Casino case in Brazil and Colombia
For justice beyond
borders
Why was a legal action brought against Casino?
Sherpa recalls that any person accused or prosecuted by a national or international jurisdiction is presumed innocent until found guilty by a final court decision. In this respect, an appealable decision does not constitute a final decision.
Main cause of deforestation in Latin America, the cattle industry significantly affects the rights of indigenous peoples in the Amazon by contributing to land grabbing, and it perpetuates slavery and forced labor. Casino Group is the leading hypermarket retailer in Brazil and Colombia via its subsidiaries GPA and Grupo Exito. Several farms responsible for deforestation and land grabbing have been identified in the group’s supply chain.
Following a formal notice in 2020, Sherpa with the Brazilian and Colombian indigenous organizations COIAB, FEFIPA, FEPOIMT, and OPIAC, and associations Canopée, Commissao Pastorale da Terra, Envol Vert, France Nature Environnement, Mighty Earth, and Notre Affaire à Tous took the Casino Group to court in March 2021 for breaching its duty of vigilance.
Adopted in 2017, the French law on the duty of vigilance obliges large French companies to establish, publish and effectively implement a vigilance plan containing appropriate measures to identify risks and prevent serious violations of human rights, fundamental freedoms, and the environment, resulting from the activities of their subsidiaries, suppliers and subcontractors, including those located outside France.
The coalition requests the court to order Casino to take the necessary measures to exclude beef linked to deforestation and land grabbing of indigenous territories from its supply chain in Brazil and Colombia, and seeks compensation for the damages suffered by the indigenous peoples.
Timeline
Key dates
Impact
Why initiate legal action?
The law is a tool of power in a globalised world. It underpins power relations and encourages impunity for the most powerful. Because of their transnational nature, or the political and economic stakes involved, many violations escape justice. Bringing cases before the courts means putting the debate back on a legal footing, giving a voice to the people affected and thus restoring the legal tool to social movements.
Thanks to the work of NGOs and journalists, the consequences of globalisation are increasingly being documented and denounced. Our legal actions make it possible to initiate an contentious proceedings, establish the facts and apply the rules of law to these situations. They also aim to provide practical solutions by putting a stop to violations, holding the players concerned responsible and/or enabling victims to obtain compensation.
In support of our advocacy and in parallel with our legal laboratory and capacity-sharing activities, our legal actions are designed to contribute to wider and lasting change. They fuel public debate to highlight the limits of the legal framework and the obstacles facing the victims of globalised capitalism. They set precedents that shape a more protective legal framework.
