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”.

Second ReadingCanada-Colombia Free Trade Agreement Implementation ActGovernment Orders

November 17th, 2009 / 1:55 p.m.
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Bloc

France Bonsant Bloc Compton—Stanstead, QC

Mr. Speaker, I would like to know what my colleague thinks of this Reform government, which is in favour of law and order for everything that moves but is currently negotiating an agreement under Bill C-23 with narco-politicians, even though that is totally contrary to its ideology.

Notice of time allocation motionCanada-Colombia Free Trade Agreement Implementation ActGovernment Orders

November 17th, 2009 / 1:50 p.m.
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Prince George—Peace River B.C.

Conservative

Jay Hill ConservativeLeader of the Government in the House of Commons

Mr. Speaker, I rise on a point of order.

An agreement could not be reached under the provisions of Standing Orders 78(1) or 78(2) with respect to the second reading stage of Bill C-23, 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.

Therefore under the provisions of Standing Order 78(3), I give notice that a minister of the crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at the said stage.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

November 17th, 2009 / 1:40 p.m.
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Bloc

Guy André Bloc Berthier—Maskinongé, QC

Mr. Speaker, I rise again to speak to Bill C-23, the Canada-Colombia Free Trade Agreement Implementation Act.

In 2007, the Conservative government stepped up negotiations with Colombia to conclude a free trade agreement and promote the government's foreign and trade policy in the Americas. Ironically, the Canadian government intensified its talks with the Colombian government at a time when U.S. negotiations with Colombia had just been blocked, as members will recall, because of the many human rights violations in that country and its lack of real labour and environmental measures.

These issues are the reasons why the Bloc Québécois is opposed to this bill. We believe that signing a free trade agreement with this country raises very serious problems, because Colombia has the worst human rights record in the hemisphere. That is not insignificant. These issues are also the reasons why the House of Commons Standing Committee on International Trade, of which I was a member at the time, decided to conduct a comprehensive review of the appropriateness of an agreement with Colombia.

But lo and behold—and I think it is important to remind the members of the House about this—on June 7, 2008, after just five rounds of negotiations, the Conservative government officially announced that a free trade agreement had been concluded with Colombia. The Minister of International Trade confirmed the free trade agreement, even though the Standing Committee on International Trade, which was studying the possibility of such an agreement, had not yet heard all the planned witnesses, produced its report or submitted its final recommendations to the House.

The Conservative government invested thousands of dollars to send the Standing Committee on International Trade to meet with various stakeholders in Colombia. We met with union representatives, members of the government and civil society groups. After meeting with all these people, the committee was supposed to report on this mission and all the consultations. But the agreement was signed before the committee made its report to the House. This is shameful.

Last Saturday, I read an article on the front page of Le Devoir, explaining how the Conservative Party does not respect the work done in this House, or in the various committees. For all intents and purposes, the Prime Minister is the only one to have powers. The ministers do not seem very present, and they do not seem very familiar with their files. So, the Prime Minister and his cabinet simply took it upon themselves to sign this agreement without respecting the parliamentary process, which is about reviewing studies, committee reports and reports presented to the House.

Again, I think that Quebeckers are increasingly aware of the fact that the Conservative Party does not respect the will of the House of Commons, or the rules of Parliament. It simply does as it pleases. It deals with the legislation without any ethics. It does not respect any values. It does not care about the fact that all MPs in this House should have their say regarding an agreement or a bill. In this case, we are talking about the free trade agreement with Colombia.

During our trip, we noticed some serious human rights issues. The murdering of human rights activists, trade unionists and people who are simply seeking a better life is still a reality in Colombia.

It is through force and repression that the Colombian government is implementing its neo-liberal economic model. Over the past 10 years, Colombia has been torn by unprecedented violence. Thousands of people have disappeared and over 2,500 trade unionists have been assassinated, which accounts for 64% of all the unionists killed in the world.

Right now, we have a Conservative government that is prepared to sign a trade agreement with the Uribe government. However, Uribe himself and a number of his parliamentarians are facing court proceedings for activities that are said to be improper, to put it mildly.

The Conservative government and the Liberals know that the situation in Colombia is not ideal. There is poverty and violence. Moreover, services are hard to access. I was shocked and devastated by the scope of population displacements, which is a tragedy in itself. Entire populations are relocated in suburbs of the capital, because mining companies come and settle on the land and just get rid of the populations that live there. These companies take these people's homes and lands, and they send them to live in shantytowns, so that they can begin their mining operations and, ultimately, exploit workers. These companies organize things so that workers cannot protect their rights, their conditions and their quality of life. They are then in a position to exploit these workers even more.

This free trade agreement is unfortunate for Quebec and all of Canada. We are signing with Colombia an agreement that only protects mining companies and that allows them to get rich at the expense of Colombia's workers and environment, by exploiting and displacing thousands of people and sending them to live in shantytowns. The agreement is very helpful in this respect. We must say so, because it is shameful. It is incredible that the government would behave in this fashion.

Our committee prepared a report and made recommendations. Now, even though the Conservative Party did not read that report, the fact remains that the committee did an important job of examining the impact of this agreement.

But the government decided to sign the agreement even before the committee had presented its report. It is with this in mind that the amendment presented today by the Bloc Québécois is worded. The message sent by the government to parliamentarians is: regardless of what you may think and say, we are going to do as we please. The Prime Minister does as he pleases. Worse still, he said the same thing to the large number of witnesses who came to express their views on this agreement.

We cannot support the government's scornful, stubborn attitude. We condemn and refuse to accept its authoritarian approach. Most importantly, we will never accept an agreement with a country that does not respect the basic human rights of its own people.

Despite countless human rights violations, the Canadian government, with Liberal support, wants to sign a free trade agreement with Colombia.

Neither the Conservatives nor the Liberals seem to care about all of the murdered union members. Both the Conservatives and the Liberals seem to be unfazed by failure to respect the environment.

Human rights will be trampled in the interest of promoting free trade. The Bloc Québécois cannot accept that.

Unlike the Conservative Party, the Bloc Québécois is not made up of narrow-minded ideologues. And unlike the Liberal Party, the Bloc Québécois is not opportunistic, nor does it hesitate to defend the values of Quebeckers.

We are against this free trade agreement between Canada and the Republic of Colombia because it is a bad agreement, and I urge all parliamentarians to reject it.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

November 17th, 2009 / 1:25 p.m.
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NDP

Brian Masse NDP Windsor West, ON

Mr. Speaker, we have spoken to Bill C-23 a number of times. The member for Burnaby—New Westminster should be congratulated for continuing to work in a co-operative manner to seek a solution to the impasse we have with this trade agreement. This trade agreement is wrong on a number of fronts.

These debates also show us what has happened in the House of Commons. Essentially the Liberal Party is facilitating this policy, through the Conservatives, and it has been done in a very interesting way. The Liberals removed their previous member from the international trade committee, where they actually did have some reservations about this. The NDP and Bloc Québécois were solid in their position to have an investigative third-party evaluation before we went forward with this agreement, but the Liberals replaced their member with a former Conservative member who crossed the floor. That member has brought with him and the new leader an ideology of facilitating the Conservative government without any conditions at all.

