House of Commons Hansard #20 of the 40th Parliament, 3rd Session. (The original version is on Parliament's site.) The word of the day was colombia.
The Acting Speaker Conservative Barry Devolin
I am not sure that is what the hon. member for Outremont said. Could the hon. member for Outremont very quickly complete his comment?
Thomas Mulcair NDP Outremont, QC
Yes, Mr. Speaker, and I thank you for listening, unlike the Liberal member who does not like anybody saying anything negative against him. This is Parliament and it is a place for speaking and for debate.
The subject of debate is a free trade agreement with a country that does not respect human rights and does not respect the environment. The Liberals are in favour of it because they have no principles on either of these two issues.
Johanne Deschamps Bloc Laurentides—Labelle, QC
Mr. Speaker, here we are again debating the bill on the implementation of the Canada-Colombia free trade agreement, which is now called BillC-2.
Today, just as when we dealt with it as Bill C-23, the Bloc Québécois is totally opposed to Bill C-2. The difference now is that the Liberals, like the Canadian government, will become accomplices to the many human rights violations in Colombia.
Just like their Conservative colleagues, the Liberals could not care less about all the recommendations made by the unions and human rights organizations opposed to the free trade agreement between Canada and Colombia because that country has one of the worst track records in the world when it comes to human rights. We see that there are two parties and two views, but one and the same vision.
It is no secret that acts of violence and intimidation, as well as fearmongering against Colombian unionists and aboriginal and Afro-Colombian communities, are widespread in Colombia. While dozens of union activists are murdered each year and aboriginal people are evicted and expelled by force from their lands in order to attract foreign investors, Canada is preparing to sign an agreement with a government criticized for its involvement in corruption scandals.
And that is an understatement. The fact that the bill on the implementation of the free trade agreement between Canada and Colombia is the first bill submitted to the House by the Conservative government confirms that party's desire to rush it through, in order to cut off debate on the agreement and to silence its opponents.
Why is the Conservative Party still insisting on implementing this agreement even before an assessment of its impacts on human rights is carried out? Such an assessment would help to measure the impact of policies, programs, projects and actions on human rights and would help to evaluate the repercussions of the legal obligations in the agreement.
The Liberals' proposed amendment to the Canada-Colombia free trade agreement, which the member for King's—Hants introduced last week in the House, is not enough for the Bloc Québécois to support Bill C-2. Any assessment of the agreement's human rights impact must be carried out by an independent agency. Otherwise, it will have no legitimacy.
It is vital that an independent, transparent, neutral assessment be conducted before the free trade agreement is implemented. Even the Public Service Alliance of Canada is calling for one:
—any human rights impact assessment must be carried out by credible third party, independent human rights experts, before the deal is implemented.
Recently, a delegation of 22 election observers, including four Canadians, took part in a two-week international election monitoring mission in Colombia. I would like to share some of the delegation's observations from the field. Speaking on behalf of the delegation, Ms. Pickard said this:
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.
There's a climate of fear among the population, which makes basic democratic principles that Canadians take for granted—like open debate, freedom of political association and participation in the election process—extremely dangerous for Colombians to pursue.
The group's findings show that the free trade deal being pursued by Ottawa is not the way for Canada to be supporting democracy in Colombia. Instead, the Canadian government should be demanding an independent human rights assessment and fundamental reforms in that country before moving forward with the trade deal.
Why a free trade deal with Colombia?
The sole objective of the free trade agreement between Canada and Colombia is to facilitate Canadian investment in that country, particularly in the mining sector.
The Bloc Québécois is not against treaties that relate to protecting investment. The Bloc is opposed to implementation of the Canada-Colombia free trade agreement because it contains clauses copied from chapter 11 of NAFTA. That chapter has been criticized by many people. As soon as a law, for example on environmental protection, reduces the profits of foreign investors, the national government is exposed to huge lawsuits.
The provisions of the agreement will be prejudicial to small farmers and will lead to the expulsion of indigenous peoples, Afro-Colombians and rural communities to the benefit of the mining companies, which, on the strength of their investors’ rights, will be able to exploit the resources with no real constraint. The situation in Colombia is already unfavourable to these people. Armed groups and paramilitary groups are taking over millions of hectares and using violence to force the displacement of the local population and thus profiting from investments in the oil or mining sectors.
As was confirmed by a member of the Groupe de recherche sur les activités minières en Afrique, or GRAMA, when he appeared before the Standing Committee on International Trade, they could not find a mechanism of ensuring that a Canadian mining investment could be made with any sense of security that there was no previous violation of human rights, that the investment would not be potentially supporting people who had engaged in human rights violations, potentially encouraging them to continue that activity, and reinforcing their position, or that the land tenure of the leases, the mineral leases and so on, could be assured to be conflict-free.
This same person recommended that the free trade agreement be subject to a human rights impact assessment. The assessment would eventually lead to the establishment of mechanisms guaranteeing the right of the Colombian government to revoke an exploration concession on lands that were clearly identified as having been a place of forced displacement or massive human rights violations.
