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Annual Report Pursuant to the Agreement Concerning Annual Reports on Human Rights and Free Trade between Canada and the Republic of Colombia - 2022

May 16, 2022

For the period January 1, 2021 to December 31, 2021

Executive Summary

Canada's 11th report pursuant to the Agreement concerning Annual Reports on Human Rights and Free Trade between Canada and the Republic of Colombia includes a review of actions taken by the Government of Canada in the context of the Canada-Colombia Free Trade Agreement (CCOFTA) and any potential impact of such actions on human rights in Canada and Colombia.

In accordance with the report's implementing legislation, the scope of this annual report has retained its focus on the impacts of tariff reductions undertaken under the CCOFTA in the previous year according to the Tariff Elimination Schedule of Canada. Given only one tariff line remains to be liberalised under the CCOFTA (refined sugar), the report found no human rights impacts which could be directly associated with Canada's 2021 tariff reductions. However, this report once again goes beyond these basic reporting requirements to include assessments of other issues, such as the Colombian human rights context and peace implementation process. This report also provides an overview of Canada's programming and initiatives in support of human rights related to Colombia.

Following consultations with domestic stakeholders in 2019 on the future of the Annual Report, Global Affairs Canada adopted a phased 3-year plan to progressively increase its focus on human rights, and to reduce the use of technical data related to the elimination of tariffs in order to move to a more qualitative product. This year's report is the second of three annual reports to which adjustments are being progressively made.

In preparing this year's report, the Government of Canada received feedback from 7 provinces and territories indicating that none of their human rights commissions (or equivalent bodies) had raised or received any expression of concern related to human rights and the implementation of the CCOFTA. Since the entry into force of the CCOFTA, no concerns have been registered via these mechanisms which form part of the obligations under the agreement. A public call for submissions was also issued to inform the analysis of this report. Three submissions were received.

The year 2021 was marked by the economic recovery from the COVID-19 pandemic. In 2021, Colombia experienced a recovery of about 85% of the jobs lost in 2020, as well as a GDP growth of 10.5%, the highest ever. Despite these positive economic indicators, the pandemic continued to exacerbate existing challenges such as poverty and unemployment, which led to widespread social protests by unions, students and others, notably during the April-June period of 2021. Concerns related to excessive use of force by police against protesters, as well as the impact of violence and blockades, were expressed by the international community, including Canada, over the course of this reporting period.

The promotion and protection of human rights is a key pillar of Canadian foreign policy and Government of Canada officials continue to raise human rights issues with the Government of Colombia at all levels, particularly as the country works to implement an ambitious, historic, and multifaceted peace implementation process, and responds to the effects of the COVID-19 pandemic. Canada also continues to support the work of human rights defenders in Colombia, which remains an integral part of the human rights work undertaken by the Embassy of Canada to Colombia.

2021 marked the tenth anniversary of the CCOFTA's entry into force. Despite the economic impact of the COVID-19 pandemic in 2021, Canada and Colombia bilateral merchandise trade increased to $2.3 billion in 2021, an increase of approximately 69.7% over 2010 (the year prior to the entry into force of the CCOFTA).

Ultimately, as has been the case in previous years, this year's report is unable to demonstrate that any actions taken by the Government of Canada during the course of the implementation of the CCOFTA (i.e. tariff reductions related to the CCOFTA or actions taken under the Labour Cooperation Agreement and the Environment Agreement) have had a direct impact on human rights in Canada or Colombia.

1. Introduction

Canada and Colombia signed the Agreement concerning Annual Reports on Human Rights and Free Trade between Canada and the Republic of Colombia ("the Agreement") on May 27, 2010. This unique agreement requires that Canada and Colombia each produce an annual report on the actions taken under the Free Trade Agreement between Canada and the Republic of Colombia (Canada-Colombia Free Trade Agreement, "CCOFTA") and their effects on human rights in both countries.

The Agreement entered into force on August 15, 2011, concurrently with the CCOFTA, alongside two other related agreements, the Agreement on Labour Cooperation between Canada and the Republic of Colombia ("Labour Cooperation Agreement") and the Agreement on the Environment between Canada and the Republic of Colombia ("Environment Agreement").

This report is part of a broader dialogue between Canada and Colombia on human rights. A shared commitment to human rights is an essential aspect of the multifaceted Canada-Colombia relationship, which also includes close economic ties, longstanding development cooperation, support for Colombia's peacebuilding and stabilization efforts, and cooperation on regional and multilateral issues, including addressing the impact of unprecedented levels of Venezuelan migration and the COVID-19 pandemic.

This year's report reviews the actions taken under the CCOFTA – including its side agreements on labour cooperation and the environment. The report additionally reviews Canada's contributions to protect and advance human rights in Colombia, including through our continued support to the implementation of the historic peace agreement signed in 2016 between the Government of Colombia and the Revolutionary Armed Forces of Colombia (FARC). While recognizing the general improvement in human rights indicators over the last decade in Colombia, this report highlights the various challenges and risks associated with Colombia's peace implementation, as well as the alarming increase in assassinations and threats against human rights defenders and community leaders at the hands of illegal armed groups during the period under review.

2. Reporting Requirement under the CCOFTA Implementation Act

2.1 Canada's Statutory Obligation under the Agreement

Canada's obligations under the Agreement are incorporated into Canadian domestic law under section 15.1 of the Canada-Colombia Free Trade Implementation Act ("Implementation Act"):

15.1 Pursuant to the Agreement Concerning Annual Reports on Human Rights and Free Trade Between Canada and the Republic of Colombia, the Minister shall cause to be laid before each House of Parliament by May 15 of each year or, if that House is not then sitting, on any of the 30 days next thereafter that it is sitting, a report on the operation of this Act during 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 the Republic of Colombia.

2.2 Actions under Consideration

The Implementation Act specifies that the Government of Canada is required to table a report on actions taken under the authority of this Act, including an analysis of the impact of these actions on human rights in Canada and the Republic of Colombia. As the Implementation Act includes the CCOFTA, the Environment Agreement and the Labour Cooperation Agreement, actions taken under all three agreements are considered by this report.

2.3 Scope and Limitations

As the Implementation Act governs Canadian domestic implementation of the three agreements, this report will only consider the impact of actions taken by the Government of Canada under these agreements. These include tariff reductions related to the CCOFTA as well as actions taken under the Labour Cooperation Agreement and the Environment Agreement.

While this report also includes additional features such as the Colombian human rights context, information on the implementation of the Colombian peace accord, and a summary of Canada's bilateral programming in support of human rights, it is important to note that private sector activities are not considered to be within the scope of this report.

Finally, as a follow-up to the broad consultations undertaken with a range of domestic stakeholders in 2019 – some modifications to the format, the content and methodology of the report will be phased into the current and next annual report. Human rights sections (on both context and programming) have been enhanced, whereas economic and trade statistical information has been lightened. Sections on the nexus between trade and development and on Export Development Canada's Human Rights Evaluation Methodology have been added to this year's report. Further adjustments will be phased into the next version of this Annual Report.

2.4 Time Period under Consideration

The Implementation Act commits Canada to report "on the operation of this Act during the previous calendar year" (Section 15.1 of the Implementation Act). The 2022 annual report is, therefore, required to cover the period from January 1, 2021 to December 31, 2021.  

2.5 Human Rights under Consideration

The promotion and protection of human rights are integral to Canadian foreign and domestic policies. Canada champions the values of inclusive and accountable governance by promoting human rights, women's empowerment and gender equality, peaceful pluralism, inclusion and respect for diversity.

At home and abroad, the Government of Canada is working to promote gender equality, advance the rights of women and girls and Indigenous peoples, and ensure access to justice. These commitments extend to Canada's foreign policy.

Internationally, Canada works through multilateral organizations, bilateral engagement, development and humanitarian assistance and trade policy to enhance the promotion and protection of human rights, as well as fundamental labour rights.

Canada's international engagement is based on the principle that human rights are universal, indivisible, interdependent and interrelated.

This report joins a range of actions—including advocacy and bilateral and development cooperation—through which Canada supports Colombia's ongoing efforts towards greater peace, security, prosperity and respect for human rights.

3. Colombian Human Rights Context

Prior to reviewing the potential impact of actions taken in the context of the CCOFTA on human rights, it is important to take into account the broader Colombian context, including the current political, economic, social, security and developmental situation in the country.

Colombia is geographically large and ethnically diverse with a population of 51.4 million people. As an emerging free market economy with strong democratic traditions, Colombia is one of the latest countries to join the Organization for Economic Co-operation and Development (OECD), and is a global partner of the North Atlantic Treaty Organization (NATO). Colombia has made significant strides in recent years in reducing poverty and violence through economic growth and social investment, and has also made important progress in strengthening peace, security and the rule of law. However, the COVID-19 pandemic has impacted these gains significantly.

Colombia is ranked as the thirteenth most unequal country in the world according to the World BankFootnote 1. Its rural and remote areas are often characterized by higher levels of poverty and violence, limited state presence, and illicit economies that fuel illegal armed groups and insecurity.

