Bill C-2 (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

[Yvon Godin, NDP, Acadie—Bathurst, NB]

Mr. Speaker, I blame the Conservatives for their attitude with criminals. They would like to build quite a few jails in Canada. The budget will increase by 43%. Maybe they have found a way to build jails in Colombia too, not just for murderers but for everybody because they really believe in throwing everybody in jail. They believe it is the way to fix the problems we have with criminals instead of investing in rehabilitation.

The government is looking at signing an agreement with the president of Colombia who has been involved in those kinds of things. The government should tell him to change his law, change his attitude, change the way he deals with workers and change the way he deals with human beings, then it will see after that.

I am worried about signing an agreement before that. We are telling the president of Colombia that he is on the right track and to continue.

My colleague said that the Conservative government was strict on crime. Why does it not tell the Colombian government that it will never sign an agreement with a government that is involved in crimes like those in Colombia?

[Carole Lavallée, Bloc, Saint-Bruno—Saint-Hubert, QC]

Mr. Speaker, I am pleased to speak to BillC-2, even though this is the third time I have debated it in the House.

This is the bill to implement the free trade agreement between Canada and Colombia, the former Bill C-23, which has come back to the House again.

We really do not understand the Conservative government’s determination to make this a priority bill. This agreement with Colombia contains a number of flaws and raises a number of serious problems. Implementing it would be a serious mistake.

The Conservative government’s motivation for signing a free trade agreement really has nothing to do with trade, it has to do with investment. The agreement contains an investment protection chapter, which would make life easier for Canadian investors who want to invest in the mining sector in Colombia in particular.

Even that is negative, and I will say why in a moment. There is nothing positive about this free trade agreement and we will gain nothing from it. It is therefore incomprehensible that they would want to sign it.

Colombia has one of the worst records in the world and probably in Latin America when it comes to human rights. Thousands of trade unionists have been killed. Since 1968, 2,690 trade unionists have been killed because of their union work, 46 of them in 2008.

Trade unionists are the target of violence, among other things. There have been many population displacements, and this is not because the people are not sedentary or like to move around. These displacements show that Colombia is a country that has no regard for fundamental rights. There are numerous examples of human rights abuses.

It is mainly small farmers and small miners who are displaced, who have to leave their land to accommodate the huge agri-food or mining corporations, probably the ones the Conservative government wants to help. There are various ways of displacing farmers and people who have a small mine.

You can make death threats against an individual or his children. Most of us would have cleared out long ago. There is also murder, which is even worse. As well, people’s land is flooded so they are no longer able to earn a living, and this forces them to leave. After that, the land is dried out so it can be used.

A fundamental principle of free trade agreements is not being respected. Normally a free trade agreement is signed by two countries with similar economies. I will not go so far as to say that nothing could be more dissimilar than the economies of Colombia and Canada, but that is pretty close to the reality.

Colombia has immense poverty: 47% of the population lives below the poverty line and 12% lives in absolute poverty. One fifth of the population lives on less than $1 a day. I did not invent this statistic; it comes from the UN.

The crime statistics also point to a very sinister side of Colombia. Before I begin quoting the Department of Foreign Affairs, I would like to say that in 2008, the crimes committed by paramilitary groups increased by 41%, in comparison with 14% the previous year.

I do not think there is a legitimate reason for signing this free trade agreement. Even this government's Department of Foreign Affairs and International Trade is discouraging people from travelling to Colombia. On the Foreign Affairs website, the warnings and recommendations for the public advise against going. In addition, no one wants to go as part of a mining project.

The advice is very clear when it comes to those who work for or in the mines.

This government makes some general recommendations about Colombia. On one hand, it is saying that we will sign a free trade agreement with the country. On the other hand, it is saying that no one should go there:

Exercise a high degree of caution

Presidential elections will take place in Colombia on May 30, 2010... Public gatherings and areas where demonstrations may occur should be avoided.