It is unacceptable to stand here and not address the reality that a narco-state is being rewarded. It has a murderous agenda against its trade union members. It deals in cocaine, which affects many of the world population. Yet Canada wants to give it privileged access to Canadian markets. That is what we will do if the agreement goes forward without any terms or conditions. It has carve outs for labour and the environment and carve outs that allow businesses to trample on the rights of individuals. They could actually sue countries for their own interest rather than those of the population.

That in itself is bad enough, loading the deck to ensure that it has a balance against the balance of civil society, the elected members of the state and legislatures on both sides, in Canada and in Columbia. It also is a signal that we are telling the rest of the world that we are open for business with a narco-state, with a murderous agenda on trade union activists. We are not talking about just the mining activists, for example, who are fighting for workers' rights. People who are being murdered in Colombia are from the nurses union, teachers union and even from the prison union. They are from a number of different civil society organizations and bodies that have joined together, under the laws of that country, yet they keep getting killed or disappear. There is a pattern that can be, and has been by international independent analysis, traced back to the paramilitaries and to the governing party and the president. It brings it back to the state.

During this process, I had a chance to ask about some of those cases when the ambassador and representatives appeared before the committee. I read off four specific cases of people who were killed, recent trade union activists, men and women. I read their stories and I asked for a response. The representatives said that they had no response for those cases and that they would get back to me, which they did. They claim that every one of those cases was an act of passion by somebody in their relationship. It is absolute utter nonsense. The tribunals that have been established are not enough.

Canada is clearly telling the rest of the world that we are open for business, despite the crime, the corruption and the problems with that country. We will reward it first and give it privileged trade ability with our country. That is different from what has happened out there. The United States has put the brakes on this. It has realized, and it is a trading nation as well, that there is a responsibility for the governing body to bring this into line before the Colombians get privileged access to its market.

However, what are we doing? We are giving up. The Conservative government likes to huff and puff on crime all the time. How many times have I heard the Minister of Justice say that the Conservatives are going to crack down on crime, that they are going to produce all kinds of bills and policies. Interestingly enough, they do not even provide the proper supports in the system to implement those policies. It is very disingenuous. There is no way the justice committee can get through many of the bills that have been tabled, between the government bills and the private members' bills. The Conservatives keep announcing them and introducing them, knowing they cannot get through the system and that they will never see the light of day. Yet they are supposed to be cracking down on crime.

Why is it different internationally? Why can the Conservatives and Liberals not see that their actions are telling many other people across the globe that it is okay. It is a complete contradiction, but Canadians are not being fooled by the Conservatives or the Liberals.

For example, 50 prominent Canadians signed a letter to the Leader of the Opposition during their Vancouver meeting, which turned out to be bringing in a new leader without any type of discussion and no policy. That is their business, not ours. Regardless, those 50 prominent people did not even get an adequate response.

This is really important. Canadians understand where the Liberals have drifted. They have drifted to the benches over there. In fact, New Democrats are split up over here. What should happen is some of the Liberals should be over there and our group should be joined together. In fact, they can expand the bench.

I want to read from the letter to really get an idea of what we are talking about. Tique Adolfo, a trade union activist for agri-mining, was killed on January 1. Alexander Pinto of the prison trade workers union was killed by an unknown gunman. Over 2,000 activists over a number of years have been killed by unknown gunmen. Milton Blanco from the teachers union federation was killed on April 24, and there are many more.

It is sad because when we look at a country that should show leadership, it should be Canada. We were known for that in many respects, for being progressive, for being a country that was going to speak the truth to the powers that be, letting them know that if they wanted to work with us, we could do that. There have been many examples where we have, but at the same time, we would not give them the unconditional gift of access to our markets and to our people and a privileged relationship without any expectations.

That is what we have. Perhaps it is the influence of the mining industry in Canada. Perhaps it is just a grab for the agriculture elements. That is fine if we work with Colombia to change things. At the same time, there has to be a fair balance in this and that does not exist right now.

The debate began in 2008 when this was first announced. A standing committee went to Colombia to speak with officials, to see the things on the ground there. I know our member for Burnaby—New Westminster came back even more convinced that the approach should be to put pressure on the Colombia government, not rewarding it first by giving it this privileged trading relationship. We have trade with Colombia right now. That will not change. There is an engaged relationship to begin with, but to give in on a privileged trading relationship with no terms and conditions is unacceptable.

What is the government and the Liberal Party afraid of? Are they afraid to have an independent analysis of the entire trading agreement and the relationship and the issues that are taking place, where so many people are being murdered? Are they afraid they will find the paramilitary, the government and some of the cocaine and other industries tied together perhaps? Are they afraid that Canadians might wake up and realize that their tough on crime government, the Conservative Party of Canada, is so weak internationally on crime that it does not care if a narco-state gets access to a privileged trading relationship? It does not care if those drugs end up on the streets of Canada because we will trade with them no matter what. We will do it unconditionally and then hope the Colombians change their practices. In the meantime, they can continue to do what they are because we do not want to have any type of dissension. Nor do we not want to have our country being one that leads the way, that says that there has to be a sense of social justice, and trading principles are tied to that, to build a better world for all of us.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

November 17th, 2009 / 1:25 p.m.
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Bloc

Yves Lessard Bloc Chambly—Borduas, QC

Mr. Speaker, I thank my colleague for his question. Once again, the government is trying to deny a reality that cannot be ignored.

The member for Gatineau and I described the situation with the help of statistics from large conglomerates. The agreement between Canada and Colombia, Bill C-23, would legitimize something unacceptable: a company can expropriate an owner if the company wants his land. What is more, if the country's laws prohibit this expropriation, the company can sue the country for preventing him from investing and making a profit. That is totally absurd. This would let companies take power away from the government in terms of the management of land and natural resources. That makes no sense. That is what the Conservatives want to do, with the help of the Liberals. That is unacceptable.

The Bloc Québécois will do everything in its power to prevent these unbelievable economic crimes and human rights violations that are awaiting the people of Colombia.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

November 17th, 2009 / 1:10 p.m.
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Bloc

Yves Lessard Bloc Chambly—Borduas, QC

Mr. Speaker, I want to once again congratulate my colleague from Gatineau on his argument, and in particular for the work he does every day for the citizens of his riding, which he represents not only with brilliance but also with great effectiveness.

I want to continue along the line raised by my colleague, with some statistical illustrations.

The U.S. State Department and Amnesty International say that 350,000 more people were displaced in Colombia in 2007.

In 2008, over 380,000 persons had to flee their homes and workplaces because of violence. According to the Centre for Human Rights, in 2008 there was a 25% increase in the number of population displacements, and 2008 was the worst year since 2002 for population displacements.

Since 1985, nearly 4.6 million persons have been forced to leave their homes and their land.It has been estimated that 7% of the Colombian population has been displaced. Every day 49 families arrive in Bogota, the capital of Colombia, after being forced to leave their land. Indigenous people account for half of the Colombian population thus displaced. In fact, 8% of the total population has been displaced, and 4% are indigenous. These figures are very revealing.

These people are displaced because they have been evicted from their land by land exploiters, big landowners and property and mining conglomerates.

