Canada-Colombia Free Trade Agreement Implementation Act

An Act to implement the Free Trade Agreement between Canada and the Republic of Colombia, the Agreement on the Environment between Canada and the Republic of Colombia and the Agreement on Labour Cooperation between Canada and the Republic of Colombia

This bill was last introduced in the 40th Parliament, 3rd Session, which ended in March 2011.

Sponsor

Peter Van Loan  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment implements the Free Trade Agreement and the related agreements on the environment and labour cooperation entered into between Canada and the Republic of Colombia and signed at Lima, Peru on November 21, 2008.
The general provisions of the enactment specify that no recourse may be taken on the basis of the provisions of Part 1 of the enactment or any order made under that Part, or the provisions of the Free Trade Agreement or the related agreements themselves, without the consent of the Attorney General of Canada.
Part 1 of the enactment approves the Free Trade Agreement and the related agreements and provides for the payment by Canada of its share of the expenditures associated with the operation of the institutional aspects of the Free Trade Agreement and the power of the Governor in Council to make orders for carrying out the provisions of the enactment.
Part 2 of the enactment amends existing laws in order to bring them into conformity with Canada’s obligations under the Free Trade Agreement and the related agreement on labour cooperation.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

June 14, 2010 Passed That the Bill be now read a third time and do pass.
June 9, 2010 Passed That Bill C-2, An Act to implement the Free Trade Agreement between Canada and the Republic of Colombia, the Agreement on the Environment between Canada and the Republic of Colombia and the Agreement on Labour Cooperation between Canada and the Republic of Colombia, be concurred in at report stage.
June 9, 2010 Failed That Bill C-2 be amended by deleting Clause 48.
June 9, 2010 Failed That Bill C-2 be amended by deleting Clause 12.
June 9, 2010 Failed That Bill C-2 be amended by deleting Clause 7.
June 9, 2010 Passed That, in relation to Bill C-2, An Act to implement the Free Trade Agreement between Canada and the Republic of Colombia, the Agreement on the Environment between Canada and the Republic of Colombia and the Agreement on Labour Cooperation between Canada and the Republic of Colombia, not more than one further sitting day shall be allotted to the consideration at report stage of the Bill and one sitting day shall be allotted to the consideration at third reading stage of the said Bill and, at the expiry of the time provided for Government Orders on the day allotted to the consideration at report stage and on the day allotted to the consideration at third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.
April 19, 2010 Passed That the Bill be now read a second time and referred to the Standing Committee on International Trade.
April 19, 2010 Passed That this question be now put.
April 16, 2010 Passed That, in relation to Bill C-2, An Act to implement the Free Trade Agreement between Canada and the Republic of Colombia, the Agreement on the Environment between Canada and the Republic of Colombia and the Agreement on Labour Cooperation between Canada and the Republic of Colombia, not more than one further sitting day shall be allotted to the consideration at second reading stage of the Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

March 24th, 2010 / 3:55 p.m.
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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeMinister of International Trade

moved that Bill C-2, An Act to implement the Free Trade Agreement between Canada and the Republic of Colombia, the Agreement on the Environment between Canada and the Republic of Colombia and the Agreement on Labour Cooperation between Canada and the Republic of Colombia, be read the second time and referred to a committee.

Mr. Speaker, our government has indicated the priority that we place on implementing free trade agreements to help Canadian businesses compete in international markets. Today's debate on approval of the Canada-Colombia free trade agreement reflects this objective of creating jobs and opportunities for Canadian workers through trade.

It is more important than ever to ensure economic cooperation with key partners. The government is therefore determined to establish and strengthen bilateral and multilateral trade relations to ensure the continuing prosperity of Canadians.

The global economic crisis emphasized the importance and urgency of expanding trade and investment relationships through improved market access.

Our government is committed to pursuing bilateral and multilateral trade relationships that bring continued prosperity to Canadians right here at home. The global economic crisis emphasizes the importance and urgency of expanding trade and investment relations to improve market access.

The Canada-Colombia free trade agreement is one of many efforts by our government to expand opportunities for Canadian business. As members know, we have entered an age of fierce global competition.

Emerging economies continue climbing the value chain and establishing themselves in an ever-widening range of sectors.

