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

[Larry Bagnell, Liberal, Yukon, YT]

Mr. Speaker, what effect would signing the agreement have on the CIDA aid she outlined?

[Shelly Glover, Conservative, Saint Boniface, MB]

Mr. Speaker, I believe it will enhance our position. I am very proud of our government and the work that is being done with CIDA.

As I outlined in my speech and my comments, CIDA has taken initiative in many countries, and Colombia is one country that we are wholly looking at defending and supporting. This agreement would initiate further confidence measures. I believe Canada has been looked upon as a leader in this regard.

I believe that many of the members of the Liberal Party are in support of our measures, thanks to the co-operation and the results we have achieved through CIDA.

[Marcel Proulx, Liberal, Hull—Aylmer, QC]

Mr. Speaker, Canada is a democratic country that respects the rule of law, a country that respects human rights. We must ensure that we support countries that seek these objectives and that work to reach them. That is one of the reasons why Canada must try to sign bilateral trade agreements and to improve economic opportunities for Colombia's businesses. We must reconcile this goal with the responsibility to promote human rights.

We feel that a free trade agreement would encourage the Colombian government to undertake other reforms to promote economic growth, public safety and human rights. Over the past few years, Colombia has made real progress regarding the economy, and also social and public safety programs, but it is a fragile process. FARC terrorists, drug traffickers and attacks from the Chavez regime in Venezuela are all constant threats. Colombia is a beautiful country where honest people live and where natural resources abound. It is a country where the situation has been catastrophic for over 40 years, a country that has been paralyzed and divided by a civil war that began as ideological differences, but turned into a war without any ideological basis between drug traffickers, a war that has generated nothing but greed, despair and violence.

Since 2002, huge progress has been made, particularly with regard to public safety. Eight years ago, people were afraid to walk in the streets of Bogota and 400 towns were still controlled by FARC. This progress must continue, and so far it has been supported.

Some members of civil society have said they are opposed to Bill C-23 for reasons of human rights. There has been corruption and human rights violations in Colombia for years. Human Rights Watch, however, has noted that “under US pressure related to the FTA, Colombia has started to take some positive steps on impunity for anti-union violence”, although these improvements are incomplete.

Progress has been made since 2002, although violence continues. Corruption is also chronic in Colombia: more than 30 members of its Congress were under arrest in 2008 and more than 60 were being investigated on suspicion of ties to the paramilitaries. Despite these investigations, it is important to note that the paramilitaries are financed by Colombian drug trafficking and that they themselves help to perpetuate it. Civil society members agree that Colombia cannot fight effectively against drug trafficking and corruption or make lasting improvements in public safety unless its legitimate economy improves, jobs are created and there are opportunities for marginalized people.

Bill C-23 is opposed by labour unions such as the United Steelworkers and the Canadian Labour Congress, but they have opposed all of Canada’s free trade agreements. The Canadian unions say that the Colombian government has implicitly encouraged anti-union violence and that the conclusion of a free trade agreement with Colombia signifies that we accept this. Human rights and labour rights groups do not want to see the Government of Colombia “rewarded” with a free trade agreement. Much remains to be accomplished in Colombia. This country needs our help.

If we close the door on a country like Colombia that is making progress, especially at a time when leaders of civil society, labour unions, governments and victims of violence by paramilitary groups and FARC guerrillas are trying to make progress, if we isolate Colombia in the Andes region and leave it exposed and vulnerable to unilateral, ideological attacks from Chavez’s Venezuela, we will just be allowing evil to prosper.

There is no moral justification for Canadians to do nothing. If a single member of Parliament or a single Canadian is concerned about the human rights situation in Colombia, then we must demand more of this country.

The free trade agreement creates a strong, regulated system to monitor the rights of working people, human rights and the environmental progress made in Colombia and to help Colombians manage and improve these rights and this progress.

Workers' rights and the problems in this area occurred without any free trade agreement. Trade links between Canada and Colombia exist already, but no regulated system exists to direct this relationship.

The provisions of this new free trade agreement are the strongest yet with respect to workers and the environment. In fact, none of the agreements signed by Canada to date contain such provisions. Accordingly, as Canadians, we must ask ourselves how such an agreement could do anything but strengthen our ability to influence human rights and workers' rights in Colombia positively.

Overall, most people and groups, including human rights NGOs, support ratification of the free trade agreement with Canada. They do not think this agreement would have a negative impact on the economy or human rights in Colombia. Many even believe that the agreement could increase Canada's oversight of workers' and indigenous rights thanks to its framework, which provides rules, and to the two side agreements in the areas of labour and the environment.

