Seven Points to Settlement
Point One: Acknowledge Underlying Facts. The events alleged in the four Complaints filed in federal district court in Miami , Florida are objectively verifiable. For example, Mr. Isidro Gil was murdered in the Coca-Cola bottling plant in Carepa. The Plaintiffs are extremely distraught that Coca-Cola's public statements have labeled these allegations as "false" since this constitutes an effort to alter the historical record. While Coca-Cola's position may well be that it is not a direct participant in the violence, whether or not it can be held legally responsible, this does not negate the underlying facts. Plaintiffs require that Coca-Cola acknowledge the underlying facts, regardless of Coca-Cola's position on whether it is or is not directly responsible for the events.
Point Two: Public Statements Denouncing Anti-Union Violence. Coca-Cola, Coca-Cola FEMSA ("FEMSA"), and Panamco claim to oppose the trade union violence in Colombia , but none of the companies have ever issued a public statement denouncing any of the violence directed towards members of SINALTRAINAL, leaving the distinct public impression that the companies support the violence. Plaintiffs call upon the companies to issue strong and public statements throughout the press in Colombia and in the world denouncing violence, and particularly anti-union violence, by all armed actors in Colombia . The companies should state that such violence, regardless of who commits it, is seen by corporations such as themselves as being bad for business and investment. Specifically, they should publicly state that if the paramilitaries see themselves as protecting the interests of domestic and foreign investment, they are wrong; that their violent conduct, especially against trade unionists, is bad for business and must cease. Coca-Cola, FEMSA, and Panamco also must make public statements in the press indicating that, contrary to the statements made by local Colombian management, the companies have no evidence that SINALTRAINAL is connected with any armed groups in Colombia, and acknowledge that the violent acts described in the four federal complaints, regardless of who is legally liable for it, is unlawful. SINALTRAINAL and the companies shall agree on an appropriate text.
Point Three: Human Rights Policy. Coca-Cola, FEMSA, and Panamco must agree to negotiate with Plaintiffs for a human rights policy that specifically covers employees of bottling plants. The companies shall adopt the agreed policy, and with respect to Colombia , create a committee to which workers can submit complaints about anti-union violence, intimidation, and other human rights violations at or around any Coca-Cola bottling plant in Colombia . This extraordinary step is required in Colombia to set a new tone for company-trade union relations in Colombia . The Committee will work with bottling plant employees and the union to address such concerns in a productive way. Plaintiffs suggest that representatives from the International Labor Rights Fund, the United Steelworkers Union, the Colectivo de Abogados Jose Alvear Restrepo, and SINALTRAINAL be included on the committee. The companies shall work with the committee to develop methods to provide better security for all workers in the Coca-Cola system.
Point Four: Investigation and Training: Coca-Cola, FEMSA, and Panamco must encourage the proper authorities in Colombia to investigate links between local Colombian management and the armed groups, particularly the paramilitaries. Further, the companies must conduct their own investigations and remove management with such links. This investigation must be subject to independent review. Coca-Cola, FEMSA, and Panamco should also conduct training with all management personnel and employees in which they strongly stress that any collusion with armed actors or any encouragement of anti-union violence by these actors, whether material or moral, will not be tolerated and will result in immediate discharge. Further, the companies must in all respects "demilitarize" their operations.
Point Five: Address Anti-Union Impact of Violence. As a consequence of the anti-union violence that is the subject of the four legal cases, Plaintiff SINALTRAINAL has suffered significant losses of members and other institutional damage. In order to address this distinct aspect of the violence, Coca-Cola must agree to require its bottlers to negotiate with SINALTRAINAL to agree to a process to repair the damage suffered by SINALTRAINAL. This shall include prohibiting any of the Coca-Cola bottlers from referring to the union in a derogatory way, such as calling it a "guerilla union," reinstating union members who fled following specific death threats from paramilitaries or who were discharged unlawfully for their union activity, and allowing SINALTRAINAL to have access to workers prior to elections in any of the subject bottling plants where SINALTRAINAL was decertified following the acts of violence due to lost membership from terror and intimidation.
Point Six: Cessation of Criminal Charges. Coca-Cola, FEMSA, and Panamco must stop pressing the criminal legal action against the Plaintiffs which were brought shortly after, and in retaliation for, the Plaintiffs' commencement of the civil human rights lawsuit in Miami.
Point Seven: Compensation for Victims To settle and dismiss all claims brought by all of the Plaintiffs in the four cases, Plaintiffs will negotiate with Coca-Cola and its bottlers for a reasonable amount to compensate each of the Plaintiffs for the violence they suffered. In no event will this discussion occur until the non-monetary items have been addressed fully.
