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

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

Mr. Speaker, I agree completely with his analysis and I do not understand this flip-flop. Is it because the Liberals want to befriend the big Canadian mining companies? That is possible. I just do not understand: the party that defended human rights has done a complete about-face today and does not care in the least. I would ask the Liberal members to question their leader about this.

[Bradley Trost, Conservative, Saskatoon—Humboldt, SK]

Mr. Speaker, I rise with great pleasure today to discuss the Canada-Colombia free trade agreement.

It is not often that one can get excited or energetic about certain treaties. By and large they are viewed as rather dry and ordinary things, but I have a personal stake and a personal interest in this treaty. Unlike most members of the House, I have family that is in Colombia and not just Canadians who have immigrated there as expatriates to take a high paying job. They are 100% born and bred Colombians. So for me, Colombia is a special country, a country not as special as my homeland, Canada, but a country that has great potential, a great future. It is a beautiful country.

For those who are watching I encourage them to visit. The stereotypes of a failed state that is incredibly dangerous and a narco-state with guerrillas running there are stereotypes of the past.

I have visited Bogota and Cali, and the regions around it. It is a beautiful country. One of the country's slogans reads, “Colombia is Passion” and it is quite accurate. It is a place where I encourage, particularly come winter, Canadians to consider.

I had planned to speak almost exclusively on the issue of agriculture and Canadian exports to Colombia. I am predominantly here to represent the people of Saskatoon--Humboldt and they will benefit greatly from this treaty because of the nature of commodities that are grown in my riding.

However, watching earlier today on television and listening to some of the debate and statements made by some of the members, it is apparent that they do not have a firm grasp of the actual facts on the ground in Colombia. I feel that I must take a few minutes before I get into the main body of my speech to rebut some of the arguments.

First, while the arguments against this agreement are clever politics, members holding themselves up as defenders of human rights against money-grabbing business interests, the core of their arguments on human rights is disingenuous and not factual.

The critics of this treaty have deliberately chosen to ignore the effects this treaty will have upon the Colombian people. In fact, the argument that human rights will be damaged by this is wrong. It is the complete reverse.

If one thinks what is one of the most fundamental human rights for mankind, it is the right to food. Therefore, let us look at what this treaty will do for food in Colombia. It will lower the cost for staple foods: peas, lentils, oats and wheat. These are things that ordinary Colombians eat every day and are a particularly high percentage of the budget of low income Colombians.

Canadian exports to Colombia will not displace local production. The grains that we will export to Colombia will not affect the local commodities. They will displace commodities imported from places such as Chile, the EU and the United States.

The other thing that would be interesting for our viewers to note is that Colombia has a very large social problem. Some of the industries that will benefit from the treaty actual deal with these social problems. The Colombian textile and apparel industry will gain more access to Canadian markets under this treaty. That is important to Colombia for social reasons. Many of the workers in the textile and apparel industry are what are called heads of households, single mothers whose husbands have either died or run off and are not supporting their children. These women, who are raising their families, work in disproportionate numbers in this industry.

It may interest the House to know that some Colombian businesses have gone directly and given priority to these women to help them because of the social need in this country.

That is one very basic human rights issue, the need for a good job and the need for employment for lower income Colombians. That is what this agreement is seeking to do, to help Colombians. Would it solve all the problems? No, but it is a good benefit, a human rights benefit to the people of Colombia, giving people the ability to make a living. Is there a more fundamental human right than that?

The other major point that has been brought forth by critics today is that the Colombian government, for some reason, does not seem to care about human rights and does not care about union rights. I found this most interesting having listened to the debate.

Members keep citing the number of union leaders killed without noting that some of those union leaders were killed by leftist guerrillas, some were killed due to other causes, and that there is a considerable amount of violence in the whole country.

I have still yet to hear either the Bloc Québécois or the NDP cite the number of evangelical pastors killed in Colombia, a group that is not normally known to be left-wing but has suffered disproportionate violence there as well. If their case was sincerely about human rights, they would cite those as well.

They point at the question of targeting the unions. It should be noted that local union leaders support this free trade agreement with Colombia, even as their national presidents and associations oppose it. It comes down to the question: do we support local union leaders or the nationals.

