Canada-Jordan Free Trade Act

An Act to implement the Free Trade Agreement between Canada and the Hashemite Kingdom of Jordan, the Agreement on the Environment between Canada and the Hashemite Kingdom of Jordan and the Agreement on Labour Cooperation between Canada and the Hashemite Kingdom of Jordan

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

Sponsor

Peter Van Loan  Conservative

Status

Report stage (House), as of Nov. 2, 2010
(This bill did not become 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 Hashemite Kingdom of Jordan and signed at Amman on June 28, 2009.
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.

Canada-Jordan Free Trade ActGovernment Orders

March 29th, 2010 / 1:25 p.m.
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Bloc

Claude Guimond Bloc Rimouski-Neigette—Témiscouata—Les Basques, QC

Mr. Speaker, the shortest possible answer is yes. As it does every day, the Bloc Québécois will work hard on examining this agreement, as is has done for all the other agreements. Rest assured that we are interested in hearing everything that happens in committee and in studying any amendments that are made.

Canada-Jordan Free Trade ActGovernment Orders

March 29th, 2010 / 1:25 p.m.
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NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, I am pleased to speak to Bill C-8, which is the implementing law for the trade agreement between Canada and the Hashemite Kingdom of Jordan.

I will start by referencing the delay the government has put on. We have heard a lot of rhetoric around this deal as we have heard from previous deals the government has put forward. However, it is important to do a reality check. The government had a green light from all four corners of the House from the very beginning to bring it to committee. There are some major concerns that I will raise and reference a little later on.

I think it is fair to say that the controversy around Bill C-2 and the Colombia agreement is very clear and palpable on the floor of the House. With the Jordan agreement, all four corners of the House wanted to bring it forward, have it debated and sent to committee where we could have heard from the many witnesses who have an interest in this. The committee could then have made the necessary amendments.

However, for eight months the government has refused to bring it forward. For eight months it has hidden behind the Colombia deal and stalled on this bill. Far from agreeing with the rhetoric that this is another important step forward in trade policy for the government, we need to ask why the government stalled for eight months on this when it was given the green light to at least bring it to committee within a few days. All four corners of the House asked for it to be brought forward and the government said no, that it would not do that.

This speaks to a larger problem, which is the complete incoherence of the government's trade policy and industrial policy in general. For four years we have seen the kind of legislation the government brings forward. It is fair to say that the NDP has been front and centre in standing up to what the government has brought forward, but the delay around the Jordan bill just shows the dilettantism of the government when it comes to trade policy.

This is no small issue. When we look at the last 20 years, since the implementation of the Canada-U.S. Free Trade Agreement, the real income of most Canadian families has gone down not up. The real incomes of the two-thirds of Canadian families who comprise the middle-class and poor Canadians have gone down right across the country.

The only ones who have actually profited and seen an increase in their real income over the past 20 years, since the first implementation of these agreements, have been the wealthiest of Canadians. The wealthy 10% have seen their incomes skyrocket. One-fifth of Canadians, the wealthiest 20%, now take most of the real income in this country.

To say that the free trade agreements that have been brought in by the Liberals and Conservatives have led to instant prosperity is simply false. Statistics Canada puts the lie to those pretensions that this is somehow a coherent and smart industrial and economic strategy. There has been no economic strategy, no real focused trade strategy and the result has been that most Canadians are poor.

We need to ask about the actual record of the government since it came to power. We saw the softwood lumber sellout, which killed jobs right across this country, including 2,000 in the two communities in my riding of Burnaby—New Westminster. We have seen the shipbuilding sellout, which was opposed by the NDP because we heard from hundreds of shipyard workers from across the country, including Quebec, Atlantic Canada and British Columbia, who said that this wold have a huge negative impact on their industry.

The government did no impact studies. It was just flying by the seat of its pants. It was out-maneuvered by Liechtenstein. I hesitate to say it, but it is true that Liechtenstein, a tiny country in Europe, actually out-maneuvered the Conservative government.

We saw the softwood sellout, the shipbuilding sellout and the Colombia trade deal, which we can discuss another day because I know we should stick to Jordan, but the government's record is extremely poor.

