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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 - 2023
May 15, 2023
For the period of January 1 to December 31, 2022
Executive Summary
Canada's 12th annual report pursuant to the (the Agreement) includes a review of actions taken between January 1 and December 31, 2022 by the Government of Canada in the context of the Canada-Colombia Free Trade Agreement (CCOFTA), the (Agreement on Labour Cooperation), and the (Environment Agreement), and an analysis of the impact of these actions on human rights in Canada and the Republic of Colombia.
In accordance with the implementing legislation, section 15.1 of the (Implementation Act), the scope of this report has retained its focus on the impacts of tariff reductions undertaken under the CCOFTA according to the Tariff Elimination Schedule of Canada. Only one tariff line remains to be liberalized under the CCOFTA, refined sugar, and the report found no impacts on human rights that could directly be associated with Canada's 2022 tariff reductions.
However, this report goes beyond the basic reporting requirements to include assessments of other issues, including the human rights context in Colombia, Canada’s programming, advocacy and capacity-building activities that promote human rights in Colombia, Canada’s mechanisms and tools to protect human rights in Colombia and an overview of the Canada-Colombia trade relationship.
In 2019, following consultations with domestic stakeholders on the annual report’s format, content and methodology, the Government of Canada adopted a phased three-year plan to progressively adapt the annual report to increase its focus on human rights, responsible business conduct and an inclusive approach to trade, and to reduce the use of technical data related to the elimination of tariffs. Canada’s 12th annual report is the third and final of three annual reports with progressive adjustments. Adjustments this year include: 1) a new standalone section on Canada’s approach to responsible business conduct and evaluation of commercial transactions with respect to human rights; 2) an enhanced public consultation process that included posting the public call for input on the Consulting with Canadians website and ¶¶ÒùÊÓƵ’s Trade Consultation webpage; and 3) a slight reordering of the contents of the report so that Canada’s human rights advocacy and engagement activities in Colombia immediately follows the section on Colombia’s human rights context.
To prepare this report, the Government of Canada launched a public consultation process in English, French and Spanish between February 17 and March 17, 2023. The public consultation sought written submissions to inform the analysis of this report and additionally sought written feedback on the adjustments made to the format, content and methodology of the annual reports over the past two years. The Government of Canada received no submissions.
The Government of Canada also consulted with provincial and territorial governments on whether any of their respective human rights commissions (or equivalent bodies) had raised or received any comments, questions or expressions of concern, related to human rights and the implementation of the CCOFTA in 2022. The Government of Canada received feedback from eight provinces indicating there were no comments or expressions of concern. 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.
In 2022, the Commission for the Clarification of Truth, Coexistence and Non-Repetition (CEV), established as part of the 2016 peace agreement with the Revolutionary Armed Forces of Colombia (FARC) presented its final report,Footnote 1 finding 450,664 people died because of the armed conflict, 90 per cent of whom were civilians. Colombia also elected its first leftist government, in what was widely considered a free, fair and transparent electoral process. However, the Election Observation Mission described the 2022 election period as one of the most violent in the last decade.Footnote 2
The confluence of different non-state armed groups that have sought to expand and/or consolidate their territory during 2022 continued to affect the civilian population. Colombia recorded a slight decrease in its homicide rate (26.08 per 100,000 people) compared to its 2021 rate (26.8 per 100,000 people),Footnote 3 and figures related to the number of human rights defenders killed ranged from 116 to 215 depending on the source. The Petro government’s Total Peace plan led to a first round of peace negotiations with the National Liberation Army or Ejército de Liberación Nacional in Spanish (ELN), the largest remaining non-state armed group, in November, and end of year bilateral ceasefire agreements with four other non-state armed groups, including Colombia’s largest narco-trafficking group, the Clan del Golfo, and two FARC dissident groups.
The promotion and protection of human rights is a key pillar of Canadian foreign policy. Government of Canada officials continue to raise human rights issues with the Government of Colombia at all levels, particularly as the government applies its ambitious Total Peace plan. The Government of Canada also continues to advocate for the full implementation of the 2016 peace agreement, particularly the ethnic chapter and gender equality priorities. Canada continues to support the work of human rights defenders in Colombia. This remains an integral part of the human rights work undertaken by the Embassy of Canada to Colombia.
Canada and Colombia bilateral merchandise trade increased to $3.2 billionFootnote 4 in 2022, an increase of approximately 135.6% from pre-CCOFTA levels in 2010.
As has been the case in previous years, the 12th annual report is unable to demonstrate that any actions taken by the Government of Canada in 2022 through the implementation of the CCOFTA (i.e. tariff reductions related to the CCOFTA as well as actions taken under the Agreement on Labour Cooperation or the Environment Agreement) have had a direct impact on human rights in Canada or Colombia.
1. Introduction
Canada and the Republic of Colombia signed the (the Agreement) on May 27, 2010. This unique agreement requires that Canada and Colombia each draft an annual report on the actions taken by the respective governments under the Canada-Colombia Free Trade Agreement (CCOFTA) and their impacts on human rights in both countries.
The Agreement entered into force on August 15, 2011, concurrently with the CCOFTA, alongside the (Agreement on Labour Cooperation); and the (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 migrants and refugees crossing into Colombia.
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 security situation, as well as the alarming level of assassinations and threats against human rights defenders and community leaders at the hands of non-state armed groups.
2. Reporting Requirements
2.1 Canada's Statutory Obligations
Canada's obligations under the Agreement are incorporated into Canadian law under section 15.1 of the (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 Time Period under Consideration
The 12th annual report covers the period from January 1 to December 31, 2022, as the Implementation Act commits Canada to report "on the operation of this Act during the previous calendar year."
2.3 Actions under Consideration
The Implementation Act specifies the Government of Canada is required to table a report on actions taken by the government under the authority of the Implementation Act within the designated time period and 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 Agreement on Labour Cooperation and the Environment Agreement, this report considers actions taken under all three agreements.
2.4 Scope and Limitations
As the Implementation Act governs Canadian domestic implementation of the three agreements, this report only considers the impact on human rights of the Government of Canada’s actions under these agreements, including tariff reductions related to the CCOFTA, and actions under the Agreement on Labour Cooperation and the Environment Agreement. Private sector activities are not within the scope of this report.
As a follow-up to the consultations undertaken with domestic stakeholders in 2019, some modifications to the report’s format, content and methodology have been phased in over three years. The sections related to human rights have been expanded and information on Canada’s programming, advocacy and capacity-building activities to promote human rights in Colombia has been enhanced, and a standalone section reflecting the ways in which human rights considerations are assessed and integrated into the evaluation of commercial transactions has been added. General economic and trade-related statistical information has been reduced. There is also a new focus on analysis to tie data to more concrete results arising from Canada-Colombia trade and the work of the Trade Commissioner Service.
2.5 Human Rights under Consideration
The promotion and protection of human rights are integral to Canadian foreign and domestic policies. In line with Voices at Risk: Canada's Guidelines on Supporting Human Rights Defenders, Canada promotes human rights and supports human rights defenders by: working in multilateral forums to strengthen international rules and norms and advocate for open civic space and human rights; engaging with local authorities through bilateral diplomacy; leveraging partnerships with other countries, civil society, Indigenous peoples and the private sector, including Canadian business interests abroad, and building capacity, including through funding for human rights organizations; and promoting responsible business conduct.
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. Internationally, Canada works through multilateral organizations, bilateral engagement, development and humanitarian assistance, political advocacy 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. 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.
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
Colombia is geographically large and ethnically diverse with a population of 51.5 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). Colombia has an advanced normative human rights framework, which has served as a model for other countries in the region and has ratified most international human rights instruments and International Labour Organization (ILO) fundamental conventions.Footnote 5
In 2022, Colombia elected its first leftist government, in what was widely considered a free, fair and transparent electoral process. However, the Election Observation Mission described the 2022 election period as one of the most violent in the last decade.Footnote 6 President Gustavo Petro Urrego and Vice-President Francia Márquez—the first Afro-Colombian vice-president—took office on August 7, 2022.
