Bill C-2 (Historical)

Canada-Colombia Free Trade Agreement Implementation Act

An Act to implement the Free Trade Agreement between Canada and the Republic of Colombia, the Agreement on the Environment between Canada and the Republic of Colombia and the Agreement on Labour Cooperation between Canada and the Republic of Colombia

This enactment implements the Free Trade Agreement and the related agreements on the environment and labour cooperation entered into between Canada and the Republic of Colombia and signed at Lima, Peru on November 21, 2008.
The general provisions of the enactment specify that no recourse may be taken on the basis of the provisions of Part 1 of the enactment or any order made under that Part, or the provisions of the Free Trade Agreement or the related agreements themselves, without the consent of the Attorney General of Canada.
Part 1 of the enactment approves the Free Trade Agreement and the related agreements and provides for the payment by Canada of its share of the expenditures associated with the operation of the institutional aspects of the Free Trade Agreement and the power of the Governor in Council to make orders for carrying out the provisions of the enactment.
Part 2 of the enactment amends existing laws in order to bring them into conformity with Canada’s obligations under the Free Trade Agreement and the related agreement on labour cooperation.

Canada-Colombia Free Trade Agreement Implementation Act

[Gerald Keddy, Conservative, Parliamentary Secretary to the Minister of International Trade]

Mr. Speaker, I listened very intently to the speech of the hon. member for Elmwood—Transcona and I have listened to him at committee. He always tries to bring in relevant comments and improve legislation instead of just tearing it down.

So, my point would be that, when we look at the situation in Colombia today, when we look at the improvements that have been made, when we understand and actually get beyond the rhetoric of the opposition to this deal and actually look at the effect it will have for the people on the ground, for the jobs, for the opportunity, for mainstream Colombians, we see those benefits far outweigh any possibility of any outrageous negative outcomes commented on by the naysayers.

[Dean Allison, Conservative, Niagara West—Glanbrook, ON]

Mr. Speaker, as the member for Niagara West—Glanbrook, I just want to say that, being on the trade committee and working with the parliamentary secretary, I have had a chance to go to Colombia to see first-hand what is going on, to see what is happening. Are things perfect there? No, not by any stretch of the imagination. There continues to be a number of issues that need to be worked on.

However, I really believe that as we are there with our labour agreements, side agreements, our environmental agreements, we are going to help Colombia continue to raise the bar in terms of where it is at and where it has come from.

My friends across the way like to continue talking about human rights abuses and all these things, but they talk about numbers and they use numbers that actually happened previous to the current government that is in place right now. And so, as the world engages countries like Colombia and helps them find a place for their goods and services, I believe that is one of the things they need to bring them into this century and, frankly, help them trade and depend less on things like drugs.

[Peter Julian, NDP, Burnaby—New Westminster, BC]

Mr. Speaker, quite frankly, it is absolutely absurd to say the figures are outdated. Every single independent human rights organization on the planet says there is a risk of this actually galvanizing more human rights violations, as the member well knows. The reality is that the current government has its hands soaked in blood. So much for the anti-crime agenda of the Conservatives. We have a president who rose to power with the support from the Medellin drug trafficking cartel, who is personal friends with Pablo Escobar, the notorious cocaine trafficker.

We have to ask: Why are the Conservatives so soft on Colombian crime?

[Dean Allison, Conservative, Niagara West—Glanbrook, ON]

Mr. Speaker, I think one of the things we need to point out is that this president has been working very hard to get rid of the drugs that have been plaguing his country for a number of years and, quite frankly, so has his cabinet. He has put a lot of things in place, in terms of anti-corruption, and people are under investigation because, quite frankly, he is trying to have a very transparent government.

[Gord Brown, Conservative, Leeds—Grenville, ON]

Mr. Speaker, I am happy to rise today to talk about the Canada-Colombia free trade agreement. It really is an important agreement that would allow Canadian workers to compete and succeed in a market that is very important to us. In particular, I would like to discuss the issue of labour under this agreement.

As is the case with other Latin American countries, as part of our re-engagement in the Americas, Colombia needs the support of Canada to overcome its challenges and ensure continued economic and social development. We would not want to turn our backs on the government of Colombia and send a negative message not only to Colombians but also to those in the Americas who look forward to increased trade bringing prosperity and contributing to better governance, peace and security in the region.

The Canada-Colombia free trade agreement is an important part of this commitment to the Americas. It is important to our history of engagement rather than isolation, in countries where Canada can make a difference and help others toward a future of lasting economic recovery, especially in these tough economic times.