Canadian businesses and Canadian workers are up to the challenge of competing internationally.

We must seek out more trade and investment opportunities for our businesses. Our government recognizes these challenges.

We are standing up for Canadian business to ensure that they can compete and succeed worldwide, and n particular, Canadian workers.

The government launched negotiations with Colombia and other Andean partners in June 2007. I am proud to say that we continue working hard to create new opportunities abroad to benefit Canadian workers at home.

The Canada-Colombia free trade agreement, along with the related agreements on the environment and labour are an important part of this broader trade agenda.

Canada currently has long-standing free trade agreements in force with the United States and Mexico under the North America Free Trade Agreement, and agreements with Israel, Chile and Costa Rica.

Under this government, we recently implemented new free trade agreements with the European Free Trade Association and Peru.

In 2009, we also signed a free trade agreement with Jordan, which I had the pleasure of tabling in the House today.

On August 11, 2009, the government successfully concluded free trade negotiations with Panama. At the announcement of the conclusion of the Panama negotiations, the Prime Minister himself emphasized that Canada's commitment was to stronger trade partnerships.

We are on the right track and are also looking ahead to other important partners in the world. At the Canada-European Union Summit last May, the government launched negotiations toward a comprehensive economic and trade agreement with the European Union. We also remain dedicated to advancing our ongoing free trade negotiations with other partners, including Central American countries, the Caribbean community and the Dominican Republic.

Those are all examples of how hard the government is working to pursue, develop and expand trade opportunities and relationships that work for Canadians. Our trade agenda is ambitious and Canadians deserve the opportunities our government is continuing to deliver.

We are currently working to launch negotiations with new partners, such as Morocco and the Ukraine, and exploring deeper trade ties with India and Japan.

The government is also working to send a clear message to the world: Canada is open for business. And we are getting the job done.

Our recent economic action plan is making significant investments in our national innovation strategy. We have also cut corporate taxes to make Canada more attractive to business. We have the lowest taxes on new business entrants who are creating jobs, lower taxes on new business than anywhere in the G7. In 2012 we will have the lowest business taxes across the board in the G7.

We have made Canada the first country in the G20 to have a tariff-free zone for a broad range of machinery and equipment for Canadian manufacturers. Eliminating tariffs on new equipment, parts and machinery will help make our manufacturers more innovative, more productive and more cost-competitive. We are helping Canadian companies at home and we will continue to ensure they can compete abroad.

By bringing down barriers to trade and investment, this government is helping Canada's businesses compete in an ever-more competitive world and stimulate the Canadian economy.

By passing this free trade agreement with Colombia we are listening to Canadian businesses and providing what they need to stay competitive.

A closer economic partnership with Colombia will reduce tariffs for Canadian exporters.

The Canada-Colombia free trade agreement will also expand opportunities for Canadian investors and service providers.

Colombia is already a significant trade partner for Canada.

In 2009, our two-way merchandise trade totalled $1.335 billion and Colombia is an established and growing market for Canadian exports. Over the past five years, Canadian merchandise exports have grown by over 55%.

Colombia is also a strategic destination for Canadian investment. The stock of Canadian investment in Colombia reached approximately $1.1 billion in 2008.

However, that is not all. The Colombian market is an exciting one. With 48 million people. Colombia's macroeconomic policy and improved security under its current leadership have generated favourable economic conditions. Colombia's government is committed to reversing years of underinvestment and public infrastructure. Investment in infrastructure has grown from 4% of the country's gross domestic product in 2005 to more than 8% in 2009.

A country like ours, with so much expertise in this area, can offer a lot. These are areas where Canadian companies can compete. In fact, the potential goes far beyond infrastructure and includes other key sectors like agriculture and industrial goods, and services like engineering, mining, energy and financial services. These are all areas where Canada and Canadians excel.

Moreover, those sectors are linchpins of our economy in communities large and small across this great nation, but this agreement is not just about creating opportunities for Canadian business. It is also about strengthening our partnership with Colombia.

This will help solidify ongoing efforts by the Government of Colombia to create a more prosperous, equitable and secure democracy. The Government of Colombia has taken positive steps toward this goal.

