Annual Report Pursuant to the Agreement concerning Annual Reports on Human Rights and Free Trade between Canada and the Republic of Colombia - 2021

May 28, 2021

Executive Summary

Canada’s 10^th 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 CCOFTA in the previous year according to the Tariff Elimination Schedule of Canada. Given only one tariff line remains to be liberalised under CCOFTA (refined sugar), the report found no human rights impacts which could be directly associated with Canada’s 2020 tariff reductions. However, this report once again goes beyond these basic reporting requirements to include assessments of other issues, such as the challenging 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 broad 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 first of 3 annual reports to which adjustments are being progressively made.

In preparing this year’s report, the Government of Canada received feedback from 6 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 CCOFTA. Since the entry into force of 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. One submission was received.

The year 2020 was marked by the COVID-19 pandemic, which had a significant impact on both the Canadian and Colombian economies, as well as on the human rights situation in Colombia. The pandemic and consequent lockdowns contributed to an economic recession in Colombia, which in turn exacerbated existing challenges such as poverty, unemployment, and the protection human rights defenders.

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 damaging 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.

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 CCOFTA (i.e. tariff reductions related to 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 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.

In addition to economic baseline information, this year’s report reviews the actions taken under the Canada-Colombia Free Trade Agreement – including its side agreements on labour cooperation and the environment. The report 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 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 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 2 annual reports. Human rights sections (on both context and programming) have been enhanced, whereas economic and trade statistical information has been lightened. New sections on the promotion of inclusive trade and on the risk assessment that is an integral part of Canada’s export control process in accordance with its Arms Trade Treaty obligations have been added to this year’s report. Further adjustments will be progressively phased into the next two versions 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 2021 annual report is, therefore, required to cover the period from January 1, 2020 to December 31, 2020.

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 50.3 million people. As an emerging free market economy with strong democratic traditions, Colombia is the latest country to join the Organization for Economic Co-operation and Development (OECD). 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 sixteenth most unequal country in the world according to the World Bank^{Footnote 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. 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 in September 2020 – has allowed for an exhaustive assessment of the progress made with respect to the implementation of the Peace Agreement, with a focus on verifying the commitments on 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 2020, Colombia continued to be significantly impacted by events in neighbouring Venezuela, especially in areas along the border, including effects from the increased number of Venezuelans crossing into Colombia. Official figures show that, since 2017, Colombia has welcomed over 1.7 million Venezuelans and over half a million Colombian returnees. This flow of migrants has placed additional strains on the health and education systems across the country, particularly in border areas.

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.

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 heart of the internal armed conflict.

In 2020, Colombia recorded the lowest homicide rate (24.3 per 100,000 people) since 1974. However, the United Nations High Commissioner for Human Rights (UNHCHR) reported an increase in the number of massacres — the killing of three or more people during a single attack — which reached 66^{Footnote 2} in 2020. Furthermore, targeted violence against human rights defenders and other community leaders has also increased, as reported by the office of the UNHCHR, which received information concerning 133 killings of HRDs in 2020^{Footnote 3}, higher than the 117 cases reported in 2019. That being said, data vary by source. For instance, according to official government data, there were 66 killings of HRDs in 2020. According to Frontline Defenders (an international human rights organization), more than half of the murders of HRDs worldwide in 2020 happened in Colombia.

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. Further, 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: an increase in forced displacement (over 28,500 in 2020 according to the Colombian Ombudsperson – La Defensoría del Pueblo); an increase in confinement of populations, in particular Indigenous and Afro-Colombian communities (over 68,800 people were confined in 2020 for security reasons linked to illegal armed group operations, not due to COVID-19 pandemic lockdowns, according to Office for the Coordination of Humanitarian Affairs – OCHA); 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 vacuum 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 the UNVMC, 73 assassinations were reported in 2020, compared to 31 in 2017. Moreover, the Commons Party (Spanish: Partido Comunes) – the political party which has emerged from the former FARC-EP – alleges the number to be higher.

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. However, the overall pace of implementation of these laws, which are set to expire in 2030, has generally been slow.

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 this past year 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.

Several challenges remain with the implementation of the peace process since the signing of the Peace Agreement four and a half years ago. These include delays in bringing a meaningful and integrated state presence through rural development, as well as continued hostilities from remaining insurgencies, notably the National Liberation Army (ELN) and FARC dissidents. Many of these challenges are compounded by growing migratory pressures from Venezuela, as well as the consequences of the COVID-19 pandemic.

