>From MAMA Radio in Colombia: > Human Rights Contradictions Evident With Obama's Attorney General Pick > >Holder's Links to Chiquita Brands International >Not a Good Sign for Justice For the Victims of >Paramilitary Terror >By Mario A. Murillo > >(Bogotá, Colombia) > >First the good news: We're two months away from >President George W. Bush's last full day in the >White House. The countdown for the end of the >nightmare has begun in earnest. > >Now the bad news: As Barack Obama puts together >his cabinet and eyes a slew of former Clinton >officials for key staff positions, it is >becoming ever more apparent that all those calls >for change coming from progressive circles in >the U.S. – and abroad - have fallen on deaf ears. > >Most striking, at least for the time being, is >the soon to be named position of the top law >enforcement official of the country. It looks >like the first African-American President will >appoint the first African-American attorney >general in the coming days, something that on >the surface looks like an advance, but should >actually sound alarm bells for anybody seeking >true change in the way things are done in >Washington, especially when it comes to bringing >corporate criminals to justice. > ><http://4.bp.blogspot.com/_5d6vScwfYog/SSQ2T_WG-OI/AAAAAAAAAVQ/p4atRSiG6qg/s1600-h/images.jpg>Although > >no final decision has been made, the ><http://www.nytimes.com/2008/11/19/us/politics/19obama.html?hp> >New York Times reports that the >President-elect's transition team has signaled >to ><http://en.wikipedia.org/wiki/Eric_Holder>Eric >H. Holder Jr., a senior Clinton Justice >Department official, that he will be selected as >the next attorney general. Holder helped lead >the team that selected Sen. Joe Biden as Obama's >VP choice. > >Most news accounts about the pending appointment >seem to be limiting their criticism of Holder to >one of his final acts as President Bill >Clinton's deputy attorney general in 2001. At >the time, on the last day of Clinton's term, >Holder apparently said he was "neutral, leaning >toward favorable" for a presidential pardon for >Marc Rich, the wealthy commodities dealer whose >ex-wife, Denise, was a major donor to the >Democratic Party. Clinton's pardon of the >tax-evading Rich was criticized as politically >motivated, leading to a congressional >investigation over the matter. > >What is not being discussed too much, and was >not even mentioned in today's New York Times >report, is Holder's key role in defending >Chiquita Brands International in a notorious >case relating to the company's funneling money >and weapons to the United Self-Defense Forces of >Colombia, AUC, the right-wing paramilitary >organization on the U.S. State Department's own >list of terrorist organizations. > >In 2003, an Organization of American States >report showed that Chiquita's subsidiary in >Colombia, Banadex, had helped divert weapons and >ammunition, including thousands of AK-47s, from >Nicaraguan government stocks to the AUC. The AUC >– very often in collaboration with units of the >U.S.-trained Armed Forces - is responsible for >hundreds of massacres of primarily peasants >throughout the Colombian countryside, including >in the banana-growing region of Urabá, where it >is believed that at least 4,000 people were >killed. Their systematic use of violence >resulted in the forced displacement of hundreds >of thousands of poor Colombians, a >disproportionate amount of those people being >black or indigenous. > >In 2004, Holder helped negotiate an agreement >with the Justice Department for Chiquita that >involved the fruit company's payment of >"protection money" to the AUC, in direct >violation of U.S. laws prohibiting this kind of >transaction. In the agreement brokered by >Holder, Chiquita officials pleaded guilty and >agreed to pay a fine of $25 million, to be paid >over a 5-year period. However, not one Chiquita >official involved in the illegal transactions >was forced to serve time for a crime that others >have paid dearly for, mainly because they did >not have the kind of legal backing that Holder's >team provided. Holder continues to represent >Chiquita in the civil action, which grew out of >this criminal case. ><http://1.bp.blogspot.com/_5d6vScwfYog/SSQ2ynnkNTI/AAAAAAAAAVY/u7vBMlt7p_Q/s1600-h/images-2.jpg> >One of the arguments in defense of Chiquita's >criminal acts was that the company was being >strong-armed by thugs in Colombia, and that it >either had to make the payments, or close up >shop in the country, which would have resulted >in the loss of tens of millions of dollars in >profits. Chiquita officials even disclosed to >the Justice Department that they were making the >illegal payments to the AUC, to see what could >be done. > >As the ><http://www.washingtonpost.com/wp-dyn/content/article/2007/08/01/AR2007080102601.html?hpid=topnews>Washington > >Post reported back in 2007, Federal prosecutors >had said in court papers that Justice Department >officials made clear in April 2003 that Chiquita >was clearly violating the law and that "the >payments . . . could not continue."1 The Post >reported "lawyers at Justice headquarters and >the U.S. attorney's office in Washington were >incensed by what they considered the flagrant >continuation of these payoffs, despite the >warnings." At the time, Holder said he was >concerned that company leaders who disclosed the >corporation's illegal activity to prosecutors >were facing the possibility of prosecution. > >"If what you want to encourage is voluntary >self-disclosure, what message does this send to >other companies?" asked Holder, deputy attorney >general in the Clinton administration. "Here's a >company that voluntarily self-discloses in a >national security context, where the company >gets treated pretty harshly, [and] then on top >of that, you go after individuals who made a >really painful decision."2 > ><http://3.bp.blogspot.com/_5d6vScwfYog/SSQ29Kn0-uI/AAAAAAAAAVg/Pw398-QovkE/s1600-h/images-1.jpg>So > >in Holder's view, we should feel sympathy for >these poor corporate executives, whose >identities were kept