Other things should be noted as well. The Colombian government has its own judicial and human rights and legal system, and these are working. Colombian businesses are one of the highest investors of any country in the world in social development programs for its people. This is verifiable by independent statistics.

Having dealt with a few of those issues, let me talk about the positives that this agreement has for Canada.

Our government has aggressive free trade agreements that are providing tools Canadians need to compete and succeed around the world. We have negotiated with other countries, such as Jordan, Panama and EFTA. This agreement is one of the tangible examples of how the government is working to maintain and expand markets for our agriculture exports.

This free trade agreement will strengthen our existing trade relationship with Colombia and provide Canadian agriculture, and agri-food exporters and producers with improved access to this important market.

Canadian exports of agri-food products are worth $247 million. Colombia is the second largest market for Canadian agriculture exports to South America. The purpose of this treaty is to increase our market share.

At the moment, however, Colombia maintains tariffs averaging 17% on agriculture products, rising from 10% to as high as 108% for some pork products, 80% for some beef and 60% for certain beans.

Thanks to this free trade agreement, Canadian producers will benefit from the elimination of tariffs on exports to Colombia. In fact, 86% of agriculture tariffs will be eliminated immediately once the agreement is in force, including for Canadian exports of wheat, barley, lentil and peas. These are real tangible benefits for producers in my province of Saskatchewan.

To the benefit of our food processors and consumers, Canada will immediately eliminate tariffs on nearly all agriculture imports from Colombia. This is important to help fight the drug problem in Colombia because these are the sort of crops that are replacing the coca production in the areas that produce cocaine. This is important for security and human rights in Colombia.

The passage of this free trade agreement is essential if we are going to compete effectively within Colombia's market. Other countries recognize that there are opportunities in Colombia. Colombia has concluded similar agreements with the U.S. and the E.U. These are major agriculture competitors with Canada who we must beat into the Colombian market.

Colombia is a vibrant and dynamic market for Canadian exporters and has been an important partner in international trade. Getting into Colombia in a timely manner helps our farmers to be competitive.

Opening expanding markets around the world creates opportunities for our producers to drive the Canadian economy. Now more than ever we need to do everything we can to open doors for our producers, our workers and our farmers, not close them

In Colombia, like everywhere else, we have continued these efforts with the free trade agreement and with recent announcements of the reopening of the Colombian market for Canadian cattle and beef. Colombia was the first country in South America to reopen its market to Canadian cattle since 2003. This is great news for our beef and cattle industry.

Our government will continue to work for Canadians to ensure that they have full access to important markets across the Americas and across the globe.

This free trade agreement includes obligations addressing technical barriers to trade to facilitate the conduct of trade, and ensure that regulatory processes do not become unnecessary obstacles.

In summary, this agreement is good for Canada and it is good for Colombia. All members need to vote for it.

[Paul Szabo, Liberal, Mississauga South, ON]

Mr. Speaker, I thank the member for his personal knowledge of the Colombian situation. It is always helpful to get a perspective.

I spoke to this particular bill some time ago and one of the key aspects was the corrupt judicial system within Colombia. The number of murders was staggering and there were virtually no prosecutions whatsoever. This is concerning to me. The member did not comment on the state of the judicial system there.

I would be interested to know if he is aware of any jurisdiction, other than his heart, where improving trade with that jurisdiction would have a substantive effect on human rights abuses within that country?

[Bradley Trost, Conservative, Saskatoon—Humboldt, SK]

Mr. Speaker, the precise examples that I gave in my speech were on increasing the quality of life for the poor people of Colombia. As far as will wealth inevitably create more human rights, I do not automatically equate the one with the other. World War II Germany was a wealthy country which did not respect human rights for that era.

However, in regard to the question if Colombia itself is trying to improve by doing its best, I would think there are other answers to that question and those answers are “yes”. Having spoken with lawyers who work in the human rights department and have been under pressure in the Colombian government, and having discussed the matter and looked at the rates of crime and violence, both involving the war, assassinations and so forth going down, the government is doing its best to try to get a grip on the situation. I think that can be demonstrated at committee, through statistics and discussion of certain programs.