The years 2019 and 2020 also saw accusations against the ESMAD (anti-riot police) of excessive and unwarranted use of force by law enforcement. In October 2020, a filmed act of police brutality that supposedly led to the death of a citizen rekindled the debate over the disproportionate use of force by anti-riot police and led to the release of a protocol by the government which establishes guidelines for action by police within the framework of peaceful demonstrations. The protocol provides that “the National Police will continue with the education and training in Human Rights, basic principles on the use of force, Code of Conduct for law enforcement officers, use of weapons and less lethal devices for all personnel of the institution, and other topics that are related and transversal to public and peaceful demonstrations”.

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, including poverty and unemployment, but also the protection of communities and human rights defenders. According to the National Administrative Department of Statistics (DANE), in April 2020, 5.37 million people lost their jobs due to the pandemic and lockdown. Colombia experienced one of the longest mandatory lockdowns in the world, which lasted from March 25 to August 31, 2020. It is important to note that the most vulnerable groups, such as women and precarious and itinerant workers have been more economically affected by the containment measures.

According to the International Crisis Group (ICG), illegal armed groups have also taken advantage of the crisis to consolidate their territorial control and restrict movement in areas with limited state presence, some have imposed curfews, quarantines, checkpoints, requisitioned food distribution and threatened anyone considered contagious. Restrictions on movement due to the health crisis have increased the isolation of remote communities and trapped social leaders in their homes, making them more vulnerable to targeted attacks. Also according to ICG, during the first two months of lock-down, assassinations of social leaders increased by 53%, while the overall national homicide rate decreased by 16%. In addition, according to Sisma Mujer, experts have identified a higher number of violent deaths among women than men during the pandemic, as quarantine has had an amplifying effect on domestic violence. Recruitment of children and youth by illegal armed groups also increased, as the closure of schools left many children in vulnerable situations. Indigenous peoples were also particularly affected by the pandemic. According to the National Indigenous Organization of Colombia (ONIC), in 2020, 72 indigenous communities were affected by COVID-19, at least 37,902 cases were confirmed, and 1,279 Indigenous persons died – which in proportion are higher than the country average.

4. Colombian and Canadian Economic Context

This section outlines the overall global, Canadian and Colombian economic contexts, as well as the trade relationship between Canada and Colombia.

4.1 Global economic trends

The COVID-19 pandemic had a significant negative impact on the global economy in 2020 as countries around the world grappled with the public health crisis and the subsequent impact of confinement measures on economies across the globe. The global economy is estimated to have contracted by 4.3% in 2020^{Footnote 4}, resulting in trillions of dollars of lost economic output. World merchandise trade is estimated to have contracted by nearly 12% in 2020, reflecting weak demand and supply disruptions related to lockdowns. The worldwide economic slowdown resulted in reduced demand for commodities, driving prices of commodities such as oil into historical lows before recovering during the summer through the end of the year.

For commodity exporting economies such as Canada and Colombia, fluctuations in commodity prices have a significant effect on their economies and trade growth. Commodity prices in 2020 experienced a decline of 11% from the 2019 levels, and they were 38% lower than in 2014. Similarly, energy prices in 2020 were 28% lower than in 2019 and they were 56% lower than in 2014. Prevailing low commodity prices, particularly oil prices, are a worldwide challenge for commodity producing countries (See Figure 1).

Figure 1: Commodity Price Index

Data: Bank of Canada
Source: Office of the Chief Economist, Global Affairs Canada

Changes in the commodity price index from the year 2012 through 2020. It shows that prices have generally declined.

Low commodity prices have a significant impact on the exchange rate movements of major commodity exporting countries. Since 2012, the Canadian dollar has depreciated by 25.5% against the US dollar. Similarly, the value of the Colombian peso relative to the US dollar has depreciated by 51.3% over the same period (See Figure 2). From 2016 to 2018, the values of the Colombian peso and the Canadian dollar stabilized relative to the US dollar. Canada’s dollar ratio declined slightly in 2020, while Colombia’s dollar ratio declined even more.

Figure 2: Canadian and Colombian exchange rates against the US dollar (2012 = 100)

Données : Banque duCanada
Source : Bureau de l’économiste en chef, Affaires mondiales Canada

Evolution of the value of the Canadian and Colombian currencies in relation to the U.S. currency, with 2012 as the base year. It shows a decrease in the value of the Canadian and Colombian currencies from 2012 to 2016, followed by a stabilization in the following years. However, the value of the Colombian currency decreased again from 2018 to 2020.

These changes in the currency market have had profound implications for economic performance in Canada and Colombia, as well as bilateral trade between the two countries, in particular, Colombia’s capacity to import products from Canada.