The implementation of the historic peace agreement signed in 2016 between the Government of Colombia and the largest guerrilla group, the Revolutionary Armed Forces of Colombia (FARC) has resulted in the demobilization and disarmament of thousands of former FARC combatants. However, many significant challenges remain, including delays in government investments, as well as tensions and violence surrounding the coca eradication process. In areas vacated by the former FARC, other armed groups have increased their presence and involvement in illegal economies, putting communities at risk. The increase in killings and threats against community and social leaders is a particular concern, occurring mostly in rural settings. The ongoing work of the United Nations Verification Mission in Colombia (UNVMC) – whose mandate was extended until October 31, 2022 – has supported the implementation of the Peace Agreement, with a focus on verifying the commitments related to the reintegration of former FARC members, as well as the guarantees of protection and security for communities in areas most affected by the conflict.

In 2021, Colombia continued to be significantly impacted by events in neighbouring Venezuela, especially in areas along the border, including the effects associated with the increased number of Venezuelans crossing into Colombia. Official figures show that, since 2017, Colombia has welcomed over 1.84 million Venezuelans and over half a million Colombian returnees. This flow of migrants and refugees has placed additional strains on the health and education systems across the country, particularly in border areas. This past year has seen increased levels of violence and conflict, notably in the Norte de Santander and Arauca regions.

In addition to the border region with Venezuela, other regions which experienced an increase in violence and forced displacements include the Pacific Coast (Nariño, Cauca, Valle del Cauca and Chocó departments), particularly impacting the port cities of Buenaventura and Tumaco. Afro-Colombian and Indigenous peoples – especially women – were disproportionately affected by the deterioration of the security situation in these regions.

3.1 Current Status of Human Rights in Colombia

Despite a general improvement in human rights indicators over the last decade, particularly due to the peace process, the last four years have seen an alarming increase in assassinations and threats against human rights defenders (HRDs) and community leaders, the vast majority in regions that were at the centre of the internal armed conflict.

In 2021, Colombia recorded a slight increase of its homicide rate (26.8 per 100,000 people) after recording the lowest rate since 1974 in 2020 (24.3 per 100,000 people). However, Colombian human rights NGO Indepaz reported an increase in the number of massacres — defined as the killing of three or more people during a single attack — which reached 96 Footnote 2 in 2021 for a total of 338 victims. Furthermore, targeted violence against human rights defenders and other community leaders remained alarmingly high, as reported by the Office of the the United Nations High Commissioner for Human Rights (UNHCHR), which verified information concerning 78 Footnote 3 killings of HRDs in 2021 (with 39 other cases still being verified). According to the Colombian Ombudsperson (La Defensoría del Pueblo), there were 145 killings of HRDs in 2021.

Although efforts have been made by Colombian authorities to continue implementing a series of early warning and protection measures for HRDs under threat, as well as making progress on the development of a policy framework at the national level, civil society actors remain concerned about a lack of resources and effective protection measures, as well as inadequate funding or prevention efforts. Moreover, civil society and international organizations lament that investigations can take months, if not years, to come to completion, and often do not end in charges.

In addition to violence against HRDs and social and community leaders, other key concerns include: a 179% increase in forced displacement (over 72,000 from January to November 2021 according to the UN Office for the Coordination of Humanitarian Affairs – OCHA); continued instances of confinement of populations, in particular Indigenous and Afro-Colombian communities (over 57,000 people were confined as of November 2021 for security reasons linked to illegal armed group operations, not due to COVID-19 pandemic lockdowns, according to the UN Refugee Agency - UNHCR); child recruitment by illegal armed groups; high-levels of sexual and gender-based violence; as well as homicides and threats against vulnerable groups (LGBTI, Indigenous and Afro-Colombian communities in particular).

The causes of such human rights violations are various. In the void left by the departure of the FARC, territories in many regions of the country are being occupied by organized criminal groups, vestiges of former paramilitary organizations, dissident FARC combatants, as well as the National Liberation Army (« ELN », in Spanish: Ejército de Liberación Nacional). By many accounts, and according to most Colombian non-governmental organizations working on human rights, including Somos Defensores, the situation in some parts of the country is returning to the levels of violence reported prior to the 2016 peace accord, with targeted threats and killings against HRDs and social leaders. An increase in reprisal killings of demobilized members of the FARC-EP has also become a cause of concern. According to Indepaz, 48 assassinations were reported in 2021, less than the 73 assassinations in 2020. 

Over the past several years, the Government of Colombia has shown a commitment to improving the human rights situation in the country, having introduced a number of precedent-setting initiatives and instruments to assist victims of the armed conflict, such as the Victims Law (1468) and the Land Restitution Law (1448) of 2011.

Judicial and informal resolution of land restitution claims has been slow to materialize due to a variety of challenges, including establishing the identity of claimants, a historically weak, informal or non-existent system of land titles, as well as insecurity typically found in areas subject to land restitution claims. Violence against land claimants has also been a cause of concern, and the Colombian Ombudsperson has published a series of alerts indicating that land restitution leaders are at imminent risk. 

With respect to the implementation of the peace accord, key developments in 2021 include the ongoing work of the Special Jurisdiction for Peace (JEP by its Spanish acronym), the Commission for the Clarification of Truth, Coexistence and Non-Repetition (CEV), and the Unit for the Search for Disappeared Persons. As called for in the Peace Agreement, these key elements are part of a broader vision for an "Integrated System of Justice, Truth, Reparations and Guarantees of Non-Repetition" (Integrated System), with the rights of victims as its guiding principle.

Special Jurisdiction for Peace (JEP)

Three and a half years after the JEP began its functions in Colombia, the first decisions have been issued in 2021 in cases of kidnapping, extrajudicial executions ("false positives") and the recruitment and use of children in the armed conflict by the FARC. In the first two cases, some of those responsible have already been charged and, in the most complex scenarios, were ultimately referred to the Investigation and Indictment Unit, the Prosecutor's Office of the JEP, so that adversarial trials can be considered.

Kidnapping: The JEP determined that there are at least 21,396 victims of kidnapping by the FARC in the country. On January 26, 2021, the court charged eight former members of the FARC secretariat with war crimes and crimes against humanity. This was the first document since the signing of the Peace Agreement in 2016, which attributed responsibilities to the high level actors of the armed conflict in Colombia.

False positives: On February 18, 2021, the JEP defined Antioquia, the regions of Norte de Santander, Huila, Casanare, Meta and the Caribbean Coast as priority areas for investigating this phenomenon. JEP investigations revealed that there may have been at least 6,402 cases of false positives in Colombia between 2002 and 2008. In July, the JEP indicted 15 members of the Army who belonged to the La Popa Artillery Battalion (Cesar). In the same month, 10 other members of the military and one civilian were also charged in relation to at least 120 cases that occurred in Catatumbo (Norte de Santander). On December 11, 21 ex-military personnel acknowledged their responsibility for these crimes.

Commission for the Clarification of Truth, Coexistence and Non-Repetition (CEV)

In 2021, the CEV's mandate was extended by nine months by the Constitutional Court, after victims and human rights organizations argued that the pandemic prevented it from collecting essential testimonies for its final report. Its mandate will run until June 27, 2022, with an additional two-month period for the public dissemination of this document. To date, the Truth Commission has collected 1,749 testimonies in Colombia and abroad and has received 962 reports.

National Strike (Paro Nacional)

2021 was characterized by numerous mass demonstrations in Colombia's major cities, the majority of which were peaceful, but which at times included acts of vandalism, blockades and excessive use of force by police. From April to July, tens of thousands of protesters took part in daily demonstrations Footnote 4 in several cities across the country, which were initially prompted by a tax reform. Although the President withdrew the measure, protests continued over rising inequality. Several involved confrontations between demonstrators and law enforcement, the most intense of which took place in Cali. According to the Report of the United Nations High Commissioner for Human Rights on the situation of human rights in Colombia, 29 people died in 2021 due to unnecessary or disproportionate use of force by the police in the context of social protests, most of them by firearms. Hundreds of protesters were injured, many seriously, and the Office of the Ombudsman (Defensoría del Pueblo) documented five cases of rape and more than 100 cases of gender-based violence, including against the LGBTI community. There were also several cases of arbitrary arrests. Some demonstrators also used force against law enforcement officials – killing two - and vandalized police stations and public infrastructure. Others set up roadblocks as a means of pressure, often to the detriment of local citizens who were deprived of essential goods such as food or services like ambulances.

The government of Colombia acknowledged cases of excessive use of force by security forces and opened 231 cases of alleged human rights violations, of which 111 remain in force and 120 were closed. As of December 2021, six officers were sanctioned, two of them dismissed, and seven were provisionally suspended. The government also held a National Dialogue during which they met with state institutions, opposition political parties, local authorities, youth, health care workers and the National Strike Committee to discuss solutions. To appease students, President Duque announced that the Government of Colombia would guarantee one semester of free education to low-income students at public universities. Congress also approved the President's reforms of the National Police, including its disciplinary statute, guidelines on use of force, and structural changes enhancing citizen participation and human rights protection.

3.2 Impact of the COVID-19 Pandemic on the Human Rights Situation

The COVID-19 crisis has exacerbated pre-existing challenges related to the protection of human rights in Colombia. Despite an impressive economic recovery at the national level, the Director General of the National Administrative Department of Statistics (DANE) declared in November that the pandemic led to 3.6 million individuals falling into poverty. It is important to note that the most vulnerable groups, such as women and itinerant workers, as well as indigenous and Afro-Colombian communities, have been more economically affected by the pandemic containment measures. Recruitment and use of children by illegal armed groups was also exacerbated by the pandemic, which made it more complicated to monitor the situation in rural and conflict-affected areas.

