US embassy cable - 05BRASILIA1396

C O N F I D E N T I A L BRASILIA 001396 
 
SIPDIS 
 
E.O. 12958: DECL: 05/24/2015 
TAGS: PREF, SMIG, BR, Bilateral Relations with the US 
SUBJECT: BRAZIL DECLINES GUANTANAMO MIGRANTS 
 
REF: A. 04 STATE 305348 
     B. 04 STATE 139422 
     C. 04 BRASILIA 633 
     D. STATE 86436 
 
Classified By: POLOFF BISOLA OJIKUTU FOR REASONS 1.4 B AND D 
 
1. (U) On May 20, PolOff delivered reftel and talking points 
to Brazil's Ministry of External Relations (MRE) 
International Organizations Division (DOI) and the Human 
Rights Divisions (DDH).  PolOff also delivered reftel talking 
points to UNHCR representative in Brasilia Luis Varese. 
PolOff's requests for a meeting with the Brazilian National 
Committee for Refugees (CONARE) were refused because CONARE's 
position has not changed since reftels A through D. 
 
2. (C) Officials from DDH, DOI, and UNHCR confirmed that the 
GOB's position regarding this issue has not changed since 
2003 and will likely not change in the foreseeable future. 
The GOB still contends that it cannot accept Guantanamo 
migrants because it is illegal to designate someone not on 
Brazilian soil a refugee.  Despite multiple requests, PolOff 
did not receive a response regarding the USG's offer to pay 
for transportation for GOB resettlement officials to travel 
to Guantanamo. (Comment:  Based upon Brazilian legislation 
and CONARE's strong stance against the USG's proposal, PolOff 
does not believe that the GOB will accept this arrangement. 
End Comment) 
 
3. (C) DDH Office Director Marcia Ramos told PolOff that the 
GOB's close relationship with the Cuban government would make 
it impossible for the GOB to accept Cuban refugees.  When 
PolOff asked if the GOB would consider accepting Haitian 
migrants only, Ramos said that due to Brazilian legislation, 
the GOB could not accept any migrants from Guantanamo Bay. 
 
4. (C) UNHCR representative Luis Varese was more forthcoming 
in providing concrete answers to explain the GOB's position. 
(Note: Varese is a CONARE member and has one vote on the 
board.  End note.)  Varese told PolOff that refugee status in 
Brazil is usually granted after the refugee has been 
recognized by the host country (in this case, the U.S.). 
According to Varese, the GOB and CONARE believe that the 
migrants at Guantanamo Bay do not fit into this category 
because the USG has not "formally recognized" them as 
refugees.  If they were formally recognized, CONARE believes, 
the USG would allow them to resettle in the U.S. so 
resettlement would not be an issue.  Varese told PolOff that 
the "formal recognition" issue caused the GOB to reject the 
USG's proposal in 2003.  He also told PolOff that CONARE's 
position would "probably not change" in the future. 
 
Comment 
------- 
5. (C) All attempts to discuss this issue with GOB and CONARE 
officials were flatly refused or accepted begrudgingly.  In 
addition, this issue has been raised on numerous occasions 
and at a variety of levels, including U/S Grossman, since 
2003.  Given Brazilian legislation and Varese's comments, it 
does not appear that CONARE or the GOB will change their 
position on this issue. 
 
DANILOVICH