[John Rafferty, NDP, Thunder Bay—Rainy River, ON]

Mr. Speaker, I listened very closely to the comments of the member. In fact, Colombia is indeed probably one of the most beautiful countries on this planet. Its temperate climate is absolutely beautiful 12 months of the year. It is a wonderful place to visit. However, it does have some problems. It is the longest democracy I think in South America, 200 years of history. However, it has had 200 years of violent history. So, I am not entirely sure that free trade is going to stop that particular tradition of 200 years.

It looks as if there is not going to be a fair presidential election on May 30. The international pre-election observation mission to Colombia, which is in the first leg of its study, has found a number of problems, such as human rights violations, illegal armed groups interfering with the electoral process, creating fear and intimidation, illegal campaign financing, and the list goes on.

My question for the member is this. Would it not be wise to wait until after the presidential election to see what happens before even proceeding with Bill C-2?

[Bradley Trost, Conservative, Saskatoon—Humboldt, SK]

Mr. Speaker, my hon. colleague gets to the point why there is a filibuster on this bill. No credit wants to be given to the current Colombian administration. Let us be fairly clear. Independent polling of the race clearly states that supporters of the current president and his policies not only take first place but, in most polls, also take second place.

Is the system down there perfect? No, it is not. However, that is the same as stating that it would not be wise to negotiate trade agreements with Canada because of the sponsorship scandal and the previous effect it had on political parties in this House.

To draw such a strong link between certain problems that are limited in the country to the complete opposition to all trade treaties to the country is, in my opinion, ludicrous.

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

Mr. Speaker, the Conservatives basically decided on the human rights assessment issue two years ago and they were against it. The question is, why would they not allow the committee to carry out a independent human rights assessment if they thought that Colombia, in some way, would measure up? The truth of the matter is they knew Colombia would not measure up.

Also, we know they like to follow the United States. Even George Bush could not get this agreement through Congress in the last three years. So, the question is, what do the Americans know about the situation in Colombia that the current government obviously does not?

[Bradley Trost, Conservative, Saskatoon—Humboldt, SK]

Mr. Speaker, currently, the American political situation is dominated by protectionists in its Congress. That is hardly unique. The Canadian government has no interest in imitating the American government in its massive deficit protectionist mentality that currently seems to be down there. We fought with the United States on issues about the buy American issue, not all elements. Some down there engaged us on it. This is actually a reason why we should get ahead of the United States instead of following. Canadian companies can get an advantage before a U.S.-Colombia trade deal goes through, which would provide us with substantive economic leverage.

[The Deputy Speaker, Conservative, Andrew Scheer]

It is my duty, pursuant to Standing Order 38, to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for Charlottetown, The Budget; the hon. member for Halifax, Housing.

Resuming debate. The hon. member for Don Valley West.

[Rob Oliphant, Liberal, Don Valley West, ON]

Mr. Speaker, I rise somewhat nervously, standing very much in agreement with the hon. member for Saskatoon—Humboldt. It does make me a little bit nervous to be speaking in such agreement with him. I will offer some different reasons why at second reading stage I will be voting in support of the Canada-Colombia free trade agreement and sending it to committee for review, consultation, consideration, amendment and passing so that we can continue a relationship with a country that desperately needs a relationship with Canada.

I have come to this position rather circuitously, hoping that I would hear something in the debate, and I have been listening to the debate, that would convince me that it is indeed good for Canada and Colombia to enter into this agreement. I have heard enough now that I actually think it is a good idea that we engage in this process.

It gives us an opportunity to look at human rights in that country in a new light and actually engages us in this discussion. In fact, if the government had not presented Bill C-2, we would not be having this discussion about human rights in Colombia. It is a good thing for Canadians to open their eyes to the human rights abuses, the dismal record of human rights in that country, but also the potential for a country to examine itself and police itself eventually and enter into world trade agreements and bring about prosperity and hope to its people.

For the last 25 years I have worked as a United Church minister. The United Church of Canada has stood very strongly in favour of various agreements in the world that will allow human rights to be discussed and also to be improved. It is in that light that I begin to look at this agreement.

I am very pleased that the Liberal Party will be presenting an amendment that looks at the mechanism within this agreement to ensure that human rights abuses are monitored and that the effect of this agreement is actually measured as time goes by.