The agreement includes parallel treaties on labour co-operation and the environment. The labour co-operation agreement is strong and comprehensive and will help improve labour standards for Colombian workers in many different sectors. Canadians can be proud of their government for ensuring that with all of our engagements, labour is a priority for this government along with the environment and human rights.

I know there are concerns about the impact of increased trade on workers, and I assure the House that it is an important concern for this government as well. This government firmly believes that prosperity cannot come at the expense of workers' rights. This government is committed to working with Colombia to improve labour standards and to help Colombia protect its workers. That is why the Canada-Colombia labour co-operation agreement is so very important.

The agreement is intended to facilitate co-operation on labour issues and to hold Colombia accountable for maintaining rigorous domestic labour standards reflecting those set out by the International Labour Organization. This agreement commits both countries to ensuring that their laws respect the International Labour Organization's 1998 Declaration on Fundamental Principles and Rights at Work.

The International Labour Organization's declaration covers a wide range of workers' rights and obligations: the right to collective bargaining, the abolition of child labour, the right of freedom of association, the elimination of forced or compulsory labour, and the elimination of discrimination.

However, our agreement with Colombia goes even further. It commits both countries to provide for acceptable protections in occupational health and safety, to provide for migrant workers to enjoy the same legal protections as nationals in terms of working conditions, and to provide for minimum employment standards, covering such things as minimum wage and hours of work. The agreement also includes a strong dispute resolution mechanism, along with penalties for not living up to these commitments.

To ensure the highest possible compliance, the agreement provides for an open, robust and streamlined complaints and dispute resolution process. As part of this, members of the public can submit complaints to either government concerning the non-compliance of a party with its labour laws and the provisions under the International Labour Organization's declaration.

If a matter cannot be resolved, an independent review panel may be established and could require the offending country to pay up to $15 million annually. This fine would be placed into a co-operation fund to be used to resolve the matter identified through the dispute resolution process.

The Colombian government has demonstrated resolve in recent years to fight impunity for crimes, and Canada needs to support these efforts. The government of Colombia has committed financial resources for the investigation and prosecution of violent acts against union leaders and members through a special unit of the office of the attorney general.

In addition, through the protection program for vulnerable groups, the government of Colombia is providing protection for labour union members, their families and other potentially targeted groups such as politicians, journalists and civil leaders. Colombians and Canadians alike expect that the government of Colombia will remain committed to preventing crime and will prosecute those responsible. Our commitment to the rule of law goes beyond our borders wherever Canada engages.

The fines payable under the labour agreement are not designed to punish specific criminal acts. They are designed to help ensure compliance with and respect for domestic and international labour obligations.

Moneys placed in the co-operation fund would be disbursed according to an agreed-upon action plan. This would ensure that the matters under dispute are effectively resolved. Through this agreement, Canadians would have a unique tool at their disposal to ensure that the Colombian government continues to demonstrate the political will and provide the necessary resources to improve the labour situation.

We clearly recognize the challenges that a nation like Colombia faces in complying with each and every standard set out in the agreement. Nevertheless, Canada believes that compliance with the obligations of this agreement can be achieved not only through a robust dispute resolution mechanism but also through enhanced technical co-operation. That is why our agreement is complemented with $1 million in labour-related technical assistance programming in the areas of social dialogue, occupational health and safety, labour inspection and enforcement of national labour legislation.

These initiatives aim to promote and enforce internationally recognized labour standards, particularly in the areas of labour inspection, tripartite consultation, enforcement of labour rights and occupational safety and health. These initiatives will also help Colombia enforce its domestic laws and meet the high standards established by this agreement. They will foster greater dialogue and co-operation among workers, employers and government to address labour issues. Canada is committed to helping our Colombian partners make the most of our new free trade agreement.

This government is re-engaging with our partners in the Americas and promoting the principles of sound governance, security and prosperity. We see improving workers' rights in the Americas as a fundamental part of this pursuit. More broadly, we are committed to playing an active role in promoting human rights across Latin America and throughout the Caribbean, and that includes Colombia.

We are one of the largest supporters of the Organization of American States, working in Colombia to support peace and demobilize paramilitary forces in that country. Our global peace and security fund is helping to promote peace, protect victims' rights and help strengthen Colombia's judicial system.

Canada takes human rights in Colombia very seriously, and this commitment extends to workers' rights. We believe free trade can play a positive role in a country's economic and social life. Workers' rights fit squarely into this principle and will continue to guide our engagement with Colombia and our partners throughout the hemisphere.