As has been mentioned, the Canada-Colombia free trade agreement tends to grant greater protection to Canadian companies that invest in the mining sector and exploit its resources.
The Bloc Québécois fears that the investment protection measures provide disproportionate protection to Canadian investors to the detriment of local peoples and the environment.
The Colombian government may pass legislation governing the activities of mining companies, but the Bloc Québécois has always preferred the adoption of mandatory standards and accountability measures to govern the foreign operations of Canadian mining companies.
The Canadian government prefers to dismiss the recommendations of the National Roundtables on Corporate Social Responsibility and the Canadian Extractive industry in Developing Countries, which included the adoption of mandatory standards on social responsibility and the creation of an independent ombudsman position. The Canadian government prefers to please the mining lobby by proposing standards for voluntary social responsibility.
The serious concerns which led the Standing Committee on International Trade to request a study of the impact of the Canada-Colombia free trade agreement on human rights have not disappeared. It is for this reason that implementation of an independent, impartial and complete study of the impact of this agreement on human rights is essential.
If the Conservatives and the Liberals insist on implementing the Canada-Colombia free trade agreement, they will be sending a negative message to Quebeckers and Canadians. The Canadian population will become passive witnesses to the violation of human rights in Colombia. In fact, Canada will become complicit in human rights violations in Colombia.
Jim Maloway NDP Elmwood—Transcona, MB
Mr. Speaker, the fact of the matter is that this bill was dead. This was a dead deal until the government got an unexpected gift from the Liberal Party. The Liberal critic rode into town and made a deal with the Colombian government, and surprise. The government is probably still in a state of shock over this development. The Liberal Party is facilitating this deal that was effectively dead until a couple of weeks ago.
I would like to ask the member if she would like to comment on the Liberal role in this process?
Johanne Deschamps Bloc Laurentides—Labelle, QC
Mr. Speaker, I would like to say something intelligent but it is very hard to know where the Liberals stand these days, as the New Democratic member mentioned. The Liberals say one thing and do another.
They reversed their position on the free trade agreement and I am hardly surprised to see them changing position again on Bill C-23, which has become Bill C-2.
Scott Simms Liberal Bonavista—Gander—Grand Falls—Windsor, NL
Mr. Speaker, the history of both the Bloc and the Parti Québécois is that they have been historically in favour of free trade agreements. Certainly, when the debate evolved back in the 1980s and the 1990s, they were certainly on board with the free trade agreement with the United States, which eventually evolved into NAFTA.
Now, her colleague from the NDP talked about the fact that we should learn from mistakes made in NAFTA and apply them in this particular free trade agreement, and perhaps the Canada-Jordan agreement coming up, and to others as well.
Specifically, what has changed from what was NAFTA and what is in this particular agreement that creates so much passion for her to be against it?
Johanne Deschamps Bloc Laurentides—Labelle, QC
Mr. Speaker, we have seen great problems with chapter 11 of NAFTA on investment. It enables foreign investors to appeal directly to international tribunals, bypassing the filter of the public good that governments would apply.
The concept of expropriation is so broad that any legislation that would have the effect of reducing an investor’s profits can be deemed expropriation and result in a lawsuit. The amount of the suit is not limited to the amount of the investment and includes all potential future profits. It is totally abusive.
This chapter has been condemned by everyone. As soon as a piece of legislation, for example to protect the environment, reduces a foreign investor’s profits, the government of the country that welcomed the investor is exposed to astronomical lawsuits. Under the Conservatives, now with Liberal support, Ottawa is turning up the heat and negotiating many such agreements.
The Bloc Québécois is opposed to the bill implementing the free trade agreement between Canada and Colombia because of the provisions copied from chapter 11 of NAFTA.
That is my answer.
Nicole Demers Bloc Laval, QC
Mr. Speaker, as always, it was a pleasure to listen to my colleague. In listening to what she had to say, I realized something. More and more, the Liberals support Conservative Party positions, even though those positions, especially in regard to human rights, richly deserve our condemnation.
Last week, the Liberals supported the Conservatives again by voting against their own motion. Does my colleague see another worrisome development there? Are the Liberals and Conservatives basically the same?
Johanne Deschamps Bloc Laurentides—Labelle, QC
Mr. Speaker, everything my colleague just said is true. We have been wondering where the Liberals are going ever since Parliament resumed, and even before the House was prorogued.
I can only agree with what she said, which is all too true.
Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders
Halton Ontario
Conservative
Lisa Raitt ConservativeMinister of Labour
Mr. Speaker, I rise today to share with members the details of the labour cooperation agreement that was negotiated in parallel with the Canada-Colombia free trade deal. Trade is the engine of economic growth around the world and Canada is a nation that derives its wealth from exports.
In 2008 the free trade agreement was signed between Canada and Colombia. When this bill is implemented, Canadian businesses and exporters will gain unprecedented open access to Colombia. We are not alone in our efforts.