Canada has noted the difficulties faced by the Uribe government in its fight against the production and trafficking of narcotics and against FARC and emerging criminal gangs. Canada has noted as well the progress made in disarming paramilitary groups and reducing violence in general and violence against unionists in particular. The Colombian senators also spoke of a tripartite commission comprising the government, the unions and employers. This commission, under the supervision of the International Labour Organization, is helping Colombia honour its commitments to the ILO. At its annual meeting in 2009, the ILO reported progress in Colombia.

Finally, and this is the most important part, most of the senators that Canada met acknowledged that a free trade agreement with Canada would strengthen and improve living conditions in Colombia. Such an agreement would help to reduce poverty, prevent the resurgence of illegal armed groups and keep more Colombians from becoming dependent on the narco-economy.

The Canadian delegation met a group of Colombian economists who indicated their support for a rules-based free trade agreement with Canada. They pointed out how vital it was for Colombia to conclude this free trade agreement, especially since countries such as Chile and Peru had managed to conclude such agreements with key trading partners, including Canada. They stressed the need for Colombia to diversify its trade relations away from countries such as Hugo Chavez's Venezuela. The threat that Chavez represents for Colombia was a recurrent theme throughout Canada's meetings in Colombia. They said as well that there are increasing numbers of FARC guerrillas in Venezuela, who are protected by the Chavez government so they can continue to launch attacks against Colombia and against companies and individuals there.

A number of unions in the private sector in Colombia support the union movement. There, the union movement represents 6% of the labour force, and opposition to this agreement comes primarily from the public sector within the union movement. The trade unionists in the public sector have nothing to lose by supporting a rigid anti-free trade ideology. Those with the most to gain from the free trade agreement, however, are the workers in the parallel economy, who represent 56% of the labour force.

In conclusion, since I have less than a minute left, I would like to say that now is the time for Canadians who are so concerned about the welfare of Colombians to give them a chance to be a part of the economy and not let them be the victims of an ideology. The road to hell is paved with good intentions. Legitimate trading activities can help the people of Colombia replace the forces of evil with the forces of hope. Now is the time for Canadians to reach out to Colombians and help them build a more peaceful, prosperous and just future.

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

Mr. Speaker, this discussion certainly takes it to hear.

The member for Saint Boniface made some comments a few minutes ago. I would like to share this, and maybe the Liberal member could comment.

There are serious issues about what she had indicated, touting the amazing work of CIDA in Colombia. While there is some truth to what she is saying, we were concerned to learn that CIDA played a significant role in helping Colombia rewrite its mining code so as to make it more friendly for transnational investment and, consequently, much more difficult for local artisanal miners. This is all documented in a great book called, The Profits of Extermination: by Francisco Ramirez Cuellar.

How does this represent the poverty reduction and sustainable development that the member for Saint Boniface, with the help of the Liberals, espouses CIDA is so much about?

[Marcel Proulx, Liberal, Hull—Aylmer, QC]

Mr. Speaker, I find it unfortunate that some members of the New Democratic Party manage to see only the negative side of an issue like this one. Colombians could integrate themselves into the official economy if exports from Colombia and direct foreign investments continued to grow in that country. Economists agree—I am not talking about members of the NDP—that security in Colombia has improved considerably under the Uribe regime and that the demobilization of paramilitaries is on the right track.

During their trip to Colombia, the delegation met with civil society groups that are concerned about human rights. They talked about their concerns regarding former paramilitary groups in Colombia that have become criminal organizations involved in the drug trade. They met with a representative of the National Organization of Indigenous People of Colombia, who said that more consultation with indigenous communities is needed regarding issues such as investing and free trade, as well as protecting biodiversity.

If we only look for the negative aspects, we will definitely find them. However, if the New Democratic Party would like to show a bit of compassion, if it would like to help Colombian society, I think the advantages far outweigh the disadvantages.

[Bruce Stanton, Conservative, Simcoe North, ON]

Mr. Speaker, I listened intently to the hon. member's discussion on this important topic. At one point he mentioned, in a general sense, some of the improvements that have in fact been occurring in Colombia in recent years with respect to crime and security in particular. I wonder if the member could perhaps expand on some of those themes for the House?

[Marcel Proulx, Liberal, Hull—Aylmer, QC]

Mr. Speaker, that is a very interesting question and I would like to talk some more about the advantages, not the disadvantages. Much like his colleague earlier, the hon. member's question gives me the opportunity to continue along the same lines.