Canada is committed to supporting Colombia's efforts to meet these challenges and to build a better country for its people. Our government recognizes that free trade is a key driver of our economy, representing one in five jobs and a full two-thirds of our gross domestic product. We cannot talk about economic recovery without talking about free trade. That is why our government is putting such a strong emphasis on freer trade, an aggressive free trade agenda that will create jobs and foster economic growth.

Colombia is important to this agenda. It is important to Canadian workers and, of course, it is important to the development of a safer, more secure and prosperous Colombia. A safe, secure and prosperous hemispheric neighbour is a tenet of our engagement in the Americas. Today we have the opportunity to extend a future of promise to Canadian industry and the Colombian people for a future of mutual benefit and of course to demonstrate that, wherever Canada is, we promote the highest standards of labour rights and the protection of human rights. We can only do this through engagement. With the right mechanisms, such as the agreement we have before us, Canadians can make a difference.

For these reasons, I ask all hon. members for their support for this agreement. Let us get this agreement moved off to committee, to support Canadian business and to support the future of Colombia.

[Bruce Hyer, NDP, Thunder Bay—Superior North, ON]

Mr. Speaker, that was such a reasonable sounding appeal. It made it sound like such a wonderful deal for us and Colombia to pass this allegedly free trade agreement.

The hon. member went on at great lengths about how it would be good for Canadian workers and Colombian workers. I am trying to resolve that in my mind with whether that will be similar to what the government has done for workers in Sudbury, a little closer to home.

I have a specific question. Paramilitary forces in Colombia now are driving Indians and Mestizos off the land, out of the jungles and away from their traditional forms of agriculture, which have been shown over centuries to be sustainable.

There are highly sensitive soils in Colombia, highly sensitive and biodiversity ecosystems, which do not work well with our more northerly kinds of agribusiness, monocultures and so on in these sensitive soils. What concerns me is not just the affront to civil rights but the affront to ecosystems in that area.

I doubt I will get a good answer, but I hope I will be wrong and that I will get a good explanation as to why my fears are unfounded about the destruction of biodiversity and sensitive soils in Colombia.

[Gord Brown, Conservative, Leeds—Grenville, ON]

Mr. Speaker, as the hon. member said he thought what I said about what was in the agreement sounded good. The fact is it is good. It is a good thing that we are engaging with Colombia. As I laid out in my presentation, there are so many different aspects of engagement with countries in the Americas like Colombia that are positive for countries such as Colombia that we work together. By putting our heads in the sand and putting up a wall would be to the detriment of our own workers and our own economy in Canada and is not going to be very helpful.

I am very confident this agreement does have the protections in it that Canadians expect. It is something that is positive for Canada and it is something positive for Colombia in terms of our engagement.

[Ed Fast, Conservative, Abbotsford, BC]

Mr. Speaker, I want to follow up on the question that the NDP member just asked.

It is never passing strange that we find the NDP coming up with all kinds of reasons to oppose free trade agreements no matter what they look like, no matter what the stripe. I just heard about biodiversity and the quality of the soils. Earlier the NDP members were talking about the human rights regime.

I look back to the 1980s and the early 1990s when Canada was negotiating a free trade agreement with the United States, NAFTA. Even back then the NDP members opposed that free trade agreement. They did not have human rights as an issue. They did not have labour rights as an issue. They did not have biodiversity as an issue. They did not have soil quality as an issue.

The NDP members are, in principle, opposed to any kind of free trade agreement. They put up silos around our industries. They build trade walls around Canada. They ignore the global economy. They simply forge ahead as if they are hiding in a little hole.

Does the member not find it passing strange that the NDP would consistently find new ways of opposing free trade agreements?

[Gord Brown, Conservative, Leeds—Grenville, ON]

Mr. Speaker, the fact is if one is ideologically opposed to free trade in principle, one will find any excuse to oppose it.

I happen to chair the Canada-U.S. Interparliamentary Group. We know how important trade is with Canada and the United States and we know how many jobs are dependent on it.

We hear them on the other side say that we have lost jobs, but the fact is free trade has been good for Canada. It has created millions and millions of jobs in the NAFTA area and in the more than 20 years since the original Canada-U.S. Free Trade Agreement was passed.