4.2 The Canadian Economy

Canada was ranked as the tenth largest economy in the world in 2019 by the World Bank. Canada’s GDP reached $2.2 trillion in 2020, or about five times that of the Colombian economy. With an estimated population of 37.97 million in 2020, Canada’s per capita GDP in 2020 stood at $58,043.

Canada is one of the most open economies in the world, with few barriers to trade and investment. In 2020, international trade in goods and services accounted for 60.0% of GDP. The United States is Canada’s largest trading partner, with 75.4% of all Canadian merchandise exports in 2020 destined to that market.

Service-producing industries are the leading sectors in the Canadian economy, making up 70.9% of Canada’s GDP in 2020, and employing 79% of the total Canadian labour force. In the past decade, the share of services in Canada’s GDP increased steadily as the importance of other sectors in Canadian GDP declined.

The Canadian economy has been expanding at an average annual rate of 2.9% during the past decade, in terms of real GDP. However, as a major commodity producer, Canada has been one of the hardest-hit developed economies by the impact of declining commodity prices in recent years. The energy sector, which accounted for one-fifth of total Canadian merchandise exports, was the most affected. Excluding the natural resources sector, Canada’s international exports have experienced solid growth in recent years.

COVID-19 pandemic’s economic impact: The COVID-19 pandemic significantly impacted the Canadian economy, which contracted by 4.6% in 2020, according to Statistics Canada. However, economic activity performed better than expected in the last quarter of 2020 in part due to resilient consumer spending, increased foreign demand for oil and gas, mining and manufacturing sectors, as well as increased house construction and resale activity. The labour market remains on the road to recovery, particularly among sectors hit hardest by COVID-19 restrictions. At the end of the year, more than a million Canadians remained under or unemployed. On the other hand, some sectors have increased employment above pre-pandemic levels and many Canadians have been able to save significantly more than usual due to government support programs and reduced opportunities for discretionary spending.

4.3 The Colombian Economy

With a population of 50.3 million, Colombia is the third most populous country in Latin America after Brazil and Mexico. Over the past decade, Colombia has experienced impressive economic growth as a result of pro-market economic policies, as well as significant improvements in domestic security. GDP surged from USD 145.6 billion in 2005 to USD 382.1 billion in 2013. However, this impressive period of economic growth came to an end in 2013 as a result of changes in global commodity prices and the international macroeconomic environment. Colombia’s GDP decreased from USD 382.1 billion in 2013 to USD 283.1 billion in 2016, further falling to an estimated USD 271.5 billion in 2020. This dramatic evolution in Colombia’s macroeconomic environment has broad implications, particularly for Colombia’s international trade.

Figure 3: Colombian Merchandise Exports to World, 2000-2020

Data: Global Trade Atlas
Source: Office of the Chief Economist, Global Affairs Canada

Evolution of the value of Colombian exports since 2000. There is a significant increase from 2000 to 2012, followed by a decrease over 4 years, and then a relative stability from 2016 to 2020.

The Colombian economy depends heavily on exports of energy and agricultural commodities. Colombia is a major global supplier of coffee, cut flowers, and bananas. Colombia’s aggressive promotion of free trade agreements in the past decade has strengthened its position in international trade. Colombia’s merchandise exports to the world increased dramatically from USD 13.1 billion in 2000 to a peak of USD 60.7 billion in 2012. However, exports were on a downward path from 2012 until 2016, before increasing in the following two years. Then, in 2019, Colombia’s total exports decreased slightly to USD 39.5 billion, and declined further to 31.1 billion in 2020. Similarly, Colombia’s imports from the world increased steadily from USD 11.5 billion in 2000 to USD 64.0 billion in 2014 but decreased until 2016. Imports increased for the next three years, reaching USD 52.7 billion in 2019, before declining to USD 43.5 billion in 2020.

COVID-19 impacts: COVID-19 significantly affected the Colombian economy. In 2020, Colombia’s rates of infection and death were among the highest in the world and the pandemic exacerbated pre-existing vulnerabilities, especially in rural and remote areas of Colombia. According to the national statistics agency, the economy contracted by 6.8% in 2020 and unemployment reached 20% before decreasing to 13% towards the end of the year.

4.4 The Canada-Colombia Trade Relationship

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

In 2020, total bilateral merchandise trade between the two countries was $1.6 billion.^{Footnote 5} This is a decrease of 7.2% compared to the $1.8 billion in 2019, and of 19.6% compared to the $2.0 billion in 2018. Bilateral merchandise trade has increased by approximately 20.6% overall since 2010, the year prior to the entry into force of CCOFTA (See Figure 4).