Colombia has demonstrated its continued efforts to curb violence, fight impugnity and promote peace and security. This government recognizes that challenges remain in Colombia and is committed to working with Colombia to address those issues.

This government believes that economic growth through free trade, rules-based trade and investment can contribute to alleviating poverty and create new wealth and opportunities for Colombians. We want the business of both nations to grow and expand together. Colombians are looking for and need these kinds of opportunities and they are seeking new partnerships abroad.

The Government of Colombia, like ours, is working hard to acquire new markets for its citizens. In fact, Colombia is moving forward on an ambitious economic agenda that includes free trade agreements with a range of partners. Canada's main competitor in the Colombian market, the United States, has already completed a free trade agreement with Colombia.

Our firms and Canadian workers expect that their government will work for them and put in place trade agreements that address the situation and allow them to compete in international markets on a level playing field. Canadians deserve this. Our government is ensuring that they get the opportunity to compete and succeed in Colombia and around the world.

We cannot put our exporters at a relative disadvantage. The time for Canada to act is now. The time for members opposite to stand up for Canadian workers is now.

Not only will we be competitive with European nations, but Canadian business will also have an important opportunity to gain advantage over our main competitors in the United States.

With this FTA, Canadians will be able to expand into this important market. This is exactly the kind of opportunity Canadian businesses across the country have been asking for.

I believe it is important for the members of the House to clearly understand the importance of the Colombian market for the business in their regions, for their constituents and, in fact, for all Canadians.

Starting on the east coast, the provinces of Nova Scotia, Prince Edward Island, New Brunswick and Newfoundland and Labrador exported about $52.8 million worth of products to Colombia directly benefiting core industries such as oil, paper, paper board and fertilizers. These industries will clearly benefit from freer trade with Colombia.

What about machinery and industrial goods?

It is no secret that Canadian manufacturers, especially in Canada's industrial heartland in Ontario and Quebec, are facing tough times these days.

Our economic recovery is fragile and they need all the opportunities they can get to grow stronger and more competitive.

This means opening doors in new markets like Colombia. With this agreement, Colombian tariffs on all machinery and industrial goods will be eliminated over time.

This is especially significant for Canadian manufacturers of mining equipment, centred in Ontario and Quebec, which all benefit from the immediate elimination of Colombia's 5-15%+ tariffs on products in this sector.

I must say this agreement is also very important for the province of Quebec. After all, 21.6% of Canada's exports to Colombia were from Quebec. That is over a fifth. Quebeckers employed in industries such as paper and paperboard, copper and machinery will clearly benefit from free trade with Colombia.

The Bloc members' opposition to this baffles me. They do not stand for Canadian business. They do not stand for Canadian workers. They do not even stand for Quebec workers. We will stand up for Quebec workers and give them the opportunities they need.

The Prairie provinces of Alberta, Saskatchewan and Manitoba will also benefit from the agreement. The immediate removal of Colombian tariffs from such cornerstone crops as wheat, barley and pulses will make these products from the Canadian Prairies even more competitive in the Colombian market. Prairie producers are a cornerstone of our economy. They will see clear benefits from free trade with Colombia.

I should also point out that Canada enjoys significant investment presence in the Colombian market thanks to oil and gas projects. We fully expect this presence to deepen as projects continue to develop.

Our free trade agreement with Colombia would help secure Canadian investments in the region by providing greater predictability and protection for investors. These investment provisions will directly benefit those Alberta firms that are investing in Colombia. British Columbia also stands to benefit, especially B.C.'s mechanical, machinery and paper industries. In fact, many British Columbia companies have told us that they are looking to expand trade with Colombia.

With those kinds of benefits across Canada, it is no wonder that Canadian businesses, investors and producers alike have been calling for closer commercial ties with Colombia for some time now. The time to act is now. Members opposite should listen to Canadians who have been loud and clear.

Colombia has an ambitious and aggressive free trade agenda that includes some key competitors for Canada, competitors like the U.S. and the EU. We need to take steps sooner rather than later to ensure that Canadian exporters, investors and producers in regions and provinces across the country are not put at a disadvantage relative to our competitors.

Our Canadian exporters, investors and producers welcome the opportunity to establish themselves in this market ahead of the competition. They can compete with the best in the world. Let us give them the opportunity to do so. We have negotiated a good deal for Canadians and Colombians alike.

