Bill C-23 (Historical)

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 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.

Canada-Colombia Free Trade Agreement Implementation Act

[Carol Hughes, NDP, Algoma—Manitoulin—Kapuskasing, ON]

Madam Speaker, I am a little flabbergasted with regard to why the Liberals and the Conservatives would want to support such an agreement given the fact that there have been 2,690 trade unionists murdered in Colombia since 1986, 27 of them this year alone.

Do you think we should actually turn a blind eye to workers being murdered?

[The Acting Speaker, NDP, Denise Savoie]

I would remind the hon. member to address her comments to the Chair.

The hon. member for Niagara West—Glanbrook.

[Dean Allison, Conservative, Niagara West—Glanbrook, ON]

Madam Speaker, I know the member for Burnaby—New Westminster is always complaining about how we do not use facts, figures and studies but here is a study called “Colombia FTA: Prosperity & Democracy”. It states that the AFL-CIO repeatedly cites figures of 2,245 labour union members killed in Colombia since 1991 as a central argument for not approving the trade agreement. However, that figure is heavily front-loaded. More than four out of five of those killings took place prior to President Uribe's administration.

Once again I would ask for consistency across the aisle. Those members should not mislead the House in terms of where these situations are coming from and to recognize that there has been a challenge of conflict in this region and to realize that President Uribe is doing his best to reduce the violence. Yes, there is still violence, and we understand that, but, quite clearly, it is labour that wants to brand President Uribe's government with these deaths when these deaths happened before he was actually in government.

[Dave Van Kesteren, Conservative, Chatham-Kent—Essex, ON]

Madam Speaker, I want to direct the line of questioning to something the member was talking about concerning the importance of trade in this hemisphere and to contrast that with what we have done in the past.

Could the member touch on the impact President Chavez is having on some of the other countries with what he is doing as opposed to what Canada plans to do through free trade?

[Dean Allison, Conservative, Niagara West—Glanbrook, ON]

Madam Speaker, I think what we see happening in Venezuela is more of a protectionist measurement. Colombia wants to reach out, not just to Canada but to other countries in order to be able to trade and rely less on the drug trade and some of the other issues they have had to deal with over time.

[Bob Rae, Liberal, Toronto Centre, ON]

Madam Speaker, I am happy to participate in the debate. For purposes of clarity for those who are watching these proceedings on television, we are not actually debating the agreement, the proposal by the minister to send the bill to committee. We are actually debating a subamendment of an amendment. Both the subamendment and the amendment to the motion suggest that the House should not give second reading because the government concluded this agreement while the Standing Committee on International Trade was considering the matter. I will try to understand the position of the Bloc and the New Democratic Party. The subcommittee on international trade was considering this question and, therefore, we should not send the agreement to committee because the committee was already considering the question.

You are looking at me a little confused, Madam Speaker, and I can understand why that is the case. The reason is that it does not make any sense. What we need to recognize is that there are serious issues about this agreement and there are legitimate areas of concern and debate. There is no question that a public hearing and a public discussion with expert witnesses and a reasoned discussion at committee is fully warranted.

In order to anticipate some of the questions, which I know I will get from some members of the House, a recent exchange between the member for Algoma—Manitoulin—Kapuskasing and my colleague from Niagara West—Glanbrook was to say that there have been hundreds of killings. We can all argue about the numbers but the question was whether we support the killing of trade unionists in Colombia. The answer to that question is, of course not. The killing of anyone is horrendous. The killing of people who are exercising their democratic rights is an appalling situation.

The question before the House and the question that I personally hope will get to committee at some stage is whether a free trade agreement would contribute to an improvement in the overall human rights and economic situation in Colombia or whether it would cause a deterioration and a worsening of the human rights condition in that country. That is a factual question. There will be lots of debate about it but it is not an ideological question.

To suggest, as was suggested by my colleague from the Bloc in his speech, that Canadian companies are in the business of sanctioning the killing of trade unionists or to suggest that anyone in the House looks with favour upon people living in dangerous and difficult conditions simply shows how quickly we assume the worst motivations on all sides of the House. I have been at this coal face too long to make any such assumption. I assume that everyone here believes that killing other people is a bad thing. I believe very strongly that we are all committed to human rights and the extension of human rights. I will not accuse someone who is in favour of a free trade agreement of being opposed to human rights and being in favour of assassinations. That is just an absurdity. It takes the debate to a level where it is absolutely to have a reasonable and serious discussion.