Between 2019 and 2020, Canada’s imports from Colombia slightly increased, from $830.4 million to $848.8 million.

Canada’s exports to Colombia decreased by 15.5% – from $935.8 million to $790.5 million – between 2019 and 2020. Canadian exports to Colombia covered a broad range of products including cereals (wheat), vegetables (pulses), fertilizers, and mineral fuels and oils.

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 2010-2020, Can$ million

Data: Statistics Canada
Source: Office of the Chief Economist, Global Affairs Canada.^{Footnote 6}

Evolution of bilateral trade between Canada and Colombia from 2010 to 2020. This shows a very balanced trade balance over the 10 years and a steady increase in the total value of trade until 2018, before declining slightly in 2019 and 2020.

5. Actions Taken by Canada under the CCOFTA Implementation Act in 2020

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 exporters, service providers, and investors, including expanded opportunities in a broad range of sectors, particularly oil and gas, mining, agriculture and agri-food, and manufacturing. 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 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, 2020 are provided in Annex 2.

5.2 Tariff Elimination Schedule

Canada has completed the elimination of tariffs as per its commitments under 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, 2021, Canada reduced the tariff on refined sugar from $10.98/ton to $8.23/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 CCOFTA

Overall, CCOFTA has had a positive effect on Canada-Colombia bilateral trade. Canada and Colombia bilateral merchandise trade increased to $1.6 billion in 2020, an increase of approximately 30% over 2010 (the year prior to the entry into force of CCOFTA).

6.1 Canadian Exports to Colombia

Canada has experienced solid growth in its merchandise exports to Colombia since CCOFTA entered into force in 2011. In 2020, Canadian merchandise exports from Colombia were valued at $790.5 million. Annual average exports from Canada to Colombia increased from a pre-CCOFTA level of $629.6 million to a post-CCOFTA level of $852.4 million, representing an increase of 35.4%.

6.2 Canadian Imports from Colombia

In 2020, Canadian merchandise imports from Colombia were valued at $848.5 million, making Colombia Canada’s fifth largest import source in South America. Overall, on an annual basis, average imports from Colombia increased by 28.9% between the pre-CCOFTA level of $696.4 million and the post-CCOFTA level of $897.4 million.

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. CCOFTA itself also includes a principles-based labour chapter.

Specifically, the Labour Cooperation Agreement commits both countries to:

• Promote compliance with and effectively enforce their domestic labour laws through appropriate government actions. These laws must embody the following internationally recognized labour principles and rights:
  • freedom of association and the right to collective bargaining (including protection of the right to organize and the right to strike);
  • the elimination of all forms of forced or compulsory labour;
  • the effective abolition of child labour;
  • the elimination of discrimination in respect of employment and occupation;
  • acceptable conditions of work with respect to minimum wages, hours of work and occupational health and safety; and
  • providing migrant workers with the same legal protections as citizens in regards to working conditions.
• Ensure that they do not waive or otherwise derogate from their labour laws in a manner that weakens or reduces adherence to the internationally recognized labour principles as an encouragement for trade or investment.
• Ensure that requests for labour inspections are given due consideration and that a person with a legally-recognized interest has appropriate access to proceedings before a tribunal which can enforce national labour law.
• Make information publicly available in relation to their labour laws and enforcement and compliance procedures.
• Encourage the use of voluntary best practices of responsible business conduct by enterprises.

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. Three Ministerial Council meetings have taken place to date, as provided for under the Labour Agreement.

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 2020, while the efforts of the Colombian Government, including the Ministry of Labour, were mainly focused on addressing the impact of the pandemic and its effects on labour and employment in the country, Canada and Colombia continued to implement a number of measures of the Action Plan, as agreed upon between the two countries in 2018. In addition, despite the limits imposed by pandemic-related public health recommendations, the implementation of technical assistance projects initiated in 2019 to help Colombian authorities fulfill their commitments under the Action Plan continued. The Action Plan can be found at: https://www.canada.ca/en/employment-social-development/services/labour-relations/international/agreements/colombia-action-plan.html

Moving Forward: Labour Program officials continue to work actively with their Colombian counterparts on the implementation of the Action Plan to guarantee the protection of fundamental labour rights.

