US embassy cable - 05BRASILIA2767

C O N F I D E N T I A L BRASILIA 002767 
 
SIPDIS 
 
E.O. 12958: DECL: 10/14/2015 
TAGS: MOPS, PREL, PTER, PHUM, PREF, PINR, BR, Human Rights, TIP 
SUBJECT: BRAZIL: REQUEST FOR RESETTLEMENT ASSISTANCE FOR 
DETAINEES AT GUANTANAMO 
 
REF: A. STATE 183800 
 
     B. BRASILIA 1396 
 
Classified By: Political Officer Bisola Ojikutu for Reasons 1.4 
(b) and 
 (d) 
 
1. (U) This is an action cable.  Please see paragraph four 
for action request. 
 
2. (U) On October 13, poloff delivered reftel talking points 
to Marcelo Bohlke at Brazil's Ministry of External Relations 
United Nations Division (DNU).  Poloff also provided points 
to Marcia Ramos at the Ministry's Human Rights Division (DDH) 
and Marcelo Fagundes at the International Organizations 
Division (DOI) on October 14. 
 
3. (C) Ramos told poloff that the GOB cannot accept 
Guantanamo Bay migrants because it is illegal to designate 
someone not on Brazilian soil a refugee.  According to the 
Brazilian National Committee for Refugees (CONARE), refugee 
status in Brazil for an applicant abroad is not usually 
granted until after the refugee has received refugee status 
from the country where the refugee is located when 
petitioning for status in Brazil (in this case, the U.S.). 
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, the USG would allow resettlement in the 
U.S., a CONARE representative told poloff during a similar 
discussion in May.  CONARE also told poloff that the GOB's 
position on accepting refugees from Guantanamo Bay, 
regardless of nationality, has not changed since 2003 and 
will likely not change in the foreseeable future. 
 
4. (SBU) Action Request: Bohlke said he understood the 
urgency of our request, he told poloff that the GOB would 
"probably not" be able to resettle the Uighurs due to 
Brazilian regulations.  However, Bolhke told poloff that 
before providing a definitive response to our request, he 
would like an explanation as to why Uighurs are not eligible 
for refugee status or resettlement in the U.S.  Post would 
appreciate guidance from the Department regarding Bohlke's 
request. 
 
COMMENT: 
-------- 
5. (C) Post has discussed the resettlement of Guantanamo Bay 
detainees on numerous occasions and at a variety of levels, 
including U/S Grossman, since 2003.  Given Brazilian 
legislation and CONARE's and the GOB's comments, it does not 
appear that the GOB will accept Uighurs detainees if they are 
not granted refugee status by the USG.  And, even if the 
Uighurs were granted such status by the U.S., we expect the 
Brazilians would argue that they should then be resettled in 
the U.S. 
 
DANILOVICH