UNHCR WILLING TO ASSIST WITH GUANTANAMO DETAINEES

C O N F I D E N T I A L GENEVA 000053

SIPDIS

E.O. 12958: DECL: 01/21/2019
TAGS: PREL PREF PHUM UNHCR
SUBJECT: UNHCR WILLING TO ASSIST WITH GUANTANAMO DETAINEES

Classified By: RMA Counselor Peter Mulrean for Reasons 1.4 (b & d)


1. (C) SUMMARY. The Office of the United Nations High
Commissioner for Refugees (UNHCR) has expressed a willingness
to assist the USG, if the USG so desires, in finding durable
solutions for some individuals currently detained at
Guantanamo. UNHCR could undertake an assessment of
detainees' protection needs and refer specific individuals
that fall within UNHCR's mandate for third country
resettlement. Such referrals may facilitate the ability of
some third countries to accept detainees. UNHCR would need
access to case information and eventually to individuals
directly. END SUMMARY.


2. (U) On January 22, 2009, UNHCR's Assistant High
Commissioner for Protection Erika Feller, Director for the
Division of International Protection Services George
Okoth-Obbo, Director of the Americas Bureau Merida
Morales-O'Donnell, Deputy Director of the Americas Bureau Eva
Demant, and Legal Officer Maria Bances del Rey met with RMA
Counselor, Mission Legal Adviser and RMA Attache to discuss
the issue of detainees at Guantanamo. The meeting was
requested by Feller.


3. (C) Feller reported that several countries (including
France) have recently approached UNHCR to understand what
role UNHCR might play in providing durable solutions to
Guantanamo detainees given the expected new US decisions
regarding these issues. She noted recent press reports
suggesting that various third countries (such as Sweden,
Finland, Germany, Portugal, the Czech Republic and
Switzerland) may be willing to accept detainees for
resettlement. Some of these countries, like Sweden, would
reportedly expect UNHCR to play an intermediary role in the
process by formally referring resettlement cases to them for
consideration.


4. (C) Feller explained that UNHCR is not seeking a role for
itself in this matter, but stands ready to help both as a
friend of the US and an interested party in finding
resettlement solutions for those unable to return to their
countries of origin. (Comment: UNHCR has expressed a similar
willingness in the past and at times there has been dialogue
with UNHCR about the role it might play, but these
discussions stalled over information sharing and other
issues. End Comment.) UNHCR's starting point is that the
USG has the primary responsibility for providing detainees
with protection and durable solutions. However, UNHCR is
willing to assist the USG in assessing and determining
individuals' protection needs through refugee status
determinations. UNHCR may also be able to help the USG find
third country resettlement arrangements for individuals. The
caveats presented by Feller are: 1) UNHCR would only assist
with cases that fall under its mandate (or at least are not
excluded from its mandate); 2) UNHCR would need access to
case file information to determine who the individuals are
and what their protection needs are; and 3) UNHCR would
eventually need access to interview individuals it believed
had protection needs in order to make a final determination.


5. (C) Under international refugee law, to fall within
UNHCR's mandate, detainees would need to meet the legal
definition of a "refugee" and not be legally deemed
excludable (due to having committed serious war crimes, for
example). Feller said that several lawyers for Guantanamo
detainees had approached UNHCR with a list of 60 detainees
whom the lawyers believed had a legitimate fear of being
returned to their countries of origin and may qualify for
protected status.


6. (C) Comment: In requesting this meeting, Feller clearly
wanted to send a signal that UNHCR only wants to be involved
if the USG views this as helpful, but that it can be
accommodating as well. For example, she said she understood
the sensitivities involved in looking at case files, but
noted that there might be ways in which this could be managed
to satisfy UNHCR's basic information needs and to respect the
USG sensitivities. Based on previous discussions with the
USG, however, she was under no illusion that finding suitable
arrangements would be simple.
STORELLA