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. 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:

• effectively enforce its domestic environmental laws through appropriate government actions;
• neither weaken nor reduce levels of protection afforded in its domestic environment laws to encourage trade or investment;
• ensure that proceedings are available to sanction or remedy violations of its environmental laws;
• ensure that interested persons residing in, or established in its territory may request investigations of alleged violations of its environmental laws, and to give such requests due consideration, in accordance with its law;
• promote public awareness and transparency by ensuring that information regarding environmental laws and policies is available to the public;
• ensure that environmental impact assessment processes are in place;
• encourage the use of voluntary best practices of responsible business conduct by enterprises;
• promote the conservation and sustainable use of biological diversity; and
• respect, preserve, and maintain traditional knowledge, innovations and practices of Indigenous and local communities that contribute to the conservation and sustainable use of biological diversity, subject to national legislation.

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 Environment. The Committee on 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 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 Environmental Cooperation 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 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.

Projects funded through Climate Finance: Canada is delivering $2.65 billion over five years to help developing countries transition to low-carbon, sustainable and resilient growth, focusing on both mitigation and adaptation support to the poorest and most vulnerable populations impacted by climate change. This support is delivered through a number of multilateral and bilateral initiatives.

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 $38.5 million (with a total project value of $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.

In addition, as part of Canada’s support to Colombia through bilateral initiatives, Canada is also working with Colombia and other Pacific Alliance partners on a $1.6 million project to support climate action (please see the following section for more details on the Pacific Alliance Partnership).

7.3 The Canada-Pacific Alliance Partnership

The Pacific Alliance is a regional integration initiative founded in 2011 by Chile, Colombia, Mexico and Peru to promote greater economic growth and competitiveness for member countries. In 2012, Canada became the first non-Latin American observer to the Pacific Alliance and in 2016, the Joint Declaration on a Partnership between Canada and the members of the Pacific Alliance (“Partnership”) was signed. In June 2017, the Pacific Alliance invited Canada to become an Associated State, along with Australia, New Zealand and Singapore. The status of Associated State would provide Canada with an opportunity to further enhance the relationship with these key partners in the region, including Colombia, and deepen cooperation on issues of mutual interest. Discussions are ongoing regarding next steps in this process.

Actions Taken under the Pacific Alliance Partnership

Under the Partnership, Canada and the Pacific Alliance have outlined six broad areas for increased cooperation: trade facilitation and promotion; education and training; small and medium-sized enterprises (SMEs); science, technology and innovation; responsible natural resource development and corporate social responsibility; and environmental cooperation (including climate change and ocean conservation).

Projects: On June 29, 2016, Canada confirmed its commitment to the Partnership by announcing funding for 3 cooperation projects worth more than $21 million over 5 years (2016-2021). In 2017, Environment and Climate Change Canada also announced 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. These 4 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 5 for project details).

Bilateral Dialogue: Since the signing of the Partnership, Canada has made presentations to several of the Pacific Alliance’s Technical Groups in order to share Canadian experiences and to keep the Pacific Alliance informed of the progress made in relation to the 4 cooperation projects. Canada has also provided ongoing updates on the cooperation projects to the Pacific Alliance’s External Relations Technical Group, the main point of contact for observer countries. In November 2020, the Government of Canada participated in the Pacific Alliance’s 2nd Annual Technical Cooperation Forum with Observer Countries where additional areas for cooperation were explored.

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 March 4, 2021, the Government of Canada issued a public call for submissions to inform the analysis of the report (see Annex 6). The public call for submissions was posted online on the Global Affairs Canada website and the website of the Embassy of Canada to Colombia for a period of 4 weeks. One written submission was received in response to the public call for submissions. This submission highlighted the increased violence and forced displacements in the city of Buenaventura, as well as the negative impact of the city’s port activities and infrastructure development on human rights and the living conditions of the local community. The information shared has been taken into consideration in the elaboration of the relevant section of this report.    

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 CCOFTA during the period January 1, 2020 – December 31, 2020. The Government of Canada received feedback from a total of 6 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 via its political, development and commercial programming 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 2020, Canada raised concerns with the Government of Colombia at various levels regarding marginalized and vulnerable populations and specific cases of imminent threat against members of civil society organizations, so that corrective actions could be taken.

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 2020, the Sub-Committee focused 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 protection of human rights and social leaders through the following programming channels: The Canada Fund for Local Initiatives (CFLI) and the Peace 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).