4. The Canada-Colombia Trade Relationship

The Canada-Colombia trade relationship has strengthened under CCOFTA, which entered into force on August 15, 2011.

In 2021, total bilateral merchandise trade between the two countries was $2.3 billion Footnote 5. This is an increase of 40.7% compared to the $1.6 billion in 2020, and of 30.6% compared to the $1.8 billion in 2019 prior to the pandemic. Bilateral merchandise trade has increased by approximately 69.7% overall since 2010, the year prior to the entry into force of CCOFTA (See Figure 4).

Canada's imports from Colombia peaked to $1.3 billion in 2021, which is 53.4% larger than its level of $848.7 million in 2020. Canada's top import products in 2021 were petroleum and coal products, coffee, cut flowers and bulbs, fruits and nuts, and articles of iron or steel. Petroleum and coal products accounted for nearly 40% of total imports from Colombia, coffee represented 27.5% of imports, and cut flowers and bulbs made up 8.5% of imports.

The considerable increase of Canada's imports from Colombia was led by a surge in imports of coal and petroleum products. These imports were valued at $516.3 million in 2021, which is more than double their level of $226 million in 2020. Articles of iron of steel also saw a major increase, rising by 183.8% in 2021 relative to 2020.

Canada's exports to Colombia increased by 27.1% – from $790.6 million in 2020 to $1.0 billion in 2021. Canadian exports to Colombia covered a broad range of products including cereals (wheat), vegetables, fertilizers, and nuclear reactors, boilers, machinery and mechanical appliances.

Colombia's recent accession to the OECD – a testament of its economic potential – allows for more frequent and higher level exchange and cooperation opportunities, and also contributes to ensuring high standards in terms of governance and economic management.

Figure 4: Bilateral Trade between Canada and Colombia 2010-2021, Can$ million

Figure 4: Bilateral Trade between Canada and Colombia 2010-2021, Can$ million
Text version - Figure 4: Bilateral Trade between Canada and Colombia 2010-2021, Can$ million

Evolution of bilateral trade between Canada and Colombia from 2010 to 2021. This shows a very balanced trade balance over the 11 years and a steady increase in the total value of trade until 2018, before declining slightly in 2019 and 2020, and increasing considerably in 2021.

Data: Statistics Canada

Source: Office of the Chief Economist, Global Affairs Canada. Footnote 6

5. Actions Taken by Canada under the CCOFTA Implementation Act in 2021

The CCOFTA is consistent with Canada's aims to enhance its economic interests in Colombia and to deepen its engagement with Latin American countries. It provides greater stability and predictability for Canadian businesses. The CCOFTA also reduces trade barriers to improve Canada and Colombia's bilateral economic relationship and overall competitiveness by allowing both countries to increase their export potential and access new markets. Finally, the services and services-related provisions of the CCOFTA support exporters by providing greater certainty and predictability through commitments such as enhanced rules on transparency. 

5.1 Overview of Actions Taken under the Canada-Colombia Free Trade Agreement Implementation Act

A summary of actions taken under the Canada Colombia Free Trade Agreement Implementation Act between January 1 and December 31, 2021 are provided in Annex 2.

5.2 Tariff Elimination Schedule

Canada has completed the elimination of tariffs as per its commitments under the CCOFTA with the singular exception of a tariff line for refined sugar which is subject to a 17-year linear tariff phase-out. As of January 1, 2022, Canada reduced the tariff on refined sugar from $8.23/ton to $6.17/ton (compared to the MFN tariff which is $30.86/ton). This tariff line will continue to be reduced annually until it is fully eliminated on January 1, 2025. Given that the tariff reductions to be implemented on an annual basis from now until 2025 are minimal, the impact of these further tariff reductions on Canada's bilateral trade with Colombia can also be expected to be minimal. To date, it has not been possible to draw a link between tariff reductions made by Canada under CCOFTA and human rights abuses in Colombia.

6. Trade Gains under the CCOFTA

Overall, the CCOFTA has had a positive effect on Canada-Colombia bilateral trade. Canada and Colombia bilateral merchandise trade increased to $2.3 billion in 2021, an increase of approximately 69.7% over 2010 (the year prior to the entry into force of the CCOFTA).

6.1 Canadian Exports to Colombia

Canada has experienced solid growth in its merchandise exports to Colombia since the CCOFTA entered into force in 2011. In 2021, Canadian merchandise exports to Colombia were valued at $1.0 billion, up by 56.4% from $642.3 million in 2010. 

6.2 Canadian Imports from Colombia

In 2021, Canadian merchandise imports from Colombia were valued at $1.3 billion, up by 81.5% from $717.3 million in 2010, making Colombia Canada's fourth largest import source in South America.

6.3 Overall Impact of CCOFTA on Trade Flows

The comparison of trade flows between the pre- and post-CCOFTA periods shows that the Canada-Colombia bilateral trade relationship has benefited from the agreement. While imports have fluctuated over the years, the average impact has been positive.

7. Actions Taken by Canada under the Agreements on Labour Cooperation and Environment, in Association with CCOFTA

In order to support Colombia with its efforts to strengthen the protection and promotion of human rights, Canada leverages various aspects of its bilateral engagement and programming tools, including those found within the provisions of the two CCOFTA-related agreements on Labour Cooperation and Environment, as well as through special programming directly related to its free trade relationship with Colombia.

7.1 The Labour Cooperation Agreement

The Canada-Colombia Agreement on Labour Cooperation commits the parties to ensuring that their laws not only respect the International Labour Organization's (ILO) Declaration on Fundamental Principles and Rights at Work (1998), but also provides acceptable protections for occupational health and safety, hours of work, wages and migrant workers. The CCOFTA itself also includes a principles-based labour chapter.

Specifically, the Labour Cooperation Agreement commits both countries to:

The Labour Cooperation Agreement contains institutional mechanisms to ensure its effective implementation. These include a dispute resolution process to ensure compliance with the possibility of up to $15 million in fines for non-compliance in any one year. All monetary assessments would be paid into a cooperation fund to be expended in the territory of the party complained-against in order to address labour issues. The Labour Cooperation Agreement also provides for a Ministerial Council, comprised of Labour Ministers from both Canada and Colombia, that is required to meet within the first year after its entry into force and thereafter, as necessary, in order to oversee its implementation.

Actions Taken under the Labour Cooperation Agreement

Projects

The provisions of the Labour Agreement are complemented by concrete actions to address the labour situation in Colombia, notably through labour-related information sharing and technical assistance (TA). Since the coming into force of the Labour Cooperation Agreement, the Government of Canada, through the Labour Program of Employment and Social Development Canada (ESDC), has focused on capacity building, project monitoring missions, and other opportunities to foster relationships and encourage effective implementation. To date, the Labour Program of ESDC has funded labour-related TA projects in Colombia totaling approximately $2,280,000.

Bilateral Dialogue

Since the entry into force of the Labour Agreement, the Canadian and Colombian Ministries of Labour have maintained close relations and ongoing discussions, both at the working and ministerial levels, to advance the bilateral dialogue on implementation of the Labour Agreement and issues of common interest, including monitoring and implementing the Action Plan signed in 2018.

Public Communications

The Labour Agreement also allows for complaints – technically known as "Public Communications" – to be raised by citizens, enterprises or organizations, when they believe certain obligations of the Agreement have not been met.

In 2021, the Government of Canada continued working with Colombian counterparts on the implementation of the Action Plan, including pursuing discussions on some key and concrete recommendations put forward by Canada as part of the Action Plan. In addition, the implementation of technical assistance projects to help Colombian authorities fulfill their commitments under the Action Plan continued in 2021. However, given the pandemic context, the implementation period of these projects was extended to allow for the full implementation of the activities in 2021.

Moving Forward

While Labour Program officials will continue to work actively with their Colombian counterparts on the implementation of the Action Plan to guarantee the protection of fundamental labour rights, it is expected that the two countries will meet in 2022 to take stock of progress to date and set out the path going forward.

7.2 The Environment Agreement

The Environment Agreement, signed in parallel to CCOFTA, reinforces the concept that free trade should not take place at the expense of the environment. The CCOFTA itself also includes an environment chapter and environment provisions. The Canada-Colombia Environment Agreement commits both countries to encouraging high levels of domestic environmental protection, to fostering good environmental governance, to continuing to develop and improve their environmental laws and policies, and to promoting transparency and public participation. It requires each country to:

The Environment Agreement commits both countries to make every attempt, through consultations, exchange of information, and an emphasis on cooperation, to address any matter concerning the environment which may arise between them. If the countries fail to resolve the matter, either of them may seek consultations at the ministerial level.

Actions Taken under the Environment Agreement

Bilateral Dialogue

The Canada-Colombia Environment Agreement provides a framework within which to address key environmental issues of mutual interest to Canada and Colombia via the creation of a Committee on the Environment. The Committee on the Environment, composed of senior officials from Environment and Climate Change Canada and Colombia's Ministry of Environment and Sustainable Development, meets on an as-needed basis. The last meeting of the Committee on the Environment took place on May 16, 2018, in Gatineau (QC), Canada. At this meeting, Canadian and Colombian officials reviewed the bilateral and regional initiatives that were carried out within the framework of the Environment Agreement, undertook a policy dialogue on environmental priorities, and jointly began work on setting priorities for future cooperative activities. During the discussions, the following areas for cooperation were prioritized: 1) chemicals management; 2) conserving biodiversity; 3) mitigating environmental impacts of mining; and 4) management and reduction of forest fires. It is Colombia's turn to host the next meeting of the Committee on the Environment.