Canadians should exercise a high degree of caution due to the unpredictable security situation. Although there is no specific information about future terrorist activities or threats against Canadian citizens in Colombia, Canadians should be vigilant and avoid any unattended packages or parcels and bring them to the attention of security personnel.

It does not seem so bad up to that point, but here is the next part.

Possible terrorist targets include military and police vehicles and installations, restaurants, underground garages, nightclubs, hotels, banks, shopping centres, public transportation vehicles, government buildings, and airports.

How can we go to Colombia and sign a free trade agreement when our government is specifically telling us not to go there because government buildings and airports are considered dangerous? It is completely incomprehensible.

Regional Warning

Avoid non-essential travel

Foreign Affairs and International Trade Canada advises against non-essential travel to the city of Cali and most rural areas of Colombia, because of the constantly changing security situation and the difficulty for the Colombian authorities of securing all of the country’s territory.

Another regional warning reads:

Avoid all travel

Foreign Affairs and International Trade Canada advises against all travel...located along the border with Ecuador...The presence of armed drug traffickers, guerrilla and paramilitary organizations, including the FARC (Revolutionary Armed Forces of Colombia) and the ELN (National Liberation Army), poses a major risk to travellers. These groups continue to perpetrate attacks, extortion, kidnappings, car bombings, and damage to infrastructure in these areas. Landmines are used by guerrilla groups, especially in rural areas.

How can we sign a free trade agreement with a country like that? How can we travel there to tour around and see the sights?

Civil Unrest

National parks, wildlife refuges, and city outskirts are often convenient hideouts for illegal groups and should be avoided, as armed clashes are frequent in such areas.

How can we travel in this country with which we have signed a free trade agreement?

Crime

For security reasons, it is preferable to arrive at Medellín's José Maria Córdova International Airport during the day to avoid the road from the airport to the city after dark.

It makes no sense.

Avoid going to bars alone.

Some will say this should always be avoided. In any case, it continues:

Never leave your drink or food unattended. There have been numerous incidents of drugs being used (including scopolamine) to incapacitate travellers in order to rob them. Scopolamine can be administered through aerosols, cigarettes, gum, or in powder form. Typically, travellers are approached by someone asking for directions; the drug is concealed in a piece of paper and is blown into the victim's face. Exercise extreme caution, as scopolamine can cause prolonged unconsciousness and serious medical problems.

And we are going to sign a free trade agreement in this context? I left one of the best excerpts for last.

Colombia has one of the highest kidnapping rates in the world.

As we all know, Ingrid Betancourt was held in captivity for six years.

While kidnapping is primarily aimed at Colombians, foreigners can be targeted by guerrilla groups in all parts of the country, especially persons working for (or perceived to be working for) oil and mining companies.

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

Mr. Speaker, clearly, Canadians are rallying against this bill and the Liberal amendment. We have received letters from the Council of Canadians, the Canadian Union of Public Employees, the B.C. teachers group, the Canadian Labour Congress, the Canadian Auto Workers, the United Church of Canada and the Public Service Alliance. Many other organizations have rallied to oppose this legislation and particularly the Liberal amendment that facilitates it, which until two weeks ago was totally dead in the House. It had been stopped for the last year.

The Liberals have rescued the legislation by making the amendment possible in this deal with the minister and the president of Colombia at some dance club a couple of months ago. The question is whether the amendment makes the agreement worthy of support in the House. Clearly, for some Liberals, it does. For others, I am not so sure.

Does the member think the amendment the Liberals have produced is enough to bring all Liberals onside to support the bill?

[Carole Lavallée, Bloc, Saint-Bruno—Saint-Hubert, QC]

Mr. Speaker, it is rather obvious that the Liberal amendment is not enough to make this free trade agreement palatable. One cannot revise the terms of an agreement after it has been signed. We must bring forward our requirements before signing the agreement.

In this case, the fundamental requirements would be that there is respect for human rights and that public safety is re-established in Colombia. These two fundamental requirements must be met before signing the free trade agreement. The fact that our economies are dissimilar poses a real problem. Colombia may be a poor choice.