Colombia has made significant strides in recent years to reduce poverty and violence through economic growth and social investment, and made important progress in strengthening peace, security, and the rule of law. Unfortunately, the effects of the COVID-19 pandemic, including rapidly rising inflation, has affected these gains significantly. In 2022, for example, Colombia experienced a 27 per cent increase in the cost of food. Its rural and remote areas tend to have higher levels of poverty and violence, limited state presence, and illicit economies that fuel illegal armed groups and insecurity. According to the World Bank, Colombia is the twelfth most unequal country in the world.Footnote 7
The 2016 peace agreement between the Government of Colombia and the Revolutionary Armed Forces of Colombia (FARC) has led to the demobilization and disarmament of thousands of former FARC combatants. However, significant challenges remain with its implementation, including delays in government investments, as well as tensions and violence surrounding the coca eradication process. In areas vacated by the former FARC, other non-state armed groups have filled the void by increasing or consolidating their presence and involvement in illegal economies, putting communities at risk. The increase in targeted killings and threats against community and social leaders is particularly concerning, occurring mostly in rural regions.
The United Nations Verification Mission in Colombia (UNVMC)—whose mandate was extended until October 31, 2023—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. Following a request from the Colombian government and demobilized FARC members, the United Nations Security Council unanimously agreed to expand UNVMC’s mandate to also monitor the implementation of the rural reform and ethnic chapters of the peace agreement.
In 2022, events in neighbouring Venezuela continued to significantly affect Colombia, especially in areas along the border, including the effects associated with Venezuelan migrants and refugees crossing into Colombia. Since 2017, Colombia has welcomed more than 2.5 million of the total 7.4 million Venezuelan migrants and refugees (4.7 per cent of Colombia’s population and 36 per cent of the total Venezuelan exodus) and more than half a million Colombian returnees.Footnote 8 This flow of migrants and refugees has placed additional strains on public services, including, health, education, and protection, particularly in border areas. To address this, in February 2022, the Colombian government launched the Temporary Protection Status to regularize Venezuelan migrants and refugees, allowing them to access social services and to seek employment. The new government of President Petro committed to continue implementing this measure. In 2022, the Petro government re-established diplomatic and military relations with Venezuela and re-opened their shared border, which had been closed since 2015.
In addition to the border region with Venezuela, other regions that experienced an increase in violence and forced displacements include the Pacific Coast (departments of Nariño, Cauca, Valle del Cauca and Chocó). Afro-Colombian and Indigenous Peoples, especially women and LGBTI people, remain disproportionately affected by the deteriorating security situation in these regions.
3.1 Current Status of Human Rights in Colombia
Despite a general improvement in Colombia’s human rights record over the last decade, particularly due to the 2016 peace agreement, the last five years have seen an alarming increase in targeted threats against, and killings of, human rights defenders (HRDs) and community leaders. The vast majority of these incidents occurred in regions that were at the centre of the internal armed conflict.
Different organizations have different metrics and methods for tracking this type of violence and so this report considers metrics from several organizations to get a more complete picture of Colombia’s human rights situation. In 2022, Colombia recorded a slight decrease in its homicide rate (26.08 per 100,000 people) compared to its 2021 rate (26.8 per 100,000 people).Footnote 9 Despite this decrease, the homicide rate remains higher than 2020 levels when the country recorded its lowest homicide rate since 1974 (24.3 per 100,000 people). Indepaz, a Colombian non-profit organization focused on human rights, reported 189 killings of HRDs and community leadersFootnote 10 and 94 massacres—defined as the killing of three or more people during a single attack—which resulted in the deaths of an additional 300 people in 2022.Footnote 11 Meanwhile, the Colombian Ombudsman (La Defensoría del Pueblo) tracked 215 killings of HRDs and community leaders in 2022, a marked increase from 145 it recorded in 2021.Footnote 12 Finally, the Office of the United Nations High Commissioner for Human Rights (OHCHR) received 256 allegations of killings of HRDs and verified 116 of those, with 140 found to be inconclusive; they also received 128 cases of possible massacres and verified 92 of them.Footnote 13
In addition to violence against HRDs and community leaders, other key concerns include a 65 per cent increase in mass forced displacement. According to the United Nations Office for the Coordination of Humanitarian Affairs (OCHA), 82,862 were newly displaced in 2022.Footnote 14 Other key concerns are: continued instances of population confinement, which affected 102,395 people,Footnote 15 particularly in Indigenous and Afro-Colombian communities; child recruitment by non-state armed groups; high levels of sexual and gender-based violence; homicides and threats against vulnerable groups (LGBTI, Indigenous and Afro-Colombian communities in particular); and use of antipersonnel mines. Reprisal killings of demobilized FARC members is also a concern. According to Indepaz, 42 assassinations of ex-FARC combatants were reported in 2022, fewer than the 46 assassinations reported in 2021.Footnote 16
Violence remained alarmingly high despite Colombian authorities’ efforts to continue implementing a series of early warning and protection measures for HRDs under threat. In August, the Colombian government launched an initiative known as the Unified Command Post for Life (PMUV) with the aim of saving lives through an inter-institutional mechanism to coordinate response measures between state entities, local authorities and civil society. However, civil society actors remain concerned about a lack of resources and inadequate funding, leading to a lack of effective protection measures or prevention efforts.
In the void left by the departure of the FARC, non-state armed groups occupy territories in many regions of the country, including vestiges of former paramilitary organizations, dissident FARC combatants, as well as the National Liberation Army or Ejército de Liberación Nacional (ELN). By many accounts, and according to most Colombian non-governmental organizations working on human rights, including Somos Defensores (We are Defenders), the situation in some parts of the country is returning to the levels of violence reported prior to the 2016 peace agreement.
Total Peace Plan
On November 4, the “Total Peace” plan became law in Colombia, providing the legal framework for the Colombian government to advance peace negotiations with all non-state armed groups with political aims, such as the ELN and dissident FARC groups. It also allows the government to work with the judiciary to peacefully dismantle apolitical non-state armed groups, including large criminal organizations and paramilitary groups, such as the Clan del Golfo. More than 20 non-state armed groups have expressed interest in participating in the exploratory phase of the “Total Peace” process. In November, the Colombian government resumed peace negotiations with the ELN, the largest remaining political non-state armed group with about 3,500 members across Colombia.
The government also announced a ceasefire with four non-state armed groups on December 31: FARC dissident groups the Estado Mayor Central and Segunda Marquetalia; the Clan del Golfo, Colombia’s largest narco-trafficking group; and the Self-Defence Forces of the Sierra Nevada.
Over the past several years, the Government of Colombia has shown a commitment to improving the human rights situation in the country, having introduced several 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.
In October 2022, the Colombian government signed an agreement with the Colombian Ranchers’ Federation (Fedegan) in order to implement rural reform. Under this agreement, the Colombian government will purchase 3 million hectares of arable land from large landowners for redistribution among the victims of the armed conflict. While the land purchase and redistribution process is likely to take years, this is a positive development for human rights, given that Colombia is the most unequal country in Latin America in terms of land tenure and distribution, with 1% of landowners occupying 81% of the national territory.Footnote 17
Commission for the Clarification of Truth, Coexistence and Non-Repetition (CEV)
On June 28, the Commission for the Clarification of Truth, Coexistence and Non-Repetition (CEV), a non-judicial body, presented its final report on the complex causes and the multifaceted consequences of Colombia’s armed conflict, as well as recommendations to promote peace and reconciliation. This was a watershed moment in Colombia’s peace process. The CEV was created along with the Special Jurisdiction for Peace (JEP by its Spanish acronym) and the Unit for the Search for Disappeared Persons as part of the Integrated System of Justice, Truth, Reparations and Guarantees of Non-Repetition, through the 2016 peace agreement, with the rights of victims as its guiding principle.
