:
Good afternoon. Welcome to the fourteenth meeting of this session of the 40th Parliament of our Standing Committee on International Trade.
Today we're going to continue our consideration of Bill .
To assist us today, we have as witnesses, first, from the Canadian Association of Labour Lawyers, Mark Rowlinson.
Welcome, and thank you for coming.
From Pulse Canada, we have Carl Potts, whom we've had before. He's the director of market development.
Welcome back, Mr. Potts.
We also have with us Murad Al-Katib, a board member at Pulse Canada.
We also have, from Spirits Canada and the Association of Canadian Distillers, Jan Westcott, president and chief executive officer.
Welcome back again, Jan, and thank you for coming.
We also have with us CJ Hélie, the executive vice-president of Spirits Canada.
From the Canadian Union of Postal Workers, we have with us Denis Lemelin, the national president.
We are going to hear brief opening statements from each group. I hope these can be kept within 10 minutes, because I'd really like to give all of the members an opportunity to ask questions today.
As we do have other business on the agenda, I'm going to get going right now. Following your statements, we'll start immediately with questions. We'll try to keep the first round to 10 minutes, and if we have time for a second round, we will go to five minutes for each round of questioning.
Without further ado, I think we'll get started on and ask for opening statements. As I'm facing the witnesses, I may just start on my left with Mr. Potts.
We'll hear from Carl Potts from Pulse Canada for an opening statement. Thank you.
Thank you, Mr. Chairman and members of the committee, for the opportunity to present here in front of you on this important matter today.
I'm pleased to have with me and will share my time this afternoon with Mr. Murad Al-Katib. He's on the board of directors of Pulse Canada. He's past-president of the Canadian Special Crops Association and he's also president and CEO of Alliance Grain Traders, which is the world's largest lentil and pea-splitting company and one of the world's largest exporters of lentils.
Pulse Canada is the national industry association that represents growers, processors, and exporters of pulses from Canada. Provincial pulse growers organizations and processors and exporters that are members of the Canadian Special Crops Association provide funding and guidance to our association.
Canadian pulse growers, processors, and exporters are critically dependent on exports for continued prosperity and growth. Typically, 70% to 75% of Canada's pulse production is exported, and when you look at specific products, it's even higher than that. In 2009, Canadian pulse exports topped $2.1 billion, which is a new high, a new record.
Our industry has taken a very keen interest in the pursuit of strategic bilateral free trade agreements. Particularly, we look to ensure that we are able to retain competitive access to key markets. Key priorities for us include Peru, Colombia, and Morocco, and the Dominican Republic as well.
Colombia is a critical market for Canadian pulses and special crops. It's one of the top markets for green lentils and Canada's eighth largest market for pulses overall, importing about 104,000 tonnes, or $70-million worth of product in 2009. Colombia is also a very significant market for dried peas, canary seed, and chickpeas, and with an agreement in place, we can begin to re-establish our market share for red beans into Colombia, which we've lost in recent years. In addition, pulse and special crops are Canada's second-largest agrifood export to Colombia at the present time.
In terms of the impact of our competitors' agreements on our industry, the U.S. agreement negotiated with Colombia gives U.S. pulses preferential access. It gives them tariff-free access for an unrestricted quantity of peas, lentils, and chickpeas, and for some special crops as well, and for beans it provides a tariff rate quota system that will progressively increase U.S. access over a period of about 10 years. If this is left unchecked, without a Canadian agreement in place, Canada will face a very stiff tariff disadvantage for pulses into Colombia, and it will significantly impact our market share.
Let me give you a few examples of what the impact will be of this Canadian agreement.
First off, this agreement will ensure that we retain competitive access for one of our key markets. To give you an example, if the landed cost of lentils in Colombia is about a thousand bucks a tonne, a 15% tariff disadvantage works out to about $150 per tonne.
In an extremely competitive marketplace, it's often a matter of a few dollars per tonne that makes the difference between making the sale or not, so tariff disadvantages of this sort of magnitude will effectively shut the Canadian industry out of this market and reduce prices for Canadian farmers. This is really one of the most important aspects of this agreement for our industry: ensuring that we retain competitive access.
Secondly, this agreement will also re-establish competitive access for Canadian red beans, which have been effectively shut out of this market by a prohibitive 60% import duty.
Thirdly, the market will also reduce duties and the cost of product in Colombia. If you look at a product like canary seed, if we eliminate a 15% tariff disadvantage, we reduce the costs, and we have the potential for increased demand because of lower costs into Colombia.
We also could stand to gain an advantage relative to the U.S. for a period of time. We fully expect that it's just a matter of time before the U.S. implements their agreement with Colombia. But if we can get a tariff advantage even for a period of time, we may be able to establish an even stronger foothold into Colombia. An example of this may be the use of peas as a feed ingredient, where our analysis has indicated that, with the Canadian agreement in place, we could stand to have a $10- to $15-per-tonne advantage over U.S. corn and soybean meal into that particular market.
I'll now turn my time over to Mr. Al-Katib, who will make some specific comments from the perspective of a major exporter of these products from Canada.
My company, Alliance Grain Traders Incorporated, is based in Regina. We are one of the largest processors and exporters of pulse crops in the world, starting only seven years ago in the basement of my house, and now accounting for over $300 million in exports from Saskatchewan. We've created over 300 new jobs in Saskatchewan, Manitoba, and Alberta.