In this discussion I have been surprised at some of the opposition members who seem to not understand that a free trade agreement is essentially an economic agreement. It is an agreement about trade, not principally a human rights agreement. We can take this as an opportunity to open the door to discuss human rights and to try to foster better human rights in another country, but it is essentially a trade agreement that is about prosperity, economics and making sure that Canadians have products that we can receive and use, and that we can sell and make a profit on.

This particular agreement, though, has raised concern. My constituents in Don Valley West have expressed that concern to me quite regularly. I have received a number of letters from very thoughtful constituents who are concerned that we may be fostering human rights abuses through this trade agreement. I simply do not see that as a possibility. Nor do I see a free trade agreement as being some sort of prize for having an unblemished human rights record. I do not think there is a single country in the world that could stand up to the test of having an unblemished human rights record.

Certain countries, such as Colombia, have a much more tarnished record on human rights. The record of atrocities has been enumerated by members of this House. As people read through Hansard, they can read the number of concerns that we have. Every single one of those is valid, but do we think a free trade agreement will help this or hurt this?

I have come to the conclusion that as we move toward freer trade with Colombia, we will be building prosperity and that prosperity will bring about human rights improvements. We do not have proof of that. Those concerns should linger in this House. Those concerns should dominate the work of the Department of Foreign Affairs and International Trade, as well as the committees of this House that examine international human rights and the effects of this agreement. I think that we will be investigating that over many years to come.

I am very pleased the amendment which we on this side of the House have managed to negotiate will ensure that our Parliament, and not only the government, will be monitoring human rights.

There is a sense that we do not trust the Colombian government. I understand that lack of trust. It is a government which has dubious electoral practices. Colombia is a country that has had unusual difficulties with respect to narcopolitics, gangs and various other human rights abuses. However, that does not mean we wait until those issues are dealt with before we start a trade agreement that actually improves the life of ordinary Colombians.

Ultimately that is our goal. Our goal is not to be ideologically for free trade, or ideologically against free trade. Our goal is to examine this agreement as an agreement with one country and see whether or not it will foster human rights, whether or not it will engage people in the international community in ensuring that the very poorest in our world have greater prosperity, greater openness in government, greater engagement with the world and greater opportunity to come to know Canada and what Canada stands for.

My sense is that the government has entered into this agreement largely based on an economic strategy. I applaud the Conservatives for beginning the debate, but I also am encouraged that they understand this is not just an economic agreement, but also an opportunity to engage in these questions of human rights.

I have received a number of letters outlining disturbing cases, but no more so than the conversations I have had with Colombians who live in my riding. I have never been to Colombia. I am not an expert on it, nor am I an expert on free trade, but I have an interest and a passion for the Canadians who have come from Colombia and now live in my riding. They have expressed two concerns. They have expressed concern for relatives who still live under the threat of a tyrannical government, but also those who have not had the possibility of jobs and the opportunity for economic advancement. They are of a divided mind when I discuss this agreement with them. They are concerned about the possibility of this agreement being used as a stamp of approval for the Colombian government and its current practices. In no way is it that at all.

This agreement is an opportunity to engage in the conversation and to begin to monitor human rights and put on that monitoring the obligation that Colombia will have to fulfill its obligations under this agreement. Monitoring of human rights is very much a part of that.

The most devastating cause of human rights abuses is poverty and misplaced power. This trade agreement begins to address both of those issues. It begins to look at a government and demand from it democratic institutions, democratic responses so that that government may be a world player with us and we can engage with it as a sibling government.

More importantly, it opens up the opportunity for prosperity, for the accumulation of wealth and for an understanding that ordinary people deserve jobs that we take for granted. It is simply too rich for us in a northern western country with all that we have to stand back and say that we expect something more from Colombia than we have of ourselves.

Canada's human rights record is not unblemished. Canada's human rights record certainly is not as extreme as that of a country like Colombia, but our own country has not been perfect with respect to first nations, with respect to new Canadians, with respect to women and with respect to children. We have much work to do on that, but that does not stop us, nor should it stop us from economic participation in the world.

This agreement affords us an opportunity as a Parliament to open up our doors, open up our minds, open up our hearts to understand another part of the world we may not understand. If we were to wait for all human rights abuses in that country to end before we engage with it economically, we would be waiting forever. Instead, we should open the door to have a two-way conversation, for goods and services to flow, for cultural opportunities to expand. In that sense we as a country will be helping another part of the world meet our standard of living, develop an economic standard, a human rights standard and a standard about the cultural way of living that we expect in Canada.

