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December 3, 2010
The Brazilian Cables: US Upset Brazil Puts Interests of Activists Ahead of Counterterrorism
By Kevin Gosztola
Cables from Brazil released by WikiLeaks reveal the United States has been pushing Brazil to take the threat of terrorism more seriously and institutionalize counterterrorism into their legal system. They reveal the U.S. has attempted to have Guantanamo detainees resettled in Brazil but has had no success and that sometimes law enforcement. And, they demonstrate that Brazil may be hesitant to charge suspects with terrorism...
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Cables from Brazil released by WikiLeaks reveal the United
States has been pushing Brazil to take the threat of terrorism more seriously
and institutionalize counterterrorism into their legal system. They reveal the
U.S. has attempted to have Guantanamo detainees resettled in Brazil but has had
no success and that sometimes law enforcement. And, they demonstrate that Brazil may be hesitant to charge suspects with crimes that amount to terrorism because it might become a playground for fighting the "war on terror."
A cable sent on May 24, 2005, reads, the Government of Brazil (GOB) "still contends that it cannot accept Guantanamo migrants because it is illegal to designate someone not on Brazilian soil a refugee." When a US diplomat tries to convince Brazil to take Cuban refugees at Guantanamo, Brazilian officials maintains that due to Brazilian legislation no migrants could be accepted from Guantanamo.
An "action cable" details a requested to resettle detainees
at Guantanamo, specifically Uighurs. Marcelo Bohlke at Brazil's Ministry of
External Relations United Nations Division responds to the request with a
demand for an explanation on why "Uighurs are not eligible for refugee status
or resettlement" since they could not be resettled to Brazil unless designated
as refugees.
A representative from UN's refugee agency, UNHCR Luis Varese, explains the reason for Brazil's position:
...refugee status in Brazil is usually granted after the refugee has been recognized by the host country (in this case, the U.S.). According to Varese, 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, CONARE believes, the USG would allow them to resettle in the U.S. so resettlement would not be an issue. Varese told PolOff that the "formal recognition" issue caused the GOB to reject the USG's proposal in 2003... [emphasis added]
The cable demonstrates that Brazil has a respect for the principles of the National Commission on Refugees (CONARE) and will not abandon them no matter how much pressure the US applies.
Pressure on increasing counterterrorism measures, especially implementing legal means for targeting terrorists, is met with great pushback. As one cable reveals, in November of 2007, the Presidency's Institutional Security Cabinet (GSI), which had been working for years on counterterrorism, began to downplay the importance of passing such legislation. In the face of criticism from people like the Brazilian bar association president Cezar Britto, who characterized the legislation as a "thinly veiled move to criminalize the actions of social movements and those fighting for equality," Brazilian political leaders abandoned the initiative. President Lula's chief of staff "quashed the proposed legislation" that many believed could be used against activists and advocacy groups and political leaders determined it was "impossible to reach consensus within the government on how to define terrorism."
Andre Luis Soloszyn, a Brazilian War College analyst on strategic intelligence and author of numerous articles on counterterrorism topics, tells a US diplomat, "leftist militants who had been the object of military dictatorship-era laws designed to repress politically-motivated violence, [were afraid Brazil] was going to put forth a bill that would criminalize the actions of groups it sympathizes with, such as the Landless Movement (MST), for "there is no a way to write an anti-terrorism legislation that excludes the actions of the MST""
The fears of Brazilian activists are the same as the fears of many American activists, who still believe measures designed to fight terrorism can be (and are being) used to criminalize protest and activism. Environmental, antiwar and international solidarity activists have been hit with lawsuits that use U.S. anti-terrorism laws to suppress dissent (for example, the case of the RNC 8).
The cable shows the U.S. was (and likely still is) dead set on having Brazil pass measures like the U.S. PATRIOT Act and its expansions, which have irked organizations committed to defending American civil liberties, and that the U.S. firmly believed (and likely still believes) those legal measures are necessary in order to fight terrorism.
But, Brazil does not believe legal measures will ever deter terrorism. As an advisor, presumably with some connection to the Israeli Embassy, argues, "The success of any potential terrorist attack against the Israeli Embassy in Brasilia is not going to be determined by whether there is a law on the books outlawing terrorism."
Moreover, the cable shows officials explaining that terrorism is not perceived as a daily threat. One official says, "Terrorism perpetrated by Islamic extremists is too remote for Brazilians to worry about." Sure, Brazil could enlist its media to propagandize the public into thinking terrorists are hate Brazil for its freedom and manufacture consent for giving up rights through "counterterrorism legislation" but it appears that Brazil is confident it can combat terrorism without altering its laws.
The Brazil cables show the US is working closely, giving trainings to police and other law enforcement organizations who can use the training to secure what is called the Tri-Border Region, an area with a lot of illegal movement of arms, money, drugs, etc. They show law enforcement is using a "if you see something, say something" strategy as "moderate, second generation Arabs, many of whom were successful businessmen in Brazil, to keep a close eye on fellow Arabs who may be influenced by Arab extremists and/or terrorist groups."
Finally, and perhaps most interesting, is the fact that the
way U.S. has crafted itself as the top policeman on the terrorism beat may have
countries like Brazil doing all it can to police itself but not arrest people
under charges of terrorism. One might suppose the fear would be if Brazil was
found to have an uptick in terrorism the U.S. might set its sights on Brazil as
a country worthy of military or security intervention.
A cable reveals, "The Federal Police will often arrest individuals with links to terrorism, but will charge them on a variety of non-terrorism related crimes to avoid calling attention of the media and the higher levels of the government. Over the past year the Federal Police has arrested various individuals engaged in suspected terrorism financing activity but have based their arrests on narcotics and customs charges."
This clearly shows suspects were framed for crimes they
probably didn't commit, but is it possible the U.S. is monitoring Brazil so
closely that law enforcement is designating certain crimes other crimes to
diminish the U.S. campaign to convince Brazilians to support greater
counterterrorism efforts?
Throughout the Brazilian cables, there is a deep contempt
for Brazil's handling of terrorism (one might even say their commitment to
civil liberties and the rule of law). US diplomats express disdain for how hard
it is in Brazil for crimes to be classified as acts of terrorism. One official
is even accused of "playing games" or attempting
to "define terrorism out of Brazil," which almost sounds like the diplomat is
upset they are not using America's definitions and descriptions of what
constitutes "terrorism."
Unlike certain Middle East or African countries, it appears Brazil wishes to keep its country safe autonomously and with little direction from the U.S. The election of former Marxist guerrilla Dilma Rousseff,
Brazil's first woman president, has likely renewed the U.S. struggle to convince
Brazil it should alter its legal system and make it easier to wage a "war on
terror."
There is evidence individuals engaged in terror financing are present
in Brazil, but Brazil does not want to
stigmatize its large Muslim community (which has been a side effect of the U.S.
"war on terrorism"). So, the US will continue to characterize Brazil as a country
with little interest in terrorism issues, one where legislation against
counterterrorism is impossible because of "leftists," and it will seek to isolate
the country until it can bully Brazil into waging a fight against terrorism in the way it wants Brazil to wage a fight against terrorism.