Bill C-23 (Historical)

Canada-Colombia Free Trade Agreement Implementation Act

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

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

Canada-Colombia Free Trade Agreement Implementation Act

[Thomas Mulcair, NDP, Outremont, QC]

Mr. Speaker, since 1990, 2,690 trade unionists have been murdered in Colombia.

Colombia does not want just to have trade with Canada, all countries do with very few exceptions, it wants a privileged trade agreement with Canada. We should only put our name on privileged trade agreements with countries that respect human rights, and that is not the case in Colombia.

These great givers of lessons about law and order, they are dealing with a narco state and then they are going to stand up here in the House and say that they are standing up for law and order. Why do they not try standing up for law and order internationally? Then we will start believing them.

[Pat Martin, NDP, Winnipeg Centre, MB]

Mr. Speaker, the Conservatives would have us believe that it is now okay to trade with Colombia and give it this special status, most favoured nation status with a trade deal because it is murdering trade unionists at a lesser rate. I heard the Minister of Agriculture saying that it would be good for agriculture, et cetera. Well, it is the very trade union leaders of the farm workers in Colombia who are being slaughtered this month. We are not talking about last year.

November 1, the head of the ACA union of farm workers of Arauca, Paulo Suarez, was murdered in his home, gunned down by gunmen in front of his family.

Then on November 5, Raoul Medina Diaz, also with the union of farm workers, was also gunned down and murdered.

On November 13, just a couple of days ago, Cortes Lopez Zorayda, member of the union of teachers and union activist, was murdered by two gunmen on a motorcycle.

It is happening as we speak. How in all good conscience can a country like Canada see fit to do business with an international pariah that is gunning down every barrier to its trade ambitions without any recognition of human rights? I would like my colleague to comment.

[Thomas Mulcair, NDP, Outremont, QC]

Mr. Speaker, it is precisely because of facts like that, that have taken place within the last couple of weeks, that the Americans would never sign this type of free trade agreement with the current Colombian government.

What my colleague from Winnipeg Centre just said is precisely true. Canada should stand up and say, “We will help you. We will teach you. We will help you build capacity. But we will not put our signature on a privileged trade deal which by implication means that we accept what is happening in Colombia, when based on all of our traditions here in Canada, our respect for democracy, our respect for human rights, we cannot in good conscience sign this type of trade deal with that regime”.

Help the Colombians to learn. Give them examples of what institutions will work. Help them develop respect for human rights. Then we will see. Right now, that government, historical error. That is why we are going to use every means in this House under our institutions and the respect thereof to prevent this trade deal from going through.

[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.

[Brian Masse, NDP, Windsor West, ON]

Mr. Speaker, I enjoyed the member's speech, which was quite active and lively to say the least, but very important. For a number of months we have been leading the charge together to bring awareness to this ill-thought-out deal.

I want to focus on one element which I think is really important. We already have trade with Colombia. We will always have some trade with Colombia, just like other nations. However, we are talking about engaging in a privileged trading relationship. That is what this is about.

The Conservatives continually talk about how they are tough on crime. They are very serious about that and they have flooded the justice committee with a number of bills. Ironically, the committee cannot get through all the bills. At the same time, the Conservatives want to enter into a privileged trading relationship with a narco-state which has a murderous record with respect to trade unionists and which also has a drug economy. Why would the Conservatives want to engage in this type of a privileged relationship with that country?

[Richard Nadeau, Bloc, Gatineau, QC]

Mr. Speaker, I want to thank my colleague from the New Democratic Party for his question.

He is absolutely right. The answer is not necessarily in the question, but there are certainly some troubling indicators. The Conservative Party of Canada, the product of the merger between the Canadian Alliance and the Progressive Conservative Party of Canada, is a party that has always said it wants to be squeaky clean. It is a party that has always approached politics as though preaching, that calls itself a down-to-earth, grassroots party, and that projects an aura of saintliness that calls to mind a full array of religious regalia. This party is trying to tell us, the elected representatives of Quebeckers and Canadians, that their approach to an agreement with Colombia is right when, in fact, they want to do business with a country that promotes the sale of illegal drugs and is known around the world as a narco-state. This is totally unacceptable.

[Yves Lessard, Bloc, Chambly—Borduas, QC]

Mr. Speaker, first of all, I would like to congratulate my colleague from Gatineau for his arguments in support of the Colombian people and against this bill. His words clearly evoke the misfortune awaiting the Colombian people should Colombian companies be given the latitude that this free trade agreement would afford.

My question is the following. Does my colleague understand the Liberals' position? When they were in power and under NAFTA, chapter 11 gave the latitude that is included in the Colombian agreement. They had to backpedal on that point and today they are going to support the Conservatives in their attempt to give more latitude to companies that will exploit the Colombian people. Can he elaborate on that? Does he understand their position?

[Richard Nadeau, Bloc, Gatineau, QC]

Mr. Speaker, I thank my Bloc colleague from Chambly—Borduas for his question.

We should not be surprised and I am certain there will be agreement on this: when in power, and although they are two different parties, the Conservative Party and the Liberal Party have the same outlook. These parties do not think in terms of human rights. They think about making rich Canadian mining companies that establish themselves in developing or emerging countries even richer. Why will they go to these countries? Crudely put, to exploit the local people and have their friends pocket the profits. It is scandalous, unacceptable and even anti-democratic.

[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.

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

Mr. Speaker, on September 30, the member for Kings—Hants, representing the Liberal Party, made the following comment:

To say that paramilitary forces are murdering union leaders today is false, because everybody who has been studying the issue recognizes that the paramilitary forces have been disbanded....

That is what he said after having been in Colombia for four days.

According to a recent report from Amnesty International, it found that paramilitary groups remain active, despite claims by the government that all paramilitaries had demobilized in a government sponsored process that began in 2003, and that paramilitaries continue to kill civilians and commit other human rights violations, sometimes with the support or acquiescence of the security forces.

How does the member think the member for Kings—Hants came up with that conclusion?

[Yves Lessard, Bloc, Chambly—Borduas, QC]

Mr. Speaker, when someone wants to make an unacceptable position sound legitimate, they deny the facts. The member he quotes is denying the fact that trade unionists are still being killed because he wants to support what the Conservatives are saying.

In 2007, there were 39 murders of trade unionists by the paramilitaries, and in 2008 there were 46. That is very recent. There is nothing more stubborn and immutable than a fact. The facts show that 2,690 trade unionists have been killed in 23 years. Since the beginning of this decade, there have been 40 murders a year. That is the answer and that is what they are doing.

[Robert Vincent, Bloc, Shefford, QC]

Mr. Speaker, earlier, a Liberal member who supports this bill said that the Colombian House of Representatives wanted us to sign this agreement because it would further protect human rights.

We know that 30 members of congress have been arrested in Colombia, including members of the president's immediate family. Furthermore, 60% of them are under investigation.

Why imply that this agreement will further protect human rights when we know what is actually going on? I would like to know what my colleague thinks.

[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.

[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.

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

Mr. Speaker, the member outlined how, at one point in this process, the Liberal members were more or less on side opposing this bill. Particularly last year 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 had been improved.

It also recommended that a human rights impact assessment be undertaken to determine the real impact of the trade agreement, and of course the government ignored that. In the meantime, the Liberals somehow managed to disengage themselves and ended up siding with the Conservatives.

Could the member detail the process that allowed the Liberals to move to where they are now?