What are our competitors doing? Our competitors are investing in export promotion support. The United States, Australia and the European Union are spending hundreds of millions of dollars every year in providing support for their export industries and export promotion supports. What are we doing? If the government actually wants to go beyond its dilettante approach on trade issues, what is it doing?

I was in Argentina last week with a number of hon. members, including my colleague from Honoré-Mercier, and we found out, astoundingly, that the Conservative government's total budget in export product promotion support for the emerging market of Argentina, a country of 40 million people and the wealthiest market in South America, is $400 a week. That is less than the average dépanneur in Quebec and the average corner store in Burnaby—New Westminster will spend for a marketing radius that is a few blocks on either side.

That is repeated across the board. In the United States we spend paltry cents on the dollar compared to other countries, like Australia. Its total budget for export promotion support is half a billion dollars. Our total budget is a few million dollars. This is what is wrong with the government's approach. It simply does not provide the kinds of supports that other major industrialized countries, our competitors, do.

What the NDP has been saying ever since the Conservative government came to power is that it needs to change that approach. The government simply cannot go to these trade agreement ribbon cuttings and expect that the job is done or will be done. Most Canadians are the poorer for it. Canada is making less and less as a result. We had our first export deficit in 20 years a few months ago. Obviously, there is something wrong with this approach.

Even if these trade agreements were fair trade based as opposed to the old NAFTA template model, do the trade agreements themselves make a difference? Obviously not, because with a number of these bilateral agreements our exports have actually gone down in those markets after being signed. In every case, imports from the countries that we have signed with have gone up. In other words, those countries have managed to profit from the agreements signed with Canada but in Canada's case, exports have actually gone down. How can we sign an agreement and not have the follow-up or strategy to bolster our exports? That is, indeed, what has happened.

The problem with the government's overall approach is that it not only has no industrial strategy but it also does not have an export-oriented focus and it is not willing to invest Canadian government funds in the way that other countries do to bolster their industries.

As there has been some rhetoric flying around the House this morning on this agreement, I should note that this whole idea that Canada should not be trying to protect and sustain certain key industries is something that every other industrialized economy has adopted and put forward as part of their industrial strategy. The Conservative government is seemingly selling out every industry in our country, but France, the United States and every other country are focused on investing in their key industries.

The NDP gets criticized by the Liberals and Conservatives for bringing forward buy Canada strategies but that is where the rest of the world is. It is ensuring it has a strong foundation.

Far from making things together, which is sort of the spin, the buzzwords that we hear from the Conservatives, Canadians are making less and less, exporting more and more raw materials, whether it is raw logs or raw bitumen, across the line, and those jobs end up elsewhere. That is the fundamental problem with how the government approaches economic issues generally and trade policy in particular.

Now we can talk about the more specific aspects of the Jordan agreement. As I mentioned earlier, this agreement needs to have a thorough vetting at the committee stage and amendments need to be brought forward for reasons that I will mention in a few moments. What we are endeavouring to do is to get this to committee so we can hear from labour activists, human rights advocates and from those who are concerned about women's equality because those are all issues that have been cited in some of the many reports that have come up about problems with Jordan.

It is fair to say that Jordan has made progress in a number of different areas. Jordan is certainly not Colombia with the horrific death toll, disappearances and killings of labour activists that are a tragic daily reality in Colombia with paramilitaries tied to the government and the Colombian military. In a very real sense, Jordan has tried to make progress and I will mention some of that progress later on.

However, the agreement itself is a NAFTA template style agreement, with investor state provisions that we have raised concerns about before, and labour and environment cooperation agreements that are toothless, which is the overall problem and the reason we will need to bring strong amendments to this bill at the committee stage.

There is no doubt that Canadian values are betrayed when we have toothless components around labour rights and environmental stewardship. Most Canadians want to see very robust protections there. We also undermine our own Canadian values when we subject the kind of democratic decision-making with an override, which is the investor state provisions of NAFTA. We have raised this issue before in the House. This is simply, in our minds, not the appropriate route to go.

Given the framework of the agreement, which is inadequate and is a template from which other countries have moved away and are looking at more fair trade approaches to their trading relationships, what is happening in Jordan? What are the issues?