My colleague stated that many Canadians and Quebeckers are against this agreement. This is what the Council of Canadians had to say:

Our first-hand experience contradicts claims the free trade deal will strengthen Colombia's democracy...We found widespread evidence of human rights violations, corruption, resurgent paramilitary groups, and drug violence.

[Serge Cardin, Bloc, Sherbrooke, QC]

Mr. Speaker, in regard to what the Liberal member from Mississauga South said and in reply to the question from the New Democratic Party member, I would say this. According to the recommendations in the report of the Standing Committee on International Trade, which was supported by the Liberals, this agreement should not be signed so long as an independent study has not confirmed that the situation is improving and has stabilized. But the Liberals are prepared to sign the agreement first and do the study second.

In answer to the question I asked him earlier, the Liberal member said he tried to find an independent group to do the human rights study, but was not successful.

I want to ask my colleague in the Bloc the following: how can the Liberal member say such a thing in light of all the independent groups that are opposed to this agreement?

[Carole Lavallée, Bloc, Saint-Bruno—Saint-Hubert, QC]

Mr. Speaker, in all honesty, I do not know how so much credibility can be attached to the Liberal member’s answer. I do not know how people could search the world over for a credible organization that could do a human rights evaluation in various countries and not be able to find one. It is so obvious that there are credible organizations that I will not even bother to name any.

Maybe they could not find a credible-looking organization that would say what they want to hear. If they want to hear that there is no human rights problem in Colombia, no credible organization in the whole world would say something like that.

[Paul Dewar, NDP, Ottawa Centre, ON]

Mr. Speaker, it is a pleasure to rise to speak on this issue, but with some despair because, as the House has heard from my party, clearly there is a lot wrong with the free trade agreement with Colombia.

We saw the government attempt to bring this bill forward before prorogation and now after prorogation. It claims to have improved it with a proposed amendment by the Liberals.

If I might comment on that to start, at the inception of this talk on free trade with Colombia there did not seem to be a concern about human rights. The government responded by having the side agreement. Having a side agreement on human rights pretty much says it all. It is like having voluntary human rights, something off to the side and not embedded. When the government clearly could not sell that, it had Liberals come to its rescue with this notion that there would be a review.

I have to say that as the foreign affairs critic, the fact of the matter is that our embassy does reviews on human rights in countries around the world, including Colombia. One of the jobs of diplomats in embassies, wherever they are stationed, is to do an evaluation of human rights within the respective countries they are situated in. I would point to some of those reports and some from other organizations to show that having yet another review of human rights is just that. It is a review and does not actually deal with the issue.

With regard to this trade agreement and others, some have made the argument that just having a free trade agreement will automatically change the human rights profile in the long-term. There is just not clear evidence for that. There is hypothesis for that. We can have a hypothesis and that is fine, but we should not mistake that for evidence. When entering into a free trade agreement, we need actual evidence that it will change the human rights situation.

There are people in Colombia who have suffered repeated retrograde governance that has abused their human rights. We have gone through the list on this side of the House of people who are in the trade union movement and speaking up for their communities. They are being targeted by paramilitary forces and people associated with the government. It is cold comfort to go to them with a hypothesis and say we think that free trade is going to change their situation. That hypothesis does not help them.

If anything, the weakest argument the government, and those who support it on the Liberal side, has put forward is that free trade frees people. The nomenclature might sound good, but the evidence is counter to that. There is no evidence of that. It is hyperbole. It does not have any credence when we look at trade agreements around the world.

We can show that there is a shift in capital and investment, and that there is money changing hands, but where there is no evidence and where the government, and those who support it, has no credible argument is that this will actually change the human rights profile. We have to look at that.

Let us look at one piece of evidence that was brought to the House of Commons recently through the foreign affairs committee by the Special Rapporteur for Refugees from the UN. The committee had prepared for that meeting and looked at the issue of internally displaced persons. It was shocking to learn that the number one country in the entire world with the highest number of internally displaced persons was Colombia.

