Mr. Speaker, I have the honour to join my voice to those of my official opposition colleagues.
We are opposed to Bill C-6 under its current form because it contradicts and undermines the international treaty it is meant to implement. That is unfortunate. We proposed amendments to the bill at committee stage, but, true to form, the Conservatives allowed just one small change. We are again trying to amend the bill at report stage, but if the government does not agree to further improve the content, then we will have no choice but to oppose it.
In November 2013, the NDP called on the government to amend Bill C-6. According to lawyers, representatives of other countries and groups from civil society, including the International Committee of the Red Cross, the new legislation would seriously hinder the implementation of the treaty. The Conservatives' bill to implement the convention on cluster munitions is largely recognized as the weakest and worst in the world. It undermines the spirit in which the treaty was created. These inhumane and cruel weapons must be banned. The Canadian legislation allows Canadian soldiers to continue to use these cluster munitions. It is unbelievable.
Canada actively participated in the Oslo process to develop a convention to ban the use of cluster munitions. The Oslo process came on the heels of the successes of the Ottawa Treaty to Ban Landmines. This treaty was very successful and we are very proud of it. I am talking about the treaty to ban landmines. We built on that treaty in order to rid the world of the horrific weapons known as cluster munitions. The convention was signed by 118 countries, which is significant since that represents more than three-quarters of the UN member states. A total of 84 countries ratified it. When the Dublin process and Oslo process negotiations were complete, we implemented a convention that was important in terms of disarmament and ridding the world of these horrific munitions.
The NDP fully supported the creation of a treaty to ban cluster munitions. This bill undermines the convention it is supposed to implement. That is unfortunate. We oppose this bill as it now stands. In committee, we worked hard to improve it with civil society groups. Even if the amendment the Conservatives allowed is an improvement, it is not enough for us to support this bill. At this stage, the best thing to do would be to completely remove clause 11 from the bill, which is what we are proposing.
I would like to quote the Canadian Red Cross and the International Committee of the Red Cross. In their opinion, clause 11 would permit:
...activities that could undermine the object and purpose of the CCM and ultimately contribute to the continued use of cluster munitions rather than further their elimination.
Once the treaty is signed, it has to be implemented, and that takes legislation. This bill has been criticized by many experts and those who strongly believe in ridding the world of cluster munitions. The reason is clause 11 primarily, but also other provisions. Clause 11 allows the 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 participate in joint operations with them while they were using those particular weapons.
This bill has a loophole, which basically says that we can be in theatre when one of our allies is using cluster munitions. That is unacceptable
At the Standing Committee on Foreign Affairs and International Development, the NDP supported the Canadian and foreign organizations demanding that the bill be amended. We worked closely with the government, publicly and directly, and were able to convince it to expressly prohibit the use of cluster munitions by Canadian soldiers.
Unfortunately, there remain flaws in the bill. If they are not corrected, Canada will only be able to superficially honour its commitment to ban cluster munitions. In fact, if Bill C-6 is not amended, it could even undermine the convention internationally, in that the withdrawal options and exemptions it contains could be invoked as precedents by other countries.
Canada should show more leadership and meet its commitments. The government has shown its lack of vision in other matters as well. In this regard, I will quote Malcolm Fraser, the former Australian prime minister:
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.
I would like to remind the House that 98% of the victims of cluster munitions are civilians, innocent people, mostly children. That is why the world wanted to ban these munitions. Why is the government trying to destroy these efforts?
Moreover, in 2006, 22 Canadian Forces members were killed and 112 wounded in Afghanistan as a result of landmines, cluster munitions, and other explosive devices. Children and adults were maimed and killed by these weapons. We have wanted to get rid of cluster munitions for a long time.
The bill was also condemned by Earl Turcotte, the head of the DFAIT delegation that negotiated the convention. He resigned a few years later in protest against the Conservative government's watered-down version of the convention. Mr. Turcotte said that the proposed legislation is the worst of any country that has ratified or acceded to the convention on cluster munitions to date.
Why is the government refusing to hear what the experts have to say? It is not the first time we have seen that. It is like déjà vu. On several key issues, the government turns a deaf ear. In this case, though, human lives are at stake, which is why I feel that the government should work constructively to amend the bill.
In an open letter published last year, Mr. Turcotte stated that the bill betrays the trust of sister states who negotiated the treaty in good faith. I want to conclude by quoting from an article by Marc Thibodeau in La Presse on June 15, 2013:
After playing a leading role in the fight against landmines, Canada is now being chastised for not fulfilling its commitments in the current campaign to get rid of cluster munitions.
In the same article, Paul Hannon, executive director of Mines Action Canada, says that there are no logical reasons to explain why Ottawa would act this way. He thinks that “the situation is tarnishing Canada's reputation as a leader on humanitarian issues”.
He really gets at the heart of what is becoming a very palpable reality: Canada's international reputation. We have to stop playing and start acting. We need to take a leadership role so that innocent people are no longer killed. We have a job to do. We can resolve this right now. We are here until midnight and we are trying to use this time to have a proper debate.
As was mentioned earlier, we are the only party taking part in tonight's debate. There is still time to amend the bill and delete clause 11. I am confident that we will be able to do something good with this bill.