This agreement would give Colombians greater access and opportunities in the North American market. Colombians would also benefit from a greater range of Canadian products. This agreement would also promote economic development in the region.

I cannot stress enough how important that is. Building and maintaining important trade partnerships is the only way to grow and create opportunities for people.

That is why we are here today. The government wants to create opportunities for our citizens and the citizens of Colombia. This agreement is the way to do exactly that.

We have heard the reasons why we should support this agreement before. We have debated it for over 30 hours and the standing committee has already studied it twice. It is now time to move ahead with the legislation. Unlike the NDP approach to trade, this government's priority is to aggressively pursue a free trade agenda. Now is the time to resist protectionism and open our markets. Our free trade agenda has proven to create jobs for all Canadians, in fact, trade is the key to our prosperity.

At a time of economic uncertainty, this should be the priority of all hon. members. For this reason, I ask for the support of all members for the Canada-Colombia free trade agreement and ask them to stand up for jobs for all Canadians. Now is not the time to play political games, move dilatory motions and tie up the House while we delay the economic opportunities for Canadian workers and businessmen. Let us get on with this legislation. We must move expeditiously forward for the benefit of all Canadians.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

March 24th, 2010 / 4:10 p.m.
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Liberal

Scott Brison Liberal Kings—Hants, NS

Mr. Speaker, to help ensure and measure progress in the area of human rights, the Liberal official opposition asked for and received agreement from the Colombian government to the following.

First, there must be a prior written agreement between the governments of Canada and Colombia, where each country provides annual reports to their respective parliaments on the impact of this FTA on human rights in both Canada and Colombia.

Second, Bill C-2 must be amended at committee by adding, “The Minister shall cause to be laid before each House of Parliament by March 31 of each year or, if that House is not then sitting, on any of the thirty days next thereafter that it is sitting, a report of operations for the previous calendar year, containing a general summary of all actions taken under the authority of this Act, and an analysis of the impact of these actions on human rights in Canada and Colombia.”

Will the minister now confirm his government's unequivocal agreement to this course of action?

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

March 24th, 2010 / 4:10 p.m.
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Conservative

Peter Van Loan Conservative York—Simcoe, ON

Mr. Speaker, our government has never been reluctant to talk about human rights and advance human rights, even as we advance the trade agenda. The agreement has beside it parallel agreements dealing with labour and securing individual human rights with regard to collective bargaining in an assortment of labour areas. It also has a parallel agreement on environment to protect the rights of Colombian citizens.

In the spirit of not being afraid to advance human rights interests, we would certainly be amenable to an amendment of the type suggested by the hon. member.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

March 24th, 2010 / 4:10 p.m.
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NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, let me get this straight. The same government that brought forward the brilliant and diabolical kill-a-trade-unionist, pay-a-fine provisions of the current Colombian agreement is now saying that the Colombian government can basically report to itself on its own human rights violations.

The problem all along has been the Colombian government's complete lack of ability to deal with these major human rights violations with its connected paramilitaries and its own military arm. To say that the government has the magic bullet, because it is now asking the government to report on itself, is absolutely shameful. Two years ago, at the time when there was a much more progressive Liberal leader, the trade committee said very clearly that there needed to be an independent and impartial human rights assessment of the effect of this agreement. That is what the NDP stands for.

Putting in place an independent human rights assessment would allow the government to perhaps defend this agreement, but it cannot. It cannot and it will not because it knows that every human rights organization in the western hemisphere opposes this agreement and knows that it will increase human rights violations in Colombia.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

March 24th, 2010 / 4:15 p.m.
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Conservative

Peter Van Loan Conservative York—Simcoe, ON

Mr. Speaker, our government is pleased to support the government of Colombia as it makes efforts to improve the human rights conditions in its country. Significant advances have been made under the Uribe government.

We are not alone in our effort to improve human rights conditions by engaging Colombia through freer trade, which creates jobs and opportunity and will improve the human living conditions for Colombians. In his recent state of the union address, President Obama indicated his support for going forward with a free trade agreement with Colombia. He views that as critical to improving human rights conditions. The European Union is also on the same page. These are hardly countries that have a disdain for human rights.

