Position Paper of the Federative Republic of Brazil

2018 ESMOAS Summit of the Americas

Republic of Brazil Position Paper, Page Two

I. GENERAL STATEMENT The Republic of Brazil is delighted to once again be a part of this year’s Organization of

American States (OAS) Summit of the Americas along with all of the member states. This year marks 70 years since the Republic of Brazil ratified the OAS charter in 1948. Working alongside the member states has always been a pleasure, then and now. The proceedings of the OAS serve as a reminder to all member states that to achieve positive, hemispheric change, states must collaborate and work alongside one another on a variety of topics. It is within the duty of every member state to work towards strengthening dialogue and collaboration on a hemispheric level.

The Republic of Brazil has made incredible progress in collaborating with states to tackle problems that are prominent today such as the refugee crisis on our Northern border, addressing the rights of media workers, the growing problem of climate change, promoting free and fair trade, securing borders to combat human trafficking as well as tackling food security. The growth that Brazil has had is owed to the leadership and guidance of President Michel Temer. President Temer managed to lead the country as a skilled politician despite a major political crisis. President Temer is a man that has put his government and the safety and security of his people first, since the beginning of his political work in the Chamber of Deputies in 1987. It is the Republic of Brazil’s hope that all heads of state will put differences aside and work towards addressing the pervasive issues in the Western hemisphere.

The Republic of Brazil is especially interested in the discussion of refugees and migrants this year given the political climate in South America. Brazil would like to remind the member states that as stated in Chapter 4, Article 15 of the OAS charter, “The right of each State to protect itself and to live its own life does not authorize it to commit unjust acts against another State.”1 In the spirit of diplomacy and effective dialogue, would like to express the hesitation and resistance we have towards the removal of leaders by any means other than free and fair elections, including the use of force. It is imperative that the sovereignty of all member states is taken under consideration and that the organization as a whole realizes the negative outcomes a war may have on neighboring countries.

The governments and citizens of Brazil have taken notice of the dire need for collaboration among OAS members to address the rights of journalists and media workers and create a solution to where they are offered protection and security within their jobs. With the two publications that the OAS has released regarding journalists, there is a solid foundation for all member states to improve and further protect their journalists.

The delegation of Brazil aims to collaborate with other member states to educate the hemisphere on reducing the negative effects of climate change seeing as the betterment of the climate is essential for survival. The quality of livelihood and agriculture would be drastically affected and it is in Brazil’s best interest to prevent any more damage to the Americas. The Republic of Brazil looks forward to engage in negotiations with all member states bearing in mind the ideals of the OAS. Brazil is prepared to stand in solidarity among member states and promote regional democracy, strength and security among the continent. Republic of Brazil

1 Organization of American States. “Charter of the Organization of American States,” n.d. http://www.oas.org/en/sla/dil/inter_american_treaties_A-41_charter_OAS.asp.

Position Paper, Page Three

II. PARTICULAR STATEMENTS

A. Committee: General Committee (GC)

Topic A: Addressing the Rights of Migrants, Refugees, and Asylum SeekersThe Republic of Brazil applauds the member states for putting forth the importance of

protecting refugees and other displaced persons, per Resolution 2047, The Protection of Refugees, Returnees, and Stateless and Internally Displaced Persons in the Americas.2 The Brazilian delegation shares the same, grave concern for those who need humanitarian assistance and/or protection from neighboring states. In June 2018, the Permanent Council held a meeting in Washington D.C. to analyze the Impact of the Policy of Separating Migrant Families.3 The delegation of Brazil also acknowledges the grand effort that every member state has made in pledging their support for the Inter-American Program for the Promotion and Protection of the Human Rights of Migrants, Including Migrant Workers and Their Families.4 This program has great potential and embodies the support that the OAS has for migrants.

It is with great hope that a meeting similar to that of the Permanent Council can be held in the state of Brazil to discuss the further implications that family separation has on Venezuelan refugees and on neighboring countries. The actions that the organization votes to take on Venezuela will directly affect Brazil. In the spirit of diplomacy and in the spirit of avoiding war, Brazil asks that member states adopt laws similar to, or laws embodying, those of Brazil in regard to refugees.

The Republic of Brazil has a recent history of embracing refugees. In the 1980’s all restrictions based on country of origin were removed and the work authorization of refugees was also granted. In 1995, 75% of people applying for refugee status because of the Angolan Civil War were granted protection5. In more recent years, Brazil made history in passing the 1997 Refugee Act. The establishment of the National Committee for Refugees allowed state and NGORepublic of Brazil

2 Organization of American States. “PROTECTION OF ASYLUM SEEKERS, REFUGEES, RETURNEES, AND STATELESS PERSONS IN THE AMERICAS,” June 8, 2004. http://www.oas.org/dil/ag-res_2047_xxxiv-o-04_eng.pdf.