The Canadian delegation met with all kinds of people—some with decision-making authority, some opinion leaders and some from the business world. Human rights groups told the delegation that the free trade agreement between Canada and Colombia must be firm when it comes to labour rights. During the trip, the delegation met with union leaders and representatives of industry. They told the delegation that narcotics trafficking can largely be attributed to the fact that, in Colombia's poor regions, especially in rural areas, there are no alternatives, and that legitimate trade opportunities must be created.

When there are few opportunities or alternatives in rural areas, of course crime is going to increase and narcotics trafficking will continue. As we all know, where there is a drug trade, people's safety will be jeopardized on a daily basis.

So, once again, we must look at the positive side in order to help Colombian society.

[Bruce Stanton, Conservative, Simcoe North, ON]

Mr. Speaker, it is great to be back and opening up our fall session with a discussion, as I said earlier, on a topic that is very important not only to Canada but also to Colombia.

There is no doubt members realize that especially during these economic times brought on by a global economic recession, it is vital for Canada to continue to keep its doors open for business opportunities where investment can grow. I have seen examples of this need right in my own riding of Simcoe North where producers and manufacturers, those involved in supplying key industries that would be able to expand and grow in a market like Colombia, would directly benefit.

It is a great delight to be part of a discussion that is advancing opportunities for investment and for business growth for Canadians.

The Colombia free trade agreement is part of this government's ongoing focus on expanding our interests in trade generally. As was commented on earlier in this debate, Canada has been active on a number of fronts, not just in the Americas but in Europe and Asia as well. All of this is vital in terms of expanding the reach and in turn the prosperity that companies can provide, operating here in Canada and supplying to markets and supply chains active in these new markets for our country.

Looking at our overall progress in the last few years, we need look back no more than four years to see that we have opened up new agreements with not only Colombia but also Peru, Jordan and Panama. Of course we are all familiar with the works that have been concluded in EFTA.

In addition to working on specific bilateral trade agreements, we are continuing to keep more trade offices open in emerging markets and those that we know are vital to our own interests.

We are helping to expand trade. We are opening doors for Canadian business and encouraging investment at a very critical time for our country. Through the Prime Minister's interest in expanding our interest in the Americas, this has been ongoing for close to three years.

I have mentioned some of the markets that we are already expanding into, but the Americas are of particular interest to Canada because of our geographic proximity, being in the same hemisphere.

This is an area where Canada can play an increasingly vital role not just in trade, but also in areas of defence and policies relating to our diplomatic efforts in our part of the world. When events unfold in this hemisphere, Canada's interests are more directly impacted and so our focus on trade and on greater and stronger ties with other nations in the Americas are of tremendous benefit not just to Canada but to all of the member countries that make up this hemisphere.

It should not be lost on members or those who are listening at home that we are not only achieving an economic benefit by these agreements but that we are also helping to reinforce our own national and security interests at the same time.

Let me take a moment to speak a bit more specifically about Colombia in particular.

Members have heard a number of points made on both sides of the questions, both pro and con. It cannot be lost on our audience in the House or on people who are tuning in that these kinds of agreements represent benefits not just for Canadians but also for Colombians.

On the whole issue of advancing human rights and making sure that we are recognizing important labour and environmental standards in the course of these agreements, it should be understood that the interests of advancing human rights and those of advancing economic benefits are not mutually exclusive. That is to say that one can benefit the other. They are indeed complementary activities that we need to be engaged in on both fronts, not just to create an economic upside.

We all recognize that Colombia is still moving along the path of better security at home and better recognition of human rights. Certainly, Canada has been active in advancing those interests. We are not there yet, but something like increased trade with a country like Colombia can move that along at a much quicker pace.

We need to realize that Colombia is not going to make much more progress on human rights if they become isolated by the international community. That is something that is certainly not lost on our interests here in Canada. Indeed, we have seen where Colombia is taking up the same kinds of discussions with the United States, the European Free Trade Association and, in the near term, with the European Union as well.

While we recognize that it is still not perfect there, we need to see that progress is being made and that the continued engagement of Canada and other international partners in Colombia is going to advance and improve the situation on the ground. We have made some terrific progress in the last four to five years.