The records of President Obama and the countries of the European Union are clear, as is the record of Canada in advancing human rights as the cornerstone of our foreign policy around the world. We will continue to do that and we believe this agreement will help support and further advance human rights in Colombia and around the world.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

March 24th, 2010 / 4:15 p.m.
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Bloc

Jean-Yves Laforest Bloc Saint-Maurice—Champlain, QC

Mr. Speaker, there are good free trade agreements and there are bad ones. Time often tells which they turn out to be.

I get the feeling that, in this case, the government made a positive assessment strictly from a business perspective, and that is more than we can say, because we are far from convinced that this is a good deal.

Colombia is not one of Canada's major trading partners. The human rights aspect does not seem to have been assessed properly.

In the words of my colleague from the NDP, the trade committee said very clearly that there needs to be an independent study. Why does the government not accede to this request?

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

March 24th, 2010 / 4:15 p.m.
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Conservative

Peter Van Loan Conservative York—Simcoe, ON

Mr. Speaker, Canada's priority in entering into free trade agreements is to create jobs and increase opportunities for Canadian workers.

We are very interested in human rights. That is why we are supporting the amendment put forward by the official opposition today. That is also why we have a parallel agreement on labour rights and one on the environment.

We are confident that a free trade agreement with Colombia will advance the interests and human rights of all the Colombian people. Consequently, all parties represented in this House should support this free trade agreement.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

March 24th, 2010 / 4:15 p.m.
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South Shore—St. Margaret's Nova Scotia

Conservative

Gerald Keddy ConservativeParliamentary Secretary to the Minister of International Trade

Mr. Speaker, with the renewed interest of the Liberals on behalf of this trade agreement and in the spirit of co-operation, it looks as if we will get some assistance from them. Certainly it is disappointing to hear the NDP continuing to use the same old rhetoric, as if there is no trade going on with Colombia at this very time.

The part of this debate that I find most amazing is the fact that we are doing $1.3 billion worth of trade with Colombia today, and I will give an example.

A company in my riding of South Shore—St. Margaret's does a lot of business in South America and Central America. It has a contract for a gas dehydrator in Colombia. It is looking at building that dehydrator in Mexico because Mexico can trade with Colombia without paying the tariffs.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

March 24th, 2010 / 4:15 p.m.
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Conservative

Peter Van Loan Conservative York—Simcoe, ON

Mr. Speaker, the point the hon. member for South Shore makes is a very valid one.

When this agreement is in place, there will be a reduction of tariffs on Canadian machinery and equipment going into Colombia in the range of 5% to 15%, depending upon the equipment. Fifteen per cent is a significant number that could make the difference between a contract being viable or being able to get into a marketplace.

That is why it is important. If we want to create jobs and opportunity for individuals like those workers in the hon. member's riding in Atlantic Canada, we need to support this free trade agreement.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

March 24th, 2010 / 4:20 p.m.
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Liberal

Bob Rae Liberal Toronto Centre, ON

Mr. Speaker, I hope the minister will understand the directness of my question and need for a direct answer.

Could the minister confirm that he will in fact accept the amendment as has been outlined and proposed by my colleague from Kings—Hants, yes or no?

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

March 24th, 2010 / 4:20 p.m.
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Conservative

Peter Van Loan Conservative York—Simcoe, ON

Mr. Speaker, the answer to that is yes, and I indicated that earlier. I certainly welcome the hon. member for Toronto Centre's enthusiastic support for free trade because I know he has not always been on that page, but it is great to have him here.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

March 24th, 2010 / 4:20 p.m.
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NDP

Peter Stoffer NDP Sackville—Eastern Shore, NS

Mr. Speaker, it is quite amazing when I sit here and listen to the minister say that human rights issues will be in parallel agreements and other things of this nature.

If he and his government are so convinced to tell Canadians that they are really serious about human rights abuses in Colombia, why then are human rights issues not in the main text of the agreement? Why must human rights, the environment and other issues always be on the side? Why can they not be in the main body of the agreement?

