Mr. Speaker, as a member of the Standing Committee on International Trade, I am pleased to speak to Bill C-24, the Canada–Panama Economic Growth and Prosperity Act.
To be acceptable and really effective, free trade agreements have to do more than just open new markets like Panama. They have to be based on fair, sustainable principles that benefit both countries. The free trade agreement we are debating today does not really meet these criteria. In fact, this agreement has problems that are common to many of our free trade agreements. I would like to talk about these problems, as some of my colleagues have done.
One of the most disturbing parts of the agreement is in chapter 9, which has to do with investment. This chapter covers the same principle as chapter 11 of NAFTA, which allows a company to sue a government if it creates regulatory barriers to trade.
According to Todd Tucker of Public Citizen's Global Trade Watch, who testified before the Standing Committee on International Trade on November 17:
Panama is one of the world's worst tax havens. It is home to an estimated 400,000 corporations, including offshore corporations and multinational subsidiaries. This is almost four times the number of corporations registered in Canada. So Panama is not just any developing country.
Indeed, for decades, the Panamanian government has been deliberately pursuing a tax haven strategy. It offers foreign banks and firms a special offshore licence to conduct business there. Not only are these businesses not taxed, but they are subject to little to no reporting requirements or regulations.
According to the OECD, the Panamanian government does not have the legal capacity to verify key information on these businesses, such as, for example, their capital structure. Panama's shadowy financial practices also make it a very attractive place to launder money that comes from all over the world.
According to the U.S. state department, major Colombian and Mexican drug cartels, as well as Colombian illegal armed groups, are using Panama for drug trafficking and money laundering purposes.
The Canada-Panama trade agreement could even exacerbate the problem posed by Panama's status as a tax haven. As the OECD pointed out, signing a trade agreement without first tackling Panama's shadowy financial practices may lead to greater tax evasion. So, an agreement with Panama would facilitate tax evasion, which would result in large sums of money not being collected by the taxman, Need I remind the House that this is a period of budget austerity, when that money is badly needed for our public services.
There are no restrictions on capital entering or exiting Panama. Transactions are protected by banking secrecy, and financial activity is not monitored. There is also a somewhat more specific problem in this case, and that is the absence of a tax information exchange agreement. The negotiation of a free trade agreement should be an opportunity to encourage Panama to be more transparent about tax evasion.
Although the importance of dealing with problems caused by tax havens was highlighted at the 2009 meeting of the G20 in London, Canada is moving in the opposite direction and is creating a new means of facilitating the flight of capital. This type of strategy is just irresponsible.
We should also note the serious environmental problems in Panama. While this deal includes an agreement on the environment, as we saw with the free trade agreement with Colombia—which has a separate agreement on the environment—it actually provides no enhanced protection for the environment or the resources in affected communities. Given Panama's very lax environmental regulations, especially when it comes to mining, this oversight is extremely worrying.
We know full well the devastating impact of deforestation, especially in that area of the world. Instead of taking real action to address the current and impending threats to Panama's precious natural resources, the Canada-Panama trade agreement risks encouraging a race to the bottom on environmental protection. Probably a new version of Easter Island.
Why is the government so willing to ignore the huge threats to Panama's environment? All trade agreements, including this one, should respect sustainable development and the integrity of all ecosystems.
However, seeing that this government cut eight ecotoxicology positions at the Institut Maurice-Lamontagne, I imagine that it does not understand the importance of preserving these ecosystems.
There are also problems when it comes to protecting workers. Panama is currently enjoying relatively high rates of growth, but it is ranked second among countries in the region in terms of inequality: 40% of Panama's inhabitants are poor, 27% are extremely poor, and the rate of extreme poverty is particularly high among indigenous populations. In recent years, the country has undergone considerable liberalization and privatization, but they have not trickled down to financially benefit the population.
The Canada–Panama agreement does not include specific protection for the right to associate and the right to strike. Instead, it provides effective recognition for the right to bargain collectively. As far as union rights are concerned, the agreement is, therefore, weaker than previous agreements.
The trade agreement does not level the playing field for investors and workers. Furthermore, this trade agreement does not create a level playing field for investors and workers. Under chapter 11, investors have the right to request compulsory arbitration that they can conduct independently, however a union in Panama would not be allowed to take a case to arbitration. It can file a complaint, which would lead to an investigation followed by a report, but it would be up to the government to seek and obtain remedies. Based on our experience with agreements modelled on NAFTA, governments are not inclined to go down that road.
Unfortunately, the trade agreement with Panama does not address any of these issues. In fact, the agreement does not refer to drug trafficking, tax havens or money laundering. It does have a side agreement to deal with labour, but we already know from previous efforts with such side agreements that they have no real effect on improving labour conditions in a country.
Quebeckers and Canadians will not benefit from the agreement any more than Panamanians. Moreover, in the agreement, there are several measures modelled on World Trade Organization agreements, which have been contested for some time by southern countries.
The Canadian government justifies this accord by the fact that Panama is an established market for Canada, and that bilateral trade and investment relations show strong, long-term growth potential. Some big Canadian businesses have sniffed out good deals and believe that the accord will facilitate trade relations with Panama, despite its dubious reputation, but what price will be paid by Canadians, Panamanians and all future generations?
We, the members of the opposition, proposed changes to improve this agreement. During the clause-by-clause study, we proposed 11 amendments that would have made this bill more progressive. For example, we suggested adding certain essential concepts, such as sustainable development and investment and, more importantly, transparency requirements for taxation. The Conservatives, together with the third party, rejected our amendments. That shows how backwards those two parties are when it comes to responsible, appropriate fiscal policy.
The NDP, for its part, prefers a multilateral approach based on a sustainable trade model. That might be the main difference. Bilateral trade agreements are usually protectionist trade agreements that grant preferred treatment to some trading partners to the exclusion of others. Weaker countries typically find themselves in an inferior position relative to bigger partners. A sustainable multilateral trade model avoids those problems and protects human rights and the environment. That is why these elements should be more prominent not only in this agreement, but also in other free trade agreements. That could be one way to solve the problem. That is our proposal.
I would like to end by talking about values, because I think values are also involved. This free trade agreement could allow us to assert our own Canadian values almost everywhere in the world. Our values could be reflected in our free trade agreements; they could be understood; they could be seen; and they would be clear. This would be interesting. In fact, I do not want to speak against the people of Panama. I just think that this agreement is not good for us, nor is it good for them.