The European Free Trade Association consisting of Norway, Iceland, Switzerland and Liechtenstein has concluded free trade negotiations with Colombia, and so has the United States. The economic opportunities in Colombia are significant. This is an emerging market of 44 million people and an economy that is growing. Forecasts suggest that 4.7% growth in Colombia's GDP will occur over the next five years.
In 2009 two-way merchandise trade between Canada and Colombia totalled more than $1.3 billion with hundreds of Canadian companies doing business with Colombia. It is also an investment destination for over 50 Canadian companies, principally in mining, oil exploration and manufacturing, sectors that are vital to Canadian prosperity and innovation.
As the Prime Minister noted earlier this year in his address to the World Economic Forum, we need to embrace enlightened sovereignty in the context of international trade. He said:
Notions rooted in a narrow view of sovereignty and national self-interest must be reconsidered. We cannot do business as though for one to have more, another must have less.
In other words we need to grow and prosper together. That is the Canadian way of doing business and it is an idea that is worth bringing to international markets.
I would like to speak briefly about how this new agreement will be of benefit to citizens of both countries. Here in Canada, many of our citizens have been dealing with hardship caused by the global economic recession. Now there are many encouraging signs that a sustained recovery is underway and that is thanks to our sound financial system, our resilient private sector, and of course our government's decisive response through the economic action plan.
It is important that the Government of Canada and its citizens continue to stay focused on improving the economy and to do this we need to create opportunity by investing in long-term growth and competitiveness. However, it is just not enough to do this in a manner that only benefits Canadians. We take our international leadership obligations seriously and we want to help improve the lives of those with whom we do business.
Not only is trade responsible for generating much of the world's economic wealth, it also has lifted many people around the world out of poverty and despair. Under the terms of this agreement both parties are committed to ensuring that their laws respect the International Labour Organization's 1998 Declaration on Fundamental Principles and Rights at Work.
This means that both countries are committed to ensuring that their laws respect basic values including: the right to freedom of association, the right to collective bargaining, the abolition of child labour, the elimination of forced or compulsory labour, and the elimination of discrimination in the workplace.
However, the labour cooperation agreement that we have reached with Colombia does not stop there. To further protect the rights of workers we are also committed to ensuring acceptable protections for occupational health and safety and minimum employment standards such as minimum wage and hours of work.
Finally, the agreement helps to ensure that migrant workers receive the same legal protection as nationals with respect to working conditions. This labour cooperation agreement demonstrates that Canada is eager to share the values it cherishes with those who it engages as business partners.
It is worth noting that what we have achieved with this new agreement is part of a wider set of objectives that our government has established for engaging with other countries in the Americas.
In addition to building increased trade and investment linkages, we see to strengthen and promote our fundamental values of freedom, democracy and human rights.
I would like to take a moment now and address, specifically, the matter of human rights and of how this agreement will help to concretely make a difference in the lives of citizens of Colombia.
Progress on human rights will not happen by shunning Colombia. We need to engage it as a trading partner so we can talk about how to improve the lives of its citizens, and this is the right course of action.
Over the past four decades, Canada's development assistance program has invested $355 million in Colombia, with a pronounced focus on human rights. Over the last three years alone, we have provided $32 million in development assistance to Colombia. We are one of the largest supporters of the work of the Organization of American States to support peace and demobilize paramilitary forces in Colombia.
Our global peace and security fund is helping to promote peace, protect victims rights and strengthen Colombia's judicial system. Canada also enjoys a frank and open dialogue with Colombia's government at the most senior levels.
Engaging with foreign governments that have made significant gains in improving human rights is the most effective way to secure progress and development. We are committed to working with Colombia to ensure it is able to meet the obligations of the new agreement. To complement this agreement, Canada is providing Colombia with $1 million in labour-related technical assistance funding.
It would be a mistake for Canada to turn its back on Colombia and its people. To do so would risk undermining the will Colombia has shown with improving its track record on security and human rights. The labour provisions negotiated in the context of this FTA are some of the most comprehensive and robust ever negotiated by Canada with any of its trade partners.
The labour cooperation agreement commits both countries to enforce their domestic labour laws and to respect internationally recognized core labour standards.
It creates institutions and mechanisms for intergovernmental consultations and joint activities, as well as for independent evaluations and dispute settlement. Citizens can submit complaints to Canada and Colombia concerning any of the obligations found in the agreement.
It also sets out clearly that there are some very real financial consequences for those who fail to respect the obligations in this agreement, with penalties up to $15 million annually. These penalties will accrue in a special cooperation fund. This fund was negotiated to ensure the proper resources were available to improve fundamental human rights in the case where one partner was not living up to the obligations under the agreement.
This fund cannot be used without Canada's approval, ensuring that these key labour issues will be addressed in the most efficient and effective manner. Labour unions and other associations have called for those measures, and we have delivered.
The NDP has falsely claimed that this and other free trade agreements will allow foreign companies to commit serious crimes and to only pay a fine, and this could not be further from the truth. We expect that every country we sign a free trade agreement with will uphold the rule of law including prosecuting those who murder activists and trade unionists.
