Madam Speaker, this is my first chance to rise in the House to offer comment on the horrific hate crimes that occurred in Pittsburgh recently.
The world was horrified to see an anti-Semitic attack on the Tree Of Life synagogue, where 11 innocent people were murdered in a place of worship. I would like to send my deepest sympathies to the families of the victims, the Jewish community in Pittsburgh, the Jewish community in Canada and, frankly, all over the world. We stand resolutely against such an atrocity. We also stand resolutely against discrimination and intolerance in all of its forms: anti-Semitism, Islamophobia, misogyny, homophobia, racism and intolerance, however it is expressed and wherever it is seen.
As representatives of our communities in this chamber and as leaders and politicians, we must condemn, in unequivocal terms, not only these acts of hatred, but also the words that so often form the pretext and context that make committing these actions a little easier for people to contemplate.
I want to talk about the Canada-Israel Free Trade Agreement in two major ways. First, I want to talk about the agreement itself and some of its promising aspects. Second, I want to talk about its impact on the Palestinian community in Israel and what ought to be part of our progressive trade policy in that respect.
The modernized Canada-Israel Free Trade Agreement, called CIFTA, emanates from a background in which Canada and Israel enjoy a rich and fruitful commercial relationship, with room to grow our trade ties and our ties in every other respect, culturally, socially, economically and politically.
Since the original Canada-Israel Free Trade Agreement came into force over two decades ago, two-way merchandise trade has more than tripled, totalling $1.7 billion in 2017. Israel's economy has significant potential and offers diverse commercial opportunities for Canadian businesses, given its strategic location in the Middle East, solid industrial and scientific base, abundant natural resources, particularly in the agricultural and agri-tech sectors, and its well-educated, dynamic population.
A modernized CIFTA will enable Canadian companies to take greater advantage of these opportunities with expanded market access and by creating more predictable conditions. The modernized agreement also reinforces Canada's broader engagement with Israel.
Some of the highlights of this agreement are as follows.
It will create more favourable conditions for exporters through important non-tariff commitments and will establish mechanisms under which Canada and Israel can co-operate to address and seek to resolve unjustified non-tariff barriers that may arise.
The modernized agreement contains provisions related to the protection and enforcement of intellectual property rights, which will assist Canadian IP rights holders to do business with greater confidence in the Israeli market.
The revised goods market access chapter will provide new and improved market access for Canada, particularly in the areas of agriculture, agri-food and fish and seafood products. Changes to the rules of origin reflect many aspects of Canada's current approach, including recognizing the presence of global value chains and the integrated nature of North American production, as well as streamlining the provisions for obtaining preferential tariff treatment.
Interestingly, there is a labour chapter, which is a first for Israel in a free trade agreement. This will help to ensure that high labour standards are maintained, with recourse to labour-specific, enforceable, binding dispute settlement mechanisms, where non-compliance can lead to monetary penalties.
The environment chapter is another first for Israel and will ensure environmental protections are maintained, with recourse to a chapter-specific dispute resolution practice.
There is an innovative chapter on small and medium enterprises that will improve transparency and commits both parties to co-operate with a view to removing barriers and improving access for SMEs to engage in trade.
There is also a corporate social responsibility article that references voluntary OECD guidelines for multinational enterprises in broad application to this agreement. With respect to that clause, the New Democrats would prefer to see a corporate social responsibility chapter that actually has some binding teeth to it and does not rely on a voluntary mechanism. However, we can explore that when the agreement gets to committee.
Most of all, the modernized CIFTA will provide new and improved market access for virtually 100%, up from 90%, of current exports of agricultural agri-food, fish and seafood products. In the agricultural and agri-food sector, 92% of Canadian exports will enter Israel duty free in unlimited quantities under the modernized CIFTA, up from the current level of 83%. In short, the agreement offers the potential for deeper, broader and more prosperous commercial relations between our two countries. In that respect, we all should support this.
However, I and my party have serious concerns with the agreement and with the bill. There are no human rights protections in the bill and no recognition of the rights of Palestinians living in their sovereign territories occupied by Israel. Canadians expect their government to sign trade deals that respect human rights, international law and our foreign affairs policies. Put succinctly, the bill does not conform to these expectations. Without them, the Canadian government is not respecting Canada's commitment to a peaceful and just settlement of the Israeli-Palestinian conflict.
The agreement appears to cover products made in Israeli settlements in occupied territories. Neither Canada nor the United Nations recognizes these settlements as part of Israel. In fact, these settlements are illegal. They clearly violate the fourth Geneva convention, which prohibits the settlement of territories acquired by war and the movement of indigenous people in those territories, among other things. In fact, there is virtual global unanimity that the territories seized and occupied since 1967 by Israel, the West Bank, Golan Heights, Gaza and East Jerusalem are not part of Israel, but form the basis of a sovereign Palestinian state. Indeed, those territories are a fraction of the land awarded to the Palestinian people by the United Nations partition of 1947.
