Canada-Colombia Free Trade Agreement Implementation Act

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

This bill was last introduced in the 40th Parliament, 2nd Session, which ended in December 2009.

Sponsor

Stockwell Day  Conservative

Status

Second reading (House), as of Nov. 17, 2009
(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 Republic of Colombia and signed at Lima, Peru on November 21, 2008.
The general provisions of the enactment specify that no recourse may be taken on the basis of the provisions of Part 1 of the enactment or any order made under that Part, or the provisions of the Free Trade Agreement or the related agreements themselves, without the consent of the Attorney General of Canada.
Part 1 of the enactment approves the Free Trade Agreement and the related agreements and provides for the payment by Canada of its share of the expenditures associated with the operation of the institutional aspects of the Free Trade Agreement and the power of the Governor in Council to make orders for carrying out the provisions of the enactment.
Part 2 of the enactment amends existing laws in order to bring them into conformity with Canada’s obligations under the Free Trade Agreement and the related agreement on labour cooperation.

Elsewhere

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

Votes

Oct. 7, 2009 Failed That the amendment be amended by adding after the word “matter” the following: “, including having heard vocal opposition to the accord from human rights organizations”.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

May 25th, 2009 / 1:50 p.m.
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NDP

Niki Ashton NDP Churchill, MB

Mr. Speaker, I would like to thank my colleague, the member for Burnaby—New Westminster, for his courage in bringing forward our message of opposition, as New Democrats in the House and outside with Canadians from all sorts of organizations and directions, and that we stand for human rights and fair trade that looks at not just the well-being of Canadians but the well-being of those in the country with which we are trading.

What we are hearing here today is the extent to which the Colombian situation is so different from any other country, which is something that Canadians from coast to coast recognize. I have received numerous letters expressing opposition to this free trade agreement, as have so many others in the House.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

May 25th, 2009 / 1:50 p.m.
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Conservative

Ed Fast Conservative Abbotsford, BC

I did not get one. You are making it up.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

May 25th, 2009 / 1:50 p.m.
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NDP

Niki Ashton NDP Churchill, MB

I am hearing all sorts of heckling. I am sensing a real feeling of defensiveness from both the Liberals and the Conservatives. I wonder if it is because they know they are on the wrong side of this debate. Is it because they know that by voting for this free trade agreement, they will be voting against human rights? That is what I would like to hear about.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

May 25th, 2009 / 1:50 p.m.
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NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, the member for Churchill, who is one of the bright new members of our Parliament, is absolutely right. We have a united NDP caucus fighting this and members of the Bloc are also fighting this. Thousands upon thousands of Canadians have written to the Leader of the Opposition to say that it is completely wrong-headed of him to endorse this agreement.

I understand the Liberals are now under a lot of pressure. I hope Canadians at large will keep the pressure on and keep those thousands of emails and letters coming in to Liberal members of Parliament and the Leader of the Opposition because the Liberals are wrong on this bill. Through public pressure, they can be forced to do what is right, which is to vote down this bill.

The Conservatives will be getting letters on this. Once it comes out in Conservative ridings that they are doing deals with regimes linked to drug trafficking and paramilitary, I do not think Conservative supporters will be too happy at all.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

May 25th, 2009 / 1:50 p.m.
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NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Speaker, I also want to thank my colleague for Burnaby—New Westminster for elevating the standard of debate over this particular free trade deal.

The one thing he points out that we should all be cognizant of is the whole myth associated with the globalization of capital, which was that globalization would somehow elevate the standards of labour and environmental conditions in the countries with which we trade, even though they are unwilling to ever put labour or environmental standards in those trade agreements.

In fact, the inverse has been true. The only way we will get countries like Colombia to elevate their standards of labour and human rights is by not allowing them to play in that sandbox of globalized capital trade, et cetera, unless they do come up to some minimum standards of decency.

I have a question for my colleague. I remember when Dick Martin, the head of ORIT, the labour organization associated with the Organization of American States, came back to Canada and sounded the alarm that they were killing trade unionists in the streets. The head of the teachers' union, the head of the nurses' union and the head of the miners' union were summarily executed in the driveways in front of their homes. Does my colleague remember the warning that Dick Martin sounded in this place a number of years ago?