I will go back to the fundamental question. The government of Colombia decided some time ago that it would try to create an economic strategy that would allow it to get out of the situation in which it found itself. It is a country whose market internally is not big enough. Unlike its neighbour, Venezuela, it cannot rely on the oil and gas reserves that it has in order to generate a huge income for itself. It does not have the luxury of protectionism and, therefore, it was essential for it to engage with the rest of the world economically. This was all part of the strategy that does not simply start with President Uribe but certainly was one that he had a great deal to do with extending.

It is important for members to understand that we are not the only country with which Colombia has either succeeded in concluding a free trade agreement or is currently negotiating a free trade agreement. The member countries of the European Union, the member countries of the European Free Trade Association, which are all democratic countries, which are all countries with a vibrant trade union movement, which are all countries that have a powerful commitment to human rights, countries like Denmark, Sweden, Norway, Britain, France and Germany, are currently negotiating a freer trade arrangement with Colombia. So, of course is the United States of America. Colombia has already concluded free trade agreements with its neighbouring Andean countries.

So, the suggestion that this is some sort of conspiracy that is under way to undermine human rights organizations or to undermine the labour movement in Colombia is not simply far-fetched, it is also a question, frankly, that just does not stand up to real analysis.

Now, there are parties in this House that are ideologically opposed to any free trade agreement that comes before us. If it comes before us with EFTA, they are opposed to the one with EFTA. When we come to discuss the question of the EU, I can guarantee they will be opposed to the one with the European Union.

Those of us who do not have these ideological blinkers on have to look practically at this question. There is a very legitimate concern that has been raised and that will be raised again which is what exactly the impact of this kind of an agreement is going to be on the human rights situation in Colombia.

First, let me just make it clear how I think we need to look at this question.

We are trading today with Colombia. That is to say Canadian companies are doing business in Colombia. It is perfectly legal. It is there. It is happening. There is nothing bad about that, unless it is being suggested by some people that there should be no trade whatsoever with Colombia, that there should be no economic relationship with Colombia and that the rest of the world should boycott Colombia and there should be an international freeze on any investment, any trade, any economic relationship with Colombia. If that is the position that is being put forward by some of my colleagues in the House, I would like to hear them suggest it. I would like to hear them analyze it. However, the fact of the matter is we are trading today. As a country, our businesses are trading with Colombian businesses, and Colombian businesses are trading with us. There are cut flowers in our market. All these things are taking place.

The question then becomes whether we want to try to create a set of rules that will provide for greater certainty with respect to the trading relationship that we are establishing.

Personally, I am a multilateralist at heart. I favour broader multilateral agreements. I would like to see nothing better than for the Doha round to be reignited and to proceed again and for us to try to create a stronger rules-based system for how we trade in the world.

We support the World Trade Organization. I do not hear suggestions from the Bloc or from the NDP that we pull out of the World Trade Organization or that we ask that Colombia be kicked out of the World Trade Organization of which Colombia is currently a member.

So, let us try to understand. Is there a mutual benefit to our two countries to expanding trade? Is there a mutual benefit to our two countries in continuing to monitor and to talk about and to discuss and to try to influence in two sovereign independent countries the human rights situation, in their country and, frankly, in our country?

Is there a good reason why we, as Canadians, want to have a relationship that provides greater guarantee of the security required for investment? Is it a good idea for us to give Colombian companies the opportunity to increase their exports to Canada? There is a great deal of poverty in Colombia and it needs economic development. So, we do want this.

I would say let this matter go when the debate is concluded, whenever that may be. My view is this is a trade agreement that should go to committee. It should be thoroughly studied. Let the international trade committee resume the study that it was doing with respect to the agreement, and let it proceed. I think it would be wrong of us to take a decision today to say that, no, we are not going to let that happen, that we are not even going to consider this question because a group of people say they know better and they know what the outcome is better than anyone else.

I am not sure I have possession of all the facts that would allow me to reach that conclusion, and I simply want this matter to proceed to committee at the appropriate time.

[Deepak Obhrai, Conservative, Parliamentary Secretary to the Minister of Foreign Affairs]

Madam Speaker, I of course listened with intent to my colleague on the other side, the critic for foreign affairs, on this issue of sending the bill to the committee.

The member is a member of the foreign affairs committee, of which I am also a member, and we discuss many issues.

However, the main question that his party has been talking about is sending it to the committee to see what impact it will have on the larger scale in Colombia regarding human rights and regarding labour standards and all those issues. Those are of course core Canadian values when we do business around the world.

To some degree, I agree with him in talking about the NDP and the Bloc. They will never agree to any free trade agreement in any event. That debate is a totally different issue.