The report found that 450,664 people died because of the armed conflict between 1985 and 2018, 90 per cent of whom were civilians. It also found less than 2 per cent of the deaths occurred in combat. If all forms of violence are considered, the report estimates there were approximately 9 million victims representing 20 per cent of Colombia’s population: at least 121,768 people disappeared (90 per cent civilians), at least 55,770 were kidnapped, and at least 7.7 million people were displaced.
The work of the CEV focused on the victims’ right to the truth. It heard the testimony of more than 30,000 victims, through individual and collective meetings with ethnic communities, human rights organizations and Colombians living in exile. It also collected testimonies from perpetrators and armed forces, from the six living ex-presidents, and received more than a thousand reports from different organizations. Commission President Father Francisco de Roux presented the report to then President-elect Gustavo Petro, who expressed his commitment to peace and acknowledged the importance of truth as a means to end cycles of armed violence and open dialogues. A committee was created to follow-up and monitor the final report’s recommendations.
The report presents a wide variety of recommendations that are not legally binding for the Colombian government. The CEV recommended, in the short term, a national political pact promoting regional and local dialogues to "definitively reject violence as a means of conflict resolution." In the medium term, it recommended a reform of the political and electoral system to allow better representation of the country’s different regions, notably rural areas, and for victims and survivors of the conflict. Furthermore, to protect the lives of those who continue to be threatened by violence, it recommended that the government urgently strengthen the Early Warning System of the Ombudsman's Office (Defensoría del Pueblo), the capacities of the Protection Unit (Unidad Nacional de Protección –UNP) and those of the Investigation Unit of the Prosecutor General's Office (Fiscalía). The report’s recommendations also included holding peace talks with the ELN, creating a Ministry of Peace and Reconciliation, reducing militarization, re-establishing relations with Venezuela, as well as other recommendations to improve the justice system, fight corruption and lead a global conversation on international drug policy.
Special Jurisdiction for Peace (in Spanish: Jurisdicción Especial para la Paz, JEP)
The Special Jurisdiction for Peace (JEP), Colombia’s transitional justice tribunal was set up to prosecute the perpetrators of crimes committed during the armed conflict between the FARC and the Colombian government. The JEP has jurisdiction over the serious Human Rights and International Humanitarian Law violations committed prior to the signing of the Peace Agreement on December 1, 2016 and in the context of the armed conflict in Colombia. It began operation in 2017.
The JEP has opened a number of “macro cases” which, instead of focusing on one specific perpetrator, deal with recurring patterns of conduct, including kidnappings committed by the FARC (Case 01), extrajudicial killings and forced disappearances committed by public forces, commonly known as “false positives” (Case 03), systematic targeting of political opponents (Case 06), recruitment and use of child soldiers (Case 07).
In 2022, the JEP opened three new macro cases: Case 08, to investigate crimes committed by members of the security forces, other state agents in association with paramilitary groups or civilian third parties; Case 09, to investigate crimes committed against ethnic peoples and territories; and Case 10, to investigate the serious crimes and breaches of International Humanitarian Law committed by the FARC, the security forces, State agents and third parties. The new cases were opened in response to victims' requests and based on nearly 1,000 reports from civil society and state entities.
The JEP also presented its prioritization strategy for Case 06 regarding the victimization of members of the Unión Patriótica (Patriotic Union), a political party founded by the FARC. According to the JEP, at least 5,733 people were killed or disappeared, and these crimes were committed in a widespread and systematic manner, mainly by state agents and paramilitary forces.
In October, in its first resolution of conclusions in Case 03, the Chamber of Recognition of Truth and the Responsibility and Determination of Facts and Conducts, concluded that a Brigadier General, five colonels and four other officers and non-commissioned officers acknowledged their responsibility for the crimes for which they had been charged.
In November, the same chamber concluded in Case 01 that the participants that formed the last secretariat of the FARC accepted their responsibility in the war crimes of hostage taking, crimes against humanity and serious deprivation of liberty, as well as other international crimes.
Ministry of Equality and Equity
In December, Colombia’s Congress approved a bill creating the Ministry of Equality and Equity, with Vice-President Francia Márquez as Minister of Equality. The Ministry will have the mandate to implement policies and programs aimed at eliminating economic, political and social inequalities to guarantee equality for those who have been “historically excluded”: women in all their diversities; LGBTI people; children and youth; ethnic communities; farmers (campesinos y campesinas); people with disabilities, families living in poverty; homeless people; elderly people; and people “living in excluded territories.”
4. Government of Canada’s Advocacy and Assistance for the Promotion 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 activities and 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.
Canada plays a leading role within the international community in Colombia on the promotion 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.
4.1 Canadian Advocacy and Engagement on Human Rights in Colombia
During 2022, Canada raised concerns with the Government of Colombia—including the new government starting in August—at various levels. Examples include highlighting the situation of marginalized and vulnerable populations, specific cases of imminent threats against members of civil society organizations and to advocate for corrective actions. Canada also continues to actively advocate for the promotion and protection of women's rights and gender equality in Colombia.
Promoting respect for and supporting human rights defenders is an integral part of the human rights work undertaken by the Embassy of Canada to Colombia. In line with Voices at Risk: Canada's Guidelines on Supporting Human Rights Defenders, Canada’s approach to supporting human rights defenders is based on three key values: 1) human rights are universal and inalienable, indivisible, interdependent and interrelated; 2) do no harm—the safety and privacy of the human rights defenders are paramount; and 3) consent—actions on specific cases should be taken with the free, full, and informed consent of the human rights defenders in question, wherever possible, or of their representatives or families, in the alternative.
Canada contributes directly to the protection of human rights defenders and social leaders in Colombia through the following programming channels: the Canada Fund for Local Initiatives (CFLI) and the Peace and Stabilization Operations Program (PSOPs). The latter provides contributions directed to the UN Multi-Partner Trust Fund and other projects focused on accessing rights to justice through the transitional justice system. In 2022-2023, one CFLI project, in partnership with Fundación Paz y Reconciliación (PARES), aimed to increase the political participation and improve the advocacy skills of 50 Afro-Colombian women from the port city of Buenaventura. Through training, the project aimed to strengthen women’s knowledge of their rights, as well as teach anti-racist and anti-patriarchal public management skills, individual and collective self-protection measures, and advocacy strategies. Another 2022-2023 CFLI project, in partnership with Fundación La Paz, trained and accompanied 240 Afro-Colombian teenage girls from Chocó in their path to self-determination, through trainings on self-protection, increased awareness of their rights and available tools and resources, and sessions with guidance counsellors to strengthen their willingness and ability to demonstrate leadership in community development.
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), the Inspector General (Procuradora General), human rights directors from the Ministries of Defence and Interior, in addition to numerous civil society organizations. Officials from ¶¶ÒùÊÓƵ also hold meetings in Canada with Colombian and Canadian civil society organizations to discuss their ongoing concerns surrounding human rights and Colombia's peace implementation, especially threats and killings of social leaders and HRDs. These meetings provide Canadian officials the opportunity to hear first-hand about the challenges facing communities in Colombia, especially in remote and rural areas.
In December, the Embassy of Canada to Colombia became Chair of the International Cooperation Gender Roundtable for 2023-2024, composed of 51 international cooperation agencies, United Nations System agencies and international NGOs. Canada is currently implementing a $5 millionFootnote 18 Women's Voice and Leadership project, which is providing financial and technical support to 15 rural, Indigenous and Afro-Colombian women's rights organizations and networks for 5 years. Gender equality is a transversal theme in all of Canada’s programming in Colombia.