The latter do their work through pressure, threats and murder. They flood the land. When the people are forced to move, they have to take shelter in the cities, and shantytowns grow up. I have been to Bogota, Colombia. Right downtown there is a mountain of cardboard houses. Every day 49 families arrive in these places. The living conditions of these people are quite unimaginable. They used to have a small landholding, their own space to grow crops to feed their family, but they were uprooted from that land. In fact companies, including Canadian companies, have the right to expropriate the people.

The agreement that is before us confirms and upholds the rules of the marketplace that cause people to be exploited.

As my colleague from Gatineau said earlier, this is outright theft, and it is part of a state system. These people are forced, by the paramilitary and all the resulting abuse, to abandon their land. This creates poverty, unemployment, crime, truancy, water shortages, power shortages, etc. The city of which I speak is a shantytown at that central mountain in downtown Bogota. There is no electricity. When there is electricity it is thanks to extension cords. The people go to get electricity at the bottom of the mountain, and quite often the cords are unplugged. When the rains come, the mountain is washed out and often people lose their homes. These are houses made of cardboard or bits of wood.

You have to see this poverty to realize the extent of it. The government is aware that it exists. The Liberal Party is aware that it exists.

A committee went there, to Colombia, and was to report to this House to give the government an opinion before it introduced its bill. However, the government did not care about that and did not even wait for the report from the committee that went to witness the situation before introducing its bill. This situation is completely unacceptable for Colombians, but it is also unacceptable in terms of the democratic process in this House.

First, the opposition is against it and the party that forms the official opposition has not even bothered to do its job as the official opposition. A majority of the public has given the opposition a mandate to prevent acts like those that are currently being committed, in terms of legislation. The Liberals did not even bother to do their job as opposition with the mandate they received, with us, from the public, which is precisely to keep watch on this government. The public did not have enough confidence in this government and gave the opposition a majority so it would act vigilantly to protect us and protect the peoples with whom we do business.

It is quite scandalous to see how the Liberals are behaving in this matter and it also violates a tradition, now becoming somewhat remote, in the time of Prime Minister Lester B. Pearson. Because of his humanitarian positions, for example, for peace and humanity, he received a Nobel Prize. We are a long way from that. This is quite shameful. They have tarnished the reputation of those people, whose conduct in relation to human rights was exemplary, even if they did not have the same political allegiance as us. In that respect, I would say that the conduct of the present Liberal Party regarding this bill is quite shameful.

In terms of protecting the rights of workers, which my colleague has spoken about, since 1986, 2,686 trade unionists have been killed. As I said a moment ago, I went to Colombia twice, in 1974 and 1976, on cooperation missions, to establish food, agricultural and housing cooperatives. So I have had an opportunity to work with those people. At the time, in 1974 and 1976, I found the situation to be abominable and I thought that the situation had improved today.

The more I have thought about this in the last few months, the more I have realized that not only has the situation not improved, the violations of human rights have been refined. Often, they are less visible and they give people like the Conservatives and Liberals pretexts for claiming the situation has improved. Well, the situation has not improved, and we have the statistics to show that 2,686 trade unionists are dead. As soon as trade unionists start making demands, they are in trouble. There were still murders in 2007. There were 39 murders of trade unionists, an increase of 18% in one year.

I could continue like this, but I am told I have only one minute left. My colleagues are certainly going to ask me questions and so I will be able to fill in a bit more. The Bloc Québécois will definitely not approve a bill like this. Bill C-23 is unworthy of being voted on by a Chamber such as ours and we are not playing that game. We have too much self-respect to do that and we have too much respect for the people who voted for us to do that.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

November 17th, 2009 / 12:55 p.m.
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Bloc

Richard Nadeau Bloc Gatineau, QC

Mr. Speaker, I rise to speak to Bill C-23, Canada-Colombia Free Trade Agreement Implementation Act.

First of all, the Bloc Québécois will be voting against this bill, because it is an insult to human rights. The Conservative Party should be ashamed of itself for coming up with this bill, for trying to make us believe that it will create jobs in Colombia, when what it will actually do is help drug traffickers, many of whom are in power, to make money on the backs of workers. It is shameful. We are here in the House today to remind those people who claim to be “tough on crime” that they simply want to do business with a government that does nothing less than allow paramilitary groups to kill its own citizens, unionized workers and people who work in the mines in order to line the pockets of the criminals who run the government. It is scandalous.

The Canadian government's main motivation for entering into this free trade deal is not trade, but rather investments. Given that this agreement contains a chapter on investment protection, it will make life easier for Canadians investing in Colombia, especially in mining. What does that mean? In 1995, a Canadian corporation, Colombia Goldfields, signed a mining contract with a rich Colombian local family to extract gold from a mine that until then had been artisanally mined by the inhabitants of the Rio Viejo region. At the same time, paramilitary forces killed 400 people and displaced over 30,000 people from that region. That was to make money on the backs of workers. They did so by taking up arms to kill people and force 30,000 citizens out of that region. All that to allow a Canadian company to make money. That money is tainted by the blood of those people. Is that what we want to pass here in the House? It is scandalous. We must not sign such an agreement.

Judging by all the investment protection agreements Canada has signed over the years, the one that would bind Canada and Colombia is ill conceived. All these agreements contain clauses that enable foreign investors to sue a foreign government if it takes measures that reduce the return on their investment. Such clauses are especially dangerous in a country where labour and environmental protection laws are uncertain at best. By protecting a Canadian investor against any improvement in living conditions in Colombia, such an agreement could delay social and environmental progress in that country, where the need for progress is great.

Colombia's human rights record is one of the worst in the world. With the conclusion of this free trade agreement, Canada would deprive itself of the ability to exert pressure on the Colombian government to improve its human rights record.

The Conservative government keeps telling us that it is combining the free trade agreement with a side agreement on labour and another on the environment. Such agreements are notoriously ineffective. They are not part of the free trade agreement and so investors could destroy the rich Colombian environment with impunity, move communities to make it easier for themselves to establish their mines and continue to assassinate trade unionists.

As for the free trade agreement itself, the Bloc Québécois is not prepared to trade the ability of the government to exert pressure to promote respect for human rights for the ability of Canadian companies to invest abroad, companies that would make money at the cost of Colombian lives. That is absolutely disgusting.

The Bloc Québécois and the NDP have very good reasons to oppose this bill. In Canada, not only the opposition is against this bill, but 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.

In Colombia, the coalition of social movements and organizations of Colombia 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. All these organizations are opposed to this totally unacceptable agreement.

Colombia has one of the worst human rights records in Latin America. Listen to this. The crime statistics point to a very sinister side of Colombia. In 2008, the crimes committed by paramilitary groups increased by 41%, in comparison with 14% the previous year. There was a 9% increase in the proportion of crimes committed by government security forces. Even though the number of crimes is rising, the perpetrators remain as immune as ever. Only 3% of crimes end in a conviction.

Canada is going to invest in this country on the pretext that it will help the economy. That is not true. If this agreement is signed, Canada will help the rich get richer by crushing the people. People in the middle ages were respected more than people today are by this political party, which is bent on disgracing Canada. No government on earth can accept this sort of situation, especially since our country is supposed to be democratic. A democracy has principles of law. I hope that these people will listen to reason. They will if they have a conscience. Mr. Speaker, I know that you have a conscience and that you will talk some sense into these people.