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

May 25th, 2009 / 1:55 p.m.
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NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, I certainly do. We have had abundant evidence coming from previous years and from human rights organizations now. There is no doubt that Parliament should be voting thumbs down on this agreement. We certainly hope the Liberals will stop propping up the Conservatives on this. I think public pressure will succeed in changing the Liberals' minds.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

May 25th, 2009 / 1:55 p.m.
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Liberal

Maria Minna Liberal Beaches—East York, ON

Mr. Speaker, free trade is something we support as a whole in general but this bill is not to be taken lightly. Some very serious questions need to be answered.

When I was the minister of the Canadian International Development Agency with trade agreements especially that we were working on at the time in the Central America areas, we always took into consideration the developmental aspect of the region. One of the things we do not want to do is end up with a free trade agreement that benefits us or the elite of Colombia but that it does the exact opposite of what our development program is trying to do.

In that case, I would want to know, because I have not as yet seen anything, whether in this case CIDA has had a say and whether the minister for CIDA has signed off on this trade agreement arrangement and was part of the discussion and negotiations to see how this agreement impacts on the poor people of Colombia.

Ultimately, we would be totally remiss, to say the least, if we were to make agreements with Colombia, or any other country for that matter, where we are providing assistance and have an agreement that would be contrary to what our system is trying to do. Therefore, this is a very important issue.

We know that in the last several years, the Colombia government has made significant progress under President Uribe toward achieving security for the Colombian people. There have been significant reductions in violence and human rights abuses. The general murder rate has fallen dramatically and the International Crisis Group has noted that since 2003 Colombia has witnessed a substantial decline in violence and kidnappings. That sounds very positive.

I would like to ask the Minister of International Trade to let us have information as to what impact, if an impact assessment has been done, this agreement would have on the poverty levels in Colombia.That is a very critical and very important because the two must go hand in hand.

This is not a bill that one can take lightly. Some serious questions need to be asked as a result of what we are looking at.

Part of the Conservative government's plan is to focus on the Americas while abandoning Africa. It has decided to make our hemisphere or Central and South America a priority because it is best for our economic situation. I am not suggesting that we should not focus on the Americas. We need to focus on the Americas because they are part of our hemisphere. However, to do that and, at the same time, abandon Africa and any other commitments we have and to focus solely on what is in Canada's economic best interest when we do development is absolutely not acceptable.

I would like to see the assessment done by CIDA to see whether this agreement benefits Canada and perhaps the elite of Colombia but does not benefit the poor of Colombia. If that is the case, I would have some serious problems with this trade agreement and we would need to very clearly look at it.

I must say that I have serious problems with a government that premises its development on whether or not it benefits its economic security and benefits it economically. That is not the basis for development because that is tied to aid. The basis of development--

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

May 25th, 2009 / 2 p.m.
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Conservative

The Acting Speaker Conservative Barry Devolin

I apologize but I must interrupt the member at this time. She will have 16 minutes remaining when the House returns to this matter.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

May 25th, 2009 / 3:20 p.m.
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Liberal

The Speaker Liberal Peter Milliken

When this matter was last before the House, the hon. member for Beaches—East York had the floor. There are 16 minutes remaining in the time allotted for her remarks.

I call upon the hon. member for Beaches—East York for the conclusion of her remarks.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

May 25th, 2009 / 3:20 p.m.
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Liberal

Maria Minna Liberal Beaches—East York, ON

Mr. Speaker, as I was saying before question period started, this bill cannot be taken lightly and serious questions need to be answered.

One cannot discuss this bill without talking about, for instance, the human rights issue in Colombia. We all know that in the last number of years three million persons have been internally displaced. This figure is astronomical; it is only second to that of Sudan. We see Sudan on the television much more regularly, but we do not see Colombia as often. We see the drug lords, the paramilitary and all that, but we do not really understand when we do not see the three million people who have been displaced.

Who are these people? These are poor people, farmers, people who are being abused. In the first half of 2008 alone, 270,000 people were displaced. This is the highest rate in the past 23 years. This is not a positive trend. It is something that should concern us a great deal.

