We are seeking a robust dispute resolution mechanism in the side agreement. That would provide the opportunity for members of the Canadian public to bring forward complaints for non-compliance with the obligation to effectively enforce laws. Also, with the breakthrough arbitration we were talking about, these laws must reflect internationally recognized labour standards.
Therefore, the process is that members of the public bring a complaint to our office--a point of contact, if you wish, within government. We then analyze the merits. If the complaint falls within the framework of our agreement, then the dispute resolution process starts. An investigation is made and a report is written, which can lead to ministerial consultation. If the problem is not solved at the level of ministerial consultation, a dispute resolution panel, which functions along lines similar to the dispute resolution panels for trade matters, is then formed. They study the cases if there is non-compliance.
What I'm describing are the same sorts of things you have seen in previous agreements, except this time we are seeking that this dispute resolution applies to a greater number of obligations. This panel can then impose financial penalties, to be deposited into a cooperation fund. That money can then be used to resolve the matter at hand.
We are seeking to achieve a balance between a sufficient deterrent--a hard agreement, if you wish--that will ensure compliance while remaining with a problem-solving approach. By creating a fund, not pocketing the money for the Canadian government but keeping the money in Colombia to solve the problem, then both governments would agree on the mechanism to ensure compliance.
It is robust, transparent, and open to the public.