The Bilateral Agreement for the Promotion and Protection of Investments between the United Kingdom and Colombia

Lord Monks Excerpts

Wednesday 30th July 2014 Grand Committee

Colombia is listed as one of the countries of concern in the annual FCO human rights report. Instead of promoting policy changes to improve human rights, the bilateral agreement could obstruct Colombia’s ability to promote policies that achieve improvements in human rights. Given the record levels of UK investments in Colombia, there was simply no need for this treaty in the first place. Ministers should give further thought to the consequences of its ratification, along with the ethical implications of its promotion.

[Lord Monks (Lab)]

My Lords, I start by declaring an interest. I am vice-president of Justice for Colombia and play an active role and take an active interest in that country. I also thank my noble friend Lord Stevenson for having the wit to initiate this debate on something that should not go through Parliament quietly in a way that has hitherto been the case. I share the concerns about this treaty expressed by all previous speakers. I am first rather puzzled about why it is so necessary, especially in view of the EU-Colombia trade talks which have been going on. In a previous life, when I was general-secretary of the European trade unions in Brussels, I was involved in making sure that social and environmental concerns were properly covered in that arrangement.

This rather more liberal agreement—liberal in the economic sense—sits oddly with the EU trade treaty. As has been said, Colombia remains a dangerous place for many of its citizens, including many from the trade union world. Until recently, it was the most dangerous place in the world to be an active trade unionist, at risk from one or other groups of paramilitaries. In 2013, 78 human rights activists were killed, an increase over the previous years. The Colombian Government are active in saying that things are getting better—we hope they are—but the past year has seen a lot of trouble, with mass unrest and big strikes across the country. These have been particularly in the agricultural sector, where there have been serious clashes with the police, with 27 dead just last summer.

I want to see the Colombian peace talks do well in Havana. The peace process there draws some useful lessons from our experiences in Northern Ireland. However, as the noble Lord, Lord Alton, said, Colombia has the largest number of displaced people in the world, according to the UNHCR, largely the result of land-grabbing by various paramilitary-backed forces. This brings me to the new treaty protecting foreign firms which invest from the danger of expropriation or other changes which might damage their investment. What could sound more benign than that? Except that Colombia is not a benign place—it is still in turmoil and this need, in terms of the peace process, to restore at least 2.5 million hectares of land to people from whom it has wrongly been taken seems to sit awkwardly with the provisions of this treaty. The treaty could make it a lot harder to restore land to those who originally owned it: for example, where stolen land has been sold to a Western company. What does the treaty have to say about that? Where is the balance of advantage and whose interests will predominate in those circumstances? I would be very interested to hear the Minister’s views on that problem.

The risk that this could limit the application of the peace agreements is considerable. Everyone needs to remember that paramilitaries continue to operate, even though the peace talks are under way. The implication in this of putting British investment interests above human rights and possibly even above that peace process sends a very serious message. I hope that the Government will find ways, as has been suggested by my noble friend Lord Stevenson and others, to reflect on the application of this agreement, even if it is too late to change it.