I would like to cite three reports. The first report is from the Bureau of Democracy, Human Rights and Labor which was released a couple of weeks ago on March 11. It is the 2009 country reports on human rights practices in which it cites Jordan and states:

Restrictive legislation and regulations limited freedom of speech and press, and government interference in the media and threats of fines and detention led to self-censorship, according to journalists and human rights organizations. The government also continued to restrict freedoms of assembly and association. Religious activists and opposition political party members reported a decline in government harassment; however, legal and societal discrimination remained a problem for women, religious minorities, converts from Islam, and some persons of Palestinian origin. Local human rights organizations reported widespread violence against women and children. The government restricted labor rights, and local and international human rights organizations reported high levels of abuse of foreign domestic workers.

The report goes on to cite some of the specific areas of concern around respect for human rights. I think it is important to mention those reports and to flag some of the comparisons with other countries.

Arbitrary or Unlawful Deprivation of Life

There were reports during the year that the government or its agents committed unlawful killings.

On November 8, Saddam Al Saoud died of injuries allegedly sustained in police custody at the Al Hussein Police Station. On October 17, police arrested Al Saoud during a fight between street vendors in Amman. On October 18, authorities transferred an unconscious Al Saoud to a private hospital. Al Saoud's family said police caused Al Saoud's injuries when they hit him on the head with a gun. The Public Security Department (PSD) investigated the case, arrested six police officers, and charged them with two felonies: death caused by hitting and abuse of PSD regulations. At year's end cases against the officers were ongoing.

They also cite one other case, that of Fakhri Kreishan, who died of injuries sustained during an altercation with police in the southern city of Ma'an. Again police prosecutors investigated the case, arrested the police officer and charged him with two felonies. The case before the police court was ongoing.

In terms of unlawful deprivation of life, we have two incidences. It is fair to say that, in both cases, the police officers have been charged. That is important and it contrasts with other countries, most particularly Colombia, where the ongoing slaughter, and there is no other way of putting it, of human rights activists and labour activists was treated with impunity, where 95% of the cases did not lead to any sort of prosecution at all. In Jordan's case, the two cases have been followed up with charges.

Disappearances is category B. There were no reports of politically motivated disappearances, and that is welcome. Again it contrasts with other countries. I will take Colombia as an example, where there have been widespread disappearances, hundreds of people who have simply disappeared in politically motivated kidnappings or killings done by paramilitaries tied to the Colombian government and the Colombian military. In Jordan's case, there were no reports of politically motivated disappearances in 2009.

Category C is torture and other cruel, inhuman or degrading treatment or punishment. The report continues:

The law prohibits such practices; however international NGOs continued to allege that torture and mistreatment in police and security detention centers remained widespread. Nevertheless, some domestic NGOs claimed that recent reform efforts had reduced cases of torture and mistreatment in police and security detention centers.

The fact that NGOs are reporting that is welcome, and of course we contrast that with other countries. I will take Colombia, for example, where the Colombian Commission of Jurists has pointed out widespread cases of sexual abuse perpetrated by the Colombian military and by paramilitaries tied to the Colombian government.

For the Bureau of Democracy, Human Rights, and Labor, there are obviously some concerns; however there are some indications of improvement.

I would like to move on to Human Rights Watch. Its “World Report 2010: Harsher Climate for Human Rights” cites concerns around migrant domestic workers and the abuse of women in Jordan. It states:

In 2010, Jordan should:

Strike clauses from the law that allow for punishment-reducing mitigating circumstances for “honor” killers.

Ease restrictions in the law governing the operation of nongovernmental organizations to bring it into compliance with international standards on freedom of association.

Revise regulations governing migrant domestic workers to comply with international labor and human rights standards, and set up a mechanism to investigate allegations of abuses against workers.

—again, a concern about domestic workers—

Strengthen accountability for torture by moving jurisdiction over acts of torture by police agents from the Police Court to civilian courts.

Stop withdrawing the nationality of Jordanian citizens of Palestinian origin.

These are concerns raised by Human Rights Watch.

The final report I would like to cite is done by Lubna Dawany Nimry, who is an attorney at law in Jordan, raising concerns about the treatment of women. She states that the number of so-called crimes of honour, and there is no other way of describing it except as abuse of women, averages about 25 a year.