Just last week I was in Biloxi, Mississippi, where the Canadian provinces and the southeastern states. We heard a presentation from the head of FedEx, which laid out all of the positive things that came out of free trade. I wish the hon. member had heard what was in that speech. This is the message the members from the House take down to the United States. These are the kind of positive things that we can get out of a free trade agreement with Colombia, moving forward for both Canadians and Colombians.

[Justin Trudeau, Liberal, Papineau, QC]

Mr. Speaker, over the past year I have received many letters and emails regarding the free trade agreement between Canada and Colombia. It is undoubtedly an issue that many Canadians care about. It is an economic issue, sustaining jobs in Canada and Colombia, and it is a moral issue when we consider the human rights situation in Colombia.

People are worried. They see the violence and conflict in Colombia. They worry that with this agreement, Canada is supporting and even encouraging these actions.

The reality is that in order to make positive changes in the world, we must get involved. The other opposition parties want to wait until Colombia figures things out for itself and becomes a model country before Canada signs anything.

However, the truth is Canada and Colombia exchanged over $1.3 billion in trade last year. Canadian businesses are taking note of this accord. With the signing of this agreement, Canadian entrepreneurs are prepared to make long-term investments that will benefit the Colombian people.

Canadian agricultural interests are supportive of this agreement. Canadian business organizations, including some members of the small business community, see the opportunities with this agreement. Other Canadian companies such as SNC-Lavalin and Brookfield Asset Management have opened new offices in Bogota and established a $500 million fund to invest in Colombia.

All of this is happening outside of this new agreement that we are supporting today. I say “we” because the official opposition played an important part in getting this agreement. Economics is the motor of trade, but we also have a duty to engage our economic partners on a human level. Sometimes people need to talk about other things before they get people to listen to what they have to say.

Human rights are at the root of our Liberal values, so in order for us to support this agreement, we needed to ensure that the economic agreement with Colombia would have a component that protects the right of Colombian workers and keep our companies out of human rights conflicts. That is why it was such a key element that our international trade critic, the member for Kings—Hants, broke the barriers of partisan politics and negotiated an amendment compelling each country to monitor and publicly report on how this free trade agreement impacted human rights both in Canada and Colombia.

In fact, under this new Liberal deal, Canada and Colombia must publicly measure the impact of free trade on human rights in both countries. This is the first such human rights reporting requirement for any free trade agreement in history. It imposes a new requirement on Canada's Department of Foreign Affairs and International Trade to focus on, collect and analyze information on the impact of the Canada-Colombia FTA on human rights both in Canada and in Colombia. This information must be provided to the Parliament of Canada in an annual report, which can then be used to guide Canada's foreign policy with respect to Colombia. In addition, the public tabling of the annual reports in Parliament will allow for greater scrutiny by all opposition parties and provide a transparent way for civil society organizations from around the world to access this data as they conduct their own human rights impact assessments.

The Liberal amendment for a human rights reporting requirement was motivated by a desire for greater public oversight in the area of human rights and a belief that human rights were deeply intertwined with economic opportunity. We recognize that human rights abuses in Colombia have largely resulted from violence fuelled by Colombia's illegal narco-economy, which in turn has been perpetuated by Colombia's endemic poverty, persistently high unemployment and insufficient social infrastructure. We believe that increased political and economic engagement can help address the root causes of violence and improve the human rights situation in Colombia.

This age of globalization is about opening up to the world and not shutting it out. I visited Colombia 15 years ago. Back then, like today, I saw a lot of challenges, a lot of problems with violence, and a lot of concerns regarding citizenship, but I also saw a lot of poverty.

Canada has a responsibility to share what we do well: not only our economy, but also our impact on human rights. That is our responsibility.

The Liberal Party believes Canada has a moral obligation to help Colombia continue to improve its human rights record. We must work with Colombia to strengthen its public institutions and create legitimate economic opportunities for all Colombians.

This free trade agreement, with the Liberal amendment establishing a human rights reporting requirement, will significantly strengthen Canada's ability to achieve these goals and engage Colombia on the issue of human rights. Furthermore, the Liberal amendment would provide Canadians and Colombians with an ongoing assessment of progress in this area.

Colombia is at a critical juncture in its history, emerging from decades of violence and civil war. The Liberal Party of Canada believes that countries like Canada can support Colombia on its path to peace, justice and reconciliation by helping to build and strengthen Colombia's public institutions and provide greater public oversight on the human rights situation in Colombia.

Canada must not turn its back on Colombia and isolate its people at this time. Rather we must seize this opportunity to open doors, to engage the people of Colombia and to work with them to break the cycle of violence and human rights abuses that prevents the country from reaching its potential.