In 2022, the Embassy of Canada to Colombia conducted several visits to conflict-affected regions to visit communities and meet with civil society actors and local authorities.
In March, the Ambassador met with the Presidential Advisor for Human Rights to exchange on the country’s situation and on Canada’s priorities and actions to support Human Rights in Colombia. The Political Counsellor went to the Peace Community of San José de Apartadó, Antioquia to participate in the commemoration of the 25th anniversary of this community. The Ambassador and the Head of Cooperation traveled to Cúcuta with the Gerencia de Fronteras to monitor humanitarian programming in communities affected by the migration crisis. On that occasion, they also met with 40 organizations to listen to concerns and challenges regarding the socio-economic integration of the migrants.
In April, the Ambassador met with the Commissioner responsible for the Ethnic chapter of the final report of the Commission for the Clarification of Truth, Coexistence and Non-Repetition (CEV) to exchange on areas where the international community can continue to support. Also in April, the Ambassador met with the new United Nations High Commissioner for Refugees (UNHCR) Country Representative for Colombia to discuss the UNHCR’s priorities for 2022, focussing on the socio-economic inclusion of migrants and reiterating the continued collaboration between Canada and UNHCR. Later that same month, the Ambassador and the Head of Cooperation met with the Presidential Advisor for Gender Equality to discuss priorities for the advancement of women’s and girls’ rights in Colombia.
In May, the Ambassador went to Cali to discuss the 2021 National Strike and its consequences with civil society, authorities and victims of violence at the hands of public forces. Also in May, the Ambassador, as Co-Chair of the Group of Friends of Resolution 1612, visited Cúcuta, Norte de Santander with UNICEF to meet with local authorities, organizations and young people who have demobilized from non-state armed groups, and to discuss the issue of children and armed conflict. That same month, the Head of Cooperation met with humanitarian partners in Cali that are working on the economic integration of migrants in Colombia. The Ambassador also met with a group of exiled women from the Colombian diaspora in Canada, who were victims of the armed conflicts, to discuss their contribution to the Exile Chapter of the CEV’s final report.
In July, the Ambassador and the Head of Cooperation travelled to Arauca, where they met with children affected by the conflict, and with an organization promoting the rights of transgender individuals that has received CFLI funding. The same month, the Ambassador and the Head of Cooperation met with then Colombian Vice-President-elect Francia Márquez and her team to discuss gender equality, women’s empowerment and human rights, notably the protection of human rights defenders and populations disproportionately affected by violence, such as Indigenous peoples, Afro-Colombians and the LGBTI community. Also in July, the Head of Cooperation travelled to Palmira, Valle where she met with the 15 beneficiary organizations of the GAC-funded Women's Voice and Leadership project for Colombia.
In August, the Second Secretary (Political) went to Barrancabermeja (Santander) to attend an event by the CEV and to meet with human rights defenders from the Magdalena Medio region.
In November, the Political Counsellor went to San Andrés with the Office of the High Commissioner for Human Rights to discuss the human rights situation in the archipelago with Raizal community representatives. That same month, the Second Secretary (Political) travelled to Popayán, Cauca, to meet with Indigenous and Afro-Colombian leaders, as well as women organizations. In November-December, the International Assistance Officer and humanitarian colleagues travelled to Bogotá, La Guajira and Norte de Santander, where they met with partners and project participants to discuss humanitarian challenges on food security, health, sexual and gender-based violence, conflict, migration and natural disasters. In December, the Ambassador and the Executive Director of the Andean Region Division of ¶¶ÒùÊÓƵ visited several towns in Chocó to meet with Afro-Colombian and Indigenous leaders, women leaders, victims of the armed conflict, and with local authorities.
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 from the United Nations, the Mission to Support the Peace Process in Colombia of the Organization of American States (MAPP-OAS), the International Committee of the Red Cross, and other agencies and foreign embassies.
On August 7, Maninder Sidhu, Parliamentary Secretary to the Minister of Foreign Affairs, had a meeting with the new Colombian Minister of Foreign Affairs and Peace, Alvaro Leyva Duran, during which he expressed Canada’s continued commitment to the promotion and protection of human rights in Colombia, in particular that of human rights defenders, community leaders and members of ethnic communities. On October 10, the Honourable Steven Guilbeault, Minister of Environment and Climate Change, met with the Colombian Minister of Environment, Susana Muhamad, and Colombian Minister of Mines and Energy, Irene Velez, to discuss shared priorities for the protection of the environment and biodiversity, the fight against climate change, and the wellbeing of communities.
These visits (including others conducted virtually) enable Canadian 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.
In the spirit of constructive cooperation, Canadian 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, as well as the new government’s Total Peace policy. 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 impacted by continued migration from Venezuela.
4.2 Canada's International Assistance to Colombia
Canada and Colombia share more than 40 years of collaborative engagement on development cooperation. Canada's international assistance profile in Colombia has reached more than $50 million annually since 2018 and stems from various programs.
Since 2012, Canada's total official international assistance to Colombia amounts to more than $534.7 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 affected 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. Canada’s programming is aligned with priorities identified by the Petro government particularly on gender equality and the empowerment of women, peace-building, education, inclusive rural development and climate change. Conversations are ongoing with Vice-President Francia Márquez to see how Canada can support her gender mandate, and the Program is exploring new opportunities related to agri-food systems resilience, environment and climate change.
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. In 2022-2023, an initiative was selected to pilot the Technical Assistance Partnership – Government of Canada (TAP-GoC), to strengthen the institutional capacity of the Judiciary Gender Commission in Colombia. With the expertise of Canada’s Federal Judicial Affairs (FJA), activities contribute to raising awareness and training of civil servants to monitor mechanisms for the effective implementation of gender-based and intersectional approaches. The TAP-GoC initiative responds to the demands from national-level entities in official development assistance (ODA) eligible countries through the deployment of Government of Canada experts. Aligned with the Feminist International Assistance Policy (FIAP), the program enables Canada to advance international assistance and foreign policy priorities while promoting Canadian expertise, values and leadership abroad.
See Annex 6 for select examples of international assistance programming linked to human rights promotion in Colombia in 2022.
Supporting Conditions for Lasting Peace
Canada continued delivering upon its commitment of more than $78 million in funding for peacebuilding efforts in Colombia since 2012, including providing $8.44 million in funding in 2021-2022. These efforts include:
- 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, rural education, and peace implementation.
- Contribution by the Peace and Stabilization Operations Program (PSOPs) of $43.4 million to peace implementation projects in Colombia since 2016, including $8.1 million in 2022. Programming includes strengthening of national demining capacity and the delivery of mine risk education to affected communities, support to 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 OAS-MAPP 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 $5.5 million contribution for 2019-2022 (totalling $25.5 million since 2016) supporting the implementation of thematic and territorial priorities related to the peace agreement, as defined by the Government of Colombia. These include integral reparation for victims, guarantee for truth, justice, and non-repetition, security guarantees for human rights defenders and human rights organizations, gender equality and women's empowerment, mine action and communication at the territorial level of progress regarding stabilization and peace consolidation.
In 2022, Canada took careful note of the various concerns expressed by the international community and Colombian civil society of delays in implementing promised peace programs, review of key provisions of the peace agreement 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. In 2022, the first Canadian Women, Peace and Security Award for Civil Society Leadership (for year 2021) was awarded to a Colombian Indigenous Women’s organization, Tejido Mujer.
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 that 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 (WVL) project in Colombia and has incorporated self-protection training for women social leaders. In 2022, the project partnered with Protection International, who delivered specific training on risk analysis and self-protection strategies to rural, indigenous and Afro-Colombian leaders from 15 women’s rights organizations and networks supported by WVL.