Pulses are something that I think people are starting to get more familiar with here on Parliament Hill as a result of the dramatic growth of the sector in western Canada. If we look at a product like lentils alone, we can see that it will account for over three million acres of production in Saskatchewan this year. Canada is the world leader in green lentil production and has a dominant market share of about 75% of the global trade in this particular product.
As a result, changes in Canadian supplies, through changes in production and changes in carry-out stock levels, have significant impacts on the global price levels that reflect back to returns to Canadian growers.
There are only a limited number of markets for green lentils in the world, and Colombia is arguably the number one or number two market in the world for this particular commodity. As a result of Canada's dominant market position, we do enjoy a very dominant market penetration in Colombia today, on a 15% tariff basis, which of course may change dramatically if the U.S. agreement goes ahead and ours does not.
The U.S. industry recognizes the opportunity to take advantage of preferential access and is fully supporting the U.S. free trade agreement with Colombia as a way to actually displace Canada as the major supplier of this particular product. It's critical that Canada implement this agreement with Colombia to ensure that the Canadian trade and Canadian farmers retain their competitive access to one of its most important markets and retain the market share that they have worked hard to build over many, many years.
Now, to look at the impact of the agreement, it will re-establish access for Canadian red beans. It will allow us to preserve our market position in the current crops that we sell into that market. This particular bill does enjoy strong support from our industry. In fact, the Canadian Special Crops Association, which is made up of 150-odd members from across Canada, has endorsed this particular agreement unconditionally.
When we look at the impact on employment, in addition to the significant impact on growers and pulse crops, we can see that losing our competitive access to a market will have a significant impact on the value-added processing and exporting companies in our industry.
Now, I talk about being the largest, but I want to note that I started my first shipment in January of 2003. and this is an industry dominated by small and medium-sized enterprises. It is an industry that is definitely critical to the economy in western Canada. So the companies in our industry range from large multinational grain companies to others, but also are really dominated by small single-plant processors. These companies are significant sources of employment in Canada and provide quality jobs in the areas of marketing, finance, logistics, plant operations, etc.
From a perspective of customers in Colombia, we were actually the target of some very significant and angry reactions from Colombian importers due to Canada's lack of response on the establishment of a free trade agreement prior to 2006. So the news of a pending agreement has been welcome to the industry there.
As for the industry there, we must recognize that this is basic protein food for the mainstream consumer. This is not a politically sensitive commodity, and it is providing basic health and nutrition to many citizens in the country. So providing cost-effective access to this type of commodity on a duty structure that is much more favourable does do a lot for basically building civil society within that country.
I have with me a letter from the major importer in Colombia, which summarizes the benefit of the agreement to consumers. I will quote from it:
With the low incomes for a large part of some social classes...[the duty] saving would positively support their food needs with an excellent nutritional value. These products are not sensitive locally and do not displace local production.
Will the Colombian citizen benefit? Yes. With pulses being important protein sources for the poorest people in the world, lower tariffs have the potential to provide food at a lower cost.
Mr. Chairman and members of the committee, the agreement is critical to our industry. It will ensure that we remain competitive in Colombia relative to the United States and will ensure that the years of market development by our companies are not jeopardized. It will allow us to rebuild our market share in red beans and it will provide an opportunity to gain an advantage relative to other shippers if Canada implements our agreement before the United States.
We need to ensure we implement as soon as possible, preferably before we start marketing and shipping our new crop later this summer.
We thank you for the opportunity.
:
Okay. So it will take more than 10 minutes, if I understand correctly.
Some hon. members: Oh, oh!
Mr. Denis Lemelin: I want to thank you for the opportunity to appear before you. CUPW represents 54,000 workers, in both rural and urban communities from coast to coast to coast. A majority of our members work for Canada Post.
I have been to Colombia several times, both as part of my work and for personal reasons. For a number of years now, CUPW has been working in alliance with the Colombian postal workers union, Sindicato de Trabajadores Postales de Colombia, or STPC. We have seen the organization change over the years. We try to assist them in their efforts to maintain decent jobs and a public postal service and to help them self-organize after they lost their jobs as a result of the privatization of their postal service, which was known as Adpostal. The service's disappearance was essentially backed by military and paramilitary groups. We work with the union as it tries to protect workers rights. So we have had a very important relationship with the Colombian postal workers union for a number of years.
During that time, we have of course been concerned by the issue of human rights. In our view, human rights and trade union rights are one and the same. They are a key concern.
We became especially concerned in 2005, when Porfirio Rivas, the president of the STPC at the time, was forced into exile in Canada, more specifically, Quebec, with the support of unions including the Fédération des travailleurs et travailleuses du Québec. He had raised concerns about the potential privatization of Adpostal. Since he worked at the mail centre near the airport, he had seen things that made him want to speak out against certain habits that the postal service had in terms of transporting drugs.
He came here in 2005. In August 2006, police surrounded the mail centre near the airport. Workers were escorted out at gun point. It also happened at a number of postal facilities afterwards. An executive order to wind down the national postal corporation, Adpostal, was issued in August 2006. Clearly, many workers lost their jobs—mostly postal workers—in Colombia's large centres, including Bogotá, Cali and Medellín. Only a handful of union members remain.
Having worked with them, it is difficult for us to see the extent to which the Colombian union, which used to have more than 2,000 members, was, in the span of seven or eight years, completely destroyed and virtually wiped off the map through privatization. Not to mention the fact that trade union rights and human rights were seriously destabilized as a result. Currently, the union is trying to recover and reorganize with our help. Today, the postal service in Colombia is run by a numbered company, and we do not necessarily know what that means. The private sector has grown significantly. In our view, this disappearance is a flagrant example of what is happening to workers in Colombia.
