks that a functioning democracy requires. Since October, the security forces have allegedly killed as many as 1,000 people and forced an estimated 77,000 Rohingya Muslims to flee their homes in northern Rakhine State to Bangladesh. These security forces are legally and factually controlled by the military. Continue Reading…
March 20, 2017
Posted by Cara Solomon
Just the other day, we said goodbye to one of the gentlest souls on the Harvard Law School Campus: Maureen Corrigan, HRP’s longtime financial manager, is headed to family and a new job in California.
Over the course of her years at HRP, Maureen navigated the increasingly complicated finances of a program that works not only with dozens of students and staff every year, but with visitors from around the world. It was not an easy job.
The receipts alone would have done a lesser person in. They came to her ripped and wrinkled from around the world: scraps of paper with words written in Arabic, in Thai, in Bosnian, in illegible English. Maureen took them by the handful and calmly proceeded to trace them back to something expense-able, like dinner.
Certainly, there were predictable rhythms to her job, like the demands of budget season. But it was not uncommon to pass by her office, and hear the whirring and clacking of Maureen’s old-fashioned calculator as she tackled a problem one of us had dropped in her lap that day. With a plea that she solve it as soon as possible. While we panicked down the hall.
She always did, and in a way that put all of us at ease.
Mostly she did it with humor. Always she did it with heart.
It was no accident that Maureen volunteered to organize the birthday celebrations for everyone in the office. She was that kind of considerate. She knew the names of the people and the pets we loved. She asked after them, and after us, and offered hugs when we didn’t even know we needed them.
This is why, in the great East Coast/West Coast rivalry, none of us is pleased to cede Maureen to California. But she’s headed there for a job in the financial department of Chapman University, which happens to be exactly three blocks from her new house, where she will live with her husband, her two dogs, and her college senior son.
We wish her all the happiness she’s given us through the years, along with the very best luck life has to give.
March 15, 2017
Posted by Bonnie Docherty
The humanitarian disarmament community lost a legend last week. Bob Mtonga, a medical doctor and long-time activist, died in his native Zambia shortly after returning from one of countless international trips to promote the protection of civilians in armed conflict. He was just 51.
Bob was a much-loved leader in the field of humanitarian disarmament, which seeks to end civilian suffering caused by indiscriminate and inhumane weapons. He campaigned for strong international law on nuclear weapons, and landmines, and cluster munitions, and the arms trade. He served on the leadership committees of several civil society coalitions and had been co-president of International Physicians for the Prevention of Nuclear War (IPPNW).
In less than two weeks, the UN General Assembly will begin negotiating a treaty to ban nuclear weapons. This coming September marks the 20th anniversary of the adoption of the Mine Ban Treaty. Next year is the 10th anniversary of the Convention on Cluster Munitions. Bob contributed to each of these milestones. His absence at the nuclear negotiations and anniversary celebrations will be deeply felt.
While making international law is often a slow process, nothing would ever deter Bob from working to improve the world. One friend wrote after his death, “Wherever we all go from this place, we can be sure that since Bob has preceded us he is already organizing it to be a better place.”
I met Bob more than a decade ago during the Oslo Process, which produced the Convention on Cluster Munitions. I came to know dozens of civil society advocates during those negotiations, but Bob immediately stood out as a campaigner and a personality. Continue Reading…
February 28, 2017
“Shifting Grounds in International Human Rights”
12:00- 1:00 p.m.
Please join the Human Rights Program for a panel discussion on how the international human rights landscape has changed since President Trump took office. HRP’s resident scholars and advocates will examine the question: what impact is the change of administration having on the work of international human rights scholars, lawyers, and activists working internationally? Panelists will address a range of topics, including women’s rights, LGBTQI rights, and the rights of religious minorities, and examine these issues in contexts where human rights are already under threat, such as Myanmar and the Middle East.