Projects

With the goal of promoting high levels of environmental protection, the Canada-Colombia Environment Agreement also provides a framework within which to undertake environmental cooperation activities aimed at supporting the Environment Agreement's objectives and obligations, typically through technical exchanges and information sharing.

Since the entry into force of the Environment Agreement in 2011, Canada has funded six environmental projects in Colombia amounting to over $2.5 million. During this period, Canadian funding for Latin American regional programming, which also benefitted Colombia, exceeded $9 million. (See Annex 4 for recent project details)

Projects funded through Climate Finance

In 2021, Canada announced the doubling of its climate finance commitment to $5.3 billion over the next five years to help developing countries transition to sustainable, low-carbon, climate-resilient, nature-positive and inclusive development, focusing on mitigation and adaptation support to the poorest and most vulnerable populations impacted by climate change. This commitment builds on Canada's previous $2.65 billion climate finance support which was delivered through a number of multilateral and bilateral initiatives.

In addition, Canada supports Colombia through a number of multilateral organizations, including through its $600 million contribution to the Green Climate Fund (GCF) and the $223.5 million contribution to the second phase of the Canadian Climate Fund for the Private Sector in the Americas (C2F). For example, the GCF is investing US$38.5 million (with a total project value of US$117.2 million) in support of scaling up climate resilient water management practice in La Mojana, one of the poorest and most climate vulnerable regions in Colombia.

Moreover, Environment and Climate Change Canada announced in 2017 an investment of $1.6 million to help the Pacific Alliance countries develop stronger measurement, reporting and verification (MRV) capacity to address climate change, attract investment-supporting climate actions and support the UNFCCC Paris Agreement goals. Additional funding of $1.9 million was announced in 2019 to support South-South cooperation on MRV (within and between the Pacific Alliance and West Africa). These projects support the Pacific Alliance in its efforts towards becoming a more competitive and inclusive region and deepen our mutual commitment to inclusive trade. (See Annex 3 for project details).

8. Public Consultations

In accordance with the tenets of open and accountable government, the Government of Canada has continued to consult broadly in the preparation of this report.

8.1 Public Call for Submissions

On February 15, 2022, the Government of Canada issued a public call for submissions to inform the analysis of the report (see Annex 5). The public call for submissions was posted online on the Global Affairs Canada website for a period of 4 weeks. Three written submissions were received in response to the public call for submissions.

A first submission highlighted concerns regarding the existence of paramilitary forces in Colombia; forced displacement; the repression by the National Police during the 2021 National Strike; and death threats against human rights defenders. The second submission emphasized concerns related to death threats against human rights defenders, the increase in violence, and forced displacement in Buenaventura. A third submission shared concerns regarding the violation of human rights by the National Police during the 2021 National Strike, as well as a need for reform of use of force police procedures during protests.

The information shared has been taken into consideration in the elaboration of the relevant sections of this report. Global Affairs Canada, through its Embassy in Colombia, will also take this input into consideration during its ongoing human rights-related engagement over the coming months.

8.2 Consultations with Provinces and Territories

The Government of Canada consulted with provincial and territorial governments with regard to whether any of their respective human rights commissions (or equivalent bodies) had raised or received any comments, questions or expressions of concern, regarding effects on human rights in Canada related to Canada's tariff reductions under the CCOFTA during the period January 1, 2021 – December 31, 2021. The Government of Canada received feedback from a total of 7 provinces and territories indicating that none of their human rights commissions (or equivalent bodies) had raised or received any such comment or expression of concern. Since the entry into force of CCOFTA on August 15, 2011, no concerns have ever been registered via these mechanisms.

9. Government of Canada Programming, Advocacy, and Capacity Building Activities for the Promotion and Protection of Human Rights in Colombia

The Government of Canada maintains a whole-of-government approach to its bilateral relations with Colombia through its political, consular, commercial, development, and peace and security programming. Canada leverages various aspects of its bilateral engagement and programming tools in Colombia in order to support Colombia's efforts to address human rights challenges.

9.1 Canadian Advocacy and Engagement on Human Rights in Colombia

Canada plays a leading role within the international community in Colombia regarding the promotion and protection of human rights. In addition to significant programming aimed directly at improving human rights conditions in Colombia, the Government of Canada holds regular human rights consultations with the Government of Colombia as part of its broader bilateral consultations. Canada also regularly engages with Colombian civil society organizations, human rights defenders, unions, journalists, women's organizations, international humanitarian agencies, UN agencies, and government bodies. During 2021, Canada raised concerns with the Government of Colombia at various levels regarding allegations of abuses committed by public security forces during the National Strike, the situation related to marginalized and vulnerable populations, as well as specific cases of imminent threat against members of civil society organizations, so that corrective actions could be taken.

On May 9 2021, Canada's former Minister of Foreign Affairs, the Honourable Marc Garneau, issued a statement condemning the excessive violence, including the disproportionate use of force by Colombian security forces, vandalism, blockades and attacks against public officials during the National Strike. The statement also called for the cessation of violence, while recognizing the right of peaceful assembly and association as the bedrock of democracy. Minister Garneau also welcomed the decision by the Government of Colombia to fully investigate and hold accountable those who may have been guilty of violating human rights during these protests.

Since 2015, alongside the Embassy of the Netherlands to Colombia, Canada has chaired the Human Rights Group of the Donors' Group (Grupo de Cooperantes, or GRUC) in Colombia, which consists of foreign embassies and multilateral organizations that provide international assistance to Colombia. The Group meets on a regular basis to discuss collective action on human rights issues, and engages in dialogue with Colombian civil society, government officials, as well as international human rights observers. In 2021, the Sub-Committee continued focussing its efforts on issues such as the protection of human rights during the COVID-19 pandemic, transitional justice and human rights, protection of social leaders and human rights defenders, and coordination with international human rights NGOs and key government actors, such as the Presidential Counsellor for Human Rights.

Canada is also actively advocating for the promotion and protection of women's rights and gender equality in Colombia. Global Affairs Canada is currently supporting social leaders, in particular women's rights organizations, in more than 30 countries around the world, including Colombia. Canada is currently implementing a CAD $5.5 million Women's Voice and Leadership project, which is providing financial and technical support to 16 rural, Indigenous and Afro-Colombian women's rights organizations and networks for 5 years.

Canada also contributes directly to the protection of human rights and social leaders through the following programming channels: the Canada Fund for Local Initiatives (CFLI) and the Peace and Stabilization Operations Program (PSOPs) (with contributions directed to the UN Multi-Partner Trust Fund, Humanity & Inclusion, as well as Colombia-related programs of the United Nations Commission on Human Rights). For example, one of our CFLI projects, in partnership with Fellowship of Reconciliation Peace Presence (FORPP) and Comunidades Construyendo Paz en Colombia (CONPAZCOL), aimed to strengthen, through regional workshops and forums, the capacities of 80 social leaders involved in the defense of land and life in four departments of Colombia in the areas of human rights, security, self-protection and advocacy. Another CFLI project, in partnership with Coorporación Centro de Apoyo Popular (CENTRAP), aimed to strengthen the capacities of rural, urban, indigenous and Afro-Colombian women's organizations (100 beneficiaries) in 12 Colombian municipalities to promote inclusive governance and the protection of their rights. Through training activities, their leadership was strengthened so that they could communicate their proposals to the wider public and government institutions.

Voices at Risk: Canada's Guidelines on Supporting Human Rights Defenders

Supporting human rights defenders is an integral part of the human rights work undertaken by the Embassy of Canada to Colombia. Embassy representatives meet regularly with human rights officials, such as the Representative of the Colombian Office of the High Commissioner for Human Rights (OHCHR), the Human Rights Ombudsperson (Defensor del Pueblo), and the Inspector General (Procurador General), in addition to numerous civil society organizations. Officials from Global Affairs Canada also hold meetings in Canada with Colombian and Canadian civil society organizations to discuss their ongoing concerns surrounding human rights and peace implementation, especially threats and killings of social leaders and HRDs. These meetings provide Canadian officials with the opportunity to hear first-hand about the various significant challenges facing communities in Colombia, especially in remote and rural areas.

As a result of the COVID-19 pandemic, fewer field visits could be carried out by officials from the Embassy of Canada to Colombia in 2021 in comparison with previous years. That being said, Canadian officials met regularly – often virtually – with threatened individuals and various groups in Colombia. In February 2021, the Canadian Ambassador travelled to Arauca, where he met with representatives of the trans community, and he also participated in a radio program in Putumayo as a part of a CFLI project aiming at building the capacities of over 200 women social leaders.

In March 2021, then Minister of International Development, the Honourable Karina Gould, conducted a virtual visit to Colombia, during which she met with women social leaders and youth to discuss the peace process, human rights, and violence against social leaders. During the same month, Minister Gould met with Canadian civil society organizations to discuss the human rights situation in Colombia, including the peace agreement and the situation of human rights defenders in Colombia. In April, Minister Gould met with a group of representatives of the Colombian diaspora in Canada to discuss a variety of topics, including her March virtual visit to Colombia, as well as education, culture, and human rights. In August, embassy officials met with victims of police violence from Cali to listen to their testimonies.