Again, as in all conflicts around the world, women in particular are vulnerable to the displacement. Women and children always bear the brunt of any conflict or any instability. This is nothing new, and it is no different in Colombia. We see this again. It shows up in our figures.

This is occurring in areas that are rich in crops, rich in minerals and rich in oil and gas. What does that mean? This is land that has a lot to offer. It means that Canadian companies that may be exploring for gas, for minerals would actually be in this area. The economic development taking place would be in those areas where people have been forced off their lands and sometimes killed.

The people are being displaced by the millions. It is not by a few, but by the millions, not that any would be acceptable. Amnesty International and Human Rights Watch have been watching and monitoring this for some time.

The economic development in these areas would be at the expense of millions of people who would be forced off their lands. Many have already been forced off their lands. This goes very much to a justice issue and to a human rights issue.

Innocent civilians, mostly rural people, are the ones who are paying the price in a different way. As some of us may know, there was a push on the part of the government to identify and kill the paramilitaries and the drug lords. What happened is what we call false positives. Innocent civilians have been killed and are being killed by Colombian military, then they are dressed up as rebels and being used as proof that rebels were killed in combat.

President Uribe from Colombia had initially backed the military saying that none of this was true, but he later announced 27 soldiers and 3 generals were being dismissed as the result of 11 specific killings. This is a horrible situation. In addition to the displacement, innocent people are being killed and dressed up in pretense of the bodies being paramilitary.

It seems that the military is under tremendous pressure to demonstrate that it is actually succeeding and getting rid of the paramilitaries, the drug lords and so on, but killing innocent people and putting them forward as such is not the answer. Again, that is a horrendous human rights abrogation that needs to be 100% stopped, not just in part. There are over 1,000 victims, dating back 2003. Many of these young people from poor areas were actually paraded in such a manner. I think this is totally unacceptable. We need to take these things into consideration when we look at this trade bill.

For years, President Uribe publicly denied that the problem even existed. However, as we have seen, he fired members of his own military when he was forced to deal with the fact that it is happening, and it continues to happen to this day, according to Human Rights Watch and Amnesty International.

Corruption is another critical area. Politicians and military being linked to paramilitaries and drug lords is a common discussion. Again, both Human Rights Watch and Amnesty International continue to talk about this and continue to mention the crises in this area.

Because of this, it is essential that the government does a human rights impact assessment before any free trade agreement is implemented or passed in the House. A human rights impact assessment is absolutely critical to ascertain what is happening, to what extent innocent people are being killed, abducted and removed every day for the sake of economic progress.

These recommendations are not new and they are not new to the government. In fact, all the government members supported it. The recommendations from the report of the Standing Committee on International Trade entitled “Human Rights, the Environment and Free Trade with Colombia” stated that improvements needed with regard to displacement, labour laws and accountability for crime have to happen before a bill goes through and that government must show a more constructive attitude to human rights groups in the country, again, before any bill goes through.

This again was supported by all members on all sides of the House. None of these recommendations were considered before an agreement was signed in November 2008, before the report was even tabled in the House. I find that very disturbing. The reason the standing committee did all that work was to address these issues. They need to be addressed in this instance; otherwise, we will be an accomplice, in a sense, to what is going on.

Let us look for a moment at labour. Colombia has led the world in the killing of trade unionists. Some 2,600 people have died since 1986. Just imagine, 2,600 unionists, union leaders, trade leaders have died since 1986. If that were to happen anywhere else in the world, we would be appalled. This is what is happening in Colombia. Mostly this has been attributed to paramilitary groups who have deliberately targeted unionists who have been getting in the way, by giving people rights, employment rights. The paramilitary does not want any of that.

More than 400 of them were killed under Uribe's government. So the killings go on. While it has come down somewhat, it is still going on, and 60% of all trade union related deaths in the world occurred in Colombia last year. That is a huge number.

As a result of pressure, some changes have happened in Colombia. Some of the pressure has come from the United States. Violence has been the major roadblock for the U.S. government signing the FTA with Colombia, so Colombia has made some efforts to deal with the problems of impunity and in the justice system. That has brought down some of the problem, but it has not resolved it.