The point is that we have free trade agreements with many countries around the world. There are examples of issues when we do that. So I would ask the hon. member's opinion. The free trade agreements ultimately do result in good labour practices and good human rights, and is that not what all of us want for Colombia?

[Bob Rae, Liberal, Toronto Centre, ON]

Madam Speaker, I appreciate the question from the parliamentary secretary. I have to confess that I do not have an all-in ideological answer to that question.

In my view it can be the case that an increase in economic activity, plus an increase in the bilateral relationship in terms of the discussions that we have with the Government of Colombia, and not just the Government of Colombia but the discussions that we have with the people of Colombia and with the institutions--

My colleague, the member for Kings—Hants, and I had a chance to go to Colombia in August. We had an intensive four-day visit. We met with a broad range of people. Most were in favour of the agreement, some were opposed. All of them were very concerned about the impact of the agreement on human rights. I was quite struck by the number, which even included trade unionists.

The private sector trade union people that we met with in Medellin, for example, were fully in favour of the agreement. They understood full well that it gives their factories greater access to the Canadian market. They understood that very easily and very quickly. They see that as improving their conditions and as a chance to improve their particular position.

The largely public-sector-dominated central trade union federation was, not surprisingly, opposed to the free trade agreement, so I asked whether it was in favour of any free trade agreements, and it said no. It has a completely different model of what the Colombian economy could be like. I did not think it was a very realistic model, given the choices that Colombia currently faces.

[Peter Julian, NDP, Burnaby—New Westminster, BC]

Madam Speaker, I am saddened by the member's comments.

While he and his colleague from Kings—Hants were in Colombia as guests of the Colombian government, 12 members of the Awa first nations were massacred by the Colombian military.

The Liberal Party used to stand up for human rights, used to speak out on issues like that. Twelve members of the Awa first nations were massacred by the Colombian military as nearly 600 Colombians have been massacred by the Colombian military and massacred by paramilitaries associated with President Uribe's regime, and the Liberal Party prefers to keep sipping on its wine. It is very sad.

There are provisions in the agreement that basically allow the Colombian government to continue to see the killings of trade unionists, human rights activists and other Colombians, and the only provisions force a fine.

Does the member think it is appropriate that one can kill a trade unionist and pay a fine?

[Bob Rae, Liberal, Toronto Centre, ON]

Madam Speaker, I have a great deal of respect for the parliamentary process, but it is very difficult to answer a question that is put in such a fashion.

Basically the member is saying that he knows it is the Colombian government that is responsible for every act of violence that takes place in Colombia. Therefore, any one of us who thinks it is appropriate to continue to have discussions with the Colombian government about improving our economic relationship as well as on the environmental review and the overall review of the political situation in Colombia is somehow condoning violence.

When the member refers to--

[The Acting Speaker, NDP, Denise Savoie]

The hon. member has made his position quite clear.

Resuming debate. The hon. Parliamentary Secretary to the Minister of Foreign Affairs.

[Deepak Obhrai, Conservative, Parliamentary Secretary to the Minister of Foreign Affairs]

Madam Speaker, it is with great pleasure that I speak to the issue of corporate social responsibility today as it relates to the Canada-Colombia free trade agreement.

I agree completely with the Liberal foreign affairs critic when he says that there are those of us who support this agreement. I also agree with his statement that NDP members are talking nonsense when they say that by supporting this agreement we are condoning murder or human rights abuses or the violence that is taking place in Colombia. That is totally misleading and is fearmongering by the NDP, done by the NDP to support the position they always take, which is against this free trade agreement.

Why do they not just say they oppose it because of their ideology? To say that this is directly related to violence is absolutely nonsense. I want to make it very clear that is not the position here.

Today I am standing up to talk about the corporate social responsibility that Canadian companies undergo when they go overseas to do business. The free trade agreement with Colombia would allow a lot of Canadian companies to go there, so social corporate responsibility becomes a key element in the operation of Canadian companies and what Canadians have come to accept.

The Government of Canada undertook a very lengthy in-depth analysis of corporate social responsibility with stakeholders in Canada, with all those involved in corporate social responsibilities, including NGOs, government people, and industrial people. We came up with a voluntary code of conduct which the government has now provided to Parliament in response. This extensive corporate social responsibility analysis done by the Government of Canada and all Canadian stakeholders has laid the foundation for what is expected of Canadian companies when they are in other countries.