In November, the Canadian Ambassador travelled to La Guajira and met with the Venezuelan migrant and refugee populations, as well as indigenous communities, and learned first-hand about the challenges they are facing. In December, the Political Counsellor visited Buenaventura to meet with human rights leaders, political leaders and Afro and Indigenous communities facing violence and displacement. That same month, the Canadian Ambassador travelled to Tumaco, where she met with Indigenous and Afro-Colombian social leaders and youth, along with the Organization of American States' Mission to Support the Peace Process in Colombia (MAPP-OAS) and UN representatives.

These visits (including those conducted virtually) enable officials to meet with local government and security authorities, civil society organizations, rural communities, including women, Indigenous and Afro-Colombians, regional human rights ombudspersons, and members of international non‑governmental organizations that are active in the field. Through such visits and outreach, the Government of Canada was able to gain direct knowledge of the complicated situation in these regions, monitor the progress of investigations, and bring greater awareness and transparency to such situations. This outreach is often conducted in partnership with representatives of the United Nations, the MAPP-OAS, the International Committee of the Red Cross, and other agencies and foreign embassies.

In the spirit of constructive cooperation, Government of Canada officials will continue to raise human rights issues with the Government of Colombia at all levels, particularly as the country works to implement an ambitious, historic, and multifaceted post-agreement peacebuilding implementation plan. Canada will also continue to play a leading role within the international community in order to monitor the human rights situation in the post-peace agreement context, particularly in remote areas where Canadian companies are located, as well as in regions that are impacted by increased migration from Venezuela.

9.2 Canada's Support toward the implementation of the 2016 Peace Agreement

In 2021, Canada continued delivering upon its 2016 commitment of over $78 million in funding for peacebuilding efforts in Colombia through initiatives that provide concrete and direct support to the peace agreement. This includes:

During 2021, Canada took careful note of the various concerns that were expressed by the international community and Colombian civil society with respect to the National Strike, delays in the implementation of promised peace programs, review of key provisions of the peace agreement (in particular transitional justice) and the increased killings of community and social leaders in rural Colombia. In bringing attention to these issues and seeking avenues of cooperation with the Government of Colombia and others, Canada continues to support constructive ways forward on the implementation of the peace agreement.

In recent years, Canada has taken steps to recognize the role of social leaders and organizations in supporting peace building efforts through the Global Pluralism Award, the regional Human Rights Leaders Award, and the CaMina Award, awarded jointly by the Embassies of Belgium and Canada.

9.3 Canada's International Assistance to Colombia

Canada and Colombia share over 40 years of collaborative engagement on development cooperation. According to the OECD's Development Assistance Committee (OECD-DAC), Canada is Colombia's fifth-largest donor of international assistance after the United States, Germany, the European Union and Norway. Canada's international assistance profile in Colombia averages $40 to $50 million annually and stems from various programs.

Since 2011, Canada's total official international assistance to Colombia amounts to over $512.5 million, delivered via a diverse range of civil society, multilateral, private sector and government partners. This includes bilateral assistance, such as peace and security initiatives, humanitarian assistance and institutional support to multilateral organizations, as well as official development assistance via other channels, such as the International Development Research Centre, international financial institutions, provinces and municipalities and other government departments. Through its investments, Canada supports Colombia's ambitious and transformational peace and development agenda, including through a focus on peacebuilding, inclusive economic growth, human rights, women's empowerment, rural education and innovation.

Decades of violence have deeply impacted Colombia, resulting in inequality, poverty and insecurity being concentrated in particular regions. Canada's international assistance focuses on supporting the conditions for lasting peace and inclusive development, especially in rural and conflict-affected areas, and harnessing innovation for long term sustainable development. In keeping with Canada's Feminist International Assistance Policy, Canada works in partnership with Colombia to ensure that gender equality and the empowerment of women and girls is central to the transition away from conflict and towards middle-income prosperity.

Human rights promotion and protection

Under Canada's Feminist International Assistance Policy, Canadian international assistance has a strong focus on helping protect and promote the human rights of all vulnerable and marginalized groups and increase their participation in equal decision making. Canada has traditionally supported the protection needs of internally displaced persons and children, particularly in terms of preventing recruitment into armed conflict. Through the CFLI, Canada also supports local development assistance initiatives in Colombia aimed at promoting human rights (particularly those of women, Indigenous peoples and LGBTI groups), governance and democracy.

Select examples of international assistance programming linked to human rights promotion in Colombia can be found in Annex 6.

Supporting Conditions for Lasting Peace

Working together, Canada and Colombia are collaborating to reach the most vulnerable women, girls and families in Colombia's conflict-affected regions. This includes efforts to provide higher quality and more accessible rural education, as well as sexual and reproductive health and rights, in order to break the cycle of poverty and gender-based violence and tackle some of the barriers which prevent women and girls from reaching their full potential. Canada also supports efforts to respond to emergency needs through the provision of gender-responsive humanitarian assistance, particularly along Colombia's Pacific coast and in border regions. Canada is also strengthening the capacity of local women's organizations through the Women's Voice and Leadership project in Colombia.

Canada is working to leverage private sector relationships and civil society expertise to bring economic opportunities to rural, conflict-affected areas, targeting in particular women and underemployed youth. These efforts are employing proven models for agricultural cooperatives and rural financing and are focussed in conflict-affected areas. Since last year Canada has been implementing an innovative results-based payments project with cacao producers in conflict-affected areas that provides licit economic opportunities for rural producers in a growing economic niche.

Through the implementation of Canada's National Action Plan on Women, Peace and Security, Canada is supporting stabilization and longer-term peacebuilding efforts, including transitional justice, human rights and security sector transformation.

Canada recognizes the impact of the Venezuelan migration crisis on Colombia and the additional strains it has put on health and education systems across the country, particularly in border areas. For this reason, a significant portion of the $53 million announced by Canada in 2019 towards integrated stabilization, humanitarian and development support to those affected by the Venezuela crisis, has been directed to Colombia. This includes investments in migrant education as a follow up to Canada's G7 Charlevoix commitments. In June 2021, Canada hosted a Donors' Conference in Solidarity with Venezuelan Refugees and Migrants, which resulted in a contribution pledge of US$2.37 billion (US$ 957 million in grants and US$ 1.4 billion in loans), of which Canada pledged $115 million. Canada's support includes initiatives aimed at improving access to education for girl migrants; protecting unaccompanied migrant and refugee children; addressing sexual and gender-based violence and promoting sexual and reproductive health and rights for this population, as well as providing concessional financing and economic integration measures to facilitate access to jobs and basic social services for migrants and refugees.

Canada sponsored Colombia's eligibility to access the Global Concessional Financing Facility (GCFF), which provides development support to middle-income countries impacted by refugee crises across the world. Canada also contributed over $21 million to the GCFF with the objective of supporting Colombian communities that welcome migrants, and $1 million to strengthen the state's capacity to address the impact of the migration crisis. It is also providing support to protect migrant children on the move in Colombia, Ecuador and Peru, strengthening sexual and reproductive health rights and services for migrants in Colombia and Ecuador, and improving labour inclusion by providing market-driven training for migrants, women and at-risk youth and helping to connect them with employers to secure jobs.

COVID-19

Canada has taken swift action to assist Colombia in its response to the COVID-19 pandemic. Canada is supporting Colombia's efforts to deliver education virtually, to facilitate access to credit resources for small producers, and to offer technical assistance to help monitor the resources allocated for Colombia's COVID-19 response. In December 2021, Canada contributed 816,000 doses of AstraZeneca vaccines that targeted vulnerable communities and migrants, responding to Colombia's plan to ensure overall vaccination of its population. As part of Canada's effort to support effective and equitable access to COVID-19 vaccines, therapeutics and diagnostics in Latin America and the Caribbean, the Inter-American Program of Global Affairs Canada has established a $50 million project in partnership with the Pan American Health Organization (PAHO). This project is currently underway and specifically addresses the needs of populations in situations of vulnerability, with a focus on Venezuelan migrants residing in Colombia and five other countries (Peru, Brazil, Ecuador Guyana, and Trinidad and Tobago). Through this project, PAHO is providing vaccine procurement and deliveries, comprehensive technical assistance, cold-chain equipment and comprehensive health communication to Colombia and participating countries in delivering safe and quality vaccine to Venezuelan migrants, and ensuring that they can have an equitable access and use of COVID-19 vaccines.

Harnessing Innovation for Sustainable Development

With a focus on harnessing innovation for long-term sustainable development, Canada seeks to achieve more impact with less ODA by securing co-financing, and designing initiatives to create affordable solutions for the Colombian Government and private sector.

Colombia's ambitious stabilization and rural reform agenda requires improved access to financing – including through partnerships that reach beyond the donor community, particularly with the private sector. Canada and Colombia are working together to implement this ambitious agenda, including by strengthening Colombia's social impact investing system to catalyze and incentivize high impact investments in vulnerable communities in rural Colombia. In doing so, Canada is ensuring that human rights issues are at the centre of financing decisions for development outcomes.

