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

September 30th, 2009 / 5:25 p.m.
See context

NDP

Megan Leslie NDP Halifax, NS

Madam Speaker, international law is a nebulous thing at best, and I go back to the point I made earlier that not one single successful suit has been brought under the side agreement on labour with NAFTA.

If I may take a moment, I want to read something from the International Centre for Trade Union Rights:

28 January: Leovigildo Mejia, a member of farm workers' association of Santander ASOGRAS, was assassinated in Sabana de Torres in the Department of Santander.

12 February: Luis Alberto Arango Crespo, president of the fishing and farm workers' association of Barrancabermeja, was assassinated in Barrancabermeja in the Department of Santander.

15 February: Guillermo Antonio Ramirez, a member of a local teachers' union of Belen de Umbria, was assassinated in Belen de Umbria, in the Department of Risaralda.

18 February: The secretary of the Valle del Cauca region of the CUT federation received an anonymous phone call in which threats were made against local CUT leaders Álvaro Vega and Wilson Sáenz.

20 February: Leoncio Gutierrez, a member of the teachers' union of Valle del Cauca, SUTEV, was assassinated in El Toro, in the Department of Cauca.

This speaks for itself.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

September 30th, 2009 / 5:25 p.m.
See context

NDP

Jim Maloway NDP Elmwood—Transcona, MB

Madam Speaker, I certainly thought I heard the last two speakers on this side reaching out to the Liberal Party. The party, under John Turner, was opposed to the free trade agreement with the United States, and it is now supporting a free trade agreement with Colombia, which is a country with a terrible human rights record.

We had the members for Mississauga South and Esquimalt—Juan de Fuca asking questions that would indicate they have quite a lack of support for this agreement.

We had the member for Random—Burin—St. George's saying she is not aware of any trade unionists being killed, and she said she would not support the bill if she had any information to the contrary.

The member for Kings—Hants said that human rights have improved. I would ask him then to explain the improvements when 2,690 trade unionists have been murdered in Colombia since 1986. In 2008, the number of murders was up by 18% over the previous year, and in 2009 alone, 29 trade--

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

September 30th, 2009 / 5:30 p.m.
See context

NDP

The Acting Speaker NDP Denise Savoie

I must give the hon. member for Halifax time to respond. She has about 50 seconds.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

September 30th, 2009 / 5:30 p.m.
See context

NDP

Megan Leslie NDP Halifax, NS

Madam Speaker, I would like to thank the member for Elmwood—Transcona for his question, and frankly, I could not have said it better myself.

The House resumed from September 30 consideration of the motion that 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, be read the second time and referred to a committee, of the amendment and of the amendment to the amendment.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

October 5th, 2009 / noon
See context

Liberal

Shawn Murphy Liberal Charlottetown, PE

Mr. Speaker, I appreciate the opportunity to speak to this matter today.

As debate in the House indicates, the issue before the House is a complex issue, regarding the ratification of the Canada-Colombia free trade agreement. There are very strong arguments in support of the ratification, and I will acknowledge that there are strong arguments against it also.

At the outset, several people in my riding came to visit me, people who I admire and respect deeply, and they urged us not to ratify the agreement, mainly for ongoing human rights abuses in the country.

The arguments for it are clear and I do not think they are debated. The basis is that the agreement will be of considerable advantage to both Canada and Colombia. I believe that debate has been settled. Certainly any nation that is successful is a trading nation, and the country of Colombia has to get beyond the existing regime it is into now, mainly with the trade with the Venezuelans.

On the other side, the arguments against it are also clear and they have some merit. There are and have been for many years human rights abuses in that country. These are serious matters and they are still ongoing. They do deserve discussion and debate in the House. As has been pointed out many times, Colombia is a country with a difficult past. A civil war has been going on for quite some years, which has morphed into a narco war that is very serious. It requires not only domestic, but probably international attention.

In a situation like this, when we look at what comes first, the chicken or the egg, if we took a snapshot in time and still saw some abuses, we could argue that perhaps we should not. I believe, and that is my argument today, that this has to be looked at as a continuum. As a developed country, we have to look at the progress and the improvements that have been made in that country over the last eight years, especially since the election of President Uribe. We have to consider the agreement in its totality, especially the ancillary agreements regarding the environment and human rights. We also have to consider the international thinking, the present dialogue going on in the United States and the dialogue going on in the European Union.

Considering everything, it is my view that Canada and Canadians and the country of Colombia and Colombians will be better off if the agreement were ratified by this Parliament.

