moved:
That Bill C-6 be amended by deleting Clause 11.
Mr. Speaker, I rise tonight to speak to our amendments to Bill C-6.
We have debated this bill before. In fact, we had an iteration of the bill from the Senate before, in which we had concerns at the time of where the bill was originating from. I will not go over that tonight.
Bill C-6 is a very important piece of legislation. Sadly, it took the government quite a while to bring in legislation for the cluster munitions treaty.
Perhaps I will start by going over the treaty itself. The convention was built upon the Ottawa treaty, which was very successful, and we are all very proud of it. That was the Ottawa land mines treaty convention. It was built upon that treaty to rid the world of these horrific weapons: cluster munitions. It was signed by 118 countries, which is significant as that is more than three-quarters of the member states of the UN, with 84 countries ratifying it. In fact, in terms of the process, there were negotiations, and the Dublin process and Oslo process followed it. What we ended up with was a convention that was important for the whole issue of disarmament and to rid the world of these horrific munitions.
I think everyone is aware of what land mines are, but what is so horrific about cluster munitions is that they are very difficult to source. They fall from the sky and are particularly vicious in the sense that they are often misunderstood by those in war zones as being toys. These bombs are as small as a D battery. These bomblets are dropped from the sky and explode across the terrain. They are very difficult to discover and, of course, to clean up. The damage caused from them has been horrific in conflicts right across the world. They have maimed and killed children and adults. People have wanted to rid the world of these munitions for a very long time.
It is important to note that at times the world has come together to focus on disarmament. I mentioned the Ottawa treaty, which was to work to rid the world of land mines. That has been successful, but more work needs to be done. However, this is on cluster munitions, which is something that people have worked on for quite a while.
I have two testimonies to give members an idea of the cluster munition.
The first is from Remzi Mehmeti from South Serbia. Remzi's 15-year-old son was walking home with his three friends and picked up two unexploded cluster bomblets. His son died and his friends were injured.
This testimony is from Mai Chi, who is a demining expert in Vietnam.
I saw the pliers and a pair of broken sunglasses that the children had used to tamper with the submunition, in an attempt to get scrap metal to sell for cash...
By the way, this is a typical kind of work for children in developing countries.
The quote goes on with:
I saw a pair of torn sandals, a hole on the floor and the ball bearings from the submunition.
I walked closer to the bed in the centre of the house. Someone pulled the blanket up, revealing two dead bodies. Legs and hands were smashed and blown away.
What a terrifying scene. I closed my eyes, feeling breathless and ran out. People were crying louder and louder.
These children had taken scrap metal, brought it home and did what they usually did with scrap metal, which was pull it apart. In doing so, they had no idea they were pulling apart a cluster munition. It blew up and killed them both. This is why we have to get rid of cluster munitions.
I am saddened to say that we have tried to work with the government. We have made propositions. We have brought amendments tonight to change the implementation of this treaty. As members know, when a state signs a treaty, that is the first step. It is to say that the treaty is here and we will sign it. For instance, I was encouraging the government today to sign the Arms Trade Treaty. As was mentioned by a colleague in the House, we have not done so, along with other countries like Russia, Syria, and other countries that are the usual suspects in not signing these treaties.
Once the treaty is signed, it has to be implemented, and that takes legislation. This bill has been pilloried by many experts and those who strongly believe in the whole idea of banning the world of cluster munitions. The reason is clause 11 primarily, but also other sections. Clause 11 allows Canadian Forces to be in theatre when cluster munitions are used. That goes against what we did in the land mines treaty wherein, if we were in theatre with any country that had not signed on to the Ottawa treaty, we would not be in joint operations with them while they were using those particular armaments. This bill has a void in it, a loophole, which basically says that we can be in theatre where one of our allies is using these munitions. This is not acceptable.
I will read clause 11 into the record, but I will omit the first part of the paragraph. It allows “Canada and a state that is not a party to the Convention” to direct or authorize “an activity that may involve the use, acquisition, possession, import or export of a cluster munition”.
What that does is basically work against the whole notion and spirit of the convention. I have gone over this with the Minister of Foreign Affairs. I have talked to the government on many occasions. Clause 11 works against the spirit and the notion of the convention. What we are saying to the government in these amendments is that if it is interested in taking a leadership role when it comes to cluster munitions, then it has to have the legislation that lives up to that. What the treaty asks of the member states who sign it is to basically get rid any stockpiles they have and not to use them if there is an occasion when there are cluster munitions in theatre. It is fine for us to say that we do not have any or that we will get rid of them, but it is another thing to say that we will not use them.
It is not just the NDP saying this. Let me quote from some of the people who are critical of this legislation, to the point where they are saying that we must vote against this legislation because it undermines the treaty.
For instance, the Red Cross, which never speaks out on legislation, feels strongly about this issue. The Canadian Red Cross and the International Red Cross have said that clause 11 would:
...permit activities that undermine the object and purpose of the [cluster munitions treaty] and ultimately contribute to the continued use of cluster munitions rather than bringing about their elimination.
The Red Cross is saying that clause 11 would permit activities that could undermine the object and purpose of the treaty.
Former Australian prime minister Malcolm Fraser said the following at committee:
It is a pity the current Canadian Government, in relation to cluster munitions, does not provide any real lead to the world. Its approach is timid, inadequate and regressive.
This is important to note, because former prime minister Malcolm Fraser is an expert not only on cluster munitions but on disarmament. He knows what he speaks of.
Therefore, our amendments are to try to fix this bill so that we can be proud of our signature on the treaty. Sadly, what the Conservatives have done is give us a treaty that undermines their reputation and their signature, and we believe it is not adequate.