She does reference the fact that civil rights activists were speaking out loudly and fighting this phenomenon and mentions that some members of the royal family have participated in demonstrations against article 98 and article 340 of the penal code. She sites that in some areas of Jordan, a woman's life is at risk if she talks to a man who is not a relative. She says very clearly that there is a need for substantial revisions to the code in Jordan to assure women's equality.

For those reasons, we raise concerns about this agreement.

Canada-Jordan Free Trade ActGovernment Orders

March 29th, 2010 / 1:45 p.m.
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Kootenay—Columbia B.C.

Conservative

Jim Abbott ConservativeParliamentary Secretary to the Minister of International Cooperation

Mr. Speaker, I apologize to my friend that I did not hear the first part of his speech, so I am not really sure if he declared whether the NDP is going to be voting for or against this bill.

I make note, however, that he has had to do a lot of research, and I commend him for that, in order to find something negative in this bill to talk about. If I understood the latter part of his speech, he was basically going through a shopping list that he or his researchers managed to uncover so that he could say something negative about this bill.

No matter whether it is a Conservative government or a Liberal government that attempts to open up opportunities in the world for increased trade or open up opportunities for new markets for Canadian businesses, it is really regrettable that the NDP will find any old way to find excuses to say we cannot do that, to say we have to have a closed shop kind of idea.

I regret that I did not hear the beginning of my colleague's speech. Did he state at the beginning if the NDP is going to vote in favour of this bill or not?

Canada-Jordan Free Trade ActGovernment Orders

March 29th, 2010 / 1:50 p.m.
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NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, I would like to say a couple of words about the member for Kootenay—Columbia. I have not had a chance to pay tribute to him in the House, and I understand he is not going to run again whenever the next election is held, whether it is this year, next year—

Canada-Jordan Free Trade ActGovernment Orders

March 29th, 2010 / 1:50 p.m.
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An hon. member

Or the year after.

Canada-Jordan Free Trade ActGovernment Orders

March 29th, 2010 / 1:50 p.m.
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NDP

Peter Julian NDP Burnaby—New Westminster, BC

Or the year after, Mr. Speaker. He may be here longer than he wants to be. I certainly appreciate his contribution to the House, as all members do. I appreciate his raising this question today.

The reality is that the first part of my speech was where I criticized the government about the lack of follow-through—

Canada-Jordan Free Trade ActGovernment Orders

March 29th, 2010 / 1:50 p.m.
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Conservative

Jim Abbott Conservative Kootenay—Columbia, BC

I'm sorry I missed it.

Canada-Jordan Free Trade ActGovernment Orders

March 29th, 2010 / 1:50 p.m.
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NDP

Peter Julian NDP Burnaby—New Westminster, BC

Yes, I am sorry the member missed it as well, Mr. Speaker.

The government simply does not walk the talk on trade issues. It does not provide the kind of export promotion support that all our major competitors do. It does not provide the internal protection for key strategic industries that all industrial economies do.

I criticized the government. I did say we were in favour of getting this bill to committee because we want to have a fulsome airing of this agreement. We want to hear from human rights activities, from women's rights activists and from labour activists as well. We want to get the bill to committee, but we want to see some major changes to this agreement as well.

Canada-Jordan Free Trade ActGovernment Orders

March 29th, 2010 / 1:50 p.m.
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Liberal

Paul Szabo Liberal Mississauga South, ON

Mr. Speaker, the member has raised in the House a number of issues on the Colombia deal, and I sense that he has some similar concerns with regard to the Jordan situation vis-à-vis human rights.

Last week the government seemed amenable to an amendment to Bill C-2, which in the record says:

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.

I had to read the amendment again and I am still reading it, and I do not yet clearly understand what it means. If it does mean something and it would be helpful in terms of getting us over this hurdle of human rights concerns, I am wondering whether a similar provision in the Jordan trade deal might be applicable or appropriate in the circumstances. I am not sure. I do not think so, but maybe the member has some comments.