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 2020 in comparison with previous years. That being said, Canadian officials still met regularly – often virtually – with threatened individuals and various groups in Colombia. In February 2020, officials from the embassy visited the municipalities of Arauca and Tumaco, where they met with journalists and Indigenous women leaders. In November 2020, as co-Chairs of the Group of Friends of the United Nations Security Council Resolution 1612 on Children and Armed Conflict in Colombia, and with UNICEF and OHCHR support, the Canadian Ambassador and his Swedish counterpart undertook a virtual visit to Putumayo. The objective was to show support for children and youth rights and to this important UN Resolution, as well as to better understand the current situation facing children in the Putumayo region, where child recruitment by illegal armed groups was on the rise due to COVID-19. 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 is 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. Such outreach is often conducted in partnership with representatives of the United Nations, the Peace Process Support Mission of the Organization of the American States (OAS), the International Committee of the Red Cross, or 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 2020, 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:

• Full implementation of five development projects to support Colombia’s peace efforts totalling $57.4 million. These projects are focused on demining, child protection, credit for farmers in areas affected by the conflict, and rural education.
• Contribution by the Peace and Stabilization Operations Program (PSOPs) of $31.4 million to peace implementation projects in Colombia since 2016. Programming includes strengthening of national demining capacity, transitional justice, human rights and civilian protection, as well as support to civil society and women's participation in the implementation of the peace process, including through an intersectional approach with a focus on ethnic minorities and lesbian, gay, bisexual, trans and intersex (LGBTI) people. Support for the participation of these groups is vital to pave the way for long-term peacebuilding in conflict affected communities.
• Key support by PSOPs to the Organization of American States’ Mission to Support the Peace Process in Colombia (OAS-MAPP) and the local office of the OHCHR to monitor and promote human rights and the protection of vulnerable communities and individuals in the post-Peace Accord context.
• PSOPs funding to the United Nations Multi-Partner Trust Fund (MPTF) – a $3.5 million contribution for 2019-2022 (totalling $23.5 million since 2016) – which supports the implementation of thematic and territorial priorities related to the implementation of the peace agreement, as defined by the Government of Colombia under the leadership of the High Council for Stabilization. These include integral reparation for victims, guarantee for truth, justice, reparation and non-repetition, security guarantees for human rights defenders and human rights organizations, and communication at the territorial level of progress regarding stabilization and peace consolidation.

During 2020, Canada took careful note of the various concerns that were expressed by the international community and Colombian civil society with respect to 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 other players, Canada continues to support constructive ways forward on contentious issues relating to the peace agreement.

Global Affairs Canada supported the work of the Special Jurisdiction for Peace (JEP) and the Commission for the Clarification of Truth, Coexistence and Non-Repetition (CEV) for specific activities it undertook in Canada in 2020. With many of the victims of the Colombian conflict now in exile – including in Canada – the JEP and the CEV are making significant efforts to include the participation and involvement of this Colombian diaspora in its truth seeking process. To support these efforts, the Government of Canada provided a financial contribution to support travel of a joint mission composed of JEP and CEV officials to conduct interviews with Colombians who are now living in Canada in order to document their stories and testimonies of the Colombian armed conflict.

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 almost $497 million, delivered via a diverse range of civil society, multilateral, private sector and government partners. This includes over $300 million in bilateral assistance; over $45 million in funding to peace and security initiatives; approximately $36 million in humanitarian assistance; and approximately $67 million in official development assistance via other channels, such as the International Development Research Centre, multi-country initiatives or through 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, 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.

Supporting Conditions for Lasting Peace: Working together, Canada and Colombia are striving 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 women and underemployed youth, while supporting Colombia’s labour reform agenda. These efforts are employing proven models for agricultural cooperatives and rural financing and are focussed in conflict-affected areas where illicit economies have too often been the only employment option available.

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’s support is contributing to efforts to counter potential threats to Colombia’s peace process, such as corruption and illicit drug trafficking.

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.

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 $17 million 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, and strengthening sexual and reproductive health rights and services for migrants in Colombia and Ecuador.

COVID-19: Canada has taken swift action to assist Colombia in its response to the COVID-19 pandemic. Canada contributed $35,000 to increase capacity and coverage with diagnostic tests and has mobilized resources from existing programs to address pressing needs, such as a $340,000 contribution towards mental health, $250,000 for health supplies and technical assistance via the Pan-American Health Organization (PAHO), and project-specific allocations. PSOPs initiatives have incorporated considerations for the impact of COVID-19 in project planning to ensure continuity in peace-building activities while at the same time taking into account the new health and security risks brought on by the COVID-19 pandemic. Canada is also 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.

Harnessing Innovation for Sustainable Development: As poverty levels improve, Colombia is expected to transition away from international assistance. Canada and Colombia are considering innovative approaches to leverage new funding sources and new partners to support rural and conflict-affected areas. Canada is harnessing international assistance to bring new partnerships to Colombia’s priority sectors and regions, including rural education and rural economic development, and to build the evidence-base to ensure that investments are having an impact on vulnerable populations, and can be scaled-up.

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. In doing so, Canada is ensuring that human rights issues are at the centre of financing decisions for development outcomes.