Guess who was second? It was Iraq. Then we get to Sudan and Afghanistan. There is no surprise for those countries. The fact that Iraq has one of the highest numbers of internally displaced persons is probably not a surprise. Afghanistan is probably not a surprise. It is probably not a surprise that the situation in Sudan is not great and that it has a very high level of internally displaced persons, but did members of the government know and did members of the Liberal Party know and others that Colombia ranks number one for internally displaced persons? That is who we are signing on with.

I think that is evidence. It is not a hypothesis; it is not hyperbole. It is a fact that Colombia has the highest number of internally displaced persons. Why? We have talked about it in this House. People have been pushed out of their communities at gunpoint. People have been forced out of their homelands because paramilitary forces are aligned, by the way, with the government. Why? It is because there is a scramble for power and resources, and everyday people are paying the price. They are being pushed out of their communities.

If a person had to pack up everything tomorrow and move somewhere else in the province of Ontario or elsewhere in the country to keep their family safe, that person would not be fleeing the country. They would be fleeing within their country.

Colombia has the highest percentage of people who are refugees within their own country. I think that matters when we look at who we are doing business with.

This trade deal will not help them. We need to have further changes in justice. We need to have reconciliation. We need to have the leadership that is responsible for that, who will finally acknowledge that there have been crimes against humanity in that country. Until that time, those people who have unfortunately shared the experience, and too many people within their country have been internally displaced, are going to ask us as Canadian parliamentarians and decision makers, “What's in it for me?”

That is a critical question when we are negotiating trade agreements. If we cannot answer how we are going to help people who are suffering the most and provide facts, not hyperbole, not theory, not suggestion, then I think it is not a deal worth signing on to.

[The Acting Speaker, Conservative, Barry Devolin]

Order. When we return to this matter, the member for Ottawa Centre will have two minutes remaining.

It being 5:30 p.m., the House will now proceed to the consideration of private members' business as listed on today's order paper.

The House resumed consideration of the motion that Bill C-2, 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 and of the motion that this question be now put.

[The Speaker, Liberal, Peter Milliken]

Before question period, the hon. member for Terrebonne—Blainville had the floor. She has four minutes left.

[Diane Bourgeois, Bloc, Terrebonne—Blainville, QC]

Mr. Speaker, before question period, I was telling the House that we have received an extremely important email from a Colombian-Canadian who lives in Montreal. This man opposes the ratification of the free trade agreement between Canada and Colombia because of the many human rights violations in that country.

He sent us some extremely important information. He said that a 166-page document at the heart of a current scandal in Colombia had been taken from the administrative security department, which is the secret service agency of the government of the incumbent president, Alvaro Uribe. This scandal is shaking democracy in that country to the core and completely destroying all trust in Uribe's outgoing government.

This document reveals a macabre espionage plan including strategies such as disinformation, casting discredit, scams, falsifying ties with guerrillas, falsifying documents, sabotage, threats, blackmail and acts of terrorism.

The email in question includes examples. In one document, entitled the social and political front, it recommends creating ties with the national terrorist organization. In another document, it is clear they knowingly intend to discredit the UN Office of the High Commissioner for Human Rights, misinform the public on what is going on in the government, neutralize the destabilizing actions of NGOs, establish ties with drug trafficking organizations and foster an Internet operation to create controversy around the NGOs.

This Colombian-Canadian told us that the Government of Canada absolutely must withdraw from the Canada-Colombia agreement, which, as we have said so many times, does not provide any guarantees concerning human rights violations.

Colombia has one of the worst human rights records in Latin America. People there are poor and workers' rights are violated. Anyone looking closely at the situation in that country realizes it is one of the worst places in the world when it comes to respecting workers' rights, something that has been denounced by the International Labour Organization and by all unions.