[Bradley Trost, Conservative, Saskatoon—Humboldt, SK]

Mr. Speaker, as would be expected with my colleague's background as a United Church minister, he is quite interested in the human rights question. In my time both on my trips to Colombia and in talking to people here, I have had the privilege of talking with many organizations, government relations personnel, human rights personnel, et cetera.

I am a member of the committee involved in studying this agreement. At committee, what sort of messages and witnesses would give the member comfort that the human rights situation is being monitored and that the development by Canadian companies there is progressive, solid and is building the country? What sort of people would he be looking for at committee to help reassure him regarding his human rights concerns?

[Rob Oliphant, Liberal, Don Valley West, ON]

Mr. Speaker, I will be looking for a variety of witnesses. They should come from third party, outside international multilateral bodies, the United Nations High Commissioner for Human Rights, for instance, that look at those kinds of questions. There should be a variety of Colombian voices and perhaps some from its neighbours as well. There would need to be voices from labour unions, from other NGOs, from the churches, the evangelical churches and the Roman Catholic church as well.

Human Rights Watch has been to my office in Toronto. It has expressed strong concerns about this agreement to me. I would hope that Human Rights Watch and some of the Canadians who have monitored elections would be brought in. I have some names of people who were involved in the last election monitoring endeavour. I think there are some very carefully worded questions that should be answered. Their answers would be weighed. We would weigh what they said, recognizing that everyone has a degree of self-interest in the answers given to these questions.

I trust the committee members in listening to the answers to their questions will give some thought to whether not having a free trade agreement would help or hurt human rights, more than having a free trade agreement would help or hurt human rights.

Decisions regarding helping or hurting a country are important to discuss.

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

Mr. Speaker, we were concerned in the House about the Liberal flip-flop on this particular issue. Two years ago the member and the Liberal Party appeared before the Standing Committee on International Trade. At that time they were supporting an impartial human rights assessment. There is nothing wrong with that. As a matter of fact, that is the proper way to approach this issue. Trade with Colombia continues with or without this agreement. That is where the Liberals were under their previous leader and their previous critic.

Then there was a coup in the Liberal Party. A new leader and a new critic took over and all of a sudden, the Liberals have moved to the extreme right. They flipped overnight. Now they are in lockstep with the Conservatives. However, those members who were for the independent human rights assessment are still sitting there and are now being forced by their new leader to get onside with the Conservatives.

I am just asking the member how he can feel comfortable with flip-flopping so fast on this issue.

[Rob Oliphant, Liberal, Don Valley West, ON]

Mr. Speaker, I am happy to respond, because I do not see any flip-flop here. I see an evolution of thought and ideas and an improvement on the government's plan.

Our leader is an internationally recognized and renowned expert in international human rights. He has written extensively, travelled extensively, discussed extensively and is quoted extensively on international human rights. He is bringing to bear the thought that an annual examination of human rights as embedded in this new treaty as it will be amended would be far more effective than any idea the New Democratic Party could ever come up with.

The reality is we are putting right in the heart of this agreement the requirement that we as a government and as a Parliament engage in constant, ongoing evaluation of human rights so that we will see whether this agreement is helping or hurting the people.

[Francine Lalonde, Bloc, La Pointe-de-l'Île, QC]

Mr. Speaker, I must say that I have been dying to speak. I am shocked by the comments I have just heard about free trade promoting human rights, and by the Liberal flip-flop on the free trade agreement.

I would like to take a quick look at the past. I remember the reaction in Canada when Brian Mulroney negotiated a free trade agreement between Canada and the United States. Canada did not want a free trade agreement at all, but Quebec wanted one because it was good for Quebeckers. In the end, with the help of Quebec, Mulroney won the election, and he negotiated a free trade agreement with the United States.

Then, Jean Chrétien took power. He promised to do all he could to put an end to the free trade agreement. What did he do? He not only failed to put an end to it, but he also went on to become the greatest proponent of free trade agreements that I have ever seen. This comment was in response to the Liberal flip-flop.

As for human rights, I would like to hear how a free trade agreement could promote human rights. I have heard in this House, from very well-meaning people, that Bill C-2—