Human rights promotion and protection: Canada continues to invest in issues that support human rights promotion in Colombia, as well as labour rights, the empowerment of women, poverty reduction, economic diversification and responsible business conduct, including through collaboration with the private sector. Canada has traditionally supported the protection needs of internally displaced persons and children, particularly in terms of preventing recruitment into armed conflict. Through the Canadian Fund for Local Initiatives (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.

In partnership with another civil society organization called INDEPAZ, Canada also fostered community participation to strengthen institutional early warning systems in order to better protect social leaders and human rights defenders in Colombian communities that are affected by violence and insecurity. During 2020, through the Peace and Stabilization Operations Program (PSOPs), Canada continued similar efforts to promote the protection, safety, empowerment and dignity of Indigenous communities, especially women, which have been the most affected by the armed conflict in partnership with Humanity and Inclusion (formerly Handicap International).

Under Canada’s Feminist International Assistance Policy, Canadian international assistance has a very strong focus on helping protect and promote the human rights of all vulnerable and marginalized groups and increase their participation in equal decision making.

Selected examples of international assistance programming linked to human rights promotion in Colombia can be found in Annex 16.

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) sets clear expectations for Canadian companies to respect human rights, operate within all applicable laws and international standards and operate transparently and in consultation with host governments and local communities. Canada’s current Corporate Social Responsibility (CSR) Strategy outlines the Government of Canada’s expectations and initiatives to help Canadian companies strengthen their responsible business practices and maximize the benefits their investments can provide to those in host countries.

The Strategy, Doing Business the Canadian Way: A Strategy to Advance Corporate Social Responsibility in Canada’s Extractive Sector Abroad, is built on advancing widely-recognized international RBC standards while fostering networks and partnerships with stakeholders and helping resolve differences between Canadian extractive sector companies and those impacted by their operations abroad. Canada first implemented its CSR Strategy in 2009 and it was renewed in 2014. Consultations began in 2020 for a renewed five-year strategy.

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 2020 included:

• A mission with Colombian local authorities and regulators to Canada, to exchange experiences and practices regarding the sustainable development of the mining sector, engagement with communities and best regulatory practices.
• A forum on gender in the oil and gas (O&G) sector, in which the Head of Mission participated as a key speaker and panelist, discussing the challenges and opportunities for the advancement of gender equality in a traditionally male-dominated sector.
• The launching of the Women in O&G initiative, a local organization focused on promoting women’s leadership and gender equality in the O&G sector.

b) Dispute Resolution

In terms of dispute resolution, the Government of Canada has two mechanisms available to address any issues that may arise. The first is Canada’s National Contact Point (NCP), established in the year 2000 as part of Canada’s commitment to the OECD Guidelines for Multinational Enterprises, and which applies to all sectors (www.ncp.gc.ca). The second mechanism is the Canadian Ombudsperson for Responsible Enterprise (CORE), an independent, non-partisan body that operates at arm’s length from Global Affairs Canada and reports directly to the Minister of Small Business, Export Promotion and International Trade. The CORE’s mandate – the first of its kind in the world – is to receive and review claims of alleged human rights abuses arising from the operations of Canadian companies abroad in the mining, oil and gas, and garment sectors. The CORE’s Human Rights Responsibility Mechanism was launched in March 2021.

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 Corporate Social Responsibility 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 2020, Canada continued to support Colombia’s Comité Minero-Energético (CME) as a member of its Directive Board. The CME is a multi-sector initiative which aims to facilitate dialogue around the protection of human rights and promotion of security guarantees for parties impacted by the mining and energy sectors. Through its membership in the CME in 2020, Canada financed the production of a video showcasing the work of the CME in Colombia and Canada’s international work on the VPI.   The video was aired during the online commemoration of the 20th anniversary of the VPs in Security and Human rights.

Canada encourages the Government of Colombia to take advantage of its membership in the Voluntary Principles Initiative and actively participate in the multi-stakeholder group.

During 2020, the Canadian Embassy actively participated in the monthly Board of Director meetings of the CME, and facilitated key meetings with national authorities, Canadian companies, civil society organizations and industry associations to discuss the Voluntary Principles Initiative and the CME’s work to promote its implementation in Colombia. This included an introductory meeting with the High Presidential Counselor for Human Rights and International Affairs and the Vice minister of Multilateral Affairs (Ministry of Foreign Affairs).

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 includes 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.