So that has been the nature of our relationship with them. That being said, it is important to note that the situation in Colombia does not just affect our relationship with the STPC, but also Colombia's international standing. In addition, the International Trade Union Confederation (ITUC), which brings together 145 million workers worldwide, has repeatedly voiced its opinion on human rights and the situation in Colombia.
I would like to quote one or two examples from a survey prepared by ITUC.
There are a number of legal impediments to the full exercise of freedom of association in Colombia, however, such as Resolution no. 626 of February 2008, which gives as one of the reasons for denying registration "that the trade union organisation was formed for purposes other than those derived from the fundamental right of association".
That is extremely important. A freedom is supposedly guaranteed, but, at the same time, it is being restricted by conditions that you are probably already familiar with—paramilitary groups, guerrilla groups such as FARC and so forth. Very quickly, workers are associated with these groups and targeted.
There are many problems in Colombia related to various contractual arrangements. There, they talk about workers' cooperatives, which are not the same as those we have here. They talk about service contracts, and civil and commercial contracts, which are mock employment contracts. They are not genuine collective agreements, but agreements with intermediary groups in Colombia that act as intermediaries for labour. Companies deal directly with those organizations rather than with unions.
In reality, what we are seeing is that free collective bargaining is elusive in Colombia, and that is what the International Trade Union Confederation pointed out in its report.
Colombian legislation has introduced a principle of discrimination against the jobs and collective bargaining rights of public sector workers, by classifying them as "official workers" ("trabajadores oficiales") or "civil servants" ("empleados publicos"). The unions representing public sector workers are not allowed to put forward demands or sign collective agreements [...]
The only right they have is to submit “respectful requests” to their employer. ITUC's report goes on to say:
Barely 1.2% of workers in Colombia are covered by a collective agreement. In 2008 only 473 agreements were signed, of which 256 were collective agreements negotiated with the unions and 217 were pacts [...]
We are seeing a steady drop in union organization, and that is an ongoing reality. We know that over the past 15 to 20 years in Colombia, more than 2,000 union leaders have been assassinated on various occasions by various groups. In 2009, 45 trade unionists were murdered. It is obvious that these assassinations—everyone will understand—were intended as a show of power, the power of paramilitary groups. They were intended to send trade unionists a message: stay home, do not move, do not organize because you will be targeted—which happened to STPC leaders.
In 2005, the Uribe government adopted the Law on Justice and Peace—which you have most likely heard of—which was designed to promote reconciliation and the fight against impunity. The term “impunity” is key here. Murders take place regularly but these situations are never really identified. In its report, ITUC notes the shortcomings of the Law on Justice and Peace. I will quote one or two examples.
It is only applicable to the few members of illegal armed groups that are under investigation or have already been sentenced. Given the high level of impunity, most of the paramilitaries and members of guerrilla groups are not subjected to any investigations.
The ITUC report also states:
The possibility of combatants enjoying illegally obtained assets is seriously affecting the victims' rights to compensation.
That is when action was taken. Keep in mind that more than 4 million people have been displaced in Colombia—as you probably know—and their displacement is a direct result of situations experienced by trade unionists. Former combatants can return and re-engage in the same paramilitary activities as before. We prepared a document entitled Forever Solidarity.
In July 2008, I went to Colombia with three other trade union leaders from the public sector, representing more than one million workers across the country—the Canadian Union of Public Employees, the Public Service Alliance of Canada and the provincial workers union—to see what was happening in Colombia as various activities had been organized. We went to Colombia just after the commission, which prepared a report that you are probably familiar with.
We attended the Permanent People's Tribunal, known as the Bertrand-Russell Tribunal to some of you, and we attended a few of the plenary sessions, in the country and in Bogotá.
The tribunal identified three things in its report.
Colombia is an economic laboratory which has resulted in deaths, disappearances, millions of displaced people, the destruction of the environment, a severe weakening of the trade union movement and the discounted sell-off of the country to multinationals.
The Government of Colombia's democratic security doctrine has paved the way for mass exploitation.
The people who fight for human rights in Colombia are very vulnerable.
The Permanent People's Tribunal is made up of prominent international figures, including a Nobel Peace Prize laureate. They came to a verdict after a two-year process.
The document—which you will probably have the chance to read—talks about certain free-trade ties between the Canadian government.... At the end of our report, we made several recommendations specifically having to do with an independent investigation, by an independent organization. We also recommended that the government examine a number of issues before moving ahead with a free-trade agreement with Colombia.
In our view, there is no real difference between today, 2010, and 2008, given that a mass grave containing 2,000 bodies was just discovered near a military base in the town of La Macarena, Colombia, which I am sure everyone has heard about.
There are three recommendations that we want to make to the committee. I will read them to you, and then we can discuss them.
We believe that a human rights impact assessment should take place prior to the implementation of the agreement. This is in order to obtain a clear assessment of the human rights situation in Colombia as it exists today and within its historical context. Such an assessment would provide a baseline for future assessments and would allow a clearer determination as to whether closer engagement and economic growth would have a positive impact on human rights.
We believe that such an assessment should be undertaken by impartial and credible parties. The assessment should not be undertaken by the Colombian government. It is not acceptable that government officials who are committed to this deal or who have a responsibility to oversee human rights in Colombia should undertake this assessment.