However, we also recognize that certain criminal acts are part of a larger campaign to undermine fundamental human rights. That is why we negotiated the establishment of this cooperation fund to ensure proper resources exist to tackle systemic challenges to fundamental human rights.
This is an important year for Canadian economic leadership on the world stage. Canada is hosting the meeting of G8 leaders as well as the G20 summit in June 2010. Engaging with foreign governments that have made significant gains in improving human rights is the most effective way to secure progress and development.
Bernard Bigras Bloc Rosemont—La Petite-Patrie, QC
Mr. Speaker, I was astounded to hear what the minister had to say today, someone who has always described herself as the minister of natural resources. She basically did it again in this speech. The agreement before us is not a trade agreement but an agreement to protect investors.
The minister must admit that Colombia is especially rich in mineral resources. Gold, coal and nickel are often extracted using traditional methods with little concern for even minimal environmental standards.
Will the minister admit that this is not a trade agreement but an agreement to protect investors for the sole purpose of weakening international environmental rules?
Lisa Raitt Conservative Halton, ON
Mr. Speaker, actually what the member says is completely erroneous, except for the fact that I was the minister of natural resources, and am fully aware of the importance of natural resources to a country's economy and prosperity.
However that being said, the important part of this aspect of the free trade agreement, the labour cooperation agreement, is to make sure that when one is investing in the country, one is also helping that country and its citizens to raise their labour agreements and their workplace conditions, to work with them and to ensure we have competitiveness of Canadian exporters and service providers in the sectors that are focused on here, including manufacturing, agriculture and agri-food, financial services, mining, oil and gas.
That is extremely important, but what is important as well is utilizing these tools of trade in order to lift the sustenance and the abilities of the citizens of Colombia, through something like a labour cooperation agreement. The two actually go quite well together.
Peter Julian NDP Burnaby—New Westminster, BC
Mr. Speaker, I must admit I feel sorry for the minister, because the Prime Minister's office speaking notes are absolute rubbish.
The minister should know full well, if she read any American newspaper, that the U.S. Congress has refused to ratify any agreement with Colombia, that the European Union is refusing to participate and move forward, and that Norway in EFTA has pulled out of any agreement with Colombia as well. The United Kingdom has pulled out of its troop agreement with Colombia because of the massacres and the massive human rights violations taking place from the military arm of the Colombian regime.
Every single human rights organization and labour organization disagrees with the minister and disagrees with the government. The latest of so many reports indicates there are consistent and clear patterns and clear areas where companies risk benefiting from human rights violations and/or benefiting those responsible for human rights violations.
The government could prove its case by having an independent human rights assessment. Why has it not done that? Why has it not gone to human rights organizations and actually tested its theory on the practitioners of human rights?
Lisa Raitt Conservative Halton, ON
Mr. Speaker, as I indicated already, the Canada-Colombia labour cooperation agreement actually raises the bar for labour and human rights, while providing Canada with an opportunity to share its best practices in labour standards.
Our government is committed, as we indicated in the Speech from the Throne, to increasing economic development and labour rights to support Colombia in its efforts to improve the prosperity of its citizens. We have said before and will say again that engaging with foreign governments that have made significant gains in improving human rights is the most effective way to secure progress and development in these countries.
The question the member poses does not look at the bigger benefits that are available to the citizens of Colombia as well. We want to engage Colombia, and that is why this free trade agreement is so important. But more important is the fact that we are including within this free trade agreement a labour cooperation agreement that will allow us to share our best practices.
Libby Davies NDP Vancouver East, BC
Mr. Speaker, I am very proud to rise in the House today, and I hope there will be many more members who rise after me to debate this bill and to defeat this bill, because that is what we are aiming to do.
It was very interesting to hear the Minister of Labour just a few moments ago. I guess the Conservatives are feeling a bit vulnerable with respect to this bill now, feeling they have to send in more ministers to defend their very bad position on this Bill C-2, the Canada-Colombia free trade agreement.
I want to begin my remarks by thanking the NDP trade critic, the member for Burnaby—New Westminster, who has done such an amazing job of bringing public awareness to this agreement and how devastating it will be for the people of Colombia.
We are the fourth party in the House, but I will say that we pack a lot of punch. With our friends in the Bloc, we have been holding up this bill for more than a year, and I know this is very troubling to the Conservative government. As with everything else, the Conservatives would just like to ram this bill through. They do not have any respect for this place. In fact, they are quite contemptuous of the House and its proceedings. Should we dare to actually debate something in depth and give analysis, they consider that to be very problematic. But I am really glad we are debating this bill and are shedding the full light of day on what this agreement is all about.
It strikes me that so often these terrible trade agreements are negotiated by nameless bureaucrats and appointees and representatives in backrooms. God knows where they meet; it is all done in secret. We know, in fact, that this particular deal took over one and a half years to negotiate.
