Mr. Speaker, tonight we are debating Bill C-6, An Act to implement the Convention on Cluster Munitions.
Cluster munitions can release hundreds of explosives over a large area—one approximately the size of a football field, or 100 square metres—in a very short period of time. They have a devastating impact on civilians, and that impact can last many years after a conflict has ended.
How many countries have had to have cleanup operations after a conflict? Unfortunately, not everything can be removed. Some cluster munitions remain, and it is usually civilians who pay the price. Children are often drawn to the submunitions, which are about the size of a golf ball, cylindrical and eye-catching. Many children pay the price, often with their life.
We know how devastating and inconspicuous these landmines can be for the civilian population. Unfortunately, they are extremely difficult to detect. They can be as small as a golf ball, and they are often very difficult to defuse. Thirty per cent of these unexploded submunitions become the equivalent of land mines.
They have inflicted terrible damage during conflicts around the world. They have mutilated and killed children and adults. Fully 98% of all cluster bomb casualties have been civilians.
Is this the kind of international leadership that Canada should take with respect to land mines and cluster bombs? Not at all. Canadians took a stand on this issue long ago, but in this case, the Conservatives are going against what Canadians want.
Canada participated actively in the Oslo process that led to the creation of a convention to ban cluster bombs. People have been wanting to get rid of these weapons for a very long time. Unfortunately, the Conservatives' bill to implement the Convention on Cluster Munitions is widely known as the weakest position of all of the countries that ratified the convention and passed legislation on the issue. It goes against the spirit of the convention.
As written, this bill is less binding than any other law passed by the countries that ratified the convention. One hundred and thirteen countries signed the convention and 84 have ratified it to date. Once again, instead of showing leadership, the Conservative government is bringing up the rear and seems bent on undermining the impact of the convention.
Earl Turcotte, former senior program coordinater for mine action at the Department of Foreign Affairs and International Trade, led the Canadian delegation that negotiated this convention. Here is what Mr. Turcotte said about the government's bill:
The proposed legislation is the worst of any country that has ratified or acceded to the Convention on Cluster Munitions 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.
There are several loopholes in this bill, and if they are not closed, Canada's commitment to ending the use of cluster munitions will be superficial at best. Indeed, if Bill C-6 is not amended, it may even work against the convention on an international level, as Earl Turcotte warned.
However, we should not be surprised by the direction that the Conservatives are taking in terms of arms control when we consider their general reluctance to take action on this file. In fact, they refused to sign the UN Arms Trade Treaty, which was signed by all our NATO allies, and it relaxed restrictions on arms exports. This attitude is contrary to the will and values of Canadians.
The bill was criticized by many experts and by those who firmly believe that we must rid the world of cluster munitions. Criticism was mainly levelled at clause 11. This clause authorizes the Canadian Forces to be present in a theatre of operations where cluster munitions are used.
This flies in the face of what we did in the case of the Ottawa treaty, which bans anti-personnel mines. It stipulated that if we were to find ourselves in a theatre of operations alongside any other country that had not signed the Ottawa treaty, we could not participate in combined operations with the troops of that country if they were using such weapons.
This bill has a flaw, a loophole, that basically says that we can be in a theatre of operations when one of our allies is using these munitions. That is completely unacceptable, and it goes against the spirit of the convention.
The government's objective is not to ratify or implement this convention. With the results we see, its objective is to undermine or weaken the convention. It also undermines Canada' role as a world leader and our commitment to ban this terrible weapon.
In the Standing Committee on Foreign Affairs and International Development, the NDP offered its support to Canadian and foreign civilian organizations that were calling for this bill to be amended. We worked closely, publicly and directly with the government, and we managed to persuade it to expressly prohibit the use of cluster munitions by Canadian soldiers. In concrete terms, that means that Canadian soldiers may not directly use this type of weapon but that they may take part in operations and be on the ground where those weapons have been used.
How can the government prohibit their direct use by the Canadian Forces, on the one hand, and let our forces take part in joint operations with partners who use this kind of weapon, on the other? Canada expressly prohibited the involvement of its armed forces in the case of anti-personnel mines. We could therefore implement the same kind of prohibition for this type of weapon. This is a 180-degree change from the position we held on anti-personnel mines.
If the government does not decide to withdraw clause 11 with the amendment at report stage, we will unfortunately be forced to vote against the bill. That would be unfortunate, but we would have no choice.