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

March 24th, 2010 / 4:20 p.m.
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Conservative

Peter Van Loan Conservative York—Simcoe, ON

Mr. Speaker, the reason is very simple. Because it is a trade agreement. If we want to have an agreement relating to human rights, that has to be a parallel agreement dealing with human rights.

We have a labour agreement already in place that protects the internationally recognized rights of workers and ensures that those will be respected. We also believe it is a positive thing to engage with Colombians.

The approach of the NDP is one of opposing each and every free trade agreement it encounters. What is interesting to me and this government is how each trade agreement requires some new and creative arguments for the reason for opposition. I can assure the House that if we satisfied every one of the criticisms raised by the NDP, it still would not support this free trade agreement or any free trade agreement.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

March 24th, 2010 / 4:20 p.m.
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Liberal

Scott Brison Liberal Kings—Hants, NS

Mr. Speaker, when we last debated this legislation in the fall of 2009, I asked the House to consider the human dimension of this free trade agreement.

I said that this debate should not be about ideology, it should be about people, the people of Colombia whose lives have been ripped apart and turned upside down by civil war and narco-politics, the good, decent and proud people of Colombia who deserve a better future and the kind of economic opportunities provided by legitimate trade.

Throughout the debate on this FTA, the Liberal Party has put people not ideology first. Unlike some of the other parties in the House, we have not been blinded by an ideology that believes that all free trade agreements are good or, on the other hand, that all free trade agreements are bad. Instead we have carefully studied the conditions surrounding Colombia's political environment, economy and society.

We have examined and considered carefully how this free trade agreement could impact the people of Colombia and the people of Canada. We have looked for ways to strengthen this agreement in order to better protect the people of Colombia and to strengthen our engagement on human rights issues with the people of Colombia.

There is no question that Colombia is a violent country, where human rights abuses have been fueled by the illegal narco-economy. At the same time, the Colombia government has made significant progress toward reducing violence and human rights abuses. This progress must be supported.

As President Barack Obama said after his meeting with the president of Colombia:

I commended President Uribe on the progress that has been made in human rights in Colombia and dealing with the killings of labor leaders there, and obviously we've seen a downward trajectory in the deaths of labor unions and we've seen improvements when it comes to prosecution of those who are carrying out these blatant human rights offenses. President Uribe acknowledges that there remains more work to be done, and we look forward to cooperating with him to continue to improve both the rights of organized labor in Colombia and to protect both labor and civil rights leaders there.

Earlier this month, Navi Pillay, High Commissioner for Human Rights, tabled her annual report on the situation of human rights in Colombia. In this report she also recognized that:

—the significant progress made in terms of a drastic reduction in the number of complaints of extrajudicial executions and the continuous prosecution of members of Congress and public officials for alleged links with paramilitary organizations.

She also recognized:

—the Government’s openness to international scrutiny...[and] the spirit of cooperation that exists between the Government and OHCHR-Colombia and the commitment of the Government to address human rights challenges.

On the issue of extrajudicial executions, she writes:

Since November 2008, complaints of extrajudicial executions attributed to security forces...have drastically decreased, primarily as a result of the implementation and monitoring of the measures adopted in October and November 2008 by the President and the Ministry of Defense.

Therefore, the government is taking action. There is more work to be done, but the fact is the government is doing everything it can. It needs support and it needs legitimate trade opportunities to wean people from the narco-economy, which fuels much of this violence.

The report explains that:

In 2009, the Human Rights and International Humanitarian Law National Unit of the Attorney General’s Office recorded 7 cases compared to 144 in 2008 and 464 in 2007.

The UN High Commissioner for Human Rights continues by placing the violence in context:

The report demonstrates how the internal armed conflict continues to pose many challenges for the country, including the complete disregard for international humanitarian law by guerrilla groups [FARC]. This situation is exacerbated by violence against civilians committed by illegal armed groups that emerged after the demobilization of paramilitary organizations, links between illegal armed groups and drug trafficking, and the particularly acute impact of the internal armed conflict on indigenous peoples and Afro-Colombian communities.

The armed conflict is drug fuelled by drug money. It began initially as an ideological battle with FARC on the left. It has now become largely a drug war between demobilized paramilitaries who are now drug thugs and the FARC. Again, it is a business of the narco-economy and drug money fuelled conflict. The best way, once again, to wean the people from this violence is to provide legitimate economic opportunities.