Canada is working to leverage private sector relationships and civil society expertise to bring economic opportunities to rural, conflict-affected areas, targeting women and underemployed youth. These efforts are employing proven models for agricultural cooperatives and rural financing. Canada is currently implementing an innovative results-based payments project with cacao producers in conflict-affected areas that provides licit economic opportunities and improved livelihoods for rural producers in a growing economic niche. In 2022, it started implementing the Catalyzing Impact Investment for Development in rural Colombia project, designed to help improve sustainable livelihoods, economic well-being and influence of rural women and youth in post-conflict and poverty-stricken areas of the country.
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. Discussions are also underway since 2022 to assist the Colombian government in developing its own National Action Plan on Women, Peace and Security.
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. Since 2019, Canada has provided over $180 million in humanitarian, development and security assistance to respond to this crisis, both within Venezuela and across the LAC region, of which $78 million supported Venezuelan refugees and migrants and host communities in Colombia. This includes investments in migrant education as a follow up to Canada's G7 Charlevoix commitments. In 2022, Canada pursued the implementation of new 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 continues to participate with Colombia in the Global Concessional Financing Facility (GCFF), which provides development support to middle-income countries impacted by refugee crises across the world. 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
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 ¶¶ÒùÊÓƵ has established a $50 million project (2021-2023) 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 vaccines to Venezuelan migrants. For this project, $7.8 million has been directed to Colombia. Canada’s Global Initiative for Vaccine Equity (CanGIVE) efforts in Colombia, amounting to $10.5 million, is focused primarily on scaling up vaccine delivery and increasing vaccine confidence and demand, particularly amongst migrant populations during 2022-2024.
4.3 Canada’s Promotion of Inclusive Trade in Colombia
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 2022, Canada provided financial and on-site support to the World Indigenous Business Forum held in Villavicencio, Colombia to promote trade and investment opportunities among the world’s indigenous communities. Additionally, Canada's responsible business conduct (RBC) policy was actively promoted at industry events, including events focused on human rights and gender equality, as well as participation in fora such as Women in Technology, Women in Mining and Women in Oil and Gas.
Canada is deepening cooperation with Colombia on inclusive trade, specifically on trade and gender through the Global Trade and Gender Arrangement (GTAGA). Colombia joined GTAGA on June 13, 2022, as a means to work closely with Canada and other members (Chile, Mexico, New Zealand, and Peru) to promote gender responsive trade policies and advance gender equality and women’s economic empowerment. Canada would also welcome Colombia joining the Inclusive Trade Action Group (ITAG) and the Indigenous Peoples Economic and Trade Cooperation Arrangement (IPETCA).
4.4 Canada's 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 driving 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 sustain development gains of recent decades, 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 by strengthening human capital (health and education), 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 Technical Assistance Partnership – Expert Deployment Mechanism (TAP-EDM) responds to the demands from national-level entities in ODA-eligible countries through the deployment of Canadian experts from Canadian civil society, academia, and the private sector. Aligned with the FIAP, the program enables Canada to advance international assistance and foreign policy priorities while promoting Canadian expertise, values and leadership abroad. In 2022, Colombia’s Ministry of Mines and Energy received technical assistance to mainstream a gender-based approach, seeking to strengthen technical capabilities, leadership skills and inclusion of women in the mining-energy sector.
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. To this effect, the EDM project in Colombia, which runs from 2018-2025, has delivered training workshops and organizational support aimed at promoting trade benefits to women entrepreneurs, Indigenous people, Afro Colombians, and other marginalized groups. This includes: raising awareness of gender equality and social inclusion considerations in government procurement; undertaking a needs assessment survey of programs and services offered by the National Association of Exporters of Colombia (ANALDEX) affiliates to identify opportunities for advancing gender equality and social inclusion; a training and business guide for agricultural producer associations (41% female participation) on export development, including improving access and knowledge for groups of women, Indigenous people, and vulnerable communities; and e-commerce training and a business guide to expand access to export-oriented economic opportunities for SMEs, particularly those led by women, Indigenous people or other marginalized groups. In October 2022, ProColombia and Canada implemented the organic foods certification training program, designed to strengthen Colombian Trade Support Organizations (TSO) awareness of the Canadian market opportunities and certification requirements.
Women in Trade for Inclusive and Sustainable Growth (WIT) is a 5-year (2019-2024), $14.6 million project, facilitated by the Trade Facilitation Office (TFO Canada), with a contribution of $11.7 million from ¶¶ÒùÊÓƵ in 24 countries. WIT seeks to contribute to inclusive growth by increasing the number of women from developing countries involved in international trade as exporters, increasing the share of exports generated by women-led Small and Medium Enterprises, and addressing the main constraints faced by women exporters such as lack of market knowledge, skills, resources and networks to access global trade. In 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 organic certified panela, fresh avocado, aromatics, fresh pineapple and healthy snacks. The project also supports the services sectors targeting the Canadian market while benefiting 100% women-led SMEs offering software, videogames, animation and audiovisual products. Through a Memorandum of Understanding between ProColombia and TFO Canada, selected Colombia SMEs have access to training opportunities on export plan elaboration, environmental practices, digital marketing and e-commerce, among other topics.
The Pacific Alliance (PA) 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 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.
5. Government of Canada’s Approach to Responsible Business Conduct and the Evaluation of Commercial Transactions on Human Rights
5.1 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 in all their operations abroad and adopt best practices and internationally respected guidelines on RBC. In April 2022, Canada’s new RBC Strategy for Canadian companies active abroad was launched: Responsible Business Conduct Abroad: Canada’s Strategy for the Future. The 5-year strategy (2022-2027) strengthens Canada’s 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. The new strategy applies to all Canadian companies active abroad, regardless of size, sector or scope and reaffirms Canada’s expectation that Canadian companies contribute to sustainable development and support Canada’s commitments to human rights by integrating responsible business practices throughout their operations, including international supply chains. 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 2022 included:
Dividends for Gender Equality Initiative: The Embassy of Canada to Colombia partnered with the International Financial Corporation, the Colombian Mining Association and Women in Mining Colombia to deliver a series of workshops in order to provide over 60 participants with the tools to include a gender lens in their work in the extractive sector. The workshops were based on the "Unlocking Opportunities for Women and Business" document, which is meant to provide a toolkit of actions and strategies for oil and gas, and mining companies.
b) Canada's Collaboration with Colombia
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) 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 the operations of companies in, or from, adhering countries. Canada and Colombia regularly engage on RBC issues as members of the OECD’s Working Party on Responsible Business Conduct.
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 [report only available in Spanish] 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.
c) Dispute Resolution
There are two mechanisms in Canada that can facilitate non-judicial dispute resolution concerning the conduct of Canadian companies abroad:
- National Contact Point (NCP): Established in 2000, as part of Canada’s commitment to the OECD Guidelines for Multinational Enterprises, the NCP can facilitate dispute resolution concerning alleged non-observance of the Guidelines by multinational enterprises operating in or from Canada. The NCP applies to all sectors. Canada’s NCP did not handle any cases related to Colombia in the period between January 1 and December 31, 2022. It is important to note that the Republic of Colombia also adheres to the OECD Guidelines and maintains its own NCP for enterprises operating in or from its territory.
- The Canadian Ombudsperson for Responsible Enterprise (CORE) has a mandate to promote respect for human rights and responsible business conduct with Canadian companies that operate overseas in the garment, mining and oil and gas sectors. The CORE also has a complaints mechanism through which impacted individuals, workers, groups and those that represent them can submit complaints about possible human rights abuses resulting from Canadian company operations abroad in the CORE’s three sectors. Complaints can be submitted to the CORE , by email, by telephone or by mail. In addition to reviewing complaints, the CORE can also undertake reviews at its own initiative. The CORE may also offer informal dispute resolution services to Canadian companies. Between January 1 and December 31, 2022, the CORE did not receive any admissible complaints related to the activities of Canadian companies in Colombia. In April 2022, the CORE briefed Canadian Embassy staff in Bogota on the CORE’s mandate in order to support the Embassy’s ongoing promotion of human rights and responsible business conduct with Canadian companies operating in Colombia.