There is so little we know about the process. There is so little vested in citizen participation. In fact, there is not any citizen engagement. More and more people, not only in Canada but around the world, are rejecting the whole notion of trade taking place through secret agreements done behind closed doors. This manifestation of globalization, this delegation of power to people who are not accountable and not elected, is something more and more people are disturbed about and are rejecting.
I am really glad we are taking this on in the House and are saying we will not put up with it. We will not allow this agreement to go through and we will do everything we can to stop this free trade agreement from being ratified by the House of Commons. As the member for Burnaby—New Westminster has pointed out, the U.S. Congress and the European parliaments have taken a similar stance. It is the present Conservative government and the Liberal Party that is supporting it who are way out of step and way out of line.
I have heard a number of the speeches in the House on this agreement. I remember when it came up a year ago. It was then Bill C-23. We debated this same bill and I heard many of the arguments.
I remember some comments that the member for Elmwood—Transcona made a few days ago in debating Bill C-2. He pointed out, and rightly so, that citizens, consumers themselves, are saying they want to see fair trade. People as consumers are rejecting products and services that are based on trading practices that they know to be exploitative and based on the whole ideology of the race to the bottom and the conferring of greater and greater rights on multinational corporations. The member's comments were just the tip of the iceberg in terms of reflecting that there is a change in society and that people are no longer willing to put up with these kinds of agreements.
We are being fed a line that somehow this agreement will be good for the people of Canada and for the people of Colombia. There is really no evidence to show that. We do know, however, that it will be very good for corporations that will benefit from this trade agreement. There lies the evidence of what is going on here.
As parliamentarians, we have a responsibility and a duty to examine these agreements from the point of view of the public interest, not from the point of view of private and corporate interests. That is what we are here to do, to defend the public interest and the rights and potential and the vision of what citizens in both countries want to see in terms of their own personal development, their community and their society at large. That is only one of the reasons this agreement should be rejected.
I read some of the background information to the bill and noted that information has been provided by the Canadian Labour Congress and Human Rights Watch in the Now magazine. They have compiled a lot of information about the bill and came up with 10 reasons why it should be rejected. They call it the Colombia count. Their number one reason is that more labour leaders are killed every year in Colombia than in the rest of the world combined: 474 since 2002 and 2,865 in the last 25 years. That is truly an appalling record and very disturbing when we couple that with the fact that Colombia has labour laws that actually shut down and stifle workers' rights, that its rate of unionization is less than 5%, the lowest of any country in the western hemisphere, and that we have had these paramilitaries, these deadly groups that have been murdering people and stifling rights. In 2008 alone, 27 high-ranking army officials were accused of kidnapping and executing civilians. The litany of the horrors goes on and on.
While we heard from the labour minister today that this side agreement is somehow lifting the bar and that we should be proud of it, members of the NDP reject the whole premise that there is some kind of side agreement which is not in the main body of the text. We are calling for an independent human rights assessment. That is the least that should be done in terms of any movement on the bill. We owe it to our brothers and sisters in Colombia. We owe it to the memory of all of the labour leaders and the community activists who have been murdered, harassed or imprisoned and prevented from doing the kinds of things that we would consider to be entirely legitimate and democratic here in Canada. We owe it in their memory to ensure that there is an independent human rights assessment.
I believe that if we had the courage to turn down this agreement, we would actually have support from people in Canada. In my own community in east Vancouver, we have businesses up and down Commercial Drive, which is a very well-known place in Vancouver and a wonderful place to visit. Many of the businesses are engaged in a program and a campaign to promote fair trade. We believe it is the first street in Canada to be named a fair trade street where businesses are encouraged to both sell and use products that are as a result of free trade. It is really remarkable that small, independent businesses are actually choosing to take that route. They are actually saying that they have made the choice not to buy products from suppliers, companies or corporations that have been engaged in the exploitation of workers and engaged in practices that degrade the environment.
It is a wonderful thing when we see that expression coming forward from the grassroots, the local communities. It tells us that there is another path, another vision, an alternative that is based on the notion of trade that supports the rights of people, and that is the fundamental test.
These trade agreements are about the privileges and the huge benefits that these multinational corporations get. We should completely reverse that and say that these agreements need to be about the rights of workers, of civil society, of the environment and of social standards. If we could base our agreements on that, we would see very different agreements in place. We would be prepared to look at that and negotiate those kinds of agreements.
I would like to see more people up in the House defeating Bill C-2. We do not want it to go ahead. This is a bad bill. Let the House of Commons speak for the people of Canada and say that we reject this free trade agreement because it is a bad trade agreement that will only hurt the people of Colombia.
Jean Crowder NDP Nanaimo—Cowichan, BC
Mr. Speaker, in her speech, the member for Vancouver East touched on the human rights violations and specifically talked about trade unionists but I would like her to address another issue.