I spoke earlier about how trade agreements make good business sense, but I must ask all members to consider the human dimension of this free trade agreement.

The Canada-Colombia free trade agreement includes the most robust agreements on labour co-operation and the environment that Canada has ever signed.

With the help of the UN High Commissioner for Human Rights, some improvements have been recorded in Colombia regarding those human rights, but there is still a long way to go. There are many obstacles in the way of progress such as poverty, resulting from persistent high unemployment rates in Colombia.

To increase trade, Canada can help build Colombia's legitimate economy, creating real jobs for Colombians, including the most vulnerable. We can provide opportunities that help wean Colombians off their illegal and violent narco-economy. At the same time, this free trade agreement can help strengthen the protection of Colombian workers. The Liberal Party believes that through free trade, Canada can help build Colombia's legitimate economy and create real jobs and opportunities for all Colombians, especially the most vulnerable.

It is important that Canadians know that this agreement is open to accountability. The annual reports analyzing the impact of this FTA on human rights produced to the House of Commons will be available to the public and will be debated at trade committee. Witnesses will be heard, both from Colombia and Canada, on an annual basis. We will deepen the transparency and accountability of this trade agreement. We believe it will actually set a precedent for trade agreements signed between countries around the world.

It is important that we engage Colombia and the Colombian people as a partner in progress, to help them achieve a more peaceful and prosperous future.

I believe this agreement, particularly with this amendment, will strengthen human rights engagement on an ongoing basis and ensure that this Parliament, on an annual basis, will receive a report on the human rights impact of the agreement and will help continue the debate, continue the engagement and strengthen human rights and labour rights in Colombia.

As Canadians, we have the tremendous luck to live in a country that is open, free from violent conflicts, civil war and torture, a country that is prosperous, environmentally conscious, and socially inclined. However, with that luck, comes great responsibility. We must keep the channels open and do the right thing for all Canadians and Colombians. This is where we turn our focus from just making our country a better place to making the world a better place.

[Paule Brunelle, Bloc, Trois-Rivières, QC]

Mr. Speaker, I had a really hard time keeping up with the member's speech. I see a Canada-Colombia free trade agreement as an economic agreement, but it would force us to compromise our principles and our values. We cannot say that social and human rights are good for Canada, where we demanded and fought so hard for them, but then say that for Colombia, where these rights are violated, they are not important.

When I was a member of the Standing Committee on International Trade, I heard about the deaths of union activists and about truly horrible living and working conditions. I wonder what my colleague thinks about moving forward with this free trade agreement. Would it not mean moving forward with an agreement that would violate human and social rights?

I am very much against this free trade agreement.

[Justin Trudeau, Liberal, Papineau, QC]

Mr. Speaker, I thank my colleague for the question. Our trade with Colombia is already in excess of $1.3 billion, and yet has no impact on human rights in Colombia. Signing this agreement will allow and require us to monitor the human rights situation and the impact of our trade with this country, and give us a tangible tool for improving the circumstances of the Colombian people in the future.

[Peter Julian, NDP, Burnaby—New Westminster, BC]

Mr. Speaker, I can only lament the ignorance to the actual situation in Colombia. The hon. member has not read any of the human rights reports, not one of them; not Human Rights Watch, not Amnesty International, not the CCIC, not the CLC report, not a single report to actually understand why every independent human rights organization on the planet that has commented on this agreement has talked about the risk of the human rights situation getting worse.

We combine that with the lamentable ignorance of the Liberals of their own amendment that does not compel anything more than the Colombian government to do what it already does, which is issue a report on itself every year. Every year the Colombian government says that it does a great job of protecting human rights and labour rights. No matter how many bodies are in the streets, the Colombian government always whitewashes itself.

The real question here is why the Liberals have completely betrayed all of those who voted for them in the past thinking that they were doing something on human rights and were concerned about human rights.

[Justin Trudeau, Liberal, Papineau, QC]

Mr.Speaker, something we can always count on is the NDP members standing to oppose any free trade agreement that is brought forward in the House. It is unfortunate because trade opens the way to engaging with other communities and other countries and provides a platform on which to work to build better prosperity.

Not every country in the world can have the laudable human rights record that Canada has. We are not without our imperfections but it is through prosperity, working together, leaning in on it and ensuring that we are working together to create a better, more prosperous future for--

[Peter Julian, NDP, Burnaby—New Westminster, BC]

We are going to do a forum in your riding.