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

[Ed Fast, Conservative, Abbotsford, BC]

Mr. Speaker, I know the member takes human rights very seriously and I want to assure him that my reference to human rights in my speech was certainly not a sidebar. I take that very seriously. I anticipated that would be his question because that is the only objection I sense coming from the NDP to signing a free trade agreement with Colombia.

However, I want to remind him that between 2002 and 2008, kidnappings in Colombia decreased by some 87%. Homicide rates have dropped by 44%. Moderate poverty has fallen from 55% to 45% and Colombia has attained coverage of 94% in basic education. The progress that Colombia has already made goes on and on.

As I mentioned in my speech, we are not looking for perfection. We are looking to engage with a country that wants to pull itself out of some of these problems. We want to be partners with them and assist them to do that. That is why some of the collateral agreements to this Colombia free trade agreement address issues such as labour protection, environmental protection and human rights. These are key issues that are indeed addressed in the agreement.

We have general support in the House. We appear to be developing a consensus here. Unfortunately, the NDP does oppose this agreement. However, I also note that the former NDP premier of Ontario, who now sits here as a Liberal, just spoke in favour of this free trade agreement that the NDP members of the House strongly oppose. There appears to be an ideological mix with political partisanship that may be confusing some Canadians.

I would strongly recommend that this member look at the merits and purpose of the agreement, which is to assist Colombia, enhance its human rights record, and at the same time develop a level of prosperity that Colombians themselves are aspiring to.

[The Deputy Speaker, Andrew Scheer]

There is one minute left in questions and comments, so I can allow a 30 second question and a 30 second response.

The member for Sault Ste. Marie.

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

Mr. Speaker, I appreciate the member's answer. It is certainly not just human rights that we are raising as an issue in terms of this Colombia free trade agreement, although it is certainly central for us.

I made a mistake. Twenty-seven trade unionists have lost their lives. There have been 60 to 70 extrajudicial murders. If that is somehow a reduction, I can only imagine what it was like and where it will go if we enter into this free trade agreement and that kind of opportunity for--

[The Deputy Speaker, Andrew Scheer]

Order, please. I will have to stop the member there to allow enough time for a response.

The member for Abbotsford.

[Ed Fast, Conservative, Abbotsford, BC]

Mr. Speaker, my friend actually referred to a witness who appeared before committee. I happened to be at that committee meeting and heard the witness speak about some of the concerns they have about personal safety in Colombia.

However, I can also say that by happenstance I had a Colombian citizen visit me in my office in Abbotsford. We were not there to discuss free trade agreements; we were there to discuss something else. I took the opportunity to ask her what the security situation was like in Colombia. She said that her safety has improved considerably. She was a member of a religious minority. She said that country is so much safer today than it used to be.

[Luc Malo, Bloc, Verchères—Les Patriotes, QC]

Mr. Speaker, this afternoon we are debating the subamendment put forward by the hon. member for Nanaimo—Cowichan to amend the amendment presented by the hon. member for Sherbrooke, which basically calls on this House to refuse to give its consent to Bill C-23, Canada-Colombia Free Trade Agreement Implementation Act.

With this subamendment, the hon. member for Nanaimo—Cowichan is asking that we consider this refusal, “including having heard vocal opposition to the accord from human rights organizations”. The member is therefore asking this House to refuse to grant its consent based on comments we have received from groups asking us not to support this bill. I must say there are many such groups, both in Canada and in Colombia.

I would like to name a few of those groups: the Canadian Labour Congress, the Canadian Council for International Cooperation, Amnesty International, the FTQ, Development and Peace, KAIROS, the Public Service Alliance of Canada, Lawyers Without Borders, the Communications, Energy and Paperworkers Union of Canada, the Canadian Union of Postal Workers, the Canadian Union of Public Employees, and the National Union of Public and General Employees.

These are but a few of the organizations in Canada and Quebec calling on us to not support the Canada-Colombia free trade agreement. I must say that, even in Colombia, civil society is trying to mobilize to show its lack of support for this agreement. However, we will agree that it is harder to organize in the rather difficult situation in Colombia.

I would point out that a number of members of our caucus met last February with members of the coalition of social movements and organizations of Colombia, which includes the national indigenous organization of Colombia, the popular women's organization, the national agrarian coordinator, the Christian movement for peace with justice and dignity, the national movement for health and social security, the Afro-American African roots movement and the Black Community Process.

It is extremely important in making a decision to check with a number of the players to see whether there might be a consensus regarding this agreement. Unfortunately, in this matter, I believe a number of voices were raised against the agreement.