Canada-Jordan Free Trade ActGovernment Orders

March 29th, 2010 / 1:50 p.m.
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NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, I want to state at the outset that Jordan is not Colombia. Colombia has one of the most appalling human rights records on the planet, the worst record on the entire planet for the massacring of labour activists, the worst record on the entire planet for the forced and violent theft of land of rural Colombians. Colombia is a horrible case study of what happens when there is no concern for human rights.

In Jordan there have been some improvements. For that reason, we want to see a fulsome vetting of the agreement at the committee stage.

However the member is absolutely right. He has a long experience in the House, and he knows that trade agreements, trade bills, are amendable by the House of Commons. We have been saying this for some time. It would have meant that we could have addressed some of the most egregious aspects of the softwood sellout or the shipbuilding sellout, but the reality is that the House has the right to amend these agreements. Now I think for every trade agreement that comes forward, the trade committee and the House will have to be seized by those amendments and by those changes. That is very important.

However, any assessment has to be independent. It cannot be the Colombian government evaluating itself. It cannot be the Jordanian government evaluating itself. It has to be an independent and impartial human rights assessment by one of the many organizations that actually specialize in ensuring that evaluation.

Canada-Jordan Free Trade ActGovernment Orders

March 29th, 2010 / 1:55 p.m.
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Bloc

Serge Cardin Bloc Sherbrooke, QC

Mr. Speaker, apparently there is controversial legislation in Jordan having to do with freedom of association. The government has the power to dissolve any association. As far as we know, this is primarily aimed at radical Islamic groups, but it could also affect the right to unionize.

How could this legislation be combined with the labour standards set out in the agreement?

Canada-Jordan Free Trade ActGovernment Orders

March 29th, 2010 / 1:55 p.m.
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NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, I appreciate the question from the hon. member for Sherbrooke with whom I do enjoy working.

That is precisely the problem. The committee will have to address a host of difficulties. In addition to the ones mentioned by the hon. member, there are questions about women's rights. Divorced women who remarry lose custody of their children. If a child is born outside marriage, the same thing happens. Children are removed from women's care.

Even though Jordanian men can give Jordanian nationality to their wives and their children, Jordanian women do not have the same right. In Jordan, there is gender inequality and we have to address that and all the other concerns with this agreement raised by the Bloc and the NDP.

Canada-Jordan Free Trade ActGovernment Orders

March 29th, 2010 / 1:55 p.m.
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NDP

Jim Maloway NDP Elmwood—Transcona, MB

Mr. Speaker, I want to congratulate the member for a terrific speech as usual.

In response to a question that he just provided to the Conservative member, I sense that he was just on the verge of letting that member know that he was, in fact, quoting in terms of human rights abuses from the U.S. Department of State 2008 human rights report when he was outlining that, while things are nowhere near as bad in Jordan as they are in Colombia, he does have concerns about human rights abuses in Jordan as well.

I would like to ask the member, then, whether he could give us a better idea as to why he feels the Jordan agreement is substantially different than what the Canada-Colombia deal is all about.

Canada-Jordan Free Trade ActGovernment Orders

March 29th, 2010 / 1:55 p.m.
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NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, Jordan is not Colombia. Thank goodness. Colombia's appalling connection with the regime, with the paramilitary, the widespread killings by the Colombia military, the theft of land, which is all tied in this murky soup around the Colombia trade deal, is not present in the Jordanian agreement.

There is no doubt that the Jordanian agreement is weak on human rights. That may be something we could bolster with suggestions from human rights advocates, labour activists and women's rights activists. We may be able to make some changes. We will have to see.

However, the two situations are completely different.

Colombia has the worst human rights record on the planet when it comes to forced theft of land and killings of labour activists. Jordan has made some clear improvements. As I pointed in my speech, we are talking about two killings, both prosecuted in Jordan by authorities. In Colombia we are talking about hundreds of killings and virtual impunity. That alone should make the Conservatives take a step back and ask themselves what they are doing, trying to ram through this bad deal with Colombia when there are so many circumstances and so many Canadian values being repudiated by this pressure.

That is why I think the trade committee will be happy to take the Jordan agreement and pull it apart to see what the impacts are and try to put it back together. It is a far less egregious situation than the appalling situation in Colombia.