9.4 Responsible Business Conduct: Canada's Support and International Collaboration with Colombia

a) Canada's Support in Colombia

Canada's approach to responsible business conduct (RBC) abroad sets clear expectations for Canadian companies to respect human rights, operate within all applicable laws and international standards, and work transparently and in consultation with host governments and local communities. Canada takes a balanced approach to RBC, which includes preventative measures, legislation in select areas, and access to remedy in the form of non-judicial dispute resolution mechanisms. Additionally, the Government of Canada endorses and promotes international RBC standards and guidelines, including the OECD Guidelines for Multinational Enterprises, the UN Guiding Principles on Business and Human Rights, and the Voluntary Principles on Security and Human Rights.

The Embassy of Canada to Colombia provides a high level of RBC-related service to the Canadian business community in Colombia, building networks with key stakeholders, engaging communities, and reinforcing Canadian leadership, excellence and best practices, especially in the extractive sector. This is achieved through regular meetings with Canadian companies, sharing of key documents and information produced by the Government of Canada and by third party organizations, and through specific initiatives such as workshops and forums for open dialogue. Some of the related initiatives implemented or supported by the Embassy during 2021 included:

b) Dispute Resolution

The Government of Canada provides two dispute resolution mechanisms:

c) Canada's International Collaboration with Colombia

Internationally, Canada is engaged in a range of multi-stakeholder initiatives to promote international standards, guidelines, and best practices with the objective of improving governance in resource-rich developing countries. Canada's approach aims to ensure women, girls, and traditionally marginalized groups are able to engage in decision-making on natural resources governance and overcome discrimination in the administration and distribution of benefits from natural resource development.

Canada and Colombia actively collaborate on RBC through the following forums and mechanisms:

Organisation for Economic Co-operation and Development (OECD)

OECD Guidelines on Multinational Enterprises are recommendations which provide voluntary principles and standards for responsible business conduct in a variety of areas including employment and industrial relations, human rights, environment, information disclosure, competition, taxation, and science and technology. Adhering governments have an obligation to set up and maintain a National Contact Point (NCP). NCPs are the only governmental, non-judicial grievance mechanism providing access to remedy to stakeholders wishing to raise issues related to operations of companies operating in, or from adhering countries.

The Voluntary Principles on Security and Human Rights Initiative (VPI) is a multi-stakeholder initiative that oversees the Voluntary Principles on Security and Human Rights (VPs). The VPI contains a set of principles designed to help governments, NGOs and companies in the businesses of extracting, harvesting, or developing natural resources or energy to anticipate and mitigate human rights risks related to the deployment of public and private security. The Government of Colombia, like Canada, has been a member of the VPI since 2009. In March 2021, Canada took over as chair of the VPI.  Some of the key priorities for Canada's chairing of the VPI include developing guidance to improve VP members' engagement with human rights defenders, finalizing a VP 101 tool to make it easier for smaller organizations to understand and implement the VPs and promoting VP implementation in countries through support for in-country working groups. Canada is currently funding a gender-based analysis of the initiative to identify gaps and opportunities for gender-sensitive implementation of the VPs in the field. The work aims to address gendered violence around natural resource sites by responding to the recommendations of the gender-based analysis, promoting women's participation in in-country working groups, and creating a toolkit for companies to carry out VPI implementation that is sensitive to the specific risks faced by different genders and vulnerable groups.

The Extractive Industries Transparency Initiative (EITI) is a multi-stakeholder initiative to support improved governance in resource-rich countries through the verification and full publication of company payments and government revenues from oil, gas, and mining. Canada strongly supports the EITI and its aim of strengthening governance by improving transparency and accountability in the extractive sector.

Colombia joined the EITI in 2014 and the latest EITI report was published in December 2020. This report included sex-disaggregated data on employment in the sector. Colombia's participation in the EITI reflects its commitment to improve transparency and to facilitate dialogue amongst the private sector, civil society and the government. Colombia has offered training on how citizens can participate in accountability processes in the extractive industry, and has provided a guide on environmental payments and regulations.

9.5 Promotion of Inclusive Trade

Through the Trade Commissioner Service (TCS), Canada is advancing an inclusive trade and investment agenda that specifically aims to promote responsible business practices by Canadian companies operating in the region. In 2021, this was accomplished through active promotion of Canada's responsible business conduct (RBC) policy, the Voluntary Principles on Security and Human Rights, and the Extractive Industry Transparency Initiative, among others. Through its work, the TCS contributed to Canada's Feminist Foreign Policy and Feminist International Assistance Policy. Particular attention was paid to gender, LGBTI and Indigenous issues.

9.6 Canada's overall approach to Trade and Development

Canada's approach to the trade and development nexus stems from the belief that sustainable economic growth is the leading factor that drives poverty reduction. Inclusive Trade and Development are mutually reinforcing and, when pursued together, can strengthen global prosperity, resilience and stability, and contribute to advancing the 2030 Sustainable Development Goals (SDGs). 

An integrated approach is needed to rebuild and sustain development gains of the last decade, reinforce resilience to future shocks and position countries to meet the challenges of climate change and the digital economy, as well as incentivize economies that support equality and inclusion. Canada's Feminist Foreign Policy offers a valuable overarching rubric, as it seeks to address systemic barriers that prevent all people from enjoying the same human rights and having the same opportunities to succeed. Complementary objectives are outlined in its Inclusive Trade Agenda, Trade Diversification Strategy, and Feminist International Assistance Policy, notably the Action Areas on Growth that Works for Everyone (GROWE). Canada advances inclusive growth by supporting efforts that reduce barriers to women's economic empowerment, build more inclusive and sustainable economies, and strengthen economic resilience.

Canada supports developing countries' capacities to reap the full benefits from trade in several ways, including by promoting an enabling environment, good governance, rule of law, and government capacity to provide public services and productive capacities. This is done through trade policy support, trade-related infrastructure support, and productive capacity building that strengthens small business value chains. Some of the projects Canada supports or is financing in Colombia that include a trade and development nexus are:

The Expert Deployment Mechanism for Trade and Development (EDM) project deploys Canadian and international technical experts to assist Colombia and other developing countries negotiate, implement, adapt to and benefit from bilateral or regional Free Trade Agreements (FTAs) and Foreign Investment Promotion and Protection Agreements (FIPAs) with Canada. Normally Canadian and international experts would design training workshops, study tours and similar activities for representatives of the Colombian government, private sector, civil society and community groups to enhance their awareness of international trade rules and regulations including human rights issues, such as the participation of women, small farmers and marginalized groups in trade policy discussions and equal access to the benefits of trade with Canada and more broadly.

Women in Trade for Inclusive and Sustainable Growth (WIT) is a 5-year, $14.6 million project, facilitated by the Trade Facilitation Office (TFO Canada), with a contribution of $11.7 million from Global Affairs Canada. WIT seeks to contribute to inclusive growth by increasing the number of women from developing countries involved in international trade as exporters and by increasing the share of exports generated by women-led Small and Medium Enterprises. Working in partnership with Trade Support Institutions in 24 developing and Least Developed Countries in Africa, Asia, Middle East, Latin America and the Caribbean, the project addresses the main constraints faced by women exporters such their lack of market knowledge, skills, resources and networks to access global trade as well as their low involvement as members and leaders of trade support institutions.

Colombia was selected as one of four countries from the region participating in the project, along with Guatemala, Honduras, and Peru. In 2021, TFO Canada signed a Memorandum of Understanding with local partner Pro Colombia, the government entity that promotes international tourism, foreign investment and non-traditional exports in Colombia. This agreement provides selected Colombian SMEs with access to training opportunities on export plan elaboration, environmental practices, digital marketing and e-commerce, among other topics. For Colombia, WIT focuses on the agro food sector benefiting a number of organizations including 50% women-led SMEs looking to sell their products in Canada such as panela organic certified, fresh avocado, aromatics, fresh pineapple and healthy snacks. The project also seeks to support the services sectors targeting the Canadian market while benefiting 100% women-led SMEs offering software, videogames, animation and audiovisual products.

The Canada-Pacific Alliance Scholarships project is a $5 million five-year (2016-2021) initiative designed to support Pacific Alliance countries to sustainably manage and regulate their extractive sectors. Training at Canadian universities is being offered through a scholarship program to Pacific Alliance public sector professionals who will have the opportunity to participate in masters or certificate programs, as well as short courses that focus on topics directly relevant to the effective governance and technical management of the extractive sector. The experience will connect recipients and their ministries with Canadian university expertise and foster an exchange of best practices between Canada and the Pacific Alliance, as well as among Pacific Alliance countries.

The Pacific Alliance Education for Employment (EFE) Program is a $16.2 million seven-year (2016-2023) initiative designed to increase socio-economic opportunities for women and men, notably youth and indigenous peoples in a sustainable and inclusive extractive sector in the PA countries. The program supports the governance of the extractive sector by strengthening the dialogue between private and public sector and civil society stakeholders in the countries of the PA and Canada around sustainable and inclusive policies and best practices. This project promotes responsible natural resource management and commercial practices, including through training for the qualification and employability of women and on environmental management and rehabilitation of mining sites; and by organizing forums to disseminate policies related to Gender Equality, Indigenous Peoples, Environment and Education.

9.7 Export Control Process

Canada has one of the strongest export control systems in the world, and respect for human rights is enshrined in the Export and Import Permits Act (EIPA). In Canada, all permit applications for controlled items are reviewed on a case-by-case basis under a robust risk assessment framework, including against Arms Trade Treaty criteria, which are part of the EIPA.