I was in Tanzania in April of this year as well as in Zambia where Canadian companies are working. I had the pleasure of talking to the companies to see what they were doing as part of their corporate social responsibility. I was very impressed at the amount of effort Canadian companies are putting toward corporate social responsibilities such as providing fresh water, schools, and little dispensaries which the local government cannot provide. These Canadian companies are providing these basic services on a voluntary basis and giving hope to many.

Canadians should be proud of many of these companies. The majority of companies that operate overseas do a fantastic job with respect to corporate social responsibility. That is why Canadian companies and Canadians in general have such a high reputation around the world.

This is something the NDP should go and see. Those members would never go to countries where progress has taken place. They will always choose countries that are mired in violence and come forward with their ideology to oppose the free trade agreement.

As a result of the in-depth consultation that took place, the Government of Canada will soon be creating a new consular office to help resolve any issue that could arise between Canadian companies and the communities in which they operate. An announcement will be made very shortly. This is one way of ensuring that everyone will voluntarily comply with what is expected, which has come out of the round table conference. The government has taken this strong, positive step to ensure that all stakeholders adhere to the recommendations regarding corporate social responsibility.

The Government of Canada is also going to support a new centre of excellence. This centre of excellence should be outside of the government to develop high quality tools for corporate social responsibility to see what our best practice is. This is a joint venture with the stakeholders. These are some of the positive steps that this government is taking arising out of the consultation process, which is the right way to do things when we talk about this.

This brings me to the question of looking at what the government's approach has been in talking to stakeholders. We have a Liberal member's private member's bill, Bill C-300, which is now before the committee and which has been hastily prepared without stakeholders' input into it. It was badly drafted and would penalize Canadian companies doing business overseas. The bill is one of those bills that has been emotionally created without input from company stakeholders. It just follows an emotional outburst.

This is not how a minority Parliament should work. I would be very much interested to hear the stance of the Liberal trade critic, whose speech I read, and the Liberal foreign affairs critic, who just spoke about how free trade agreements have a potential of helping in this country, on Bill C-300. This is contrary to what they have been talking about. I hope that common sense prevails on the other side and that when it comes before the committee they will kill this bill. This bill has the potential of damaging the great reputations of people doing business overseas.

The intention is good. We all want corporate social responsibility to take place, but the way it was brought forward, the way it was drafted and the way it has lacked consultations and been coached is just using the minority status to push through something that would have serious consequences for Canadian companies, NGOs and everybody else. There is a small minority of NGOs who are supporting this, but I think that overall, under this major exercise that the Government of Canada undertook last year on corporate social responsibility, that is the way the government should be working. That is how we should work on this thing.

I am very happy to state that the Government of Canada is taking corporate social responsibility very seriously. As I have just said, we will be making announcements about our new councillor as well as the centre for excellence. It must be recognized that the free trade agreement, with its side agreements on labour as well as the environment and other issues, will ensure that there is a rules-based system in our dealings with Colombia.

That is what every Canadian wants because that would ensure strong ties between Canada and Colombia. At the same time, we can engage with Colombia on issues of human rights and others.

[Larry Bagnell, Liberal, Yukon, YT]

Madam Speaker, the member, in his speech, complained a lot about Bill C-300. Unfortunately, his government was basically the author of that bill by not reacting to the major exercise he talked about, which was corporate social responsibility.

The Government of Canada-sponsored round table with industry and NGOs came up with solutions and recommendations. This was quite a rare situation where everyone agreed to that extent and came up with some good solutions, yet the government did not react. It sat on it for months and months, even though everyone agreed. Even though the government was a sponsor in part, it did not react.

What the member was complaining about was unfortunately caused by his own government's inaction. Even after Bill C-300, it came up with an inadequate response. It was the government's inaction that inspired Bill C-300 and also the motion by the member for Pierrefonds—Dollard to take action on something that industry and NGOs had agreed upon.

[Deepak Obhrai, Conservative, Calgary East, AB]

Madam Speaker, yesterday there was a round table conference. There were recommendations. The government needs to take its due diligence and look at it. In all agreements, all rules are made. This party was the government and its members know how it works, but at the end of the day the government did respond. The government has tabled the response in the House of Commons as well, and I have just announced what the government will be doing.

We must also remember corporate social responsibility by Canadian companies, and I have given the example in Tanzania and Zambia, where they have an excellent record. It is not that we do not have a record. We have a very good record, so henceforth, we are just building to ensure that it will be even stronger, as the member and everybody else wants.

[Tony Martin, NDP, Sault Ste. Marie, ON]

Madam Speaker, I want to ask the member, given his critique of the New Democratic Party's position and the fact that we--