I did not come to that decision lightly. When President Uribe was in Canada, I attended the briefing session. I met him. There was a lot of tough questions put to him during the hour and a half session. I was quite impressed with the president. I have spoken, as I indicated previously, with Colombians in my district, the city of Charlottetown. I have certainly spoken with our critics, the member for Toronto Centre and the member for Kings—Hants. I believe they spent four days in Colombia meeting with a number of NGOs, politicians and other interested parties on this agreement and the Senate committee on foreign affairs.

We are dealing with the business case, the economic case and the moral case. It is my position that these two issues really cannot be separated. The business case is very strong. There is very little economic risk to either country. There is no direct competition. What we import from Colombia is not really in competition with other domestic producers and what we export is not in competition with some of their manufacturing sector there. Trade is not large. Canada does have a trade surplus with the country of Colombia, but there is a very persuasive argument that this will form a platform for enhanced trade for both Colombia and Canada.

When we deal with the human rights issues, the waters get a little murkier. As I indicated already, Colombia does not have a good history. It is rife with some abuses, and the troubled country over the last eight, 10, 12 years has morphed into having a very serious ongoing narco trade. That has ancillary violence and gangs. We all know the problems that country is undergoing right now.

However, we have to look at the progress that has been made. We have to take note of the progress and state of affairs. We have to read all the reports, especially the one from the United Nations High Commissioner on Human Rights and the reports from the special rapporteur and the other NGOs that have reported on the progress, and I would say it is real progress, that has been made in this particular country.

I do not want to be seen in the House as downplaying the problems that remain. They are a very serious issue, but we cannot take a snapshot in time. We have to look at, within a continuum, the progress that has been made, especially in the past six to eight years. We have to take note of the other reports from the NGOs, politicians and senators in Colombia, of what is going on in the region, not only with regard to the narco trade but also as far as the influence from the Chavez government in Venezuela goes.

When we consider everything, it is my premise and my argument to the House that there is a very strong argument for signing this agreement. Of course, this has to be relayed in other agreements that I hope will take place, considering the comments from President Obama. There is a very strong case that this will spur on and result in other improvements being made in the country of Colombia.

As I said before, I do not believe we can separate the moral arguments from the economic ones. When we look at the poverty and lack of opportunities for the people who live in that country, I do not believe this agreement will be the whole answer. There is not a great deal of trade, though hopefully that will improve, but it will give certain people in Colombia an economic opportunity so they can move forward as a society, a culture and a country. I hope that eventually living standards will be raised, further progress will be made on the corruption there now, and they will move onward.

I know this is a very interesting debate for many people, myself included. I listened carefully to everything that has been said. I have read a lot of the reports that have been written with respect to this particular situation.

As I indicated when I first stood, there are sound arguments to be made for or against, but it is my belief that when we analyze everything, our country, but more importantly the country of Colombia, will be in a much better position to continue on that road of progress that it is on now. That is why I will be supporting the ratification of this agreement.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

October 5th, 2009 / 12:10 p.m.
See context

NDP

Peter Stoffer NDP Sackville—Eastern Shore, NS

Mr. Speaker, the problem, especially for us on this side, is that we do not believe we can separate economics from human rights. Colombia is a country that has systematically destroyed and taken away the collective bargaining rights of individuals to form a union or association or to argue those points with the current government, and I would say that quite emphatically.

The reality is that this trade agreement has workers' rights and human rights as a side agreement, not in the main body of the text. We have seen other agreements in which human rights and environmental standards have been included as side agreements, which says, in other words, that people will get around to those kinds of discussions later. First come the profits and the interests of the big companies, and then we talk about the people and the environment later.

My question to the hon. member is this. If he honestly believes, and I know he does, in the care and well-being of the people of Colombia, their respective unions and associations and most importantly the Colombian environment, why would he not insist that those things be in the main body of the text of the trade deal?

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

October 5th, 2009 / 12:10 p.m.
See context

Liberal

Shawn Murphy Liberal Charlottetown, PE

Mr. Speaker, in the preamble to his question, the member indicated that we cannot separate economic arguments from human rights, and that is my point. That is what I did say in my speech. We cannot do that.

The point I am making is that I am not going to stand here in this House and downplay the existing problems in Colombia, but I believe that we have to take note of the considerable progress that has been made over the last six or eight years.

We have to take note of the many reports from the United Nations and other NGOs, but most importantly, and this is perhaps lost in this debate, we have to take note of the existing labour agreement between the country of Canada and the country of Colombia. It is all part of this package. This, I believe, is the strongest labour agreement ever signed by this country. It contains very tough measures to enforce the provisions and this will just lead to further progress.

Again my friend across makes some serious points, but I believe this agreement will assist Colombia and Colombians in getting beyond some of these existing problems.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

October 5th, 2009 / 12:15 p.m.
See context

Liberal

Scott Brison Liberal Kings—Hants, NS

Mr. Speaker, I appreciate the comments from my colleague from Charlottetown today who has provided some very thoughtful commentary on the situation in Colombia and the potential effect of a free trade agreement with Canada.