Under the EIPA, Global Affairs Canada assesses export permit applications for controlled military and strategic goods and technology against the ATT Article 7 assessment criteria, namely:

Under section 7.4 of the EIPA, the Minister of Foreign Affairs shall not issue an export permit in respect of arms, ammunition, implements or munitions of war if, after taking into account all relevant considerations, including available mitigating measures, he or she determines that there is a substantial risk that the export would result in any of the negative consequences referred to in the ATT assessment criteria. Therefore, no export permits for controlled military and strategic items will be issued to Colombia if there is a substantial risk that the item could be used to commit or facilitate a serious human rights violation or serious acts of gender-based violence or serious acts of violence against women and children.

For further information about Canada's export controls and data on Canadian exports of controlled military goods and technology to all destinations, including Colombia, please consult the Report on Exports of Military Goods from Canada.

9.8 Export Development Canada's Human Rights Evaluation Methodology

Export Development Canada (EDC) is Canada's export credit agency, with a mandate to support and grow Canadian international trade. EDC fulfills its mandate via trade financing, insurance and investment products catered to Canadian exporters and international buyers of Canadian goods or services. In order to support Canadians doing business abroad, EDC has established a robust set of policies and review mechanisms to ensure that all transactions supported are reflective of Canadian values. Specifically, EDC established a Human Rights Policy in 2019 that provides the Crown corporation with principles and commitments that guide its human rights approach and internal decision-making process regarding the transactions it supports. This policy commits EDC to building and using its leverage to prevent and manage human rights impacts that EDC might be connected to through customer relationships, and to enable remedy when impacts occur. EDC has further developed a Principles on Leverage and Remedy document that outlines these commitments into practice across EDC's business.

Export Development Canada (EDC) has published all documents related to its Environmental, Social and Governance Policies on its website. Documents include:

Conclusion

The Agreement concerning Annual Reports on Human Rights and Free Trade between Canada and the Republic of Colombia has to date required the parties to provide a summary of actions taken under the CCOFTA and related side agreements and provide an analysis of any impact these actions may have had on human rights in Canada and Colombia.

In this context, this year's report is unable to demonstrate that any such actions taken during the course of the implementation of the CCOFTA (i.e. tariff reductions related to CCOFTA, as well as actions taken under the Labour Cooperation Agreement and the Environment Agreement) have had a direct impact on human rights in Canada or Colombia.

However, the Government of Canada continues to report on other important elements pertaining to human rights in Colombia, including a review of the broader Colombian human rights context and related challenges, Colombia's peace implementation process, and Canada's ongoing engagement and programming in Colombia with respect to human rights.

Annexes

Annex 1: Canada's Merchandise Trade with Colombia, 2001-2021, Can$ million.

Year

Imports

Exports

Trade Balance

Total Trade

2001 415.5 365.9-49.6 781.3
2002 393.0 343.5-49.5 736.5
2003 373.9 307.6-66.2 681.5
2004 418.6 387.1-31.5 805.7
2005 583.6 448.2-135.4 1,031.8
2006 640.4 513.2-127.2 1,153.6
2007 468.6 662.2 193.7 1,130.8
2008 638.8 708.8 70.1 1,347.6
2009 733.6 592.0-141.6 1,325.6
2010 717.3 642.3-75.0 1,359.5
2011 799.4 760.9-38.5 1,560.3
2012 664.7 828.2 163.5 1,492.8
2013 691.4 711.5 20.1 1,402.8
2014 891.8 935.8 44.0 1,827.6
2015 829.0 782.8-46.2 1,611.8
2016 787.0 783.8-3.2 1,570.7
2017 982.3 745.7-236.6 1,728.0
2018 1,038.6 999.6-39.0 2,038.2
2019 830.5 935.8 105.3 1,766.3
2020 848.7 790.6-58.1 1,639.3
2021 1,302.0 1,004.8-297.2 2,306.8

Source: Statistics Canada

Annex 2: Actions taken by Canada under the Canada-Colombia Free Trade Implementation Act

Clause NumberShort Description of ClauseActions taken by Canada for
Free Trade Agreement Implementation in 2021
1Short TitleNone
2-5InterpretationNone
6Crown bound by the legislationNone
7PurposeNone
8No cause of action except for investor-state dispute settlement and Part three and Annex Four of the Agreement on Labour CooperationNone
9-15Implementation of CCOFTA, Labour Cooperation Agreement and Environment AgreementNone
16-22Inquiries under the Canadian International Trade Tribunal ActNone: no disputes to date
23Arbitration related to violations of the Investment chapter under the Commercial Arbitration ActNone: no disputes to date
24Compliance enforcement of the Labour Cooperation Agreement under the Crown Liability and Proceedings ActNone
25-29Application of the Customs ActNone
30-42Changes to the Customs TariffReduction of customs duties on goods according to staging categories
43Monetary assessment relating to Labour Cooperation Agreement disputes under the Department of Employment and Social Development ActNone
44-46Emergency action safeguard under the Export and Imports Permits ActNone
47Governance of crown corporation under the Financial Administration ActNone
48Entry into force dateNone for purposes of the Annual Report exercise

Annex 3: Activities under the Canada-Colombia Labour Cooperation Agreement

This table includes cooperation projects undertaken by Canada with Colombia, which began in 2019 and were implemented throughout 2021.

Institutional Strengthening to Promote Compliance with Labour Rights in Colombia (2019-2022)

Support provided: $830,000

Implemented by the International Labour Organization, this project aims to support the Colombian Ministry of Labour in modernizing its trade union registration/certification system. The implementation of the system will strengthen the Ministry's capacity to improve the overall protection of collective rights in Colombia.

Building Constructive and Sound Labour Relations in Colombia (2019-2022)

Support provided: $496,000

Implemented by the University of Ottawa, this project aims to address issues related to the effective exercise of the rights of freedom of association and collective bargaining.  Key outcomes of this project include the production of a study with recommendations to further discussions in Colombia's tripartite social dialogue body (i.e. the Standing Committee on the Coordination of Wages and Labour Policies) on potential legislative measures to improve labour relations in the country.

Annex 4: Activities under the Canada-Colombia Environment Agreement

This table includes a selection of environmental cooperation activities undertaken by Canada with Colombia.

Support to enhance measurement, reporting and verification (MRV) mechanisms in collaboration with the Pacific Alliance* (2017-2021) / Support to South-South cooperation on MRV (2019-2022)

Support provided: $1.6 million / $1.9 million

The Support to enhance measurement, reporting and verification (MRV) mechanisms in collaboration with the Pacific Alliance project is a four-year (2017-2021) initiative that aligns with the June 2017 Cali Declaration in which the Pacific Alliance reaffirmed its support for the Paris Agreement and committed to intensify efforts to strengthen MRV systems of Greenhouse Gases (GHG) and Short-Lives Climate Pollutants (SLCPs) in the region.

The Technical Sub-group on MRV and Climate Change (SGT-MRV) was created by the countries of the Pacific Alliance with the principal objective to support the exchange of knowledge at the regional level in order to strengthen and advance the harmonization and alignment of Climate MRV systems for the reduction of GHG and SLCPs and to strengthen capacity at the national level in order to advance the creation and implementation of effective climate policies.

In 2019, additional funding of $1.9 million was announced to support South-South cooperation on MRV (within and between the Pacific Alliance and West Africa).

*Denotes programming also benefitting regional partners besides Colombia.

Pan-American Webinar on Advancing the Low-Carbon Economy through Hydrogen Technologies* (2021)

Support provided: $5,100

On March 25, 2021, Canada held the Pan-American Webinar on Advancing the Low-Carbon Economy through Hydrogen Technologies, in collaboration with Chile and Costa Rica. This capacity-building webinar sought to provide an opportunity for Canada and Latin American countries to share their national policies and explore market opportunities in the area of clean hydrogen. The webinar was successful in securing the participation of over 167 participants from 16 different countries, including Colombia.

*Denotes programming also benefitting regional partners besides Colombia.

Annex 5: Public Call for Submissions

On February 15, 2022, the following public call for submissions was posted on the Global Affairs Canada website.

Public call for submissions regarding Canada's Annual Report on Human Rights and Free Trade between Canada and the Republic of Colombia

The Government of Canada is seeking the input of interested parties pursuant to the provisions of the Canada-Colombia Free Trade Agreement Implementation Act (Implementation Act), which entered into force on August 15, 2011.

The Implementation Act includes the Canada-Colombia Free Trade Agreement, the Canada-Colombia Agreement on Labour Cooperation and the Canada-Colombia Environment Agreement.

The Implementation Act requires the Minister for International Trade to "...cause to be laid before each House of Parliament by May 15 of each year or, if that House is not then sitting, on any of the 30 days next thereafter that it is sitting, a report on the operation of this Act during 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 the Republic of Colombia."    

Interested parties are invited to provide written submissions to help inform the analysis of the impact of the actions taken under the Implementation Act for the Government of Canada's 2022 annual report. The 2022 annual report will cover the period from January 1, 2021 to December 31, 2021.  

For reasons of confidentiality and security, the submissions and names of contributors to this consultation process will not be released to the public by the Government of Canada.

Contributions can be sent by e-mail to:

Consultations - Agreement concerning Annual Reports on Human Rights and Free Trade between Canada and the Republic of Colombia
Andean Division (NLA)
Global Affairs Canada
Email: NLA@international.gc.ca

Submissions should be e-mailed no later than March 16, 2022.

