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Cablegate: Brazilian Response On the Goldstone Report

VZCZCXYZ0004
RR RUEHWEB

DE RUEHBR #1287 3081339
ZNR UUUUU ZZH
R 041339Z NOV 09
FM AMEMBASSY BRASILIA
TO RUEHC/SECSTATE WASHDC 5316
INFO RUCNDT/USMISSION USUN NEW YORK 0341

UNCLAS BRASILIA 001287

SIPDIS

DEPT FOR IO/HR PAUL KRUCHOWSKI, IO/UNP ANDREW MORRISON,
NEA/IPA JEFFREY GIAUQUE, USUN NEW YORK FOR ELLEN GERMAIN

E.O. 12958: N/A
TAGS: KPAL PREL PHUM PTER BR
SUBJECT: BRAZILIAN RESPONSE ON THE GOLDSTONE REPORT

REF: SECSTATE 112828

1. On November 3, Poloff delivered reftel demarche to Carlos
Eduardo da Cunha Oliveira of the Human Rights Division of the
Ministry of External Relations (MRE). Poloff stressed that,
because of our serious concerns about the Goldstone Report,
the USG sought to prevent passage of a harmful General
Assembly resolution and to keep any future action on the
report out of the Security Council, ICC, ICJ and other
international venues.

2. Oliveira noted that Brazil in principle prefers to deal
with the Goldstone Report in the HRC, believing to refer it
out weakens the HRC. Brazil nonetheless voted in favor of a
resolution in the Special Session of the HRC that referred
the report to the UN General Assembly. Oliveira explained by
saying that the resolution contained a "constructive
ambiguity" that permitted the HRC to deliberate and determine
when and under what circumstances the Goldstone Report might
be referred to other UN bodies. Meanwhile, there was an
opportunity for Israel and the Palestinian Authority to
engage in a constructive manner.

3. Poloff replied that the Goldstone Report is complicating
the Middle East peace process and urged that Brazil oppose
General Assembly action on the report.

4. Oliveira said that he would convey our concerns to MRE
Under Secretary for Political Affairs Vera Machado, who in
turn will instruct the Brazilian mission in New York. He
said she will be interested in the impact of a potential
resolution on the functioning of the HRC, which Brazil
regards as an important institution, and in "the bigger
political picture."
KUBISKE

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