On a previous visit to Colombia, the UN High Commissioner for Human Rights said:

I was impressed by the increased expenditure on government programmes to protect and support vulnerable groups. Such efforts, in a country facing such a complex and multifaceted armed conflict, must be acknowledged and encouraged.

Still, we all recognize that there is much work to be done.

Standing in the way of further progress is poverty, resulting from persistently high unemployment rates in Colombia. That is one area where free trade could help. To increase trade, Canada can help build Colombia's legitimate economy, creating real jobs for Colombians, including the most vulnerable. We can provide opportunities that help wean Colombians off their illegal and violent narco-economy. At the same time, this free trade agreement can help strengthen the protection of Colombian workers.

In fact in committee, Canadian senior official Pierre Bouchard of HRSDC has called the labour cooperation agreement in this FTA “the most comprehensive labour agreement in the world today”. No two countries have signed an FTA with a labour agreement as strong as the one in this trade agreement and our amendment today, as we move forward, will even further strengthen human rights and labour rights in Colombia.

The Liberal Party did want to do better and go further, wanted to do more to ensure engagement on labour rights and human rights in Colombia. That is why we sat down with the Colombian government. We listened to the concerns of Canadians and worked to strengthen this agreement by improving public oversight in the area of human rights.

While Liberals recognize that free trade can create jobs and strengthen the economies of both Canada and Colombia, we also share the concerns of those who believe this FTA must strengthen the protection of human rights in Colombia. The result is a first for any free trade agreement in the world.

Both Canada and Colombia will, under this agreement, now be required to measure and analyze the impact of this FTA on human rights both in Canada and Colombia. Each government must then table an annual report analyzing the impact of this FTA on human rights. This requirement puts the focus on achieving sustained progress in the area of protecting the rights and security of the Colombian people.

If the reports are tabled in Parliament, the human rights impact assessment will be available to the public, will be debated at the trade committee. We can hear from witnesses, both from Colombia and Canada, on an annual basis. It will deepen the transparency and accountability of this trade agreement, and I believe it will be a gold standard for trade agreements signed between countries around the world.

Dr. Jorge Rojas Rodriguez is a civil society leader in Colombia and president of the Consultancy for Human Rights and Displacement. He says about this amendment:

...this proposal sends a strong political message to Colombia about Canada's interest in seeing the human rights situation improve in the coming years.

He believes that this human rights reporting mechanism has the potential to become an important tool for improving human rights in Colombia and also for involving the private sector in achieving that goal. Dr. Rojas supports our outreach to Colombian civil society in the preparation of this innovative proposal and believes the amendment has the potential to set an important precedent for other FTAs.

Dr. Leon Valencia is a prominent civil society leader in Colombia and the executive director of Arco Iris. He says:

I think it is interesting and useful that the Free Trade Agreement between Colombia and Canada includes an amendment which requires both governments to present an annual report to the respective Parliaments on the repercussions of the agreement on human rights in each country.

This will provide an important yearly forum to discuss the situation in Colombia, and will give Canadian citizens the opportunity to monitor human rights violations in our country.

Dr. Valencia goes on to say about this amendment:

Canada's proposal is innovative and converts the Treaty into something which is dynamic and provides new platforms for analysis and discussion. Perhaps this could be included in other free trade agreements.

Dr. Gerardo Sánchez Zapata, president of Colombia's apparel and textile industry trade union, representing eight other private sector unions, has said:

This procedure is welcomed by Colombian workers and we are thankful to the Honorable Parliament of Canada for its position, because it helps strengthen a mechanism already in place that monitors and evaluates the progress in matters of human rights and freedom of association in our country, through annual reports to the International Labour Organization (ILO) and the United Nations.

It also helps our efforts, as trade unions, in interceding with the national government to adapt our legislation to the international standards and regulations...

This amendment, this approach, this deeper human rights engagement and accountability and transparency is being endorsed by private sector unions in Colombia, by some leaders of civil society in Colombia and by human rights organizations. With this amendment in place, Canadian parliamentarians will be able to call forward civil society groups on an ongoing annual basis and require testimony from our public officials and expert witnesses in order to hold governments and companies to account for actions taken under this FTA.