In response, again to the U.S. Congress, Colombia was prompted to work with international labour organizations to improve the situation of trade unionists being killed or abducted. All this activity has resulted in the appointment of specialized staff for a prosecutor's office to effectively prosecute those responsible for assassination of union members.

That is a good move, obviously, and some things are beginning to change. However, when we look at the statistics, in 97% of the cases there have been no convictions. The convictions were consistently low under Uribe, but they jumped to 43% in 2007, and 53% as of October, resulting from pressure from the U.S. Again, the lack of convictions was high in the early parts of Uribe's administration and they have jumped up. With the insistence and with pressure from the United States and others, we can see that is having some impact.

The labour side agreement that is part of the bill is not as strong as the NAFTA labour agreement and the government is subject to a fine to a maximum of $15 million but this does not help labour in any way. Labour does not have a say. Labour is not part of the dispute mechanism and therefore it does not improve the situation in any way. Again, not only does the labour agreement need to be stronger than NAFTA but not weaker. That needs to have a proper assessment. It needs to be looked at and it needs to be assessed.

The tribunal that has been set up for disputes I do not think will be very effective. As I said, it does not have legal representation on the tribunal. We cannot have a situation where money is fined but the government makes the decisions and labour is not part of it. Labour is an intrinsic part of this. What has been happening to the labour movement in Colombia is absolutely atrocious. It is an issue of human rights. In order to protect the labour movement, it needs to be part and parcel of the decision and the side deal needs to be strengthened. Otherwise, it will be meaningless.

President Uribe indicated more recently that he wants to amend the constitution to run for a third time, which is another troublesome part of this whole area. He now has a popular rating approval of 70% to 80%, so this is not out of the realm of possibility that he will actually do this. However, this would have serious implications for democracy if this were to move forward. Yes, he has support of 70% to 80% because to some degree violence has come down, but it does not address the large number of issues that I just mentioned before in regard to the large number of people who have been displaced, the labour movement and corruption.

It is very troublesome when a government comes to the end of its term and then decides to amend the constitution to give itself more time. That is not the mark of a strong democracy nor will it help to stabilize the situation in Colombia.

In several instances Uribe has denied problems existed but then has only acted under pressure from the U.S. when it found that in fact there was a problem and he had to hold the assassins of the trade unionists accountable.

I can give other examples. Human Rights Watch and Amnesty International have pointed out that an arrangement was made with the United States to extradite drug lords to the U.S. to be tried only for drug trafficking and not for the human rights atrocities and for the killings and murders that they committed in Colombia. Some of them have been convicted for up to 20 years in jail but are not facing war criminal charges.

Again, the international community should be concerned about this. By extraditing them to the U.S. to be tried under drug laws is serious, but it is almost nothing compared to what they should be getting. They should be tried in the proper courts for crimes against humanity. This is something that needs to be looked at and discussed. Serious human rights implications must be addressed and are not being addressed. This is why an independent human rights impact assessment is needed before any document is signed. It is needed badly. As I said at the outset, the Conservative government is moving toward tied aid. This is an area that really bothers me to no end tremendously.

If a South American country wants aid, then it had better sign a free trade agreement, it seems. This what the government seems essentially to be saying. If there is a free trade agreement, then there will be aid. Aid should not be tied to a free trade agreement and should not be tied to Canada's economic success. It should be untied aid. Otherwise, we are being total hypocrites and we might as well shut down the Canadian International Development Agency completely. This is totally unacceptable.

That is why the government is abandoning Africa. Again, it goes back to that. We do not hear any economic bilateral agreement in any of the discussion with Africa.

We must ask a number of questions. Tied aid is unacceptable. Tying our economic success to free trade is not acceptable. We should be working for the benefit of the country. That is what international aid is about.

The government should slow the bill down and do a human rights impact assessment immediately because that has a social impact as well. A stronger labour side agreement needs to happen. What we have now is not good enough.