Canada's Coalition to End Global Poverty has put together a very good document dealing with the fact that Colombia's civil society organizations are concerned that the free trade agreement would not impact on the kinds of egregious human rights violations that we see. They point to very deep connections between human rights violations and commerce in their country. These range from systematic attacks on the trade unionists who resist the liberalization and deregulation of local industry to the dispossession and disappearance of peasants, Afro-Colombians and other indigenous populations. The indigenous populations often live on the lands where the mining and other economic activity is taking place.
Could the member for Vancouver East talk about the fact that indigenous populations are being forced off their lands and are losing access to their culture and language? What would she like to see done to protect those indigenous populations?
Libby Davies NDP Vancouver East, BC
Mr. Speaker, the member for Nanaimo—Cowichan has raised a whole other area of the trade agreement that is of deep concern to us and that is the impact on indigenous people.
When we look at this trade agreement we see that it has all kinds of benefits and luxuries. It is lined with profits for the huge multinational corporations that go into these resource-rich areas. Basically, indigenous people are taken off their land and their rights are trampled on. That is just another reason why this agreement should be rejected.
For an agreement to superimpose itself on traditional practices, take away people's land and destroy the land is something that is serious. It is something we have not fully understood the consequences and impacts of what that will mean in those local communities. I respect the member for raising this because it is another reason to reject this agreement.
Ron Cannan Conservative Kelowna—Lake Country, BC
Mr. Speaker, I thank my hon. colleague for Vancouver East for her presentation on an issue that is very important to our country and to the province of British Columbia for the opportunities for expanding trade and opening new markets.
As a member of the international trade committee, I had the privilege of travelling to Colombia a few years ago and meeting with the folks on the ground. I would be the first to agree that it is a very challenging situation but caring Conservatives in our country are looking at this issue through a different lens.
We heard from Connie Watson, the CBC reporter who travelled to Colombia and listened to the people on the ground. She said that a rising tide lifts all boats and that expanding opportunities for the Colombians will open new markets. How will the status quo help the folks from Colombia get out of the poverty that they are in today?
Libby Davies NDP Vancouver East, BC
Mr. Speaker, I am not sure that is exactly what the CBC reporter said. I think her words have been taken out of context. What does expanding trade and opening new markets actually mean? It sounds good but I am concerned that the primary purpose of government has become more new markets, more goods and more consumerism, and I think we need to question that.
I think a lot of people are questioning both the use of resources and how natural resources are being exploited but are also questioning how that exploitation is also an exploitation of human beings, human rights and labour rights. This agreement is flawed because it does not address what is taking place in Colombia. It does not give protection to people. While it might create new markets, the consequences of that are devastating on local communities in Colombia.
Bernard Bigras Bloc Rosemont—La Petite-Patrie, QC
Mr. Speaker, I am just delighted and very distressed at the same time to speak today to the bill to implement the free trade agreement between Canada and Colombia.
It is quite something to see the government decide, unlike its neighbour to the south—which it often emulates—to negotiate and sign an agreement with a country that fails to respect a number of fundamental rights. Workers' and human rights, in particular, come to mind. Colombia also does not honour certain environmental regulations and standards that, elsewhere in the world, are a given.
I can already hear the government opposite claiming that the members on this side of the House oppose all international trade agreements. That is totally false.That is what the government is claiming, but it is not true. We do not oppose international trade agreements, but we think they should come with regulations and standards. In addition, agreements ensuring human rights must be an integral part of the agreement. This is not about adding side agreements such as those the government is claiming it negotiated in the wake of previous agreements or of the Canada-Colombia agreement. We must have agreements that will truly change behaviour and practices nationally and internationally.
We cannot support this agreement because it is not a trade agreement. It aims first off to protect investors. There are provisions allowing certain investors to take to court any foreign government that would take measures resulting in a reduction in investment or profits. It is clear that this allows certain multinationals to take national governments to court because they chose to implement the best environment and labour practices.
This agreement will have the counterproductive effect of weakening the social safety net and environmental protection measures. All international agreements should raise standards and promote fair and responsible trade.
One of Colombia's greatest assets are its natural heritage and its extraordinary ecosystems. Colombia is the second richest country in the world in its biological, animal and plant diversity—10% of the world's animal and plant species are found there. Given this natural heritage and biodiversity, we must protect these resources essential to the survival of the people in order to build long lasting societies.
So, what does the government do? It decides to sign an agreement that will weaken environmental protection. In Colombia, there are considerable mining resources—gold, emeralds, carbon and nickel—which, unfortunately are still being mined using methods considered rudimentary in the rest of the world.
This means there are many rivers and lakes in Colombia that are now polluted. We see populations displaced within Colombia, particularly among the indigenous people, precisely because these water resources are threatened by mineral exploration and extraction methods that are archaic and worthy of the stone age. It undermines local communities, particularly indigenous populations.
In addition, these mineral resources that are being extracted with these old-fashioned methods use a vulnerable labour force. I am not the one saying this. In 2005, the International Labour Organization estimated that on the Latin American continent, Colombia was one of the countries that unfortunately had the largest proportion of children working in mineral resource exploitation and extraction. This means that 400,000 children in Colombia work extracting its mineral resources. That is completely unacceptable.