Since 1986, 2,690 trade unionists have been murdered in Colombia. Though the number of murdered trade unionists dropped somewhat after 2001, it has risen again since 2007, when 39 trade unionists were murdered. In 2008, the number jumped to 46, an 18% increase in one year. They are murdering trade unionists, people who defend workers. Who is doing the murdering? Colombian paramilitaries are, with support from the state.

And now the Colombian state has suddenly become angelic? We are not fooled. These people only have money in their hearts and on their minds. They have no respect for their fellow Colombians or for human rights. What is more, they have no respect for Quebeckers and Canadians who do not accept this way of thinking. At the risk of repeating myself, this is totally unacceptable.

According to Mariano José Guerra, regional president of the Colombian trade union federation, thousands of people have disappeared and unions continue to be persecuted.

For these and many other reasons, we have to vote against Bill C-23.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

November 17th, 2009 / 12:40 p.m.
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NDP

Thomas Mulcair NDP Outremont, QC

Mr. Speaker, I am also pleased to speak to Bill C-23, which the Conservatives would use to force Canada, if they have their way, to enter into a free trade agreement with Colombia.

A number of speakers before me have clearly shown that, unlike most international trade agreements, this agreement does not acknowledge the importance of enforcing respect for human rights.

The Conservatives have managed to convince themselves that by signing a free trade agreement with Colombia, we would miraculously be creating a new set of conditions that would have Colombia respect human rights from this point forward.

That is just not the case. Even the Americans, who the Conservatives emulate in international matters, are saying that they will never, ever sign a free trade agreement with the current Colombian government for the simple reason that they recognize, as we in the NDP do, that, unfortunately for its inhabitants, that country does not respect basic rights and the right to free association and union rights, in particular. Hundreds of union members and leaders have been murdered without any apparent consequence in that society, and this is but one of many examples.

Out of the ruins of the second world war, pioneers like Jean Monnet, Konrad Adenauer and Robert Schuman achieved one of the greatest successes in the history of the world when they took countries that had been at war for centuries, if not millennia, and built what is now the European Union. But you have to walk before you can run. They at least had a common foundation in their desire to respect human rights. It started with an agreement covering coal and steel, which became a common market, then an economic community, before turning into the true union we know today. But this is a union that continues to respect human rights, because that was one of the values on which it was built.

There is no similarity here. We are talking about a country that the Conservatives would like to see improve its human rights record, but that is not happening.

Moreover, I have news for the Conservativechief government whip, who decided a few weeks ago to give us a lesson in morality when he said that he was apparently offended because the opposition was daring to play its role as the opposition. He gave us a finger-wagging lesson in morality, saying that that is not how to make Parliament work. If I understood the Conservative Party's chief whip correctly, making Parliament work means giving the Conservatives everything they want. That is not how things work in a democracy, but it speaks volumes about this government's attitude and why the Conservatives do not see any problem in proposing a free trade agreement with Colombia, something the Americans would never do.

In fact, by debating the amendments and subamendments to Bill C-23, we are complying fully with the rules of our parliamentary institutions. We will not be lectured on morality by a government that is trying to force passage of a bill that would mean signing a free trade agreement with a country that does not respect human rights.

We will not stand for that. They can carry on admonishing us and telling us how dissatisfied they are with the results, but they are in the minority. There is an important lesson in this for anyone who might be thinking of making a change for the worse if they ever win a majority. The consequences of that are clear in the wording of Bill C-23. This bill belies the Conservatives' ideals: even if a country does not respect human rights, as long as business is good, nothing else matters.

All of the Conservatives' empty words about respecting human rights can now be examined and understood in light of what we have before us today.

The emperor has no clothes. This government talks about respecting human rights, but what it really wants is a free trade agreement with a country that systematically denies people their basic human rights.

The New Democratic Party believes that we must begin by strengthening the ability to enforce respect for human rights within Colombia. If asked, we should not hesitate to use our democratic institutions' experience to help Colombia.

But if we sign this agreement now, we will be sending the Government of Colombia the message that it does not need to make an effort to improve its human rights record because we are prepared to sign an agreement with the current Colombian government.

We must avoid sending that message at all costs. If Canada is serious and wants to become a champion of democratic values once again, we must stand up and say that an agreement like this one with a country that does not respect human rights will never make it through this Parliament.

One of the things that was the most surprising in this debate with regard to this proposed free trade treaty with Colombia was to hear the whip of the Conservatives, index finger wagging under our noses, telling us that we did not understand democracy because democracy was giving the government what it wanted. He said that we were not making Parliament work because we were not giving the government the free trade deal that it wanted with a government that does not respect human rights in Colombia. I have news for him. We are respecting every single rule of our Parliament and the institution that it represents in our democracy.

What we are saying is that it is wrong to sign a free trade deal with a government that does not respect human rights. We are going to use our ability as a major player in Parliament to do something that the Liberals do not do, which is to stand up for human rights, to stand up for democracy, and to stand up for principle.

I have a series of letters from groups around the country complaining that the Liberals are not doing what they claim to do, which is to stand up for human rights. It is a good thing that the NDP and other members of the House have stood and used their voices to say yes to greater relations with all countries, yes to using our parliamentary institutions, our experience and our human rights record to help people build capacity to respect human rights, and no to a free trade deal that sends the wrong signal.

It sends the signal that there are no problems in Colombia, that the murder of hundreds of trade unionists is something we would accept, whereas it is completely unacceptable based on all international principles and understanding of human rights, and democratic values around the world.

Shame on the Conservatives, those great givers of lessons before the eternal, those great finger waggers with regard to everyone else's behaviour. Shame on them for proposing a free trade deal rather than requiring that an effort be made in Colombia to bring up its standards of human rights, its respect for people, and its respect for social rights. That is a major difference between Colombia and us.

Shame on the pathetic Liberals, as usual talking out of both sides of their mouths at the same time, daring to say that they want to have Canada once again become a voice in the world. They are pathetic. All the correspondence in this file shows that the groups that once supported the Liberal Party now realize that there is only one strong principled voice for human rights in the House and that is the New Democratic Party of Canada.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

November 17th, 2009 / 12:25 p.m.
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Bloc

Josée Beaudin Bloc Saint-Lambert, QC

Mr. Speaker, I am pleased to add my comments to the debate on Bill C-23, Canada-Colombia Free Trade Agreement Implementation Act, now before the House. I am pleased to also express my opposition to this legislation, primarily because of human rights issues, as we have been stressing over the past few weeks.

As with everything else, before making a decision it is important to weigh the pros and the cons, to hear the arguments on both sides, and then to take into consideration the fine distinctions that are overlooked in the basic arguments. It is not out of ideological stubbornness that the Bloc Québécois is opposed to this bill. I know the Bloc critic on international trade quite well. He is a serious person who would not let his parliamentary duty be tainted or marred by restrictive ideological straitjackets. So, I can say with certainty that our party's position on the legislation before us today has much more to do with a careful review than with irrational stubbornness, contrary to what some parliamentarians suggested during their usual display of petty partisanship.

One has to be very shortsighted to not realize that our position is shared by a large number of organizations, including unions, workers advocacy groups and human rights groups, both in Canada and in Colombia. “We are not alone”, as Michèle Lalonde says in her poem. There are many who, like us, think that supporting Bill C-23 would be “shooting ourselves in the foot”, this for a number of reasons.