What are the direct elements of a free trade agreement? I suspect these are items that may have been covered in earlier discussions, but I am delighted to see that this is the kind of free trade agreement that is going to include greater market access for goods, better cross-border trade and services and investment in the financial services sector and in government procurement. In this day and age, we know that in order for businesses in Canada or those in Colombia to be successful, they have to be part of an integrated industrial supply chain that is producing goods and services not just for their own markets but for the world.

The more we open up the doors to investment in other countries, the greater the chance that Canadian companies right here at home are going to be able to participate and supply goods and services to those transactions. It is not like it was a decade or more ago, when we looked for markets in isolated pockets. This is a large and growing global supply chain that our companies can play a greater part in and indeed they are doing so. As we open up more agreements just like this one, the upside for our companies becomes even greater.

I will go back to a point I made earlier with respect to benefits for Colombians themselves. Right off the bat, a free trade agreement like this is going to reduce if not eliminate tariffs for Colombian manufacturers, exporters and producers. They will then be able to increase trade with Canada and probably even expand into North American markets in the near term. More liberalized trade will expand investment and create more job opportunities for Colombians on the ground. However, the same can be said for those businesses that are part of that activity right here in Canada.

I am getting the sign that we are just about out of time here. I would just like to sum up and say that this is exactly the kind of activity that we need to continue to make a part of our priorities on the economic front. It is going to bring great results for us here at home. At the same time, it is going to be advancing security and interests important to that host country as well.

Let us continue to keep on with these kinds of free trade agreements. They are going to make the world a much better place. We know that to be true from our own examples these last few years.

I invite questions from the hon. members.

[Larry Bagnell, Liberal, Yukon, YT]

Mr. Speaker, I have two quick questions.

First, could the member elaborate on the effect that Colombian investment has had in Canada, and vice versa, the effect that Canadian investment has had in Colombia?

Second, as chair of the aboriginal affairs committee, does the member have any comments on the relations between the Colombian government and aboriginal peoples? That matter has been raised earlier in this debate.

[Bruce Stanton, Conservative, Simcoe North, ON]

Mr. Speaker, we know that at the moment, there is about $1.1 billion worth of trade between Canada and Colombia now. We know that a good portion of that is in some of the resource industries, in oil and gas and in the mining sector.

We also realize that because those are key industries for us here in Canada, there are a number of businesses that in fact supply that sector. I can think of one in my own neighbourhood that is producing tube and machinery parts and heavy equipment that become part of that trade mechanism. The absence of tariffs allows those industries to be more competitive, expand and grow, and create more jobs.

On the second point, and I appreciate the hon. member pointing this out, there is indeed an indigenous population in Colombia that needs to be just as well engaged as the union sector and other interests in making sure that those--

[The Deputy Speaker, Andrew Scheer]

Questions and comments, the hon. member for Western Arctic.

[Dennis Bevington, NDP, Western Arctic, NT]

Mr. Speaker, I am interested in my colleague's comments about the impact of this free trade deal on the Colombian people.

It has been shown in this House, through statistics garnered from Statistics Canada and processed by the parliamentary library, that the free trade arrangements we have made with the United States and other countries over the years have actually resulted in a greater disparity between upper-income and lower-income people in Canada.

In Colombia there is tremendous inequality at this time. With a free trade arrangement that is going to open up the potential for agri-businesses to move vast quantities of low-priced agricultural products into an indigenous population, where 22% use subsistence agriculture--

[The Deputy Speaker, Andrew Scheer]

Order. The hon. member for Simcoe North. Order, please.

[Bruce Stanton, Conservative, Simcoe North, ON]

Mr. Speaker, I appreciate the question, but in all honesty, I could not disagree more.

The results of our work in expanding free trade have been nothing but positive. We realize and accept that these things do take time, but when trade and commerce can flourish in a market like that, incomes can improve, and as they do, a higher standard of living can be realized for citizens in both countries.

That is the target, and indeed what comes along with that is better security and a better ability to recognize and bring to some kind of balance the societal issues that are equally part of the kinds of difficulties that Colombia has. It is, however, not going to solve those without some ability on the economic side.

[Gerald Keddy, Conservative, Parliamentary Secretary to the Minister of International Trade]

Mr. Speaker, first I would like to thank the member for Simcoe North for his assistance on this bill and his interventions.

Second, I would like him to comment on the fact that the NDP has been very critical of this bill, but the reality is that it has never supported a free trade agreement that has gone through this House, not one time, ever.

This particular agreement has a labour cooperation agreement that will bring the elimination of child labour, allow for freedom of association and allow for the right to bargain collectively. I cannot understand why the NDP would not support this particular bill.