In June 2008, here in Parliament, the Standing Committee on International Trade tabled a report entitled Human Rights, the Environment and Free Trade with Colombia. The report made a number of recommendations to the government, recommendations the government did not implement. It decided to have the agreement ratified without considering the very sound recommendations made by the committee, including that Canada not sign the free trade agreement with Colombia until it was confirmed that the improvements in human rights were maintained and continuing.

The government nevertheless decided to proceed with the agreement, even though according to the information available to us, Colombia's record continues to be disastrous.

The committee also recommended that governments mandate an independent body to study the impact on rights and the environment of such an agreement. Canada has not done any study. And if studies have been done, the public has not been informed of them.

As well, the committee recommended that a competent body be established to examine the repercussions on human rights comprehensively, impartially and independently.

All of this is part of the process that would have led Canada to sign this trade agreement with a concern for its potential repercussions on the Colombian people. These recommendations came from parliamentarians. Once again, we note the Conservative government's propensity to ignore majority proposals from the House. We have seen and identified a number of proposals right here in this House during the two mandates of the Conservatives. I have to say that this is not the first time the Standing Committee on International Trade has been rebuffed. Last year, the government decided to categorically reject the committee's report calling on it to exclude water from all trade agreements.

Once again, the government decided to ignore the opinion of the House. As members of Parliament, how are we supposed to support such an anti-democratic attitude? Parliament is the voice of the people. When parliamentarians unite to make recommendations to the government, it seems to me that the government should take note and act accordingly. But ironically, in the case of the free trade agreement with Colombia, the government says that it has to go through with its draft free trade agreement to support democracy in Colombia. How are we supposed to trust the government when it comes to signing a Canada-Colombia free trade agreement when it will not even listen to its own Parliament?

Of course such agreements have to protect investments. We are not opposed to that. However, we must ensure that these agreements respect both partners. The government is calling this a free trade agreement, but free trade agreements are usually negotiated between partners of similar size. In this case, the agreement seems designed to protect investments. In many cases, that makes sense because it creates a predictable environment and ensures that assets belonging to foreign investors will not be taken over in the event of nationalization. In this particular case, we have to ensure that such protection will not be detrimental to the country where the investment is made.

Chapter 11 of NAFTA allows some investors to initiate legal proceedings against countries that seek to change or improve their human rights or environmental laws. It is clear that the contents of this proposal are not in line with what members of the House called for in committee. The government's refusal to heed the recommendations of civil society groups is appalling.

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

Mr. Speaker, I hope I may have a moment to read a letter I just received from Brent Mansfield, from Vancouver. My Bloc colleague may have some comments on this.

In the letter, he says:

I myself was in Colombia for the month of August, including a 10 day delegation investigating the effects of free trade with Colombia. We met with unions (sugarcane cutters in Cali, portworkers in Buenaventura), indigenous groups (Nasa/ ACIN), afro-colombian groups (Calima, Naya), a number of displaced groups (from Narino), and victims of state crimes and so-called 'false positives'. I have many concerns about the possibility of a free trade agreement with Colombia, but also with the model of free trade itself and deeply support the logic of a fair trade model that you proposed. This is what Canada--and the world!--needs, and I am saddened by the way the Liberals and Conservatives are so blindly committed to 'more free and open trade'. Please continue to speak up on this issue and to urge the NDP party to work for a more equitable trade model.

That is exactly what we are trying to do. I am certain that my Bloc colleague would like to comment on the fact that it is so important that, after having heard us talk about it, this person decided to write to us immediately.

[Luc Malo, Bloc, Verchères—Les Patriotes, QC]

Mr. Speaker, what my colleague just read is along the lines of what I was saying when I mentioned that the government seems to be ignoring and not hearing the opposing views on this free trade agreement.

I must reiterate and also remind this citizen that the Bloc Québécois has always adhered to the principle that international trade must allow for the mutual enrichment and development of the parties. In the comments read by my colleague, it is evident that what this citizen has observed is not based on the principle of mutual enrichment and development. Therefore, it is important, when establishing trade relations, to always ensure that the government, in this case the Canadian government, is always able to keep applying a certain amount of pressure on the Colombian government with respect to improving the economic activities that take place in its territory. We believe that the wording of this free trade agreement will no longer allow the Government of Canada to apply this needed pressure.

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

Mr. Speaker, I appreciate the comments from the member on this important piece of public business before us here today.

He mentioned improving the situation. Does he have any definition for us of what that might mean? We heard members from the government side talk about the 27 trade unionists who have been killed so far in 2009 and the 60 to 70 extrajudicial murders as an improvement.

Is that, in the member's view, an improvement? Does he have any details he could share with us in terms of what he would accept as improvement?