5.2 Canada’s 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, ¶¶ÒùÊÓƵ 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, serious acts of gender-based violence, or serious acts of violence against women and children.
The Andean Region Division at ¶¶ÒùÊÓƵ contributes to the review of export control requests related to Colombia. These requests are evaluated on a case-by-case basis in consultation with the Embassy of Canada to Colombia’s trade and political sections and any other relevant divisions or officers. In addition to the aforementioned ATT assessment criteria, analysis includes consideration of the impacts on peace and security in Colombia.
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.
5.3 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.
has published all documents related to its Environmental, Social and Governance Policies on its website. Documents include:
- Environmental and Social Risk Management Policy
- Human Rights Policy
- Due Diligence Framework: Human Rights
- Climate Change Policy
- Due Diligence Framework: Climate Change
6. The Canada-Colombia Trade Relationship
The Canada-Colombia trade relationship has strengthened under CCOFTA, which entered into force on August 15, 2011.
In 2022, total bilateral merchandise trade between the two countries was valued at $3.2 billion, an increase of 38.7%Footnote 19 from the $2.3 billion in 2021, and an increase of 81.3% from the $1.77 billion in 2019, prior to the pandemic. This growth was mostly driven by an increase in Canadian imports from Colombia.
Canada's imports from Colombia reached a peak of $1.88 billion in 2022, which is 44.4% larger than its level of $1.3 billion in 2021. Canada's top import products in 2022 were petroleum and coal products, coffee, gold, cut flowers and bulbs, and fruits and nuts. Petroleum and coal products accounted for nearly 40% of total imports from Colombia, while coffee represented 26.2% of imports, and gold made up 8.1% 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 $744.9 million in 2022, which is 44.2% above their level of $516.5 million in 2021.Footnote 20 Gold products also saw a significant increase, rising from $18.5 million in 2021 to $152.3 million in 2022, an increase of 723.7%.
Canada's exports to Colombia increased by 31.4% – from $1.0 billion in 2021 to $1.32 billion in 2022. Canadian exports to Colombia covered a broad range of products including cereals (wheat), fertilizers, vegetables, nuclear reactors, boilers, machinery and mechanical appliances, and paper.
7. Canada’s Actions under the CCOFTA Implementation Act in 2022
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.
7.1 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, 2022, are in Annex 2.
7.2 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, 2023, Canada reduced the tariff on refined sugar from $6.17/ton to $4.11 (compared to the MFN tariff, which is $30.86/ton). This tariff will be reduced again in 2024 and will be 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.
8. Trade Gains under the CCOFTA
Overall, the CCOFTA has had a positive effect on Canada-Colombia bilateral trade. Canada and Colombia bilateral merchandise trade grew to $3.2 billion in 2022, an increase of approximately 135.6%Footnote 21 or $1.84 billion from 2010, the year prior to the entry into force of the CCOFTA.
8.1 Canadian Exports to Colombia
Canada has experienced solid growth in its merchandise exports to Colombia since the CCOFTA entered into force in 2011. In 2022, Canadian merchandise exports to Colombia were valued at $1.32 billion, up by 105.9% from $642.3 million in 2010.
8.2 Canadian Imports from Colombia
In 2022, Canadian merchandise imports from Colombia were valued at $1.88 billion, up by 162.2% from $717.3 million in 2010, making Colombia Canada's fourth largest import source in South America.
8.3 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.
Figure 1: Bilateral Trade between Canada and Colombia in 2010 and 2019-2022, millions
Data: Statistics Canada
Source: Office of the Chief Economist, ¶¶ÒùÊÓƵ.
Text version
2010 | 2019 | 2020 | 2021 | 2022 | |
---|---|---|---|---|---|
Imports | 717.3 | 830.5 | 848.9 | 1,302.5 | 1,880.5 |
Exports | 642.3 | 935.8 | 790.5 | 1,006.2 | 1,322.4 |
Trade Balance | -75.0 | 105.3 | -58.4 | -296.2 | -558.1 |
9. Canada’s Actions under the Agreement on Labour Cooperation and Environment Agreement
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 Labour Cooperation Agreement and the Environment Agreement, as well as through special programming directly related to its free trade relationship with Colombia.
9.1 The Agreement on Labour Cooperation
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 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 Agreement on Labour Cooperation 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 Agreement on Labour Cooperation 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 Agreement on Labour Cooperation
Projects
The provisions of the Agreement on Labour Cooperation are complemented by concrete actions to address the labour situation in Colombia, notably through labour-related information sharing and technical assistance (TA). In 2022, two technical assistance projects supported Colombia’s Ministry of Labour’s efforts to implement the Canada-Colombia Action Plan signed in 2018 (see Annex 3 for details). Since the coming into force of the Agreement on Labour Cooperation, the Government of Canada, through the Labour Program of Employment and Social Development Canada (ESDC), has focused on capacity-building, carried out project monitoring missions, and sought other opportunities to foster relationships and encourage effective implementation of the labour obligations under the Agreement on Labour Cooperation. 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 Agreement on Labour Cooperation, 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.
Public Communications
The Agreement on Labour Cooperation also allows for complaints, 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 2022, 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- (See Annex 3 for examples)
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 2023 to take stock of progress to date and set out the path going forward.
9.2 The Environment Agreement
The Canada-Colombia Agreement on the Environment (Environment Agreement), signed in parallel to the 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 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 environmental 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 Environment Agreement provides a framework within which to address key environmental issues of joint interest 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. Canada hosted the last meeting of the Committee on the Environment, on May 16, 2018 in Gatineau, Quebec. At this meeting, Canadian and Colombian officials reviewed the bilateral and regional initiatives carried out within the Environment Agreement’s framework, undertook a policy dialogue on environmental priorities, and began work on setting priorities for future cooperative activities. The discussions prioritized the following areas for cooperation: 1) chemicals management; 2) conserving biodiversity; 3) mitigating environmental impacts of mining; and 4) management and reduction of forest fires. Colombia will host the next meeting of the Committee on the Environment.
Projects
With the goal of promoting high levels of environmental protection, the Environment Agreement provides a framework within which to undertake environmental cooperation activities aimed at supporting its objectives and obligations, typically through technical exchanges and information sharing. Under the Environment Agreement, both countries have implemented projects of joint interest in the areas of climate change, biodiversity conservation, clean technologies, chemical management, the electrification of transportation, and Pollutant Release and Transfer Registers, among others.
Projects funded through Climate Finance
In 2022, Canada continued to implement its $5.3 billion climate financing commitment 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. Canada’s climate finance commitment also supports developing countries in the fight against climate change and biodiversity loss. This commitment builds on the success of Canada's previous $2.65 billion climate finance support, which was 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), a $223.5 million contribution to the second phase of the Canadian Climate Fund for the Private Sector in the Americas (C2F) and its $74 million contribution to the 8th replenishment of the Global Environment Facility (GEF)Footnote 22. 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 practices in La Mojana, one of the poorest and most climate vulnerable regions in Colombia.
Moreover, Environment and Climate Change Canada announced a $4.5 million program from 2022 to 2026 to continue to strengthen climate measurement, reporting and verification (MRV) system capacity in the Pacific Alliance (regional initiative between Chile, Colombia, Mexico and Peru), specifically for climate finance, mitigation action, and carbon pricing.