We are not talking about workers’ rights, we are talking about social rights, human rights. If we believe that our children should not be cheap labour to be used for making profits, we cannot accept this.
During this time we have a government opposite that is negotiating international agreements and telling us this agreement is a trade agreement, when fundamentally it is an agreement that protects investors. Protects them at whose expense? At the expense of the 400,000 young people working in the mines and extracting the resources? At the expense of union organizers and workers who do not even have a legal framework for collective bargaining? At the expense of the ecosystems that are threatened?
We must never allow international trade agreements designed to protect investors at the expense of natural resources and human rights to flout human rights and children’s rights. We cannot agree to that. Canada decided to sign the Convention on the Rights of the Child at the United Nations, and it specifically provides that we must fight against child labour and defend these young people and children being used as cheap labour in the mines. Canada must fight that.
But it gets worse. This government, which often follows the lead of the United States, should now follow its lead before implementing the Canada-Colombia agreement. In 2006, the Americans called a halt to it. They put their foot on the brake when it came time to implement the agreement with Colombia they had signed in 2006. They said they would go no further and would not ratify the agreement if minimum labour standards and protection for union activity were not guaranteed.
I will conclude with this. What we expect from the government is that it honour its international human rights commitments and that it not try to sell us an agreement that includes side agreements on the pretext that human rights and environmental protection are guaranteed.
Glenn Thibeault NDP Sudbury, ON
Mr. Speaker, my hon. colleague made a great speech.
The NDP has been pushing for progressive fair trade and fair trade agreements that look at the things the member was talking about, such as promoting human rights, a win-win on jobs, raising the quality of jobs and raising Canadians' standard of living, and respecting and enhancing environmental stewardship.
The Canada-Colombia free trade agreement does the contrary. It clearly fails the human rights test and has only marginal positive economic impact for Canada, and of course destroys the environment.
I would like to hear the hon. member's comments as to what this is actually going to do in terms of the environment and human rights.
Bernard Bigras Bloc Rosemont—La Petite-Patrie, QC
Mr. Speaker, it will have a disastrous effect. We will basically be agreeing to rules which are already unacceptable. The government should draw inspiration from the June 2008 report of the Standing Committee on International Trade.
What did this House of Commons committee recommend? It recommended that the agreement include legislated provisions requiring Canadian companies and businesses to act responsibly where human rights and environmental law are concerned. This goes to show that Canada and the members of this House who are the majority on the committee, in other words opposition members, approved this June 2008 report. We are not against international trade or free trade agreements. We want legislated provisions to be included to ensure that Canadian companies will act responsibly in terms of human rights and environmental law.
Yves Lessard Bloc Chambly—Borduas, QC
Mr. Speaker, I congratulate my colleague from Rosemont—La Petite-Patrie on his remarks.
There is a saying that goes: Tell me who your friends are and I'll tell you who you are. I would like to hear the member on this coming together of the Canadian government and the Liberals concerning the Colombian regime, when we know that this is a regime that actually violates human rights and labour rights. There is also the issue of tolerance toward paramilitaries, the almost incestuous ties between the government and these paramilitary groups committing crimes. We can see that the Liberals are siding with the Conservatives to ensure that this free trade deal can be closed. This goes beyond trade.
Bernard Bigras Bloc Rosemont—La Petite-Patrie, QC
Mr. Speaker, it is completely unacceptable and it goes beyond the issue of trade.
I was talking about the fact that we know entire populations are being displaced in Colombia because natural resources are disappearing, among other things. Take farmers, for example, who are threatened by these armed groups. Entire populations of farmers are being displaced, and the threat is always there. It is nothing new. It is also nothing new in the labour world. More than 2,600 union activists have been killed since 2006. The Liberals knew about this. They were in power. They knew about the situation these people were facing. In 2007 alone, 39 union activists were murdered, and 46 were murdered in 2008, an increase of 18% in one year. The Liberals were aware and are aware of the situation. By supporting the government, they are condoning these actions.
Glenn Thibeault NDP Sudbury, ON
Mr. Speaker, I am very glad to join other members of the House, my caucus and our party's international trade critic, the member for Burnaby—New Westminster, to once again voice my strong opposition to Bill C-2.
It would be extremely irresponsible for the government to push for the passage of this free trade agreement with Colombia, a country that by far has the worst human rights record in the western hemisphere and is one of the most dangerous countries in the world for trade unionists.
The Conservatives' claims that trade will bring human rights improvements to Colombia are entirely contradicted not just by the facts that I will raise in my address today, but also by the text of the agreement.
The latest in this debate is the proposal by the member for Kings—Hants to allow the Colombian government to assess its own human rights record. The Liberals are joining forces with the Conservatives vis-à-vis letting the Colombian government report on itself. This proposal is lacking in all forms. Could members imagine allowing elementary school kids to give themselves their own grades or allowing criminals to choose their own punishments?
