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Cablegate: Un Human Rights Council: Brazil to Table

VZCZCXRO3821
RR RUEHRG
DE RUEHBR #1134 2541753
ZNR UUUUU ZZH
R 111753Z SEP 09
FM AMEMBASSY BRASILIA
TO RUEHC/SECSTATE WASHDC 5067
INFO RUEHRG/AMCONSUL RECIFE 9920
RUEHRI/AMCONSUL RIO DE JANEIRO 8181
RUEHSO/AMCONSUL SAO PAULO 4533
RUCNDT/USMISSION USUN NEW YORK 0327
RUEHGV/USMISSION GENEVA 1599

UNCLAS BRASILIA 001134

SIPDIS

E.O. 12958: N/A
TAGS: PHUM PREL KIPR ETRD ECON UN BR
SUBJECT: UN HUMAN RIGHTS COUNCIL: BRAZIL TO TABLE
RESOLUTIONS ON IPR, HIV/AIDS, AND GLOBAL ECONOMIC CRISIS

REF: SECSTATE 93373

1. On September 10, Poloff delivered reftel demarche to
Nathanael Souza e Silva of the MFA's Human Rights Division
and provided him a copy of the text of the draft freedom of
expression resolution. Souza will personally attend the 12th
session of the UN Human Rights Council and has also attended
the last several sessions. He is knowledgeable about the
issues.

2. BRAZILIAN INITIATIVES: Souza said Brazil would likely
table resolutions concerning access to medicine and IPR, the
right to health care and HIV/AIDS, human rights cooperation,
and the effect of the global economic crisis on economic,
social and cultural rights. When Poloff commented that there
may be differences between the U.S. and Brazil on IPR issues,
Souza replied that he did not think so.

3. FREEDOM OF EXPRESSION: Souza said that any position
Brazil takes internationally must be compatible with
Brazilian domestic law and universal human rights and
fundamental freedoms. Under Brazilian law, there can be no
defamation of religion; only a person can be defamed. Souza
said it is essential that human rights be considered within a
legal framework and not vague sociological notions. He said
a resolution could be acceptable that condemns hate speech
and incitement to religious violence.

4. Souza said he would carefully review the U.S. draft
freedom of expression resolution and provide his
recommendation to his immediate superior, Marcia Adorno, head
of the Human Rights Division. Then the draft resolution will
be sent to the Brazilian ambassador in Geneva for his
comments. Finally, the MFA in Brasilia will make a decision
whether or not to support the resolution or to sign on early
as a co-sponsor. Souza noted that Brazil had previously
abstained on this issue.

5. HUMAN RIGHTS CAPACITY-BUILDING: Souza said that Brazil
believes that "cooperation is far more effective than
condemnation" in promoting human rights and therefore has
been involved in "triangular projects" with the Office of the
High Commissioner for Human Rights for Haiti, Guinea-Bissau
and Angola. By the same token, he said, Brazil will support
the continuation of the UN Human Rights Council's special
procedures mandates for Somalia, Cambodia and Burundi.

6. DISCRIMINATORY LAWS AGAINST WOMEN: Souza did not know
about Colombian plans to introduce a resolution to establish
a new mechanism to combat discriminatory laws against women,
with the creation of a Special Rapporteur or Independent
Expert. He said, however, that it sounded like something
Brazil would support.

7. TRADITIONAL VALUES: The UN Human Rights Council, Souza
said, should be concerned about the rights of individuals,
not the protection of different countries' values. Moreover,
Brazil has been a leader in the developing world in upholding
the rights of women and of lesbians, gays, bisexual and
transgender people, taking positions that are seen by some as
at odds with so-called traditional values. Brazil therefore
shares U.S. concerns about the Russian-sponsored resolution.
KUBISKE

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