The Intergovernmental Forum on Mining, Minerals, Metals and sustainable Development (IGF) is supported by Canadian funding. The IGF is the only global governmental forum focussed on addressing mineral and mining governance challenges and opportunities. In 2020, IGF started working with Colombia’s Ministry of Mines and Energy and the Ministry of Finance and Public Credit on improving revenue collection from the mining industry. The IGF provided legal and policy support by reviewing Colombia’s tax treaty network, tax incentives granted to the mining sector, and the Colombian regulatory framework to address Domestic tax base erosion and profit shifting (BEPS) risk for the mining sector. The IGF also developed guidance on pricing strategic minerals, and delivered training on financial transactions, offshore hubs, tax treaties, and mineral valuation. Through the Tax Inspectors Without Borders program, IGF supported Colombian authorities on improving their risk assessment framework and case selection as well as their training and auditing processes.

9.5 Promotion of Inclusive Trade

Through the Trade Commissioner Service (TCS), Canada is advancing an inclusive and progressive trade and investment agenda that specifically aims to promote responsible business practices by Canadian companies operating in the region. In 2020, this was done through active promotion of Canada's Responsible Business Conduct (RBC) abroad 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. In 2020, some of the initiatives undertaken in this area included support for the launch of the Women in O&G initiative, and the participation of the Head of Mission in the Gender in O&G Forum, organized by the Colombian Petroleum associations, as described above.

9.6 Export Control Process

In 2019, Canada enhanced the rigour of its export control system through legislative amendments to the Export and Import Permits Act (EIPA) aimed at enabling Canada’s accession to the UN Arms Trade Treaty (ATT). Canada became a State Party to the ATT on September 17, 2019.

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

• whether the export would undermine peace and security, or
• if it could be used to commit or facilitate:
  • a serious violation of international humanitarian law;
  • a serious violation of international human rights law;
  • an act constituting an offence under international conventions or protocols relating to terrorism to which Canada is a party,
  • an act constituting an offence under international conventions or protocols relating to transnational organized crime to which Canada is a party, or
  • serious acts of gender-based violence or serious acts of violence against women and children.

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.

10. 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.

Next year’s Annual Report will further enhance the human rights context section in order to review the evolution of relevant issues, such as the Venezuelan crisis, the COVID-19 pandemic, the implementation of the peace process, as well as the work of the Special Jurisdiction for Peace. A standing ‘‘Access to Remedy’’ section that includes the operations of the CORE will also be added, as well as a section on trade and development nexus achievements.

Annexes

• Annex 1: Canada’s Merchandise Trade with Colombia, 2001-2020, Can$ million
• Annex 2: Actions taken by Canada under the Canada-Colombia Free Trade Implementation Act
• Annex 3: Activities under the Canada-Colombia Labour Cooperation Agreement
• Annex 4: Activities under the Canada-Colombia Environment Agreement
• Annex 5: Canada’s Cooperation Projects with the Pacific Alliance
• Annex 6: Public Call for Submissions
• Annex 7: Canada’s International Assistance Programming

Annex 1: Canada’s Merchandise Trade with Colombia, 2001-2020, Can$ million

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

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 2020.

Annex 4: Activities under the Canada-Colombia Environment Agreement

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

Annex 5: Canada’s Cooperation Projects with the Pacific Alliance

Annex 6: Public Call for Submissions

On March 4, 2021, the following public call for submissions was posted on the websites ofGlobal Affairs Canadaand theEmbassy of Canada to Colombia.

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."

As a follow up to broad consultations undertaken with a range of domestic stakeholders in 2019, Global Affairs Canada reviewed the Report’s format, content and methodology. The proposed changes are also meant to reflect the near completion of the tariff elimination schedule – with the exception of refined sugar, which will be liberalised by January 1st, 2025 –, as well as new government priorities, including our Voices at risk: Canada’s Guidelines on Supporting Human Rights Defenders. Essentially, during the next three years, the Annual Report will be progressively streamlined and some technical data and annexes will be removed in order to focus more on Canada’s support to human rights, responsible business conduct and an inclusive approach to trade.

Interested parties are invited to provide written submissions to help inform the analysis of the impact of the actions taken under the Implementation Act being developed for the Government of Canada’s 2021 annual report. The 2021 annual report will cover the period from January 1, 2020 to December 31, 2020.

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, facsimile or mail to:

Consultations - Agreement concerning Annual Reports on Human Rights and Free Trade between Canada and the Republic of Colombia
South America Relations (NLA)
Global Affairs Canada
125 Sussex Drive, Ottawa ON K1A 0G2
Fax: 613-996-3406
Email: NLA@international.gc.ca

Submissions should be e-mailed, faxed, or postmarked no later than April 1, 2021.

Annex 7: 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.