Annex 6: Canada's International Assistance Programming

The following projects are examples of Canada's International Assistance Programming in Colombia through which support is provided for human rights.

Beyond Borders: Safe spaces for Girls and improving education in Colombia –Venezuela Border (2019-2023)

Support provided: $12 million

The Beyond Borders project, implemented by Save the Children Canada, aims to improve the realization of the right to safe, gender-responsive, quality learning for girls affected by crisis and conflict in the Colombia-Venezuela border region. Aligned with GAC's Charlevoix G7 Education Initiative, the project will focus on achieving three specific intermediate outcomes:

1) Increasing equitable access (enrollment and retention) to safe, quality, gender-responsive education for crisis-affected girls;

2) Improving equitable provision of safe, quality, gender-responsive primary and lower secondary education for girls; and

3) Improving policy planning, implementation and coordination in Colombia for safe, quality and gender-responsive education for girls along the border region.

Building Extractive Sector Governance in Colombia (2015 – 2021)

Support provided: $19.1 million

The Building Extractive Sector Governance in Colombia project, implemented by Agriteam, aims to strengthen the capacities of the government entities at national and local levels to enable the Colombian extractive sector to contribute to more environmentally sustainable and equitable economic growth. Project activities include:

1)  reviewing extractive sector policies and regulations related to environmental management and Indigenous community consultation;

2) establishing training and tools to prevent conflict at the community level;

3) developing government information systems to improve decision making and transparency on environmental impacts, revenues and land use planning; and

4) creating a learning program on Canadian best practices in community relations and environmental management for communities in the departments of Putumayo, Meta and Antioquia.

Sustainable Colombian Opportunities for Peacebuilding and Employment (2015-2022)

Support provided: $17.2 million

The Sustainable Colombian Opportunities for Peacebuilding and Employment project, implemented by Cuso International, aims to improve inclusive economic growth and support peacebuilding in Colombia by providing market-driven training and employment opportunities for conflict-affected people and at-risk youth in eight cities:

The project also aims to increase the ability of local authorities and private sector partners to develop and implement inclusive employment policies and practices for vulnerable populations. The project is expected to reach 4,000 vulnerable youth and their families, and at least 80% will receive a guaranteed job placement with private sector partners. An additional contribution of $2 million will support the training and economic integration of Venezuelan migrants in Colombia.

Leading for Peace – Supporting the Rights of Children and Youth in Colombia (2016-2021)

Support provided: $18.9 million

The Leading for Peace project, implemented by Plan International Canada, will strengthen the capacity of the Government of Colombia to deliver protection and compensation services to victims of armed conflict, particularly children and youth. It benefits 84,000 children and youth and 56,000 women in three conflict-affected municipalities in Colombia's Pacific Coast:

The project is training 1,640 national and local government officials to deliver protection and compensation services, via a community outreach strategy that ensures that social services are inclusive and accessible for hard-to-reach beneficiaries. It is also training youth networks, community leaders, and community-based organizations to participate in municipal planning. Training for youth focusses on entrepreneurship, peacebuilding, life skills and community leadership.

United Nations Multi-Partner Trust Fund for Post-Conflict in Colombia (2016-2023)

Support provided: $23.5 million

The United Nations Multi-Partner Trust Fund project, administered via the United Nations Development Programme, supports the Government of Colombia's peace implementation efforts via technical assistance and rapid-response initiatives in communities directly affected by armed conflict. Areas of support include demining, transitional justice, governance, prevention and management of local conflicts, and reintegration and socio-economic development of former combatants. Assistance is delivered via United Nations agencies in Colombia, Colombian and international non-governmental organizations and the Government of Colombia.

Landmine Action in Colombia (2016-2022)

Support provided: $12.5 million

The Landmine Action in Colombia project, implemented by The Halo Trust, conducts humanitarian demining activities in ten mine-affected municipalities. It recruits, trains and deploys civilian landmine survey and manual clearance teams from local communities, including ex-combatants. By surveying vulnerable communities and removing landmines in targeted municipalities, the project helps prevent further accidents; identify safe areas for land restitution; enables the return of internally displaced persons; and restores access to farmland, public services, and safe routes to markets and schools. The project will benefit over 27,000 people living in some of Colombia's poorest rural municipalities. It will also create safe conditions for 60,000 displaced persons to return home safely.

Delivering Rights for Girls through Improved Comprehensive Sexuality Education (2018-2023)

Support provided: $10 million

The "Valiente" project, implemented by Profamilia, will reach 7,800 boys and girls aged 10 to 14 in 55 schools to increase their decision-making power and leadership to exercise their sexual and reproductive rights, improve provision and access to rights-based and gender sensitive, youth friendly services, and promote positive transformations in attitudes and behaviours around gender equality and sexual and reproductive health and rights. At least 240 government officials will improve their delivery capacity in sexual and reproductive health and rights with youth as well.

Women's Voice and Leadership – Colombia (2019-2023)

Support provided: $5 Million

This project is part of Canada's Women's Voice and Leadership Program, which supports local and regional women's organizations and networks that are working to promote women's rights, and advance women's empowerment and gender equality in developing countries. This is done by supporting their activities, building their institutional capacity, and promoting network and alliance-building as women's rights and feminist organizations are critical agents of change. The Program also responds to the globally recognized, and significant gap in funding and support to women's rights organizations and movements around the world. This project is implemented by Oxfam-Québec in rural conflict-affected regions of Colombia.

Expert Deployment Mechanism for Trade and Development (EDM) (2018-2025)

Support provided: $16.5 million

The Expert Deployment Mechanism for Trade and Development (EDM) is now fully operational and accessible to eligible developing partner countries, including initiatives with Colombia, as well as Peru, Paraguay, and Vietnam. EDM is a responsive and demand-driven mechanism, therefore a specific budget is not assigned to each country.

The EDM is designed to contribute to poverty reduction by deploying Canadian and international technical experts to assist developing countries negotiate, implement, adapt to, and benefit from their trade and investment agreements with Canada. ODA-eligible countries with which Canada shares a trade and investment agreement agenda are eligible to submit a request for technical assistance under the EDM.

DID – Credit to Rural Women and Youth (2019 to 2024)

Support provided: $5 million

This project aims to improve economic opportunities and living conditions of over 90% of the targeted population and their communities in rural Colombia by increasing their access to credit and spurring a systemic shift in rural financing. The intermediate outcomes are:

i) more efficient and improved management of financial mechanisms focused on rural women and youth;

ii) more effective delivery of financial services to women and youth, and;

iii) improved business and wealth management by women and youth in rural areas.

Colombian Cacao Agropreneurs (2018 to 2025)

Support provided: $19.5 million

The project aims to create sustainable livelihoods by increasing the incomes of 5,000 smallholder cacao farming families by strengthening the management practices of these businesses and their associations/cooperatives and facilitating the emergence and consolidation of associative businesses that are innovative, clean, sustainable and inclusive. Co-financed with the private sector, it is the first in the Government of Canada to use the Outcome Achievement Payment funding model included in the 2017 Treasury Board Generic Terms and Conditions in support of innovation, according to which the implementer is only paid on results (rather than activities).

Protection and Equal Opportunities for Venezuelan Children on the Move in Colombia, Ecuador and Peru (2020 to 2021)

Support provided: $4.7 million ($2.3 million for Colombia)

The project aims to address the needs affecting migrant, refugee and host communities' children and their families in Colombia, Ecuador and Peru. It does so by strengthening state policy to identify and protect children on the move; provide enhanced alternative care systems for unaccompanied minors; and strengthen preventive and response interventions to address sexual and gender-based violence towards girls, boys and adolescents.

Strengthened Sexual and Reproductive health rights and services for migrants and host communities in Colombia and Ecuador (2020-2022)

Support provided: $3.7 million ($2.5 million for Colombia)

The project focuses on demand-creation for SRHR services; supply of and accessibility to SRH services and rights; and improving access to services and referrals addressing gender-based violence. It is expected to deliver education activities and services to over 22,000 beneficiaries in Colombia.

OFFER – Outcome Fund for Education Results (2022-2028)

Support provided: $20 million

When fully operational, the Outcome Fund for Education Results (OFFER) will be a public-private sector Fund that will create a marketplace for affordable education solutions to be scaled up for the most vulnerable in Colombia. It will strengthen the education ecosystem and improve education public policy, using a results-based payment and innovative financing approach to achieve greater impact. Canada has formed an Alliance with Colombia's Ministry of National Education and four private investors/foundations to advance the design and secure funding.

FOR Presente por la Paz et Asociación de Víctimas Comunidades Construyendo Paz en Colombia (2021-2022)

Support provided: $33,100

Through a series of regional workshops and forums, this project helped strengthen the capacities of 80 social leaders involved in the defense of land and life in 4 departments of Colombia in the areas of human rights, security, self-protection and advocacy.

Corporacion Centro de Apoyo Popular - CENTRAP (2021-2022)

Support provided: $47,100

This project helped strengthen the capacities of rural, urban, indigenous and Afro-Colombian women's organizations (100 beneficiaries) in 12 Colombian municipalities to promote inclusive governance and the protection of their rights. Through training activities, their leadership was strengthened so that they could communicate their proposals to the general public and government institutions.

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