BRAZIL: UNHCR-61 AND CUBA

C O N F I D E N T I A L BRASILIA 000737 SIPDIS E.O. 12958: DECL: 03/17/2010 TAGS: PHUM CU BR PREL CHR SUBJECT: BRAZIL: UNHCR-61 AND CUBA REF: A. STATE 42847 ¶B. STATE 44494 ¶C. BRASILIA 681 Classified By: Deputy Political Counselor Lawrence Cohen, reasons 1.4 ( b & d) ¶1. (C) Poloff delivered CHR talking points to Christiano Figueroa, Acting Chief for an under-manned Ministry of External Relations (MRE) Human Rights Division. Referring to press reports regarding GOB Human Rights Secretary Nilmario Miranda's not-so-veiled criticisms of the USG in a March 15 conference in Geneva, Figueroa sought to downplay Miranda's remarks, some of which, Figueroa claimed, were "inaccurate." "While Brazil continues to have concerns about the selectivity of single country resolutions, it does not favor the idea of eliminating them," Figueroa said. However, Figueroa buttressed Miranda's call for a global report on human rights, most likely under UN auspices. ¶2. (C) Although he was speaking in an "unofficial capacity" since the GOB had refused to accept delivery of the annual U.S. Human Rights Report, Figueroa described the recently released HRR as balanced and fair. He believed it portrayed well the good and bad aspects of Brazil's human rights situation, and he complemented Poloff Bisola Ojikutu with whom he shared information. Brazil's problem with the HRR, he added, is with the "principle and procedure," and not with its content. ¶3. (C) Poloff explained that CUBA is again the highest USG priority for UNCHR-61. To bring countries like Brazil on board, the USG draft resolution this year takes a minimalist approach -- a point Brazil should consider. Figueroa understood the USG strategy. Brazil's CUBA policy, he emphasized, is made at the highest level of government, and it is unlikely the GOB would alter its course towards CUBA at this time. Yet, although Brazilian officials have held numerous discussions with the Cubans, Figueroa was unaware of any GOC intention to table a draft resolution on Guantanamo -- unlike in 2004, when CUBA had threatened to table a draft but did not. "Sometimes," Figueroa remarked, "the CHR is full of surprises." ¶4. (C) Echoing Miranda's remarks in Geneva, Figueroa explained that the GOB continues to have concerns with the "non-applicability" of the Geneva Convention with terrorism suspects held under U.S. custody and their long-term detention without indictment even within the context of the war on terrorism. Utilizing ref A talking points, poloff described detainee policy and the steps taken to assure prisoner rights are protected. ¶5. (C) Comment: Based on Figueroa's subtle comments, Brazil will likely support, as it did in 2004, some specific single country resolutions where it does not have a dog in the fight -- for example, Belarus. Given the upcoming Arab-South American Summit in Brasilia in May, the GOB will not favor softening unbalanced Arab-sponsored Middle East resolutions. Brazil's behavior on Arab-Israel resolutions will be closely observed by Arab delegations. Brazil will no doubt continue its long-standing policy of opposing harsh criticism of Cuba's human rights record. Danilovich