[Luc Malo, Bloc, Verchères—Les Patriotes, QC]

Mr. Speaker, it is difficult to accept that those who defend workers can be killed while carrying out their responsibilities. In my opinion, it is our duty to reject this type of conduct.

Given the numbers provided by my colleague, it is obvious that we cannot accept this type of conduct. We also believe it is important for the government to revise its positions in all trade negotiations to ensure that trade agreements include clauses on the respect for international standards pertaining to labour rights, human rights and the environment.

[Shelly Glover, Conservative, Parliamentary Secretary for Official Languages]

Mr. Speaker, the Canadian International Development Agency has been working with the government of Colombia to bring greater peace and security to Colombia.

Although Colombia is an established democracy with a growing economy, a responsible government, an active civil society and stable institutions, it also suffers from the longest running conflict in the Americas. More than three million people are internally displaced in the country. However, in recent years the global community and international organizations working in Colombia have recognized that the personal security conditions of urban Colombians has improved.

With the support of the international community, government authorities and civil society organizations are taking actions that are contributing to increased peace, security and prosperity. It is important that Canada continue to work toward peaceful change in Colombia and we can be very proud of our track record in supporting this process.

In fact, Canada is the lead donor on children's rights and protection in Colombia. CIDA's programs are protecting children from violence, preventing their recruitment into armed conflict and helping them regain their place in their home communities. We promote environmentally sustainable agriculture and provide individuals who have grown illicit crops with alternative livelihoods that contribute to national food security.

Canada's relationship with Colombia includes support for peace and democracy, a strengthened bilateral economic relationship, a frank dialogue on human rights, close co-operation on security and humanitarian issues, counter-narcotics and landmine action.

In the past five years, CIDA has disbursed over $64 million in Colombia. CIDA programs focus on democratic governance, with an emphasis on the protection and promotion of the human rights of vulnerable people affected by the conflict, especially children, adolescence and internally displaced people.

CIDA has contributed $8.8 million to assist internally displaced people to claim their rights, strengthen Colombia's national policies and programs that respond to the plight of the displaced and help to find durable solutions that will facilitate their return when possible.

This past February, in fact, the Minister of International Cooperation announced that CIDA would focus 80% of its bilateral programming in 20 countries, and Colombia is one of them. Furthermore, DFAIT's global peace and security program provided more than $14.5 million in conflict prevention and peace-building programs between 2006 and 2009. The program centres on justice and confidence-building initiatives, support for political dialogue and enhancing security and stability.

Canada is also one of the largest supporters of the Organization of American States' mission to support the peace process in Colombia. This mission has played a critical role in supporting the government's efforts to demobilize paramilitary forces in Colombia. It also protects the rights of women victims of sexual violence, as well as indigenous conflict victims.

Between 2007 and 2009, Canada provided more than $10 million to the United Nations High Commissioner for Refugees to protect internally displaced people and refugees in neighbouring countries. CIDA works with its trusted multilateral partners, such as the Red Cross and the World Food Programme to reach these people.

In addition, DFAIT's counterterrorism capacity-building program provides states with training, funding, equipment and technical and legal expertise to help prevent terrorist activity. Since 2005, the program has provided $1.5 million to projects in Colombia.

Canada is also one of the largest donors for mine action in Colombia. From 2003 to 2008, working primarily through the Organization of American States and UNICEF, Canada contributed more than $3.7 million for humanitarian demining, stockpile destruction, victim assistance, mine risk education and mine action coordination. Colombia's efforts to achieve greater peace and security are further aligned with Canadian values and interests.

The government of Colombia has taken positive steps that demonstrate its continued efforts to curb violence against trade unionists, to fight impugnity for the perpetrators of such crimes, to promote security and peace within a human rights protection framework and to establish the rule of law.

Canada's labour program, through the international program for professional labour administration, is providing $1 million for labour related technical assistance initiatives in Colombia. These initiatives are helping, not harming, the Colombian labour ministry to increase its capacity to train labour leaders and enforce labour legislation. There are still challenges in Colombia and Canada will continue to do its part to support that country's efforts to strengthen peace, security and full respect for human rights, but strides have been made.

Let me take a moment to tell members some of the results of CIDA's development programs in Colombia. CIDA has been working through the office of the high commissioner for human rights to help the government and civil society organizations to work together to develop a national plan of action on human rights. As a result, human rights are being integrated into the activities of Colombian government institutions and an increased number of officials now know and understand international human rights obligations and are able to implement them. In addition, there has been better media coverage of human rights issues and more information has been made available to the public on human rights abuses and violations of international humanitarian law.