Recently another government added its voice to the growing chorus against this trade deal. The Flanders government, another European government, rejected investment trade between Colombia and Belgium. What were its reasons for doing so? The Flanders government stated that in Colombia there is a huge gulf between the human rights rhetoric and the reality. The Belgian government at least understood that full respect for fundamental human rights must be a precondition for any trade agreement.
It is disappointing that the Liberal Party has backtracked from its earlier position that a full and independent human rights impact assessment should be carried out before a final free trade agreement is ratified with Colombia, especially considering the fact that nothing has changed in Colombia.
Recent UN and Amnesty International reports show escalating violence against indigenous and Afro-Colombian communities, including murder and forcible displacement from communal lands.
The National Labor School of Colombia reported that 45 trade unionists were murdered in 2009. These reports and unacceptably high impunity rates have in the past been enough to stall and even stop similar free trade agreements in allied countries, including Belgium and the United States.
During recent legislative elections in Colombia in which President Uribe's allies were the big winners, polling stations in one-third of the country's municipalities were at risk of violence, corruption or fraud according to the ombudsman's office and election observers who reported vote buying and pressure on voters.
A pre-election observation mission to Colombia in February predicted this would happen based on a tour of the country. The mission's Canadian members concluded that entering into a free trade agreement with Colombia now would not only send the wrong message to Canadians and the Colombian regime, it also may make Canada and Canadian companies passive supporters of continued violence in Colombia.
The reality is there is no chance that rights assessments could fairly be carried out after ratification of the free trade agreement and then by the Colombian government.
The Liberals need to respect the June 2008 recommendation by the Standing Committee on International Trade that an impartial human rights impact assessment be carried out by a competent body which is subject to independent levels of scrutiny and validation before Canada considers ratifying and implementing an agreement with Colombia.
Now that I have talked about the most fundamental flaw in the updated bill, let us go over the main flaws in the agreement and some facts about the current situation in Colombia. The three most appalling aspects of the Canada-Colombia free trade agreement are the following.
First and foremost, this agreement fails due to its lack of labour rights protection. Colombia is one of the most dangerous countries in the world for trade unionists. They are victims of violence, intimidation and assassination from paramilitary groups linked to the Colombian president. In fact, 2,690 trade unionists have been murdered in Colombia since 1986. In 2008, the number of murders was up by 18% over the previous year.
There are some important facts about the Colombian government and President Uribe. Uribe's government has been accused by international human rights organizations of corruption, electoral fraud, complicity in extrajudicial killings by the army, links to paramilitary and right-wing death squads and the use its security forces to spy on the supreme court of Colombia, opposition politicians, government politicians and journalists.
With this type of reality in Colombia, it is clear that in its current form the agreement does not include strong enough labour standards. The division of labour provisions from the main text of the agreement, in addition to the absence of any substantial enforcement mechanism, will do nothing to encourage Colombia to improve its horrendous human rights situation for workers. In fact, in its current form, the agreement could, in many cases, justify the use of violence.
For example, in the agreement the penalty for non-compliance is currently determined by a review panel, one that has the power to require the offending country to pay up to $15 million annually into a co-operation fund, which means basically money is taken from one pot and put into another.
Unfortunately, this type of enforcement measure will do little to encourage the government to change its current approach to trade unionists. If and when a trade unionist is killed, under the provision, all the government would be required to do is pay into this development fund capped at $15 million per year, essentially equating the murder of a trade unionist to paying a fine.
The second way in which the agreement fails is its lack of environmental protection. Environmental issues are addressed in a side agreement, this time with no enforcement mechanism to force Canada or Colombia to respect environmental rights. One fact is nearly 200,000 hectares of natural forest are lost in Colombia every year due to agriculture, logging, mining, energy development and construction.
Another fact is almost four million people in Colombia are internally displaced persons. Sixty per cent of this displacement has been from regions where there is a rich supply of mineral, agricultural or economic resources. In these areas, private companies, their government and paramilitary supporters have come in and, in turn, forced local communities and individuals from their homes.
The side agreement process has serious flaws. In the past, we have witnessed how these side examples are unenforceable. For example, in the case of NAFTA, not a single successful suit has been brought forward under the labour side agreement.
The third major flaw in the agreement is found in the investor chapter. Copied from NAFTA's chapter 11 investor rights, the CCFTA provides powerful rights to private companies. The provision in this chapter gives private companies the ability to sue governments, enforceable through investor state arbitration panels. The arbitration system set up by the investor chapter gives foreign companies the ability to challenge legitimate Canadian environment, labour and social protections.
Canada needs to set the example. It would be highly irresponsible to turn a blind eye to the Colombian situation. We cannot allow Canada to abandon its values and its support of internationally recognized human rights in order to gain economic advantage for its companies at the expense of millions of displaced impoverished Colombians.
The proposed amendment by the member for Kings—Hants will do nothing to stop many instances of human rights violations and will not hold the Colombian government accountable to anyone but itself. I call on all parliamentarians to join me and my caucus in our strong opposition to Bill C-2.