We believe—if ever things move forward —any amendment must include specific and concrete steps to address any human rights problem or issue that comes to light as a result of a human rights impact assessment. Without those specific and concrete redress mechanisms in place, the proposed annual assessment—in the form of either an amendment or an addition to the agreement—must be put forward. So there needs to be options, but we think the first step is the independent investigation.
Thank you for listening.
I hope you can hear me. My name is Mark Rowlinson. I'm counsel to United Steelworkers, but I'm also a member of the international labour rights committee of the Canadian Association of Labour Lawyers, on whose behalf I appear before you this afternoon.
The Canadian Association of Labour Lawyers is an association of over 350 progressive lawyers who represent workers, trade unions, professionals in other associations in a wide range of legal matters across Canada. Over the last 15 years, CALL has been actively working to promote labour rights in the Americas, and we have been an active participant in the litigation and consultation processes set up under the labour side agreements first of NAFTA.
CALL last appeared before this same committee on this same issue—that is to say, Canada-Colombia free trade—in the spring of 2008, during the hearings that led to this committee's June 2008 report entitled Human Rights, the Environment and Free Trade with Colombia. I have a copy here, and I'm sure you're all well familiar with it.
We thank the committee for giving us an opportunity to testify again, now that we have a copy of the proposed trade agreements and the implementing legislation. My presentation today will consist of three parts.
First, I wish to make a few observations regarding the current labour rights situation in Colombia. Second, I will provide CALL's view on the labour provisions contained in the proposed trade agreements, and in that part, my presentation will be a very much briefer version of the brief that was presented to you, I believe, by Gauri Sreenivasan from CICC at last Thursday's hearings. Finally, I will provide our views on the amendment or addition--proposed by, as I understand it, the Liberal trade critic--that would require, again as I understand it, a human rights update report to be delivered to Parliament on an annual basis in respect of the Canada-Colombia free trade agreement.
First, I have a few recent observations regarding labour rights violations in Colombia. Violations of fundamental labour rights and violence committed against unionized workers are obviously amongst Colombia's foremost human rights challenges. To this day, Colombia remains the most dangerous place in the world to be a trade unionist, accounting for a majority of the murders of trade unionists around the world.
According to the latest figures provided by Colombia's National Labour School, since 1986 there have been 2,789 trade unionists murdered in Colombia. While there has undeniably been a decline in that murder rate since 2001, the decline has ended in recent years. In 2007, Colombia's National Labour School reported that 39 trade unionists were murdered. In 2008, 49 murders were reported, an increase of 18%; and just recently it was reported that in 2009, 47 trade unionists were murdered—essentially the same figure as 2008. In other words, while there was a precipitous decline in the middle part of this first decade of the new century, that decline has ended.
I know that you've heard from the Colombian government, which suggested that last year only 28 trade unionists were murdered. From our perspective, it doesn't really matter whether it's 28 or 48. The reality is that it's still far too many. And the reality is that more trade unionists are murdered in Colombia than anywhere else on this continent.
The 2009 figures are especially concerning, given that in 2008 the government began showcasing improvements in the human rights situation to counter opposition to both the U.S.-Colombia FTA and the Canada-Colombia FTA. It is obviously the case that murder and the threat of murder will have a chilling effect on trade union activity in Colombia. The question this committee has to ask is that if workers fear for their lives when deciding to exercise fundamental labour rights, how can they can effectively share in the potential benefits of trade?
Importantly, it continues to be the case that impunity rates for these labour rights violations remain largely unchanged, with a 3% conviction rate. This level of impunity creates very little incentive for perpetrators to cease their actions. Furthermore, trade union density in Colombia also continues to fall. I know that this committee has heard different accounts of trade union density statistics in Colombia. Again, the National Labour School recently reported that in 2009, trade union density rates were around 4.2%. Again, they continue to fall. They're down from 13.5% from 20 or 30 years ago.
President Uribe argues that his administration has taken extraordinary steps to counter the violence against trade unionists, devoting new resources, including judges to address labour cases as well as additional funding to the attorney general's office for investigation and prosecution.
Such resources are of course appreciated, but the abuses and persecution of trade unionists and human rights defenders persist. As an organization of labour lawyers, CALL is very concerned about the protection of human rights defenders in Colombia who are faced with regular threats and intimidation. Indeed, in the March 2010 report on the human rights situation in Colombia, the UN High Commissioner for Human Rights reported that in 2009 there was actually an increase in intimidation and death threats against human rights defenders and social and community leaders, as well as against members of marginalized groups.
In short, in our view, the labour rights and human rights situation in Colombia remains dire. It was still the case again in 2009 that 60% of the trade unionists killed in the Americas were killed in Colombia.
The question then becomes whether there is anything in the Canada-Colombia trade agreement that is going to address these labour rights violations.
It's been our experience that trade agreements are not written to improve labour standards, and there is, frankly, little evidence that such agreements can become vehicles for the enforcement of labour rights. On the contrary, the market access and investor rights provisions of the text of the agreement could serve to increase the rate of labour rights violations because of the structural impediments to union freedoms in Colombia and the gap between legislation and practice in Colombian society.
The labour provisions found in the Canada-Colombia FTA generally follow the pattern that we see in existing hemispheric trade agreements, specifically the NAFTA labour side agreement, the Canada-Costa Rica FTA, and most recently the Canada-Peru FTA. There is a general consensus among the trade union movements in both Canada and Colombia that the protections found in these trade agreements negotiated thus far have left much to be desired. The enforcement provisions are generally weak and ineffective, and the agreements tend to focus on the enforcement of existing statutes rather than on raising labour standards.
