Mr. Speaker, before I start into my speech, I would like to recount a first-hand account on the use of cluster munitions.
I used cluster bombs on Iraqi forces in 1991. To this day, they are still killing the people we went to liberate. I have personal experience with these weapons. Fighting alongside Canada’s troops, I used cluster munitions in 1991 against Iraqi forces during the liberation of Kuwait. The target was a set of slit trenches. I released the two CBU-87s bombs, each containing hundreds of smaller “submunitions,” from a steep dive. I can still see the two huge doughnut-shaped “footprints” of the submunition explosions forming, slightly overlapping. With a series of flashes, the area around the target disappeared into dust and smoke, hiding the trenches and the last of the explosions from view. The blast area was equivalent to several soccer fields. I remember thinking it must have been hell on Earth to have been in the trench. All four of us in the formation were struck by the effect. Afterwards, someone wrote two words in the “remarks” column in the sheet authorizing the mission: “Nasty weapon.” But we didn’t know how nasty. We knew that some of the submunitions would not detonate, and that that would make it difficult for the enemy to operate in that area. But I had no idea that there would be nearly 200 casualties suffered by Kuwaitis — the people we were fighting to liberate — over the next 15 years. Or that two decades later, despite massive clearance efforts, unexploded submunitions would still be found. Or that by far the greatest proportion of recorded cluster munition casualties are civilian, many of them children.
That really sums up why we need to be passing this treaty and why we need to be ratifying it.
Also, Canada has a leading role to play in this. Sadly, the government is missing the opportunity by including things like clause 11 and working in the loopholes in the original convention that would allow for laggards to continue to operate and use these munitions and for Canada to stand idly by.
As we have heard from other speakers this evening, New Democrats fully supported the creation of the treaty to ban cluster munitions. That treaty or convention has been signed by 113 countries and has been ratified by 84. Supposedly, this bill is meant to represent Canada's ratification of the convention, but this bill undermines that convention. With this bill the government is trying to introduce a major loophole that will make Canada's commitment to ending the use of cluster munitions superficial at best.
The problem is that Canada succeeded in negotiating into the final text of the convention an article that explicitly allows for continued military interoperability with non-party states. Then, in developing this legislation, the government added clause 11, which establishes an extremely broad list of exemptions. This clause permitted Canadian soldiers to use, acquire, possess, and transport cluster munitions whenever they are acting in conjunction with another country that is not a member of the convention and, worse still, to request the use of cluster munitions by other countries.
The International Committee of the Red Cross commented about this particular part of the legislation saying that section 11:
...could permit activities that undermine the object and purpose of the convention and ultimately contribute to the continued use of cluster munitions rather than bringing about their elimination.
The NDP members fought hard at committee to make changes to this clause and other sections of the bill, but were only successful in getting the Conservatives to formerly prohibit the use of cluster munitions by Canadian soldiers. However, we will take every little win on this kind of legislation that would limit the contact that our soldiers might come into with respect to cluster munitions and other weapons that we find reprehensible and heinous to use.
Like so many times before, the government has been unwilling to listen to many opposition amendments simply because the ideas did not come from it. This is a government that refused to correct grammar in another bill because it came from the opposition, forcing the change to be made at the Senate and then brought back here, wasting all of our valuable time and energy.
Of course other loopholes remain. Without amendments to rectify these loopholes, Canada's commitment to ending the use of cluster munitions would be superficial at best. In fact, it may even damage the convention as a whole by establishing an international precedent for opting out and exemption. The legislation to implement the Convention on Cluster Munitions is widely recognized as the weakest and worst in the world, so we are not leading, we are trailing behind other countries in this area.
As a couple of my colleagues have mentioned, Earl Turcotte, a former senior coordinator from mine action at DFAIT, said about Bill C-6:
...the proposed Canadian legislation is the worst of any country that has ratified or acceded to the convention, to date.
It fails to fulfill Canada's obligations under international humanitarian law; it fails to protect vulnerable civilians in war-ravaged countries around the world; it betrays the trust of sister states who negotiated this treaty in good faith, and it fails Canadians who expect far better from our nation.
I wonder if maybe that quote is why no member of the government is willing to get up and defend this legislation. Then we would have the opportunity to ask them questions about what he said about how this legislation would not meet our obligations under international and humanitarian law and that it would fail to protect civilians in war-torn countries.
All night long it has been New Democrats getting up and the Conservatives making snide remarks and talking about our ideals and making fun of pacifism and peacekeeping, which was a Canadian invention. The incredulous comments just continue without abating. The Conservatives are not willing to get up and defend this legislation. It is really an impressive thing when a government is not willing to stand up and defend its own decisions.