The Bloc Québécois does not understand why a free trade agreement was negotiated with Colombia when we know that union leaders are often the victims of violence.

We also need to think about displaced people. It is usually small-scale farmers and miners who are forced to leave their lands to make room for large agri-food and mining companies. In most cases, the people displaced do not receive any form of compensation.

Colombia is not a country we should boast about being friends with. On the contrary, we must force that country to adopt legislation and practices that comply with UN requirements.

I am very surprised to learn that the Liberal Party supports this free trade agreement. I began my political career on the Standing Committee on Foreign Affairs and International Development, which, at the time, was chaired by a Liberal member. The Liberals were always very careful—and it was to their advantage—not only to defend democracy, but also to set the record straight in terms of international affairs and human rights.

I simply cannot fathom the fact that the Conservative government is going to ratify an agreement that most Canadians, union members, the UN, Amnesty International and various human rights organizations are all criticizing. I cannot believe that the Liberal Party would be an accomplice to signing that agreement. I am surprised and disappointed. Some members in the House say it does not matter, because Canada will be doing business. That is not true; it will be the mining companies that do business. It will not be Canada doing business.

I still hope that my colleagues on both sides of the House will side with the Bloc Québécois and the NDP to prevent the signing of this free trade agreement. It is a bad agreement and one that takes no account of the human beings affected.

[Paul Szabo, Liberal, Mississauga South, ON]

Mr. Speaker, I think the member has crafted a speech that raises all the concerns members have had at second reading. However, the member will well know that, at second reading, we are talking to ourselves.

I think the important part here is that we express our concerns about human rights. I think virtually every speaker, unanimously, in the House has expressed concern about human rights abuses in Colombia and with any of the people we trade with. There are a lot of countries around the world that have very poor human rights records as well.

The question then becomes whether or not it is our responsibility to see this bill go to committee after second reading so that we can hear from the expert witnesses, the human rights advocates and those who will try to explain to the committee whether or not trade will, in fact, have a beneficial impact on the human rights situation in a country like Colombia. If not, that kind of evidence and testimony would certainly give parliamentarians a better perspective from which to craft a strategy for dealing with trade with those countries who have problems with humanitarian rights.

Would the member like to see some of these human rights groups come to committee and make the case to support some of her arguments, or does she just want to ignore what the international bodies are saying and decide right now that we are not going to be able to carry this any further? Should we not hear from those witnesses?

[Diane Bourgeois, Bloc, Terrebonne—Blainville, QC]

Mr. Speaker, the Liberal member has posed a very good question.

I do not agree with him when he says that all members have expressed concerns about human rights. I have been listening to the debate for a very long time. If he takes a look at this morning's debates in particular, he will realize that members of his own party have nothing but praise for this free trade agreement, which truly surprises me.

I do agree with him when he states that other countries have a very poor human rights record, but not as poor as that of Colombia. It is Colombia's underground wealth that is coveted by mining companies. Colombia is one of Canada's very minor trading partners. There is very little, except for some grains.

This morning, members opposite said that it would help exports. However, that is just not true. Our exports to Colombia are practically nil. He ought to do some deeper thinking.

At second reading, it is possible that it is effective. I hope that, if this bill is adopted at second reading, members of the Liberal Party will ask questions and try to understand the crux of the matter—

[The Deputy Speaker, Conservative, Andrew Scheer]

I must interrupt the hon. member as there is another question.

The hon. member for Elmwood—Transcona will have less than 30 seconds to put his question.

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

Mr. Speaker, certainly the Liberal flip-flop on this issue is akin to the sheriff having joined the rustlers, because in 2008, less than two years ago, at the Standing Committee on International Trade, the Liberals were pushing for an impartial human rights assessment before any agreement was signed. That is what they wanted to do two years ago under their previous leader and the previous critic.

They had a change in the Liberal Party, a new leader and a new critic, and now they have flipped right over directly in line with the Conservative position, a total flip-flop on the issue.

I would like to ask the member whether she agrees with that analysis.