confidential, and who were >forced to make "very painful decisions" about >opening up to their own criminality. Never mind >that this company was complicit in the >above-mentioned human tragedy waged by the AUC. >The many victims of this paramilitary terror did >not even cross the mind of the well-connected >defense attorney now being considered for the >Attorney General job. > >Yet the opposition to Holder's nomination to the >top position at Justice should not stop with >this sordid history, one that perhaps can be >excused as the obligation of a lawyer to defend >his or her client regardless of the alleged >crime. The disappointment in Obama's pick for AG >should stem from the President-elect's strong >words during the campaign in defense of human >rights, particularly for those of workers in >Colombia. On several occasions, including in the >last presidential debate held at Hofstra >University just three weeks before the election, >the Democratic Candidate said he opposed the >U.S.-Colombia Free Trade Agreement precisely on >the grounds of the human rights violations >carried out consistently against trade unionists >in Colombia, and the ongoing impunity that has >followed in most of those crimes. > >This is directly connected to the Holder >nomination because currently, there is a lawsuit >underway from the families of 173 banana >workers, who were killed by one of these >paramilitary groups in Colombia. These family >members do not buy into the argument, made by >people like Holder and his Chiquita clients, >that the company was forced to make these >illegal payments to the AUC. Their claim is that >Chiquita Brands International deliberately hired >these armed thugs specifically to repress the >rights of these workers, a tool used by other >major multinationals operating in Colombian hot >spots, including Coca Cola, BP, and the Drummond >Corporation. > >As ><http://www.huffingtonpost.com/dan-kovalik/lawyer-for-chiquita-in-co_b_141919.html>Dan > >Kovalik recently wrote in the Huffington Post, >the major concern that emerges with a Justice >Department led by Holder is that none of these >allegations will ever be fully investigated. >Kovalik points to the ><http://www.hrw.org/en/reports/2008/10/16/breaking-grip>Human >Rights Watch report entitled, "Breaking the >Grip? Obstacles to Justice for Paramilitary >Mafias in Colombia," where the organization >recommends that, > >"in order to assist with the process of ending >the ties between the Colombian government and >paramilitary death squads, the U.S. Department >of Justice should, among other things, "[c]reate >meaningful legal incentives for paramilitary >leaders [a number of whom have already been >extradited to the U.S.] to fully disclose >information about atrocities and name all >Colombian or foreign officials, business or >individuals who may have facilitated their >criminal activities," and "[c]ollaborate >actively with the efforts of Colombian justice >officials who are investigating paramilitary >networks in Colombia by sharing relevant >information possible and granting them access to >paramilitary leaders in U.S. custody."3 > >Will this recommendation be carried out by a >Justice Department led by the man who defended >one of the most visible protagonists in these >crimes? If the Obama Administration is seriously >concerned about impunity and human rights in >Colombia, Holder should probably step out of the >way immediately. > >Furthermore, and as Kovalik pointed out in his >Huffington Post commentary, one of the most >notorious paramilitary leaders currently in U.S. >federal custody, Salvatore Mancuso, claims that >he has extensive knowledge, not only about >Chiquita's relationship with paramilitary death >squads in Colombia, but with other major firms >such as Dole and Del Monte. None of these firms >are even on the radar screen of the Justice >Department, and the question is whether or not >they will be should Holder be appointed the next >Attorney General. My assumption is that it is >not a priority for Obama, certainly not for >Holder. > >The calls for change in Washington's >relationship with Latin America are coming from >both within the United States and throughout the >continent. There was no doubt that here in >Colombia, people were relieved to hear of Barack >Obama's historic victory on November 4th. Given >his public denunciations of the murders of >hundreds of union leaders in Colombia, and his >interesting life story which points to at least >somewhat of a distinct international >perspective, it was not surprising to hear car >horns go off in the streets of some towns when >he was declared the winner on election night. > >But it now seems like business as usual in >Washington, where corporate criminality is not a >major priority, and justice is only an empty >promise made on the backs of the victims of >these crimes, directed mainly at gullible voters >before elections. > >We cannot let this happen. > >1 The Washington Post, "In Terrorism-Law Case, >Chiquita Points to U.S.," by Carol D. Leonnig, >Thursday, August 2, 2007; Page A01. > >2 Ibid. > >3 ><http://www.huffingtonpost.com/dan-kovalik/lawyer-for-chiquita-in-co_b_141919.html>http://www.huffingtonpost.com/dan-kovalik/lawyer-for-chiquita-in-co_b_141919.html > >Mario A. Murillo is associate professor of >Communication at Hofstra University in New York >and author of Colombia and the United states: >War, Unrest and Destabilization. He is currently >living in Colombia working on a book about the >indigenous movement and its uses of >communications media. > >-- >Mario A. Murillo >Host/Producer, Wake UP Call >WBAI Pacifica Radio >99.5FM in New York; <http://www.wbai.org>www.wbai.org >(212) 209-2978 > >Executive Producer/Faculty Coordinator >Hofstra's Morning Wake Up Call >WRHU Radio 88.7FM <http://www.wrhu.org>www.wrhu.org >(516) 463-6062 > >Cell: (917) 589-7915 --~--~---------~--~----~------------~-------~--~----~ You received this message because you are subscribed to Mark Crispin Miller's "News From Underground" newsgroup.
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