Thank you very much, Mr. Chair and committee members. Amnesty International certainly welcomes the opportunity to be in front of you this afternoon on this very important issue.
I'd like to begin by sharing with you a global urgent action that Amnesty International issued just a few short hours ago on behalf of 17 human rights defenders and labour activists who have received death threats in Colombia over the past week. Those threatened include members of the Trade Union Congress in northeastern Colombia, Santander Department, who have received a written death threat from the paramilitary group, the New Generation of the Black Eagles in Santander. The threat, dated April 18, warned against holding any marches or demonstrations to mark International Workers Day tomorrow, May 1. It said, “There is a detachment of men available who will fulfill our orders and cleanse all you servants of the guerrilla”.
From those current concerns I'd like to take you back 10 years to a moment when Kimy Pernía Domicó, a Colombian indigenous leader, testified before another House of Commons committee. He detailed the way in which a multinational megaproject that had received $18.2 million U.S. in Canadian investment had destroyed the environment on which his people, the Embera Katio, relied for their survival. He explained how the project violated their right to a healthy environment, flooded their crops, eliminated fish stocks, and brought malnutrition and disease.
Kimy Pernía stressed that Embera Katio communities were never consulted about the project that would devastate their territory, in violation of both the Colombian constitution and international human rights treaties. He also explained how those who spoke out about those violations were threatened and attacked. Leaders had been killed and others had received death threats. He added that his own life was in danger. Sadly, he was not exaggerating.
In 2001, soon after he returned to Colombia from another trip to Canada, during which he attended the Summit of the Americas in Quebec City, Kimy Pernía was forced onto a motorcycle by two armed men who put a pistol to his head. He was never seen again. Last year a Colombian paramilitary leader admitted that Kimy was killed by army-backed paramilitary, yet almost seven years after he was abducted in broad daylight in front of witnesses, the Colombian state has failed to bring anyone to justice.
Kimy's murder is an all-too-common example of what happens to those who challenge investment projects that will negatively impact on human rights in Colombia. Our concern is that such a situation could easily be repeated under the proposed Colombia-Canada free trade agreement.
Amnesty International takes no position for or against free trade per se, or any other particular approach or trading policy. We recognize that trade and investment in themselves are neither inherently good nor bad for human rights, but that human rights needs specific, determined attention to ensure that trade and investment policies do not impair human rights protection.
In the Colombian context there is serious reason to be concerned that such careful, concerted attention and safeguards are entirely lacking and that human rights will inevitably be further imperiled as trade and investment is opened up in these circumstances. We outlined that concern in an open letter to Prime Minister Harper last July, and again in December in a letter to the International Trade Minister Emerson.
This is not just about the past. This is not just about Kimy Pernía's tragedy of 10 years ago. These are realities that continue today. I've told you of today's urgent action. Let me give you just two other recent examples.
Earlier this month, on April 10, an e-mail death threat signed by the Aguilas Negras paramilitary group was received at the offices of the agro-mining federation in Bolívar Department. The same threat was also sent to the offices of other non-governmental organizations and to three Catholic priests, all working in this area rich in minerals. The death threat stated, “You will be killed one by one. Start getting your loved ones ready so they can bury you.”
On March 22, a member of the National Union of Coal Industry Workers, Adolfo González Montes, was tortured and killed. At the same time, other leaders of the union received telephone death threats and reported that their homes were under surveillance by unknown individuals. The killing and threats coincided with preparations by the union to initiate negotiations on working conditions with BHP Billiton, AngloAmerican, and Xstrata, the companies that own the Cerrejón coal mining operation in La Guajira department.
These specific incidents arise in a wider human rights context, which is directly relevant to this proposed agreement. Grave human rights abuses are committed against indigenous and Afro-Colombian communities defending their land rights in areas of interest for resource extraction or agricultural potential. There are ongoing threats and attacks against trade union leaders. Violations against community leaders and small-scale miners in areas of mineral wealth are of great concern. Since 1985, more than three million Colombians have been forced to flee their homes. More than 60% of those displaced have been evicted from lands situated in areas of mineral, agricultural, or other economic interest. These high levels of displacement continue, with 305,000 new cases last year alone, particularly affecting Afro-descendant and indigenous communities.