He spoke of the issues of civil war in Colombia. It is a country that for 40 years has wrestled with a civil war that began along ideological grounds but that has evolved more into just a drug war, in which there are former paramilitaries now, who are drug gangsters, effectively, and FARC, which is still active, not on the ideological side as much as on the drug side. It is a civil war that continues to be fueled by drug money.

When I was in Colombia a couple of months ago, some of the former paramilitary members with whom I met, who have been demobilized, told me that the reason they joined the paramilitaries in the first place was the lack of real economic opportunity in a legitimate economy or through legitimate trade. It is the same with FARC members. They joined FARC because the only job they could find was something to do with either the war or the drug trade.

Does the hon. member see the potential of the legitimate economy and legitimate economic trade with Colombia as providing opportunities for these people so that they do not have to go into either the drug trade or a civil war?

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

October 5th, 2009 / 12:15 p.m.
See context

Liberal

Shawn Murphy Liberal Charlottetown, PE

Mr. Speaker, the short answer is yes, I do, and I have described in my earlier remarks that this will provide an opportunity so that people will be given a choice, that they perhaps do not have to join FARC or one of the paramilitary operations, that they will have a legitimate opportunity to engage in the legal economy.

However, one other point I will make very briefly is that there are Colombians living in every riding in Canada and it is important to talk to them. They want their country to succeed.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

October 5th, 2009 / 12:15 p.m.
See context

NDP

Glenn Thibeault NDP Sudbury, ON

Mr. Speaker, I am pleased to speak to the subamendment to Bill C-23, An Act to implement the Free Trade Agreement between Canada and the Republic of Colombia.

It is extremely irresponsible for the Conservatives to push a free trade agreement with Colombia, a country that has the worst human rights record in the western hemisphere and that is one of the most dangerous countries in the world for trade unionists.

The belief that trade will bring human rights improvements to Colombia is completely contradicted, not just by the facts but also by the text of the agreement. The full respect of fundamental human rights must be a precondition of any trade agreement.

There are four aspects of this free trade agreement that we completely oppose. Labour rights protection is something that is not happening in this agreement. Colombia is one of the most dangerous countries on earth for trade unionists who are regularly the victims of violence, intimidation and assassination by paramilitary groups linked to the Colombian government.

The Canada-Colombia free trade agreement does not include tough labour standards. Having labour provisions in a side agreement outside of the main text and without any vigorous enforcement mechanism will not encourage Colombia to improve its horrendous human rights situation for workers and will actually justify the use of violence.

The penalty for non-compliance is determined by a review panel that has the power to require the offending country to pay up to $15 million annually into a cooperation fund that can be summed up as “kill a trade unionist, pay a fine”. A key fact is that almost 2,700 trade unionists have been murdered in Colombia since 1986. In 2008 the number of murders was up by 18% over the previous year, and this year 27 trade unionists had been murdered by September, not a number that inspires confidence.

The second aspect of the failure of the bill relates to environmental protection. The environmental issue is addressed in a side agreement with no enforcement mechanism to force Canada or Colombia to respect environmental rights. This process is seriously flawed. In the opinion of the New Democrats, this is just a smokescreen.

We have seen in the past how these side agreements are unenforceable. For example, there has not been a single successful suit brought under the NAFTA side agreement on labour. Another fact that should be noted is that nearly 200,000 hectares of natural forest are lost in Colombia every year due to agriculture, logging, mining, energy development and construction.

Copied from NAFTA's chapter 11 on investor's rights, the Canada-Colombia free trade agreement provides powerful rights to private companies to sue governments, which are enforceable through investor-state arbitration panels. In the opinion of the New Democrats, this is the third fault of the bill.

This is particularly worrying because there are many Canadian multinational oil and mining companies operating in Colombia. The arbitration system set up by chapter 11 gives foreign companies the ability to challenge legitimate Canadian environment, labour and social protections.

I can speak to how this impacts Canadian communities. Right now in my riding of Sudbury there is a labour dispute between Vale Inco, a Brazilian company, and the United Steelworkers Union, Local 6500.

We see first-hand what happens when governments refuse to act. Workers are laid off; families struggle to make ends meet; there are cutbacks to worker's rights, especially in pensions or in years of bargaining, and natural resources are sold to the highest bidder. Giving this opportunity to private business in Colombia and elsewhere will even further erode Canada's and Colombia's ability to pass laws and regulations for public interest.

Let us not forget that Colombia's poverty is directly linked to agricultural development in a country where 22% of employment is agricultural. With an end to tariffs on Canadian cereals, pork and beef will flood the market with cheap products and lead to thousands of lost jobs. In a country that already has almost four million people internally displaced, 60% of this displacement has been from regions of mineral, agricultural or other economic importance where private companies and their government and paramilitary supporters have forced people from their homes.