I want to make this point: if you look at the labour rights situation in Mexico since the NAFTA labour rights agreement was entered into, it has arguably become worse. We have close relationships with the Mexican trade union movement, and the reality is that NAFTA has done nothing to improve trade union rights in Mexico. In fact, they're presently in a worse crisis than they have ever had, so there's no evidence that the NAFTA labour side agreement has led to improvements in labour rights in Mexico. The experience has been the opposite, and there is no reason to believe that this agreement with Colombia would not have the same effect.
The Canada-Colombia FTA provisions represent an evolution of--and, I will concede, an improvement over--the existing NAFTA labour side agreement. Article 1 of the labour side agreement affirms that each party shall ensure that its laws provide protection for the internationally recognized labour principles contained in the 1998 ILO declaration, together with the ILO's decent work agenda. As such, this article contains greater substantive labour rights than those found in the NAFTA labour side agreement. However, article 2 of the Canada-Colombia labour side agreement, the non-derogation clause, only prohibits the violation of ILO standards when it can be demonstrated that the violation was done to encourage trade or investment. This is an arguable limitation on the substantive obligations of the parties.
Where the agreement becomes particularly problematic, of course....
Should I speak more slowly?
:
I'll limit my comments.
I just want to pick up by highlighting the weaknesses of the enforcement provision in the Canada-Colombia labour side agreement. The particular weakness that I want to focus upon is the fact that, once again, enforcement is left up to the signatory states and the signatory bureaucracies that are assigned the task of enforcing the labour rights.
That is to say, unlike in the investment provisions, the offended parties, whether that be workers, trade unions, or human rights organizations, have no ability whatsoever to advance these cases to a dispute resolution panel on their own. All of the enforcement takes place through the states themselves. The result of that, in our experience under existing agreements, is that you never get to the dispute resolution mechanism so you never get a remedy. Nothing, frankly, ever happens when these complaints are filed.
The other substantial failing, of course, is that there is a profound limitation on the remedies that are provided. Even if you were to get to a dispute resolution panel--namely, a fine in the amount of $15 million--and the payment of that fine...into essentially a labour fund; that's essentially how the agreement works.
Again, this committee has to ask itself whether or not a $15 million fine is a substantial enough penalty and remedy to seriously deter labour rights violators in Colombia, given the history of violence and appalling labour rights violations. In our respectful submission, that sort of fine is not sufficient.
Again, I urge you to compare the labour rights provision with the investor rights provisions. The investor rights provisions, in article 8, provide an enforceable arbitration mechanism that is effective, independent, and rapid. The awards are final and binding, and they provide real remedies to investors whose rights may be violated in the agreement. Again, the contrast is stark.
In our view, because this agreement contains no real trade sanctions such as the imposition of countervailing duties or the abrogation of preferential trade status in the event that a party fails to adhere to the labour rights provisions, and given the magnitude of the labour rights violations in Colombia and the failure of the current government to prosecute the offenders, we submit that simply issuing fines against the offending government is not an acceptable sanction. Moreover, it will provide no incentive for the Colombian administration to address the current crisis and bring an end to the violent assassination of Colombian trade unionists.
In general, experience suggests that the labour provisions in trade agreements, whether in side agreements or not, are unlikely to lead to concrete improvements for workers and trade unions. In our view, the labour rights provisions in the Canada-Colombia FTA are not sufficiently robust to even begin to address the serious labour and human rights situation in Colombia.
Finally, I want to take you back a little bit to the report that this committee produced in June 2008, entitled Human Rights, the Environment and Free Trade with Colombia, when it was considering the potential impact of the Canada-Colombia agreement. The report made several good recommendations unanimously, including the following recommendations.
4: The Committee recommends that an independent, impartial, and comprehensive human rights impact assessment should be carried out by a competent body, which is subject to levels of independent scrutiny and validation; the recommendations of this assessment should be addressed before Canada considers signing, ratifying and implementing an agreement with Colombia.
That was the recommendation of this committee in June 2008.
The Liberal trade critic has proposed an additional text, an amendment. I'm not exactly sure of the exact content of this proposal, but it was read into the record, and what was read into the record reads as follows.
The Minister shall cause to be laid before each House of Parliament by March 31 of each year or, if that House is not then sitting, on any of the thirty days next thereafter that it is sitting, a report of operations for the previous calendar year, containing a general summary of all actions taken under the authority of this Act, and an analysis of the impact of these actions on human rights in Canada and Colombia.
It is, in our view, undeniable that the amendment or addition to Bill proposed by the Liberal trade critic utterly fails to comply with the recommendation that this very committee had adopted in June 2008.
It utterly fails in at least three ways.
First, the recommendation of the committee was that the human rights impact assessment be carried out before Canada considers signing, ratifying, or implementing an agreement with Colombia. The proposal currently before this committee, of course, is that the reports be produced after the agreement is already signed and ratified.
Second, the recommendation of this committee was that the assessment would be independent, impartial, and subject to levels of independent scrutiny. The proposal now before this committee and under Bill is that the human rights reports would be prepared and submitted by the signatory governments themselves. Although there is not total clarity on who exactly is going to prepare these reports, in our opinion, the proposed human rights reports are not independent in any sense of the term as contemplated in this committee's June 2008 report.