Indeed, to agree with this legislation is to condone serious and even very serious human rights violations affecting social, economic and even fundamental rights. There are many examples of that.

For instance, it is estimated that, since 1986, close to 2,700 trade unionists have been killed. In 2007 alone, 38 were assassinated because of their commitment.

According to France's national institute for demographic studies, in the year 2000, Colombia had by far the highest violent death rate in the world, with 60.8 violent deaths per 100,000 population. This was far more than Russia, which came in second with a rate of 28.4 homicides per 100,000.

By comparison, Canada had a rate of 1.78 per 100,000 for that same year. So, we are talking about a rate that is 34 times higher than that of Canada.

To claim that a treaty can improve humanitarian conditions is to delude oneself. It is the contrary that should occur. Indeed, the improvement of the social conditions should be a prerequisite to signing a free trade treaty.

Canada does not have to be a global cop enforcing what is morally right, but it has a duty to refuse to condone things that happen elsewhere, but that would not be tolerated here. It is because of this same principle that we cannot accept the unconditional transfer of Afghan prisoners, without any guarantee that they will not be mistreated. Otherwise, we are more or less part of a subcontracting process involving basic right violations, whereby the government shirks its responsibilities on the pretext that these violations are not occurring on its territory. The government should know that moral obligations do not stop at the border.

Beyond the humanitarian dimension of the situation in Colombia, and regardless of the good and not so good reasons that should make us accept or reject this bill, there is one aspect that remains profoundly unacceptable, namely the utter contempt for democratic institutions shown by the Conservative government in signing the free trade agreement, without even waiting for the committee's report.

That adds another string to the bow of Conservative hypocrisy. Was it not the Prime Minister himself who used to castigate Paul Martin’s Liberals for running roughshod over the will of Parliament? Did he not proclaim loud and long that, if elected, he would make it a point of honour never to disregard the will of the House?

Obviously these were hollow words that soon yielded to actions that speak a lot more loudly and show the true face of the government, which cannot accept its minority status.

So even if we had agreed with the spirit of this bill, which we do not, we would have been forced to object to the way it was handled in actual fact.

This made the front page of last Saturday’s Le Devoir, as my colleague mentioned, and I quote: “Democracy in crisis”. In this devastating article, the excellent journalist Manon Cornellier writes the following in her introduction: “Stephen Harper rules: his ministers play second fiddle, committees have fallen out of favour, and debates are ignored. Neglected, held in contempt, Parliament is in deep trouble”. She goes on to quote Peter Russell, an emeritus professor at the University of Toronto who could hardly be described as a nasty separatist. He is unequivocal, though, saying that the Prime Minister does not take the House of Commons seriously as a forum of national public debate, which only encourages the further marginalization of Parliament.

There are numerous examples: the manuals given to committee chairs on techniques for slowing and sabotaging the work when things are not going the Conservatives’ way; their contempt for private member’s bills, even if the bills pass all stages of the legislative process; their refusal to give royal recommendation to these bills; the use of public funds for partisan purposes; and the constant appeals of decisions made by Canadian courts. I could go on forever.

Yet this same government constantly urges the opposition to cooperate with it. They must have a very peculiar idea of cooperation to think they were encouraging it by short-circuiting the work of a committee.

What message does an attitude like that send to parliamentarians? Basically, their work is useless and the government could not care less about the conclusions they reach and the recommendations they make. In other words, no salvation outside the government, or should I say, outside the Prime Minister’s Office.

Passing this bill, agreeing to this treaty, would amount to approving, condoning, confirming, ratifying and assenting to a way of doing things, a view of parliamentary government that is so restrictive it poses a real threat to the democratic values of Quebeckers.

The end never justifies the means.

This reminds me of another flagrant example of the government’s inability to listen to either parliamentarians or the courts of the land, namely, the case of young Omar Khadr. I think there is a parallel here with a case whose historical importance should give us pause. I am thinking of what in France is called the Dreyfus affair.

If I may, Mr. Speaker, I would like to quickly remind the members what happened.

Alfred Dreyfus, a captain in the French army of Alsatian Jewish descent, was at the heart of a very important political and social scandal in the late 19th century. He stood accused of the most serious crime an officer could face, namely, high treason, after a note was found that gave details regarding the location of French troops during the Franco-Prussian war of 1870. He was quickly tried and convicted, but later appealed that ruling, knowing he had been the victim of a legal conspiracy. In fact, as history has shown, he was innocent. There was compelling evidence to support his theory that it was a conspiracy. Clearly, France wanted to make someone pay, to find a scapegoat for the French fiasco. A guilty party had to be found.

Thus, in seeking some form of justice, the French government was willing to convict an innocent man, someone it knew to be innocent.

One of the most outspoken individuals in this affair was certainly Charles Péguy, an author who is largely unknown today, but whose body of work was enormous. In Notre jeunesse, he wrote the following about the Dreyfus affair and what he considered a crime committed against him:

—that a single injustice, a single crime, a single illegality, particularly if it is officially recorded, confirmed, a single wrong to humanity, a single wrong to justice and to right, particularly if it is universally, legally, nationally, commodiously accepted, that a single crime shatters and is sufficient to shatter the whole social pact, the whole social contract, that a single legal crime, a single dishonourable act will bring about the loss of one's honour, the dishonour of a whole people.

I could go on. Ten minutes go by very quickly in the House. I will move on to my conclusion, for I believe I have made my point.

The way in which Bill C-23 was brought forward is another example of how this government tends to undermine the House. So people will understand why the Bloc Québécois could never vote in favour of Bill C-23, the Canada-Colombia Free Trade Agreement Implementation Act.

November 17th, 2009 / 12:20 p.m.
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Liberal

John Cannis Liberal Scarborough Centre, ON

Mr. Chairman, I just can't wait to debate Bill C-23.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

November 17th, 2009 / 12:10 p.m.
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Bloc

Christiane Gagnon Bloc Québec, QC

Mr. Speaker, there is a lively debate on the subject. As we see it, from the perspective we have on living conditions in Colombia, we can see that on the government’s side, everything seems rosy in Colombia. We are discussing Bill C-23, whose purpose is to implement the free trade agreement between Canada and Colombia, and in particular we are debating the Bloc Québécois amendment, which has sparked considerable debate here in this House.

After our review of Bill C-23, it is our opinion that we must refuse to pass this bill at second reading. The government concluded this agreement while the Standing Committee on International Trade was considering the matter. The government thereby demonstrated its disrespect for democratic institutions.

This week, Le Devoir published a long article by Manon Cornellier denouncing a crisis of democracy in Parliament. The article said that the committees are no longer held in high regard, that debates are ignored, neglected and scorned, and that Parliament is giving up on them. I could speak at length about this democratic deficit since the Conservatives have been in power.

We know very well that it is difficult to maintain a certain level of democracy and a certain respect for the opposition. But since the Conservatives were elected, it has worsened. Committee work is no longer what it used to be. It has even made the work of parliamentarians worse.

While the committee was considering the agreement with Colombia, the government flouted the work of parliamentarians and democratic institutions. This is one of the reasons why we oppose this bill. If we are not capable of showing the world that we have a democratically elected Parliament and that opposing voices are being expressed, if the work of parliamentarians is ignored, how can anyone have confidence in the legislation we want to pass, especially when that legislation will have serious consequences for Colombia?