This builds on a previous $1.6 million investment from 2017 to 2022 to enable Pacific Alliance member countries to build the domestic capacity to harmonize and improve the effectiveness of their national climate MRV systems and to use those results to define regional priorities to make progress toward their Nationally Determined Contributions (NDCs) under the Paris Agreement. Building on this past success, this new project will enable Pacific Alliance member countries to make effective economy-wide decisions on climate actions, put a price on carbon, access international carbon markets, and mobilize public and private investments to achieve the goals of the Paris Agreement. It supports countries’ efforts toward becoming a more competitive and inclusive region and deepens our mutual commitment to inclusive trade (see Annex 4 for project details).
10. 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.
10.1 Public Consultations
On February 17, 2023, the Government of Canada launched a public consultations process calling for written submissions in English, French or Spanish to inform the analysis of this report and to provide written feedback regarding the adjustments that have been made to the format, content and methodology of the report over the past two years (see Annex 5).
The public call for submissions was posted online on the ¶¶ÒùÊÓƵ website, the Consultations of Other Types of Agreements and Initiatives page and on the website, all for a period of 4 weeks. The public consultation was also promoted via social media through the official Canada Trade channels (Twitter, Facebook, LinkedIn), as well as the official channels of the Embassy of Canada to Colombia (Twitter and Facebook). Key stakeholders also notified directly of the public call for submissions through e-mail. The Government of Canada received no written submissions.
10.2 Consultations with Provinces and Territories
The Government of Canada consulted with provincial and territorial governments on whether any of their respective human rights commissions (or equivalent bodies) had raised or received any comments, questions or expressions of concern regarding any effects on human rights in Canada related to Canada's tariff reductions under the CCOFTA during the period January 1 to December 31, 2022. The Government of Canada received feedback from eight provinces (Alberta, British Columbia, Manitoba, Ontario, Québec, New Brunswick, Prince Edward Island, and Newfoundland and Labrador) indicating that none of their human rights commissions (or equivalent bodies) had raised or received any comments or expressions of concern. Since the entry into force of CCOFTA on August 15, 2011, no concerns have been registered via these mechanisms.
11. 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.
As has been the case in previous years, the 12th annual report is unable to demonstrate that any actions taken by the Government of Canada in 2022 through the implementation of the CCOFTA (i.e. tariff reductions related to the CCOFTA as well as actions taken under the Agreement on Labour Cooperation or the Environment Agreement) have had a direct impact on human rights in Canada or Colombia.
Annexes
Annex 1: Canada's Merchandise Trade with Colombia, 2001-2022, millions.Footnote 23
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 | 848.9 | 790.5 | -58.4 | 1,639.3 |
2021 | 1,302.5 | 1,006.2 | -296.2 | 2,308.7 |
2022 | 1,880.5 | 1,322.4 | -558.1 | 3,202.9 |
Source: Statistics Canada
Annex 2: Actions taken by Canada under the Canada-Colombia Free Trade Implementation Act
Clause Number | Short Description of Clause | Actions taken by Canada for Free Trade Agreement Implementation in 2021 |
---|---|---|
1 | Short Title | None |
2-5 | Interpretation | None |
6 | Crown bound by the legislation | None |
7 | Purpose | None |
8 | No cause of action except for investor-state dispute settlement and Part three and Annex Four of the Agreement on Labour Cooperation | None |
9-15 | Implementation of CCOFTA, Labour Cooperation Agreement and Environment Agreement | None |
16-22 | Inquiries under the Canadian International Trade Tribunal Act | None: no disputes to date |
23 | Arbitration related to violations of the Investment chapter under the Commercial Arbitration Act | None: no disputes to date |
24 | Compliance enforcement of the Labour Cooperation Agreement under the Crown Liability and Proceedings Act | None |
25-29 | Application of the Customs Act | None |
30-42 | Changes to the Customs Tariff | Reduction of customs duties on goods according to staging categories |
43 | Monetary assessment relating to Labour Cooperation Agreement disputes under the Department of Employment and Social Development Act | None |
44-46 | Emergency action safeguard under the Export and Imports Permits Act | None |
47 | Governance of crown corporation under the Financial Administration Act | None |
48 | Entry into force date | None for purposes of the Annual Report exercise |
Annex 3: Activities under the Canada-Colombia Labour Cooperation Agreement
This section includes cooperation projects undertaken by Canada with Colombia, which began in 2019 and were implemented throughout 2022.
Institutional Strengthening to Promote Compliance with Labour Rights in Colombia (2019-2023)
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, project activities concluded in February 2022. 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, notably to address issues related to the effective exercise of the rights of freedom of association and collective bargaining. The study was shared with Colombian Ministry of Labour officials to further discussions among Colombian labour stakeholders.
Annex 4: Activities under the Canada-Colombia Agreement on the Environment
This section includes a selection of environmental cooperation activities undertaken by Canada with Colombia.
Bilateral Support for Implementation and Achievement of Nationally Determined Contributions (NDCs) in the Pacific Alliance (2022-2026)
Support provided: $4.5 million
Canada provides support for the implementation and achievement of Nationally Determined Contributions (NDCs) in the Pacific Alliance through increasing measurement, reporting and verification (MRV) capacity.
Following the June 2017 in which the Pacific Alliance reaffirmed its support for the Paris Agreement and commitment to intensify efforts to strengthen MRV systems of Greenhouse Gases (GHG) and Short-Lives Climate Pollutants (SLCPs) in the region, Canada announced $1.6 million in 2017 to increase domestic capacity to harmonize and improve the effectiveness of their national climate MRV systems. Additional funding of $1.9 million was invested in 2019 to support South-South cooperation on MRV within and between the Pacific Alliance and West Africa.
Supported by Canada, 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 enable 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.
Building on this past success, Canada announced a $4.5 million investment from 2022 to 2026, to strengthen MRV system capacity in the Pacific Alliance for carbon pricing, MRV of mitigation action, and MRV of climate finance. This project aims at accelerating climate mitigation strategies to implement NDCs, increase credibility by ensuring transparency, accuracy, and comparability of information, and mobilize investments necessary to achieve the goals of the Paris Agreement.
Regional Workshop on Climate Change and the Electrification of Transportation*
Support provided: $15,400
On March 23-24, 2022, Canada and Mexico virtually hosted the Regional Workshop on Climate Change and the Electrification of Transportation, which aimed to profile regional ambition in the development of net-zero transportation and encourage regional cooperation in the implementation of policies and measures that support the electrification of road-transportation vehicles. The event included the participation of over 150 participants from 21 countries, including officials from Colombia’s Ministries of Environment and Sustainable Development, and Mining and Energy, in addition to Colombia’s National Development Federation.
*Denotes programming also benefitting regional partners besides Colombia.
Ministerial Trip to South America (Colombia, Chile and Argentina)*
Support provided: N/A
An Environment and Climate Change Canada (ECCC) delegation, led by the Honourable Steven Guilbeault, Minister of Environment and Climate Change, visited three key partner countries: Colombia, Chile, and Argentina October 9-16, 2022. In Colombia, Minister Guilbeault held meetings that highlighted the importance of maintaining collaboration on environmental priorities, including climate change, biodiversity conservation, renewable energy and clean transportation, and the need for a close partnership to support global ambition for the 15th Conference of the Parties (COP15) to the United Nations Convention on Biological Diversity, held in December 2022 in Montréal, Canada. During his visit, Minister Guilbeault met with Susana Muhamad, Colombia’s Minister of Environment and Sustainable Development, Irene Velez Torres, Colombia’s Minister of Mines and Energy, in addition to representatives from civil society, the private sector and Indigenous and Afro-Colombian communities.
*Denotes programming also benefitting regional partners besides Colombia.
Annex 5: Public Consultations
Public Consultations: Call for submissions regarding Canada’s Annual Report on Human Rights and Free Trade Between Canada and the Republic of Colombia
Current status: Closed
Opened on February 17, 2023 and closed on March 17, 2023.