If it becomes clear that the FTA is not strengthening human rights, the fact is that either country can cancel the agreement with six months' notice. But we have to believe that this agreement will be upheld and that further progress will be achieved because economic engagement, through the right trade agreements, can fortify human rights engagement. Colombia has a strong, independent judiciary that can be counted on to uphold the rule of law, and we have seen that recently. In the words of the UN High Commissioner on Human Rights:

The Supreme Court and the Attorney General's Office are incredibly brave in investigating and bringing to trial public officials linked to mafias and drug trafficking in the so-called 'Para-politics'.

We should all support their efforts in such difficult circumstances and continue to uphold the independence of the judiciary—something Colombia is rightly proud of.

On the issue of President Uribe's seeking a third term, the leader of the official opposition, the hon. member for Toronto Centre, our foreign affairs critic for the Liberal Party, and I, as trade critic for the Liberal Party, had serious concerns that we raised directly with President Uribe. On February 26, 2010, Colombia's constitutional court ruled 7:2 against a referendum permitting presidents to run for three consecutive terms. Despite the overwhelming support of the Colombian congress for this popular referendum, the court ruled that the measure posed substantial violations to democratic principles and was thus unconstitutional.

President Uribe announced immediately that he would respect the ruling of the court. That decision by that court demonstrates the independence of the judiciary in Colombia. This free trade agreement will put in place a more robust legal framework that will better protect the environment, strengthen labour laws and encourage stronger corporate social responsibility for Canadian investors.

As Carol Nelder-Corvari, of Finance Canada, emphasized in her testimony before the trade committee, trade between Canada and Colombia is already taking place but without a rules-based system to encourage stronger labour and human rights. So we already have a trading relationship. This trade agreement brings with it stronger rules on labour and the environment, which can only help fortify labour rights and environmental protection in Colombia.

As Carol Nelder-Corvari said at committee: “I want to be clear that Canadian investors are investing in Colombia, have been investing in Colombia and are increasing their investment in Colombia”.

She said that this is the strongest labour agreement related to any FTA in existence, that corporate social responsibility aspects of this agreement are the first time Canada has placed such commitments and that they are in the investment chapter and in the environment chapter. It is an area of cooperation that has ongoing dialogue with Colombia and our investors in Colombia. This agreement gives us avenues of engagement we have never had before.

Canadian businesses are taking note. With the signing of this agreement, Canadian entrepreneurs are prepared to make long-term investments that will benefit the Colombian people. Canadian agricultural interests are supportive of this agreement. Canadian business organizations, including some members of the small business community, see the opportunities with this agreement.

In terms of infrastructure, and I heard the minister refer earlier refer to the importance and the dramatic need for the Colombian people to invest in and strengthen their infrastructure, Toronto's Brookfield Asset Management recently established a $400 million Colombian infrastructure fund to invest in and help the Colombian people develop their infrastructure.

We must support these investments and work to increase the opportunities for and protection of Colombian workers.

I want to mention the geopolitical stability of the Andean region, which is under threat from the Chavez regime in Venezuela. It is important that we engage and not isolate Colombia at this time, as isolation would leave the Colombian people vulnerable to the effects of border closures and trade blockades and the ideologically motivated attacks of the Hugo Chavez regime in Venezuela.

It is important that we engage Colombia and the Colombian people as a partner in progress to help the Colombian people achieve a more peaceful and prosperous future. I believe this agreement, particularly with this amendment, will strengthen human rights engagement on an ongoing basis and ensure that this Parliament on an annual basis will receive a report on the human rights impact of this agreement, will help continue the debate, continue the engagement and strengthen human rights and labour rights in Colombia.

We have a responsibility in this Parliament to do the right thing, not to be purely focused on ideological issues and to be ideologically rigid but to do the right thing for both the people of Canada and the Colombian people.

Accordingly, I move:

That this question be now put.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

March 24th, 2010 / 4:40 p.m.
See context

Conservative

The Acting Speaker Conservative Barry Devolin

The motion is in order.

It is my duty pursuant to Standing Order 38 to inform the House that the question to be raised tonight at the time of adjournment is as follows: the hon. member for Halifax, Oil and Gas Industry.