With the possible signing of a Canada-Colombia free trade agreement looming, the Standing Committee on International Trade considered the issue and actually went to Colombia for this purpose. It went to Colombia to meet there with representatives of government, civil society, unions, and human rights advocacy groups. This committee was supposed to produce a report containing recommendations for the government regarding the signing of a possible free trade agreement with Colombia.

Yet it was not even back from its trip when the government completed its negotiations with Colombia and was ready to sign an agreement. The committee produced a report all the same. Naturally the government took no account of its recommendations. Now even the Liberals are ducking out, despite the fact that they were in agreement with those recommendations. I say this because it was already difficult to maintain some respect for committee work, but this has become worse with the advent of the Conservatives.

A second reason raised by the Standing Committee on International Trade is at the very root of the Bloc Québécois’ opposition to the signing of this agreement. It is important to note that our concerns are shared by many lobby groups, particularly human rights advocacy groups here in Canada and in Quebec, and also in Colombia. It would like to list a few of them. For example, here in Canada, there is Amnesty International, Development and Peace, the Canadian Council for International Cooperation and the Canadian Labour Congress. A number of unions have also come out against this agreement.

In Colombia, there are 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, the Black Community Process, and COMOSOC, a coalition of Colombian organizations.

As is apparent, the committee heard several witnesses who enlightened it about this agreement and the fact that it raises a number of questions. For example, it would not allow for Colombians’ living conditions to be improved if a Canadian investor were done out of profits.

It is understandable to want to implement measures to protect investments by Canadian or Quebec companies. But if an investment were threatened by government decisions that did not allow the company to make as much profit as it might hope, the company could then claim damages and have the matter heard by the courts.

As a result, according to the study the Bloc Québécois has done, this bill is very negative for Colombians’ living conditions.

As well, Colombia is not one of Canada’s leading trade partners. We wonder why the government wants to move ahead so quickly with this agreement. Imports were $644 million in 2008, and exports amounted to $704 million for the same year. Trade between the two countries is obviously very limited. We hear about wanting to protect investments and business transactions that take place between Colombia and Canadian investors, but the extent of the investments does not justify applying this clause in the case of Colombia.

A majority of these investments are in the mining sector and the extraction industry. It is important to consider that fact if we want to assess the importance of the investor protection clause in the free trade agreement between Colombia and Canada. The first aim is to make life easier for mining investors in Colombia. It has to be understood that it is common practice to incorporate an investor protection clause in a free trade agreement, and the Bloc agrees with that, to create a foreseeable environment for the investor so that it will not have its property seized or there will not be nationalization without compensation.

The Bloc Québécois is very aware that this is an issue for investors. But there has been some drift in this regard. As well, Canada incorporates an investor protection chapter in the free trade agreements it negotiates that is modelled on chapter 11 of NAFTA. What does chapter 11 of NAFTA provide? Foreign investors may themselves apply to the international tribunals, bypassing governments. The concept of expropriation is so broad that any law whose effect was to reduce an investor’s profits may amount to an expropriation and result in legal action. The amount of the claim is not limited to the value of the investment, as I was saying earlier, it includes all potential profits in future, and in our opinion that is completely excessive. It means that if a law cut into a foreign investor’s profits, the government of the country where the investments were made would be exposed to fantastically high claims.

The intention of the Conservative government regarding this agreement is clear here. Under the Liberals, incorporating an investor protection clause in free trade agreements modelled on the clause in chapter 11 of NAFTA had become common practice, and that is clearly a response to demands by multinationals. That is why I said just now that we thought the Liberals would support us and not agree with this, but clearly they are going back to their old habits and perhaps they are now ready to reconsider how they will be voting on this bill.

In Colombia, 47% of the population live below the poverty line, and 12% live in dire poverty. The unemployment rate is the highest in Latin America. Instead of putting on rose-coloured glasses as the Minister who spoke for the Conservative government was just doing, if we look at Colombians’ living conditions, there is every reason to believe that this government does not care at all how the people there live and how we might improve their living conditions.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

November 17th, 2009 / 11:40 a.m.
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Bloc

Ève-Mary Thaï Thi Lac Bloc Saint-Hyacinthe—Bagot, QC

Madam Speaker, as the Bloc human rights critic, I am very pleased to speak today on a matter as important as the bill regarding free trade between Canada and Colombia.

This is not the first time that my colleagues in the Bloc Québécois and I have risen in this House to criticize the Conservative government's stubborn support for industry without regard for the rights of workers and with contempt, even, for human rights. We need think only of the employment insurance program, which, in recent years, has become a supplementary tax on employees and employers. Then there is Bill C-391 aimed at abolishing the requirement to register long guns with the Canadian gun registry, the failure of the mining companies to respect human rights when they are operating outside Canada, the failure to respect the rights of Omar Khadr and the matter of the return of Nathalie Morin and her children from Saudi Arabia. I must limit myself to these few examples, because the list is much too long and the time allowed me is much too short.

In a news release dated June 9, 2009, many Quebec and Canadian human rights organizations, including the Ligue des droits et libertés, expressed their indignation at the Canadian government's cynical commitment to human rights.

The Conservative government has rejected totally or partially 29 of the 68 recommendations made to it by the members of the Human Rights Council, including the most significant ones. With this sort of behaviour, the Government of Canada has once again shown its complacency, indeed its disdain for its commitments under the various international treaties it has signed.

It is blatantly clear that social values are not among the Conservatives' priorities and even less among their concerns. However, supporting business is top priority in their ideology, while human rights and often the environment are treated with contempt.

Bill C-23, the Canada–Colombia Free Trade Agreement, is further proof of the sad reality of the Conservative government. Money to it is far more valuable than the fate of people. To sign such an agreement is also to support the social injustice in Colombia.

Why ratify such an agreement when they know full well that Colombia offers one of the poorest records in Latin America in terms of human rights? When he appeared before the Standing Committee on International Trade, Pascal Paradis, of Lawyers without Borders, said that the UN and the Organization of American States considered that the worst humanitarian crisis was still going on in Colombia.

Many human rights groups are concerned about the possible links between the Colombian government and the paramilitary organizations responsible for most of the violations. So many crimes go unpunished in Colombia as a matter of course that human rights groups believe there is collusion between Colombian politicians and paramilitary forces. The figures speak for themselves.

In 2008, crime by paramilitary groups increased by 41%, compared to 14% the previous year. The proportion of crimes committed by the government security forces rose by 9%, which is unacceptable. Despite the increase in crimes, impunity continues, with charges being laid only 3% of the time.

Over 30 members of congress are under arrest in Colombia, including members of the president's immediate family, and over 60 are currently under investigation regarding their links to the paramilitary.

The Conservatives always say that the human rights situation has greatly improved, but we need to be very careful. It is less catastrophic but still far from ideal.

Let me provide a few more figures. Since 1986, 2,690 trade unionists have been killed. If the number of murders of trade unionists declined somewhat after 2001, it has been increasing again since 2007. Some 39 trade unionists were murdered that year, followed by 46 in 2008, which is an 18% increase in just one year.