Third, and most importantly, it was clearly the case that unless the recommendations in this committee's report were satisfied, then Canada should not implement a free trade agreement with Colombia. That is to say, if the conditions of the report were not satisfied, there would be real consequences. However, the amendment currently proposed by the Liberal trade critic has no consequences whatsoever, or that I am aware of, if in fact it emerges that the human, environmental, and labour rights situation in Colombia fails to improve, or in fact gets worse, once the Canada-Colombia FTA is signed. As such, without any penalty or enforcement provision at all, it is unclear to us if the amendment to the legislation has any real benefit. Rather, it seems to us that the additional paragraph is, frankly, window dressing.
In our view, the situation on the ground in Colombia has not changed substantially since June 2008. Therefore, we fail to see the basis upon which this committee would simply abandon the recommendations made in June 2008 and advance and recommend the implementation of this trade agreement.
Thank you very much.
:
Thank you, Mr. Chair, and members of the committee.
Spirits Canada is the only national trade association representing the interests of Canadian spirits manufacturers and marketers, and we appreciate the opportunity to appear before you today to share our views.
Let me start my comments with a very strong endorsement on behalf of our member companies for an FTA between Canada and Colombia. Canadian spirits manufacturers are found right across Canada--from Lethbridge, Calgary, and High River in Alberta to Gimli in Manitoba; Amherstburg, Brampton, Collingwood, Grimsby, and Windsor in Ontario; and LaSalle, Montreal, and Valleyfield in Quebec. Our world-renowned producers buy local grains, such as rye and corn, and transform them into highly prized spirits that are enjoyed by adults around the world.
We are, however, currently navigating very difficult circumstances. The near implosion of the American consumer market, for example, has had and is having a devastating impact on our local operations. The realized value of our exports to the U.S. in 2008 was nearly $55 million less than in the preceding year. With Canadian spirits producers exporting nearly seven of every ten bottles they make each year, exports are critical to the fiscal health of the Canadian spirits Industry.
So it is critical that we do what we can to further diversify our export base. While it is true that Colombia is not a large importer of Canadian spirits today, we believe it has future potential. In terms of overall spirits consumption, Colombia represents about the same volume potential as Mexico does to Canada—it exports over $1.5 million every year.
A number of years ago, several of our member companies identified Colombia as a potential new export opportunity, but one whose associated investment was not warranted without first achieving some changes in their beverage alcohol regulatory framework. Working closely with Canadian trade officials, we identified three key areas of market access improvement that would be needed for Canadian spirits, principally Canadian whisky—our signature product—and vodka to be competitive in Colombia. Those were recognition and protection of Canadian whisky and Canadian rye whisky as distinctive products, early elimination of Colombia's punitive 20% import customs tariff on spirits, and reform of Colombia's internal beverage alcohol taxation regime.
Allow me to very briefly explain the value and benefit and in fact the necessity of these elements. Formal recognition and protection for Canadian whisky provides security of investment, with such protection guaranteed by the Colombian federal government. That would be effective immediately upon ratification. That kind of protection affords Canadian whisky brand owners the confidence to invest in developing the Colombian market secure in the knowledge that they are not going to be abused by knockoff and counterfeit products that are going to trade on the established reputation of Canadian whisky.
At 20%, Colombia’s current import customs tariffs effectively render most Canadian spirits uncompetitive in the local market. By comparison, Canada eliminated its import tariffs on whiskies many years ago and imposes only modest import tariffs on vodka, gin, and rum, ranging from 5¢ to a little over 12¢ per litre of absolute alcohol. What this means is that a typical bottle of Canadian whisky entering Colombia would be subject to an import tariff of over $1.00 a bottle, while spirits entering Canada would only be subject to an import tariff of between 10¢ and 25¢.
It is also our contention that Colombia’s internal tax structure for beverage alcohol is constructed in such a manner as to afford protection to its local producers in breach of its international trade obligations under the WTO.
By way of example, Colombia imposes a substantially higher tax rate on spirits with an alcohol content greater than 35% by volume. By law, all Canadian whiskies and most other internationally traded spirits must be bottled at a minimum alcohol strength of 40%, while by practice most local Colombian spirits are bottled at just under the 35% threshold.
We are pleased that Canadian negotiators were very successful in achieving each of these three objectives in the agreement with Colombia. Article 212 of the agreement formally recognizes and protects Canadian whisky and Canadian rye whisky as distinctive products of Canada.
The agreement also requires Colombia to eliminate its customs tariffs for Canadian whisky and Canadian-made vodkas, the industry’s two primary interests, within 12 years of coming into force, with an accelerated provision should the U.S.-Colombia FTA be ratified within two years. Clearly a quicker elimination would have been preferred, but given the time that it takes to build brands in a marketplace, a 12-year phase-out is acceptable.
Finally, Annex 202 of the agreement also requires that Colombia’s measures related to the taxation of all beverages must be fully compliant with the country’s national treatment obligations within two years. We are pleased that Canadian trade negotiators were receptive to the industry’s interests and priorities and fully delivered on them. As a result, Canadian spirits manufacturers support the FTA text as negotiated as a net benefit for Canadian producers.
Thank you very much.
I have just some examples. We had visiting with us the Minister of Foreign Affairs of Colombia, Adriana Mejía. She gave us some examples of things they have done that really impressed us, and it wasn't just a matter of dealing with their local institutions. I will give you one example with children, children in armed conflicts.
In December 2008, Colombia voluntarily accepted the implementation of the moratorium and reporting mechanism—and I underline, Mr. Chairman, through you—in the UN Security Council Resolution 1612. So they are not just dealing within their own esoteric organizations. I think that proves that they are working with international organizations.