This trade agreement appears to fail to distinguish between the State of Israel and these occupied Palestinian territories. This is unjustifiable and perplexing. The European Union has, since 2015, required products from the occupied territories to be labelled as such, yet article 1.4.1(b) of CIFTA stipulates instead that the agreement applies to “the territory where its customs laws are applied.”
Under the terms of the 1994 Paris protocol, Israel and Palestine are part of a customs union under which Israel collects duties on goods destined for the Palestinian territories. However, the existence of a customs union does not change the fact that the West Bank, where illegal Israeli settlements have proliferated, remain occupied territory and legally part of Israel.
As stated, Palestinians have been under Israeli military occupation since 1967. That is 51 years. The Canadian government's own policy does not recognize permanent Israeli control over these territories and stipulates that Israeli settlements, occupation and control violate the fourth Geneva convention and many UN Security Council resolutions.
As stated as recently as 2016 at the United Nations Security Council:
The Security Council...Reaffirms that the establishment by Israel of settlements in the Palestinian territory occupied since 1967, including East Jerusalem, has no legal validity and constitutes a flagrant violation under international law and a major obstacle to the achievement of the two-State solution and a just, lasting and comprehensive peace;
It went on, though, to call upon all states, including Canada, “to distinguish, in their relevant dealings, between the territory of the State of Israel and the territories occupied since 1967.”
I am gravely concerned that this agreement fails this international commitment. It puts us afoul of international law. Products made in the occupied territories in Palestine must be labelled as such. To fail to do so amounts to a countenance of illegal annexation of territory.
More broadly, I wish to speak for the millions of Canadians who want to see peace in this region and the creation of secure and sovereign states of Israel and Palestine living side by side in peace. I have had the privilege of visiting this region twice as a parliamentarian, both in Israel and in Palestine, and the unvarnished reality is clear to those who care to view it objectively. Israel has not only not complied with its obligations under the Geneva Convention, it has, over time, steadily and consistently increased its illegal settlements in Palestine. After 51 years, this is not an occupation; it is an annexation. It continues an illegal blockade of Gaza by air, land and sea creating what has been called “the world's largest open-air prison” and creating the conditions for what every NGO and international body that is working in Gaza has called a large-scale humanitarian disaster, leading to malnutrition, economic deprivation and death.
The Israeli military routinely violates the rights of Palestinians on a daily basis, including applying military law to children, of whom some 500 languish in Israeli jails in flagrant contravention of international law. The Israelis routinely deny Palestinians equal access to water, power, building permits and free movement. I myself suffered the indignity, along with my Palestinian hosts, of being denied entrance into cities on the West Bank at Israeli checkpoints. There is a series of Israeli checkpoints throughout the West Bank which every day force Palestinians to be separated from their families, their workplaces, their cities and their farms.
Many Canadians now ask: Why is the Canadian government not taking effective action to press Israel and Palestine to abide by their international commitments, conventions and law and sit down and negotiate a just resolution to their conflict? If Russia's occupation of Crimea is worthy of sanctions, why is Israel not treated the same when we regard it by our own official policy, and the United Nations and the global consensus as being in total occupation of Palestinian territory? If we do not want to encourage violent conflict, why do we not put economic pressure on Israel or offer Canadian resources to provide a platform for peace talks?
In the end, again, like most Canadians, I wish for a safe, secure, sovereign Israel and Palestine, living in peace and friendship and mutual co-operation. The NDP has been working toward this end for many decades. We will continue to work toward this goal in the future, but if we sign a trade agreement with one side to this dispute, in this case Israel, and permit and facilitate the production of goods and services in occupied territories to be passed off as products and services of Israel in violation of the UN Security Council admonition, in violation of the United Nations resolutions that have been passed over the decade, in violation of conventions to which Canada is a signatory, this cannot be something that this Parliament can support.
We all want to see increased commercial, political, social and cultural relations with Israel, but we also want to see those very same relationship benefits extended to the Palestinians. However, I think as parliamentarians, we do a disservice to this chamber and to Canada's position in the world when we fail to recognize that there is an occupying force in an occupying territory that our own government regards as being illegal under international law.
By signing this agreement and putting this agreement before the House without recognizing that fact, I fear pushes the parties further away from peace instead of pushing them toward the just resolution that all Canadians, and frankly the majority of Israelis and Palestinians, I believe want to see.
New Democrats look forward to moving this agreement to committee where we can discuss these issues in more detail, where we can offer the kinds of amendments to the bill that we think are absolutely essential to bring it into compliance with Canada's legal and political obligations, and where we can actually be a force as a middle power in this world to help the parties achieve peace and mutual benefit as they live side by side in that region.
I thank the House for the opportunity to talk to this important bill. I look forward to questions from my colleagues.