According to Mariano José Guerra, regional president of the National Federation of Public Sector Workers in Colombia, “thousands of people have disappeared and the persecution of unions continues”.

It is hardly necessary to say that Colombia is one of the worst places on earth for workers’ rights. Trade unionists are targeted for their activities. They are threatened, abducted and murdered.

On this side of the House—or rather in this part of the House because I am stunned to see the Liberals supporting an agreement like this—we cannot understand why the Conservatives are insisting, with Liberal support, on negotiating an agreement with Colombia when we know that trade unionists there are very often targeted with violence.

Another problem facing the people of Colombia is forced displacement. Although the Colombian government says there has been a 75% reduction in these internal displacements, other people contradict this figure. The U.S. State Department and Amnesty International say that more than 305,000 people were forcibly displaced in 2007. In 2008, more than 380,000 people had to flee their homes and workplaces because of the violence.

The Centre for Human Rights and the Displaced says that in 2008 there was a 25% increase in the number of forced displacements in Colombia. Since 1985, more than 4.6 million people have been forced to leave their homes and their land. I mention their land because the rights of Colombian farmers are also threatened. As someone who represents a riding that is largely dependent on agriculture, I am very worried about the situation.

In proportional terms, the number of displaced people is estimated at more than 7% of the entire population. Every day, 49 new families arrive in Bogota. Native people represent 4% of the population but more than 8% of the displaced.

When we look at these figures, it is hard not to be worried about the impact of a free trade agreement. More and more people are being displaced for economic reasons. Small subsistence farmers and small miners are forced off their land in favour of big agri-food or mining companies, a trend that would be considerably strengthened by this agreement. The situation is intolerable, especially when we know that in order to achieve their ends, the people responsible for these displacements use pressure tactics, threats, murder and the flooding of land.

We in the Bloc Québécois are not against trade, but it cannot be at any price. We should globalize in a way that is fair. In the trade agreements before us today, nothing significant has been done to include clauses regarding respect for international standards on labour law, human rights and environmental rights. We are left wondering whether the Conservative government is actually a lot more interested in investments than in anything related to human rights.

As my party’s human rights critic, I am very concerned about the situation.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

November 17th, 2009 / 11:25 a.m.
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Bloc

France Bonsant Bloc Compton—Stanstead, QC

Madam Speaker, I thank my colleague. It is true that there is a new Quebec sovereignist in the family. One day, a minister said that we had to have children, and that is exactly what we are doing.

I want to talk about Bill C-23. We hear more and more about fair globalization and human rights. Even President Obama is talking more and more about the right to democracy.

I have a question for my colleague. Why is this Reform-Conservative government, that keeps introducing law and order bills because it wants to protect victims, negotiating today an agreement with Colombia, with the same people it wants to put in jail?

Why does this government think that it is as pure as the driven snow when in fact it is not? Is it because profits are given precedence over human rights and the right to live? As the saying goes, out of sight, out of mind. In other words, as long as it is not in our backyard, there is no problem.

I would like my colleague to explain why these Reformists have a double standard.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

November 17th, 2009 / 11 a.m.
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NDP

Jim Maloway NDP Elmwood—Transcona, MB

Madam Speaker, I am very pleased to rise to speak to the bill again.

Let me begin by following up on the comments made by the member for Mississauga South when he asked a question of the Bloc member. It certainly is the case that in 2008, the House of Commons Standing Committee on International Trade recommended that no agreement be signed with Colombia until the human rights situation there has improved. It also recommended that a human rights impact assessment be undertaken to determine the real impact of a trade agreement. The government, of course, has ignored this report.

With that information in mind and the fact we have known about this for a year now and that members of the House are very familiar with it, as it keeps being brought up over and over again, the issue is, why is the Liberal Party not opposing this trade agreement? Why are the Liberals complicit with the government in trying to ram this through?

I appreciate the member for Mississauga South, because I know that on this particular issue and others, I do not really think he is in sync with his caucus at all. The member for Kings—Hants has stood up in the House and the tone and content of his comments are certainly, to my mind, very different, if not the exact opposite. It sounds to me like there may be some sort of mini-war going on within the Liberal caucus over there, and I certainly hope that the member for Mississauga South could win on this one, because we are doing our best on this side to hold up the bill as long as possible, perhaps to give him enough time to win the war and to get his caucus members onside. He is quite aware that together we form quite a formidable force in the House. The three opposition parties actually are the majority, and if we could just get the Liberals onside on this particular issue, it would go a long way to stopping this initiative.

The history of the Liberal Party has been all over the place on this issue and many others, but certainly there is a core group in the Liberal Party that, I would think, is having a lot of difficulty supporting this particular free trade agreement.

Bill C-23, 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 was introduced in the House by the Minister of International Trade on March 26, 2009. Bill C-23 implements three agreements and the respective annexes signed by Canada and the Republic of Colombia on November 21, 2008. The first of these is the bilateral free trade agreement between Canada and Colombia.

The Canada-Colombia free trade agreement provides for the liberalization of various types of economic activities: trade in goods, trade in services, foreign investments and government procurements. It has already been pointed out by members of the Bloc and NDP how small this amount of trade really is. In fact the previous Bloc member suggested that this free trade agreement is all about the mining companies, the mining sector, and supporting the mining companies without any regard to the human rights record found in Colombia right now.

The two other agreements dealt with in the bill are side agreements to the free trade agreement, 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.

The environment agreement seeks to ensure that each party enforces its environmental laws. However, if a country does not have any environmental laws, it is hard to enforce them in the first place.

The labour agreement seeks to ensure that the domestic law of both states respects basic labour rights and is duly enforced. The latter agreement also provides for the possibility of resorting to arbitral panels to settle trade-related disputes that involve a persistent pattern of failure to comply with obligations under the labour agreement, an option that is not created in the environment agreement.

The wording in agreements can sound very good, but at the end of the day, it is the will, the implementation, and enforcement of the agreements that make them successful or not successful. We do not want to get involved in an agreement like this when we know that the basic bedrock, the basic infrastructure, is not there to promote the proper type of results we would expect from an agreement like this.

We in our party want to develop free trade agreements that promote fair trade. We on this side of the House are all in favour of reducing barriers and we are supporting fair trade as opposed to free trade. We have seen what sorts of agreements have been developed over the last few years with successive governments in this country. I recall the Liberal Party in 1988 and its leader at the time, John Turner, who was running his entire election campaign against the Mulroney government's Free Trade Agreement with the United States, and saying he was going to eliminate it if he became prime minister. Of course, the Liberals said they would eliminate the GST and do a lot of other things in their red book back in 1993, but which they totally ignored when they came to power.

Currently Canada is party to five free trade agreements, all of which have been implemented through legislation. There is the Canada-U.S. Free Trade Agreement, the North American Free Trade Agreement, the Canada-Chile Free Trade Agreement, and the Canada-Israel and Canada-Costa Rica free trade agreements. The two others we have been dealing with lately have been the free trade agreement with Peru and the one with the European Free Trade Association.

Bill C-23 implements the three agreements between Canada and Colombia through a set of provisions that will form the core of a stand-alone piece of legislation, the proposed Canada-Colombia free trade agreement implementation act. It also contains amendments to a number of existing pieces of legislation: the Canadian International Trade Tribunal Act, the Commercial Arbitration Act, the Crown Liability and Proceedings Act, the Customs Act, the Customs Tariff, the Department of Human Resources and Skills Development Act, the Export and Import Permits Act and the Financial Administration Act.