I read an article the other day, Mr. Chairman, that I'd be glad to pass around. We were told by the Minister of International Trade, who was with us last week, that FARC is really engaged now. They are the biggest drug cartel in the world. The other day, coincidentally, I read in the paper, about FARC, that “Colombian rebels kill five soldiers in coca field”:
Colombian FARC rebels killed five soldiers after attacking them with explosives near the border with Ecuador while troops were eradicating illegal coca crops used to make cocaine....
We know that drugs are part of a major problem, and this government, we have been told by various representatives, is trying to eliminate them. So I don't know who FARC is working for.
I'm going to close with this, because I'm going to pass the rest of my time over to my colleague Scott Brison.
When it comes to displaced people, in 2008 there were almost half a million people displaced. They're down to 114,000, if I may say so. Concerning kidnappings, in 2002 there were about 2,900; they're down to 213, Mr. Chairman, for the record. Homicides in 2002 were close to 29,000. They're down to 15,000.
I agree with the statement that was made earlier, that one is one too many. We say in Canada, too, that one homicide is one too many.
I'm going to stop here, sir. But what the statistics show is that they are making a concentrated effort, and I believe that the amendment of the proposal of my colleague, Scott Brison, is one good step toward trying to resolve it.
I'll close with that, sir, and share my time with Mr. Brison.
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Mr. Rowlinson, on human rights impact assessment, doing a human rights impact assessment of an agreement that does not yet exist is actually extremely difficult. To try to predict what the effect of an agreement that is notional, that hasn't been ratified yet, would be on human rights is very difficult. However, doing an annual impact assessment....
In fact, I won't go through the entire written agreement, but will go back to the testimony, before the committee, of Minister Plata. He read into the record what procedure would be required on an annual basis, where both the Colombian and Canadian governments would be responsible for the writings of reports that would be submitted to both parliaments and subject to scrutiny by civil society at committees like this. Having an annual vehicle through which to evaluate the human rights impact assessment of an actual--not a notional--agreement will provide this Parliament and civil society organizations an opportunity to continue the dialogue on human rights, to evaluate clearly the impact of human rights over the long term.
I would gladly meet with you. You said this is window dressing, but we've never met and we've never had an opportunity to go through, in a granular way, the full details of the agreement, but I would gladly do that. I would gladly meet with you anytime. I know it's difficult in terms of the committee because we don't have a lot of time to go through all of these. But I think all members of this committee want to see the advancement and strengthening of human rights in Colombia. The only reason we're talking about Colombian human rights at this committee is because there's a free trade agreement on the table that is bringing this discussion forward, which in fact helps demonstrate that economic engagement can help fortify human rights engagement. But our goal is to ensure, on an ongoing basis, that this continues to be the case, that the human rights discussion doesn't stop once the agreement is signed.
You said, “What happens if human rights worsen?” There's a six-month cancellation clause on this agreement that can be invoked by the Canadian government. On an annual basis, if we find human rights are worsening, and if that is the result of this FTA, that is the kind of scrutiny that Parliament is willing to be subjected to. The cancellation of an FTA is a very significant measure, but it's one that we have at our disposal as part of this agreement.
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I apologize again on behalf of the rudeness of some of our colleagues around the table.
I want to mention that last week we had a minister from Colombia who spoke for over 20 minutes. I didn't agree with much of what he said, but it was important that he had the opportunity to speak before this committee. The information that all of you brought forward today is very important for this committee.
We have just started hearing from human rights organizations and labour organizations.
In fact, Mr. Lemelin and Mr. Rowlinson, you were the third and fourth presentations we've heard from that.
So it is extremely important, as we go though full and comprehensive hearings, that we hear from people, listen to them, and understand the points of view expressed. That's our role as members of the committee.
We had a representative from the CCIC here a few days ago who spoke to the issue of the Liberal amendment. She said that the proposal lacks credibility, and the damage from a non-credible process is high.
Mr. Lemelin and Mr. Rowlinson, how would you describe the Liberal amendment? To my mind, it's basically a self-reporting mechanism by the Colombian government to itself.
We heard from DFAIT just the other day, before the Colombian government gave its presentation. They said exactly the same thing--I mean, word for word, it was basically DFAIT presenting the Colombian government's presentation.
There was a whole range of things completely excluded, such as the fact that violent forced displacements in Colombia are at record levels and they are higher than anywhere else on earth. They also excluded the scandal around the Colombian secret police.
This is information that has just come out. A journalist, who had her 10-year-old daughter threatened by the Colombian secret police, was quoted as saying, “They called saying they would leave her fingers all over my house, that they would rape her. Sometimes I received 70 threats in one day.” She was considered a threat because she was investigating the murder of a renowned Colombian journalist. She later found out that the threats came from the DAS, the Colombian secret police.
This was evidence that was presented. The DFAIT presentation did not in any way touch on the secret police scandal. We have independent electoral observers saying that fraud and coercion and widespread fear among the Colombian population are all part of the factors that impede free and fair elections in Colombia. Again, that wasn't in the DFAIT presentation at all. Yet, when the DFAIT presentation mirrors what the Colombian government says, we are supposed to accept the idea that an amendment where the Colombian government reports on itself, and the Canadian government rubber stamps it, as being somewhat significant in some way.
Do you think this process is credible in any way? I'd like a very brief answer, because I have questions on our industry proposals.
To Spirits Canada and Pulse Canada, I've been on the trade committee--I am a senior ranking member now--for six years. We've often heard presentations about how bilateral trade agreements are going to open up new markets. But the statistics are actually showing the contrary.