Consultation description
- The Government of Canada is seeking the input of interested stakeholders pursuant to the .
- This unique agreement requires that Canada and Colombia each draft an annual report for tabling in their respective legislatures on the impacts on human rights in Canada and Colombia of actions taken under the Canada-Colombia Free Trade Agreement (FTA).
Purpose of consultation
- Interested stakeholders are invited to provide written submissions to help inform the analysis of the impact of the actions taken under the Canada-Colombia Free Trade Agreement Implementation Act for the Government of Canada’s 12th annual report. The 12th annual report will cover the period from January 1 to December 31, 2022.
- The Government of Canada is also interested in receiving written feedback regarding the adjustments that have been made to the format, content and methodology of Canada’s annual reports over the past two years.
Who should participate?
This consultation is open to the public and everyone is invited to share their ideas.
The Government of Canada invites any stakeholder with an interest in the impact on human rights in Canada and Colombia of actions taken by the Government of Canada under the Canada-Colombia Free Trade Agreement to provide input.
¶¶ÒùÊÓƵ would like to hear from:
- the general public
- civil society organizations
- academia
- Indigenous groups
- national and provincial industry associations
- micro, small, medium and large enterprises
- national, provincial, territorial and regional associations
- other interested stakeholders
It is important to have a breadth and diversity of views represented through this consultation process.
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
How to participate?
Submissions can be sent by e-mail with the subject “Public Call for Submissions - Annual Report on Human Rights and Free Trade between Canada and the Republic of Colombia” to: NLA@international.gc.ca
Submissions must be sent by Friday, March 17, 2023.
Related information
The Canada-Colombia Free Trade Agreement (FTA) also includes the Agreement on Labour Cooperation between Canada and the Republic of Colombia, and the Agreement on the Environment between Canada and the Republic of Colombia under its parameters. These agreements entered into force on August 15, 2011.
All of Canada’s previous annual reports on Human Rights and Free Trade are available online: Annual report on Human Rights and Free Trade between Canada and the Republic of Colombia.
Contact us
Andean Region Division (NLA)
¶¶ÒùÊÓƵ
125 Sussex Drive
Ottawa ON K1A 0G2
NLA@international.gc.ca
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:
- Increasing equitable access (enrollment and retention) to safe, quality, gender-responsive education for crisis-affected girls;
- Improving equitable provision of safe, quality, gender-responsive primary and lower secondary education for girls; and
- Improving policy planning, implementation and coordination in Colombia for safe, quality and gender-responsive education for girls along the border region.
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: Soacha, Bogotá, Medellín, Cali, Cartagena, Barranquilla, Buenaventura and Quibdó.
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 is supporting the training and economic integration of Venezuelan migrants in Colombia.
United Nations Multi-Partner Trust Fund for Post-Conflict in Colombia (2016-2023)
Support provided: $25.5 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 (2016-2023)
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, 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.
Budgeting for Equality: an Alliance for Public Management Planning with a Gender Perspective (2022-2024)
Support provided: $1 million
This initiative contributes to promote women’s and girl's rights in Colombia and to close the gender gaps exacerbated by the pandemic, by supporting the systematic and sustainable integration of gender quality considerations into national and local planning and budgeting processes. It will help strengthen the capacity of women’s rights organizations to advocate for the inclusion of their recommendations in the new National Development Plan 2022-2026 and effectively monitor the gender budget tracker; include the gender budget tracker in the next National Development Plan and key policy instruments to account for the resources allocated by the State to guarantee women’s rights and gender equality; and pilot the gender budget tracker in selected municipalities.
Education for Venezuelan and Host Communities, Girls, Boys and Adolescents in Colombia, Ecuador & Peru (Education Cannot Wait) (2022-2025)
Support provided: $9 million ($3,025,000 for Colombia)
This project supports an inclusive response to the Venezuelan refugee and migrant situation through tailored technical assistance to the governments of Colombia and Peru.
Technical Assistance for the Implementation of Policy and Programmatic Responses for the Socio-Economic Integration of Venezuelan Migrants in Colombia and Peru (2022-2023)
Support provided: $4 million ($2,700,000 for Colombia)
This project supports an inclusive response to the Venezuelan refugee and migrant situation through tailored technical assistance to the governments of Colombia and Peru. It is linked to the World Bank’s Human Rights, Inclusion and Empowerment Multi-Donor Trust Fund.
ELLA: Empowerment, Local Leadership & Accountability for Venezuelan & Host Community Adolescent Girls and Young Women (2022-2025)
Support provided: $9 million ($3,454,245 for Colombia)
This project enhances Sexual, Reproductive Health and Rights (SRHR) for women and girls from Venezuela and host community members in Colombia, Ecuador and Peru.
Protection and Socioeconomic Inclusion for Venezuelan Children and Adolescents on the Move (2022-2024)
Support provided: $5 million ($1.5 million for Colombia)
This project aims to increase protection of Venezuelan girls, boys and adolescents on the move through improving national protection mechanisms and increasing access to protection services.
Supporting OAS Member States’ Efforts to Prevent, Investigate and Counter Criminal Activity linked to the Exploitation of Venezuelan Refugees and Migrants (2022-2024)
Support provided: $1,999,265 ($333,211 for Colombia)
The project seeks to strengthen border management practices in order to increase the detection of irregular movements of goods and people, with a focus on criminal activities such as human trafficking and migrant smuggling.
IDB Migration Grant Facility (2022-2024)
Support provided: $8 million ($2.24 million for Colombia)
This project aims to support governments and municipalities in the Latin America and Caribbean region hosting Venezuelan refugees and migrants, through technical assistance to enhance the socio-economic integration of this population into host communities. Individual projects currently under negotiation.
PRO-RIGHTS: Promoting the Rights of Venezuelan Refugees and Migrants in Latin America and the Caribbean (2022-2025)
Support provided: $2,282,215 ($1,095,463 for Colombia)
The PRO-RIGHTS project takes an intersectional approach to address the needs of the Venezuelan migrant and refugee population. In Colombia, it strengthens the capacity of governments and Civil Society Organizations (CSOs) to prevent and respond to sexual exploitation, particularly of children in virtual settings and in trafficking contexts. At the regional level, it seeks to improve access to protection and support by Victims of Human Trafficking in countries hosting Venezuelan refugees and migrants, and conducts prevention of sexual exploitation and abuse (PSEA) capacity assessments and provides mentorship to civil society organizations to prevent, mitigate the risks of, and respond to SEA.
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. 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:
- more efficient and improved management of financial mechanisms focused on rural women and youth;
- more effective delivery of financial services to women and youth, and;
- 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).
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.
C.R.E.C.E Mujer (2019-2022)
Support provided: $1,998,788
Increasing women's economic empowerment is the ultimate goal of the C.R.E.C.E Mujer (Economic Growth and Entrepreneurial Skills Development for Women) project, which took place over three years in the Sucre region of Colombia. This project is motivated by the needs of women to receive better training and support services for the creation and growth of their business, to increase their participation in economic decision-making and to strengthen their entrepreneurial skills in business start-up and growth to ensure the sustainability and growth of their business project, and thus increase the possibilities of economic empowerment by reducing poverty.
Women in Trade for Inclusive Growth (2019-2024)
Support provided: 12 million total ($236,330 for Colombia)
The project aims to increase the number of women from developing countries involved in international trade as exporters and aims to increase the share of exports generated by women-led small and medium enterprises (SMEs). The project seeks to address the main constraints faced by women exporters including limited skills, resources and networks to be able to access global trade markets, and low levels of involvement as members and leaders of trade support institutions. The project aims to focus on particular sectors, including fresh fruits and vegetables, processed foods, and niche market artisan products and services, as there are favourable opportunities for employment creation for women in these sectors.
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 four 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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