It is irresponsible for us to turn a blind eye to the Colombian situation. We know human rights abuses are happening. We know trade unionists are losing their lives. If we approve this bill, our actions would essentially give the Colombian government a green light to continue its abuses. We cannot overlook our responsibilities. Human rights are just that. They are not trumped by trade interests.

With all of that being said, even the Colombian government has been accused by international human rights organizations of corruption, electoral fraud, links to paramilitary and right-wing death squads, and using its security forces to spy on the supreme court of Colombia, opposition politicians, government politicians and journalists. Many government members, including ministers and members of the president's family, have been forced to resign or have been arrested.

What we do need, though, is fair trade. Fair trade means fully respecting human rights as a pre-condition for all trade deals. The Canada-Colombia agreement is fundamentally flawed and does little more than pay lip service to the serious damage it could do to human rights in Colombia.

What we mean by fair trade is new trade rules and agreements that promote sustainable practices, domestic job creation and healthy working conditions, while allowing us to manage the supply of goods, promote democratic rights abroad and maintain democratic sovereignty at home.

How can we promote fair trade?

New trade agreements should encourage improvement in social, environmental and labour conditions, rather than just minimize the damage of unrestricted trade. Federal and provincial procurement policies should stimulate Canadian industries by allowing governments to favour suppliers here at home. Supply management boards and single-desk marketers, like the Canadian Wheat Board, for example, could help replace imports with domestic products and materials.

Why fair trade and not free trade?

Fair trade policies protect the environment by encouraging the use of domestically and locally produced goods, which means less freight, less fuel and less carbon, and by promoting environmentally conscious methods for producers who ship to Canada. By contrast, free trade policies, even those created with the environment in mind, do little to impede multinational corporations from polluting with abandon. The environmental side agreement of NAFTA, for example, has proven largely unenforceable, particularly when compared with other protections for industry and investors.

A system of fair trade can encourage the growth of Canadian jobs, both in quality and quantity. Fair competition rules and tougher labour standards would put Canadian industries on a level playing field with our trading partners and slow the international race to the bottom that has resulted in a loss of Canadian manufacturing jobs.

Free trade rules, on the other hand, have hurt Canadian job quality. Since 1989, most Canadian families have seen a decline in real incomes.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

October 5th, 2009 / 12:25 p.m.
See context

Liberal

Judy Sgro Liberal York West, ON

Mr. Speaker, I think many of us in the House have serious concerns about this particular bill, recognizing the benefits on one hand that could possibly come to our country, as well as other countries, but also the concern about ensuring we pay attention to any human rights violations. However, most important, as I continue to go back and forth on this issue, I would like to know if there is the opportunity for us, through an agreement like this, to demand better treatment of the country's citizens and to extract something on the positive side as a part of this agreement if we were to go forward with it.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

October 5th, 2009 / 12:25 p.m.
See context

NDP

Glenn Thibeault NDP Sudbury, ON

Mr. Speaker, when I started my speech on this debate, I talked about the four initial flaws that we see in this. There is no way to protect the environment. The labour practices are horrendous in Colombia. We see problems with agriculture, the poverty and many other things. I believe the member's colleague said it earlier talking about the chicken and the egg and which one do we put first.

We in the New Democrats think we need to put human rights as the first issue that we must address before moving forward with a trade deal.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

October 5th, 2009 / 12:25 p.m.
See context

NDP

Chris Charlton NDP Hamilton Mountain, ON

Mr. Speaker, I have listened to the whole debate, as well as this member's contributions, with great interest.

One of the things that troubles me is that there seems to be an incongruity between the position the government is taking domestically and what it is doing abroad. We know, for example, that in Colombia, as the member detailed so eloquently, violence, crime and corruption are rampant and yet here at home the government would want us to believe that it is all about getting tough on crime.

I wonder if the member could comment on why it is okay to take that position here and yet say, in the rest of the world, that it does not matter what we stand up for, they can do as they wish. Is there not some hypocrisy in the government's stand with respect to this free trade deal between Canada and the Republic of Colombia?

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

October 5th, 2009 / 12:25 p.m.
See context

NDP

Glenn Thibeault NDP Sudbury, ON

Mr. Speaker, it does seem to be a little hypocritical when we look at how those two are playing out.

However, we have New Democrats in the House of Commons to ensure we stand up to the government and ensure we bring forward the issues that are affecting people, not only in Canada but right around the world. When people are being affected by poverty, when people do not have the right to bargain fairly and when individuals are affected by poverty, New Democrats will be the ones who stand up and ensure we have something done, fairly and equitably for all.