The Revolutionary Armed Forces of Colombia, FARC, and the National Liberation Army, the ELN, continue to commit human rights abuses and to violate international humanitarian law, including the deliberate killing of civilians and hostage-taking. There has been a disturbing increase in extrajudicial executions carried out by state security forces. The victims include trade unionists, campesino leaders, members of indigenous communities, and other social activists. Most of these killings have been referred to the military justice system, despite a 1997 constitutional court ruling stating that human rights cases implicating the security forces should be handled by the ordinary justice system. Notably, human rights defenders who have been raising objections about the situation have been publicly accused by President Uribe of working with guerrilla organizations.
Finally, as Gerry Barr has referred to, there is mounting evidence of very disturbing links between members of President Uribe's political circle and illegal paramilitary organizations. Paramilitary commanders claim they control 35% of the Colombian congress. More than 60 congressmen from President Uribe's coalition are now under investigation by the Supreme Court. Last week, the president's second cousin and close political ally, former Senator Mario Uribe, was arrested. He stands accused of participating in meetings with paramilitary groups in which land grabs were orchestrated. President Uribe, in response to all this, has proposed mechanisms to set free or reduce the prison terms of politicians who may be convicted of colluding with paramilitaries and has also made public attacks against the Supreme Court and individual judges who are conducting these investigations, thus threatening judicial independence.
Before this committee and elsewhere, the Colombian government insists that Colombia's human rights situation has substantially improved. I believe you've heard reassuring statements in that regard from Canada's ambassador in Colombia and other government officials. Amnesty International is extremely concerned that such statements repeatedly only point to the limited improvements there have been in a few areas, such as overall conflict-related killings and kidnappings, and that the wider, very worrying human rights situation I have outlined is disregarded.
Take, for example, the issue of violence against trade unionists, an enormous issue of concern in the context of free trade negotiations. The Colombian government talks about a reduction of violence. The number of killings was lower in 2007 than in 2006, but the number of failed assassination attempts of trade unionists doubled and there was no reduction in the number of death threats. Indeed, there was an increase by some 22% in the number of forced displacements of trade unionists. Meanwhile, more currently, in the first three months of this year there was an 89% increase in the number of killings, in comparison with the first three months of 2007.
The point here is that there has been no substantive or sustained improvement in the human rights situation faced by trade unionists, nor will there be until decisive action is taken to end impunity, which remains at more than 90%.
The Colombian government also talks about strengthening its protection program for vulnerable sectors, including trade unionists. Of course, efforts to provide physical protection to trade unionists are laudable, and they may be of help, but the failure to take substantive action to end the impunity that prevails in these cases means the efficacy of these programs will at best be limited.
The Colombian government also insists that paramilitaries no longer operate in the country. This view has been contradicted by reports from the United Nations, the U.S. State Department, and the Organization of American States. There is indisputable evidence that many traditional paramilitary groups continue to operate in many regions and that the number of killings committed by them remains high. There is also clear evidence of continued collusion between these groups and the security forces.
The bottom line, sadly, is that Colombia's human rights situation has not substantially improved--in many aspects it has worsened--and that by any measure it remains an absolute crisis. In such dire and worrying circumstances, Amnesty International has called on the government to go no further with the possibility of a free trade agreement with Colombia, unless and until an independent, impartial, and exhaustive human rights impact assessment is carried out. A human rights impact assessment must be conducted by a competent body. It must be subject to levels of independent scrutiny and validation, and there are many other safeguards that would have to be put in place to make it a good process. The negative impacts identified by any such assessment would then need to be addressed before any consideration is given to negotiations going ahead.
We have also put in front of the government a range of human rights recommendations, which we would make with respect to any proposed trade deal. This includes the necessity of guaranteeing effective and genuine participation in negotiations by a broad representation of society; ensuring that the main text includes explicit reference to the full spectrum of international human rights norms; and that the main text ensures that the agreement will be interpreted and implemented consistent with those obligations, including that any dispute arbitration mechanisms will explicitly include human rights obligations.
Ten years ago, Colombian indigenous leader, Kimy Pernía Domicó, whose story I began with, told Canadian MPs that they did not want others to suffer as they had. I would like to stress to members of this committee that there is so much that needs to be done to address human rights concerns in Colombia before it would ever be possible to responsibly go ahead with a free trade deal of this sort. Unless and until that happens, I think Kimy Pernía Domicó's words remain to haunt us. Others will continue to suffer as he and his people have, and that's something this nation would certainly never want to stand for.
Thank you.