3 Organization of American States. “OAS Permanent Council Analyzes ‘Impact of the Policy of Separating Migrant Families,’” June 28, 2018. http://www.oas.org/en/media_center/press_release.asp?sCodigo=AVI-085/18.

4 Organization of American States. “Inter-American Program for the Promotion and Protection of the Human Rights of Migrants, Including Migrant Workers and Their Families.,” June 7, 2005. https://www.oas.org/dil/migrant_workers_inter_american_program.htm.

5 Mora, Michelle. “Brazilian Refugee Policies: A Latin AMerican Model?” A Publication of the Internal Development Program, May 13, 2016. http://www.saisperspectives.com/2016issue/2016/5/13/brazilian-refugee-policies-a-latin-american-model.

Position Paper, Page Three

actors to work together and improve the refugee asylum process. The newly implemented Migration Law ensures that all foreigners and/or migrants are treated as if they were Brazilian residents. The Republic of Brazil holds the needs of refugees, migrants and asylum seekers with high importance and further emphasizes the responsibilities it is fulfilling by ratifying the Refugee Convention.

It is truly unfortunate that migrants, refugees, and asylum seekers are not mentioned in the organization’s charter. Nowhere in the charter are member states encouraged to offer their support or protection to those who are in the greatest need of representation. It is Brazil’s greatest hope that member states and the organization will recognize their duty in addressing the problems of refugees, migrants, and asylum seekers as well as solidifying an effective solution that can produce measurable change. With high expectations, the Republic of Brazil asks that member states recall their signing and ratification of the UNHCR 1951 Refugee Convention and embrace the duties and responsibilities that come with it.

Topic B:  Hemispheric Standards on Protection of Journalists and Freedom of the PressAmong all its purposes, the OAS is meant to be a body through where member states are

able to collaborate throughout the hemisphere. The Republic of Brazil notes with appreciation the great strides of the office of the Special Rapporteur for Freedom of Expression in having two published works of writing that emphasize the dangers that journalists face in the Americas. The report “Violence against Journalists and Media Workers: Inter-American Standards and National Practices on Prevention, Protection and Prosecution of Perpetrators” is a report that highlights the international standards in regard to journalists. The report discusses the violence done against journalists as well as discusses the obligations that countries owe to their journalists.6 The second publication is the “Special Study on the Status of Investigations into the Murder of Journalists during the 1995-2005 Period for Reasons that may be related to their Work in Journalism” in which the murder of journalists is investigated in search of possible connections that may be related to their line of work.7 The Republic of Brazil recalls the Declaration of Principles on Freedom of Expression adopted by the OAS General Assembly and applauds such a necessary and important resolution. It is important that member states remember throughout the Summit proceedings the obligations they have towards the journalists in their respective countries.

Brazil’s National Federation of Journalists (FENAJ) is a trade union organization that represents the journalist unions in Brazil and dedicates their work on bettering the working conditions of the 40,000 journalists associated with their trade union.8 Brazil is a proud signingRepublic of Brazil Position Paper, Page Four

6 Organization of American States. “Violence and Impunity,” July 14, 2014. http://www.oas.org/en/iachr/expression/topics/violence.asp.

7 Special Rapporteurship for Freedom of Expression. “Special Study on Murder of Journalists,” March 8, 2008. http://www.cidh.org/relatoria/section/Asesinato%20de%20Periodistas%20INGLES.pdf.

8 FENAJ. “Federação Nacional Dos Jornalistas,” n.d. http://fenaj.org.br/fenaj/a-federacao/.

member of the International Covenant on Civil and Political Rights multilateral treaty. Part III, Article 19, subsection 2 declares that “Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.”9 The Republic of Brazil recognizes that there is room for improvement in its own country and firmly stands by the notion that the disappearance of journalists is among the most extreme form of censorship.