However, illegal armed groups continue to recruit boys and girls and engage in sexual and gender-based violence as a weapon of war. Children's rights and protection are being given prominence among CIDA's programs to mitigate these challenges, and we are getting results. An estimated 15,000 children and youth have been prevented from being recruited in armed forces and 260 demobilized child combatants have been reintegrated into their home communities.

A new law has been passed on children and youth and more than 12,000 civil servants are trained to implement the law. Approximately 6,000 adolescents have developed their conflict resolution and other life skills in schools, with support from 400 peers trained as youth leaders. Some 70% of all demobilized children and youth will receive better health, education, protection and integration services because of CIDA's efforts.

Since Colombia has the second largest population of internally displaced persons in the world, three to four million people, and is the country in the Americas that is the most affected by landmines and explosive remnants of war, CIDA's support is helping improve the lives of a significant number of Colombians.

Colombia now has public policies and programs that protect and guarantee the rights of internally displaced persons, programs that take into account the different needs of women, children and ethnic minorities. CIDA's efforts have also led to protection being provided to 470,000 internally displaced people who did not receive benefits because they were not part of the national registry. More than 100,000 of these displaced people were issued identity documents through the national registry office and are now able to receive the services to which they are entitled.

We believe that Canada's efforts to advance a free trade agreement and to promote and protect human and labour rights in Colombia are mutually re-enforcing and equally important. The economic development that flows from increased trade, in tandem with enforcement of labour rights, will strengthen Colombia's social foundations, reduce violence and bring greater security and prosperity to Colombians.

Colombia is an important strategic trade and investment partner for Canada and Canadian companies are very involved in Colombian mining, oil and gas projects. As I am sure all members are aware, CIDA's mandate is to reduce poverty and foster sustainable development. Economic growth is one of the three themes that the minister has spelled out for all CIDA programs, along with children and youth and food security. In Colombia economic growth through the free trade agreement will not only help to secure the futures of children in adolescence, it is the key to stability, security and environmentally sustainable growth.

I ask my fellow members to consider that the economic growth this agreement will bring can help to solidify the government of Colombia's efforts to create a more prosperous, equitable and sure democracy. I, as a mother of five children, hope that all members think about their own children when they vote. This is an important issue for not only Canadians but for Colombians and their children. Please vote for this. Please support this and make a difference not only in humanitarian issues but in economic issues. I applaud all members who have stood before us today to indicate their support.

[Robert Vincent, Bloc, Shefford, QC]

Mr. Speaker, I have a question for the hon. member.

Given our economy and the opportunities provided to us by Colombia, could she tell us, in millions of dollars, the level of our trade with that country? If we are going to engage in free trade, it has to be a profitable venture. Is it indeed profitable, or is our interest more of a political than an economic nature?

[Shelly Glover, Conservative, Saint Boniface, MB]

Mr. Speaker, I thank the hon. member for his question.

I am quite prepared to answer the question relating to money, but I want to be very clear. In my opinion, and in our government's opinion, the two issues are really on a par. Indeed, the economy and the protection of human rights in Colombia are similar issues.

I am going to talk about Quebec, since the hon. member comes from that province.

In 2008 Quebec's total exports to Colombia were valued at $120 million, which represented 17% of Canada's total exports to the country. Quebec's leading exports to Colombia include paper and paperboard, valued at approximately $21.1 million, copper articles, mainly wire, valued at $25.9 million in exports and machinery valued at approximately $32.1 million.

[Jim Maloway, NDP, Elmwood—Transcona, MB]

Mr. Speaker, the member and the government pretend to be tough on crime. However, the member should know that 2,690 trade unionists have been murdered in Colombia since 1986. In 2008 the number of murders was up by 18% over the previous year. So far this year, 27 trade unionists have been murdered up to September. In fact, the Obama administration in the United States has put a halt on negotiating a free trade deal with Colombia. The British, our other allies, have cut military aid to the country.

Why would the member want to support rewarding a country that has a terrible human rights record? Why do we not sit back, take a look and investigate this issue further before we go ahead holus-bolus and try to sign an agreement with Colombia at this time?

[Shelly Glover, Conservative, Saint Boniface, MB]

Mr. Speaker, some of the facts just represented by the member are inaccurate and need some clarification. The United States just recently provided the funding that was being held back. I suggest the member may want to review his facts.

Aside from the United States coming to conclusion that it should provide this funding, I want to clearly state that I stand behind being tough on crime. I believe it is absolutely absurd for the NDP to suggest in any way, shape or form, that our measures and the measures of many other countries in the world, by initiating free trade agreements that help humanitarian issues and help economic growth, would lend to the death of any of those trade unionists. The death of anyone is absolutely horrific. I clearly I do not support anyone in the House who suggests that free trade agreements by many countries in the world lend to the death of union representatives. Our hearts go out to those families equally.