A CIDA assessment needs to be done. The House is owed a report from the minister responsible for CIDA telling us what kind of development assessment CIDA has done and what it has to say about how this trade agreement would impact the poor people of Colombia. Is it going to hurt them or is it going to benefit them? If the balance of the trade agreement is negative for the poor people of Colombia, then the government and Parliament has no business approving this document.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

May 25th, 2009 / 3:35 p.m.
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Conservative

Ron Cannan Conservative Kelowna—Lake Country, BC

Mr. Speaker, the fact is Colombia is a country facing ongoing challenges.

I had the opportunity to travel there last May with several members of the committee and I saw firsthand the challenges it is facing. I also saw some of the great advances it has made, especially within Bogota, which has a population of approximately seven million people. It is a very progressive city with a university. There is excitement and enthusiasm on the part of the younger generation who see opportunities with the advancement of trade. They hope to learn from countries such as Canada.

We had an opportunity to see firsthand some of the Canadian companies. They act as role models with their social-corporate responsibility and are providing proper human rights and labour standards for other countries to follow. As a matter of fact, Connie Watson, who is a Latin American correspondent for CBC News, followed us around.

A leader of the trade committee asked local officials if the free trade deal would help the situation or not and the overwhelming response was yes. They welcome investment, especially with respect to roads, schools and jobs for the displaced people, 40% of whom cannot find work in the city.

If we exclude this agreement and just leave Colombia to the status quo, how would that advance the cause of human rights and the economic opportunities that the Colombians see through a free trade agreement?

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

May 25th, 2009 / 3:40 p.m.
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Liberal

Maria Minna Liberal Beaches—East York, ON

Mr. Speaker, I am not suggesting that nothing is going right in Colombia, that there are not some good things happening. I mentioned them in my speech.

I do believe that human rights issues are not automatically resolved by the signing of a free trade agreement. As we have seen in some other parts of the world, trade agreements tend to help those who are already well off and those who are poor tend to be left behind.

In and of itself, Colombia does not address human rights situations. Colombia has a specific huge humanitarian problem with displacement and the forcing of people off their lands, which are very rich in minerals and oil. It also has a problem with the killings and so on.

As a result of the unique situation in Colombia, it is important that we do a human rights impact assessment and that we include in the body of the agreement human rights, social and labour issues. They need to be part of the agreement, otherwise it will make matters worse.

I am not suggesting that everything in Colombia is bad, but when we look at the whole picture, the situation is far too serious. Human rights abrogations are far too serious. Instability is still far too serious. The activities of the paramilitary and the drug lords are still far too aggressive and are still going on in parts of the country. People are still being displaced and pushed off their lands. Human rights abrogations are going on every day. We need to ensure that this agreement deals with those assessments before it is signed.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

May 25th, 2009 / 3:40 p.m.
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Bloc

Serge Cardin Bloc Sherbrooke, QC

Mr. Speaker, I would truly like the member to tell us whether or not the Liberal Party will support Bill C-23, Canada-Colombia Free Trade Agreement Implementation Act.

I believe she said that an independent body must monitor the evolution of human and labour rights and environmental standards. That was one of the committee's recommendations that the Liberal Party supported at the time. According to the Liberal critic for international trade, and despite the Liberal platitudes about an independent body to monitor and, above all, guarantee ongoing improvement in human rights, it seems that the Liberal Party will support Bill C-23 even before the committee's recommendations are considered and implemented.

What is the real position of the Liberal Party on Bill C-23? Will it vote for implementation of the Colombia free trade agreement?

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

May 25th, 2009 / 3:45 p.m.
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Liberal

Maria Minna Liberal Beaches—East York, ON

What I am saying, Mr. Speaker, is that the bill needs to be changed, that the standing committee report needs to be taken into consideration, and that there is time for the government to take another look at this bill, to take into consideration the standing committee report which addresses the issue of human rights along with the labour and environmental side deals. We are asking, as many other members have already mentioned, that there be an environmental impact assessment done.

I am personally also saying, because of my own work in this area, that the minister responsible for CIDA should also come forward with some recommendations and an assessment to show the benefits or lack thereof that this bill would in fact provide for the vulnerable people of Colombia.