We signed a trade agreement and implemented it with Costa Rica. We were exporting $77-million worth of exports at that time. And now, through 2004, 2007, it's at $73 million. The Canadian exports abroad in Costa Rica, after the signing of the bilateral trade agreement, declined.
The same with Chile; 10 years of decline after implementing the trade agreement.
An hon. member: Did you look at the economy?
Mr. Peter Julian: In Israel, at the same time....
Our parliamentary secretary doesn't understand what I'm saying. I'll explain it to him later.
The figures show there is an overall decline in exports in every market we have signed a bilateral trade agreement with--a decline in constant dollar export values.
Mr. Keddy is looking at current dollars, and of course it goes up; the inflation rate erodes the purchasing value of that dollar.
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Thank you, Mr. Chairman.
Mr. Chairman, please keep an eye on my time. I promised to share my time with , so give me three minutes and then you can cut me off, not a problem.
I have a couple of very short statements, gentlemen, that need to be made. The first one is that Mr. Westcott, from the Spirits group, is talking about the Doha Round. The reality--and it needs to go on the record--is that the Doha Round has stumbled to a stop and we're not moving it. We're trying to move it. We're doing everything we possibly can in our multilateral negotiations to move it, but while it's stopped we will negotiate and continue to negotiate bilateral agreements. It only makes sense.
I certainly don't agree with anything that the NDP has said about trade going down. Every statistic I've ever read shows that trade actually goes up.
My second statement is that far be it from me to be advocate--he can do that himself--but certainly we on the government side welcome the amendment and support it. It has enabled us to get this moving, where we were stopped before.
Very quickly, to Mr. Al-Katib.... Oh, he's not here.
Okay. Well, we have Mr. Potts here.
We're trading now at a 15% deficit. We're paying 15¢ on every dollar that we make, and we're still trading with Colombia. Especially in the lentils and in the pulses, where we're supplying a healthy, nutritious, cheaper food than is available in Colombia now, how can that be bad for human rights? Just give a very quick answer; I have one more quick question.
I'd like to thank our guests for their important testimony. I'd also like to acknowledge that Mr. Keddy is quite correct that we already do $1.35 billion in two-way trade. We're really establishing a rules-based system with effective labour environment side agreements.
Mr. Rowlinson, I appreciate your acknowledgment that the labour side agreement is better--or greater and substantive, to quote you. So thank you for that, which we'll now enter into your testimony.
It's rather interesting that since President Uribe came into power in 2001--and again, let's not be lost in this--murders have been reduced by half, kidnappings by 85%, and union leader murders by 86%. These are from independent groups. And labour union numbers have increased dramatically, as has participation within unions.
I agree, in terms of what I sense from all the testimony here today, that we're all trying to do the right thing by Colombia--and, by the way, lest we forget, for Canada as well. I think that's very compelling. You can always look at the glass as being half one way or half another. I tend to be more optimistic and think that free trade agreements allow us the opportunity to have a better dialogue with our neighbours.
When I was looking at the total imports and exports of Israel, I noted that when you combine the two-way trade, it's up over the last five years. When I look at the total trade of Costa Rica and China, we're marginally up in Costa Rica. When I look at Chile, it's rather interesting that five years ago our total exports were $417 million and they're now $644 million.
That's from the Library of Parliament, if anyone wants to challenge those statistics.
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Well, let me say yes: that is to say, the labour side agreement with Colombia is essentially the same, with minor variations, as the labour side agreement that we have negotiated and ratified with Peru. So in a sense, they are virtually identical.
As I indicated in my testimony, they do represent progress over what was negotiated as a labour side agreement to NAFTA.
As to whether or not they represent the best labour rights protections in any trade agreement, that would be a matter for debate. I think there's an argument, again, in my view, that the United States has made more progress in incorporating labour rights into their trade agreement, but one could have a long argument and now is not the time for that argument.
With respect to your contention that something is better than nothing, if I can characterize it that way, I guess that depends upon whether or not the existing agreements have led to any real improvements. And I have to say--I cited the Mexico example in my earlier testimony--that the answer to that has been “not”.
I think there is every reason to be concerned that in fact the pernicious effects of this trade agreement on human rights in Colombia will outweigh any potential benefits that may accrue from the labour side agreement, given my analysis of the labour side agreement and the few, if any, likely benefits that it's likely to provide.
So that's really the balance, it seems to me, you have to look at. But I do acknowledge, as I've said, that it contains better substantial rights than those found in the NAFTA labour side agreement.
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Thank you, Mr. Chair, and thank you to our witnesses for being here today.
I just have a couple of quick questions, and then I'm going to send it down to my colleague, Mr. Carrie.
Mr. Potts, it was talked about the U.S. steel being signed. I just want to reiterate that Colombia has deals with dozens of countries right now, and even though it hasn't been ratified by the U.S., you are correct, the deal has been done and it could be ratified at any time. I think it's a wrong argument to say let's wait until it gets ratified, because that could happen at any time. We realize there are challenges in the U.S. Congress, but we know that is moving forward.
I just want to state as well that Colombia has deals with dozens of countries, and I'm not sure they're waiting just for ours, because they've been out trying to free trade, trying to create other economic abilities for their country, so they don't have to rely so much on the drugs they deal with.
Mr. Westcott, just to your point, my question is more or less in terms of where the U.S. is in terms of what their tariffs are right now going into Colombia. You guys talked about the 20%. Are they competing...? Obviously they are competing there right now. Do they have the same kinds of tariffs?