I mentioned that the extent of trade in goods between Canada and Colombia is relatively modest at the current time. In 2008, two-way merchandise trade between Canada and Colombia totalled just over $1.3 billion and Canadian merchandise exports to Colombia totalled $703 million. The major exports include agricultural products such as wheat, barley, lentils, as well as industrial products, paper products and heavy machinery. Canadian merchandise imports from Colombia totalled $643 million and consisted of major imports such as coffee, bananas, coal, oil, sugar and flowers. Having said that in regard to those figures, I believe that Colombia is our fifth largest trading partner in the area. It is not even in our top four trading partners in the area.

Bill C-23 has attracted considerable attention, as we have pointed out and continue to point out. The groups and individuals opposed to the implementation of the free trade agreement oppose it because of the country's abysmal human rights record. The previous Bloc member read the names of people who have been killed, and I have a similar list as well. People are being killed on a daily basis in Colombia and the government seems to ignore that fact. As a matter of fact, the president was invited to appear before the committee and the Conservatives are blithely ignoring the record of the country, all because the Conservatives have this tunnel vision that they can sign these free trade agreements that are somehow going to lift everybody up. That in fact does not work out. What we have seen in Colombia and other countries is a degradation of the environment after the free trade agreements have been put into place.

That is why we need a fair trade agreement. On that basis, I think we should certainly look at a different approach here, and only after the human rights record is straightened out in Colombia.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

November 17th, 2009 / 10:45 a.m.
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Bloc

Nicole Demers Bloc Laval, QC

Madam Speaker, I want to thank my colleague for his fine exposé on the current situation in Colombia as well as in this House.

We have been discussing the pros and cons of Bill C-23 for several months now. On this side of the House, we think there are a lot more cons than pros. That is only to be expected.

As always, the Bloc Québécois is opposed to all injustice, not only in Quebec and Canada but everywhere in the world. This bill, unfortunately, would sanction a number of injustices.

When the government says that no crime victim or any one whose rights have been trampled, even here in Canada, should be ignored and tells us that it has a very busy law and order agenda, I think it is forgetting that there are places elsewhere in the world where people do not have the ability or even the possibility of defending themselves.

At present in Colombia, 30% of the people who in the government are being seriously investigated for corruption, collusion and all sorts of things and 60% of the rest are suspected of engaging in activities that are not exactly legitimate in view of their positions and responsibilities.

Every day in the House, members from one party or another rise to praise someone from their community or someone whom they know to remind us—because this person is deceased—of how important the person was to his or her family, children, colleagues at work and the people he or she met on a daily basis.

At times like those, I think it would be great for us to stop treating the victims in Colombia—the trade unionists and murder victims—as mere statistics despite what the Colombian government has to say and despite its efforts to minimize these crimes. We know of 109 murders between January 2007 and June 2008. I want to list a few of them and it would be good if my colleagues on the other side could start seeing them as human beings, as fathers and mothers of families and as people with responsibilities in society. These people are dead today because of their convictions and their work. I want to mention the following:

Maria Teresa Jesus Chicaiza Burbano, killed on January 15, 2007; Maria Theresa Silva Reyes, killed on March 28, 2007; Ana Silvia Melo Rodriguez, killed on May 19, 2007; Marleny Berrio de Rodriguez, killed on June 11, 2007; Leonidas Sylva Castro, killed on November 2, 2007; and Maria del Carmen Mesa Pasochoa, killed on February 8, 2008.

Other people who have been murdered include Maria Teresa Trujillo, killed on February 9, 2008; Carmen Cecilia Carvajal Ramirez, killed on March 4, 2008; Leonidas Gomes Rozo, killed on March 8, 2008; Victor Manuel Munoz, killed on March 12, 2008; Ignacio Andrade, killed on March 15, 2008; Manuel Antonio Jiminez, on March 15, 2008; Jose Fernando Quiroz, on March 16, 2008; Jose Gregorio Astros, on March 18, 2008; Julio Cesar Trochez, on March 22, 2008; Adolfo Gonzales Montes, on March 22, 2008; Luz Mariela Diaz Lopez, on April 1, 2008; Emerson Ivan Herrera, on April 1, 2008; Rafael Antonio Leal Medina, on April 4, 2008; Omar Ariza, on April 7, 2008; Jesus Heberto Caballero Ariza, on April 16, 2008; Marcello Vergara Sanchez, on June 5, 2008; and Vilma Carcamo Bianco, on May 9, 2009.

I could go on naming names for another 20 minutes. How many victims do there have to be in Colombia before this government wakes up and realizes that it is not a good idea to be negotiating a free trade agreement at this time with a country that has no more respect for human beings than this?

All of the persons I have named were unionists. All of them were working to improve the living conditions of people living in Colombia and trying to make a better life for themselves. But this government does not hear the names of the dead and murdered. It hears them only when it is in its interest to hear them, when it can spread propaganda, when it can use them.

This government should stop using the misfortune of others for its own advantage and start respecting people who work to earn a living.

At the moment, working people in Colombia are subjected on a daily basis to violence, murders and crimes. We cannot stand by and let this sort of thing go on. If we agree to this free trade agreement today, we are agreeing to the continuation of these murders of men, women and children.

I do not know if my colleagues are like me, but I believe that all of us have to look into our hearts, stop thinking about profit only—obviously, there is short-term profit involved here—and stop thinking that we can impose our law on the whole world. That is not the way it works, and that is not the way it will work in Colombia, where the government is corrupt virtually from top to bottom.

Do you think that the Colombian government will be suddenly cleansed of all its impurities because we sign a free trade agreement today with Colombia? One would have to be a little naive to think that.

Indeed, my colleague from Compton—Stanstead is right. You have to be a little naive or acting in very bad faith to believe such a thing. You have to be a little naive or acting in very bad faith to try to make this House vote in favour of a bill that has not been thought out and for which no serious consultation has been done. As my colleague from Shefford so aptly said, the only consultations that were done were not used to develop a free trade agreement that would stand up and take account of the rights and lives of the people in Colombia.

If we adopt this agreement, if we pass this bill, I will be ashamed as a Quebecker and a Canadian. I am ashamed that we would support such a bill. I am ashamed that we are trying every day, through the Justice minister, to introduce bills that will put crooks in prison using minimum sentences, with no consideration for judicial discretion. I am ashamed that we are trying to introduce bills that would throw a large part of the population, aboriginals primarily, into prison without any opportunity for rehabilitation. I am ashamed that we are permitting a corrupt government to keep on turning a blind eye to crime and the murder of its citizens who are doing everything they can to give the people living down there a better life.

I simply cannot believe this. I cannot believe that the members in the other opposition parties are turning a blind eye too. I do not believe it. If we stand up for the rights of the people we represent, we have to stand up, by virtue of our status as members of Parliament, for the rights of the people we represent everywhere in the world and for the rights of human beings.

The unionists have come to meet with us and let us know about these odious crimes committed against their sisters and brothers. We know perfectly well that they have not been heard by the government.

Is my time up, Madam Speaker? Very well then.