B. Committee: Executive Secretariat for Integral Development (SEDI)

Topic A: Hemispheric Cooperation on Climate Change Initiatives It is in the best interest of not only the Delegation of Brazil, but of all the members of the OAS to come together and address the issue of climate change. As is stated in Chapter XIII, Article 94 of the charter, the purpose of the Inter-American Council for Integral Development is to “promote cooperation among the American States for the purpose of achieving integral development and, in particular, helping to eliminate extreme poverty, in accordance with the standards of the Charter, especially those set forth in Chapter VII with respect to the economic, social, educational, cultural, scientific, and technological fields.”10

The Delegation of Brazil would first like to bring to attention the efforts the OAS have made in order to move towards a better tomorrow. The 46th General Assembly of the OAS adopted The Inter-American Program on Sustainable Development. This program was made for the betterment of the development of countries in order to become more aware of complex problems such as climate change. Countries all over the world depend on agricultural products for the stimulation of their economy and to reduce the amount of poverty in their country. As climate change becomes a more pervasive and life-threatening issue, it becomes more difficult for countries to maintain it.

There are over 6.8 million square kilometers of rainforest in Brazil. It is reported that rainfall has decreased causing millions of square kilometers of our rainforests to suffer, destroying homes for thousands of species. Between 30% and 60% of the rainforest could become a dry savanna in the near future. The forest biomass is also estimated to hold about 100 billion tons of carbon, which is equivalent to more than 10 years of global fossil fuel emissions, so we must do our best to conserve the rainforest while we still can. It is our duty to implement change within our countries in order to maintain the economy and protect our wildlife. Brazil has made strides in addressing this problem. There are 11 climate laws and 6 climate policies put into place in Brazil to help better climate change and to work towards solving some of the issues Republic of Brazil Position Paper, Page Five

9 OHCHR. “International Covenant on Civil and Political Rights,” December 16, 1966. https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx.

10 Organization of American States. “Charter of the Organization of American States,” n.d. http://www.oas.org/en/sla/dil/inter_american_treaties_A-41_charter_OAS.asp.

that have aroused. Brazil also ratified the Paris agreement with the pledge to sharply reduce emissions, and is a member of Cities for Climate Protection who are aimed at reducing urban greenhouse gas emissions.11

Although there are efforts being made towards a better future for climate change, the Republic of Brazil feels that it is necessary for all member states of the OAS to be on board. Therefore, the Delegation of Brazil proposes to seek change. Not only because our economies depend on it, but because the world depends on it. Beginning as an effort made by the OAS member states first, we can reach all areas of our countries in order to prevent disastrous or life-threatening situations from arising. Eventually, we will make this a world-wide effort as well, educating nation's leaders to build a more stable tomorrow starting with small steps to take.

Topic B: Creating Mechanisms to Encourage Free and Fair Trade Free and fair trade is critical for economic development in all the economies of the world.

Developing countries mainly rely on free global trade by advocating for better trading conditions. There are a few member states that are economically advantaged and have significant influence in international trade. Free and fair trade, therefore, is necessary to protect developing countries from the aggressive global competition that may pose adverse effects on their ability to trade internationally. Brazil, for instance, has entered into fair trade agreements with the United States and China to boost its economy.12 This means that Brazil is able to export its locally manufactured products at reasonable prices. Economically developed countries benefit from the economies of scale since they have low production costs compared to emerging nations. It is therefore arguable that free and fair-trade policies are necessary to foster growth in developing countries. The Republic of Brazil has undoubtedly benefitted from free and fair-trade polices through bilateral agreements with other member states such as the United States.

The mechanisms for free and fair-trade entail various guidelines that regulate pricing strategies and the requirements for business certifications. Some of these mechanisms are fair pricing, fair trade premiums, stability and access to credit, working conditions, institutional structure, and environmental protection, to mention a few. Firstly, the price floor is a critical factor in the mechanisms for free and fair trade. It refers to the minimum price charged on goods certified for free trade and can be potentially sold to a free trade buyer. This pricing mechanism is intended to recoup the average costs of reasonably sustainable production. Therefore, such pricing of goods and services meets broadly fair living wages in its industry, thus requiring traders and producers to be free to one another regarding negotiation for pricing their products. Republic of Brazil Position Paper, Page Six

11 United Nations. “Partnership for the SDGs: Global Registry of Voluntary Commitments & Multi-Stakeholder Partnerships,” n.d. https://sustainabledevelopment.un.org/partnership/?p=1498.

12 Bossle, Marilia, Daiane Neutzling, Douglas Wegner, and Claudia Bitencourt. Fair Trade in Brazil: Current Status, Constraints and Opportunities, 2017. https://www.researchgate.net/publication/320216212_Fair_trade_in_Brazil_current_status_constraints_and_opportunities.

The key considerations that traders can use to negotiate for higher prices are product quality among other attributes.

Fairtrade premium is an essential mechanism for free and fair trade. In open market economies, the factor can sometimes be referred to as social premium or community development. In this case, fair trade premium refers to the quantity buyers pay to cooperative organizations on top of the sales price. This price is charged in the market purposely to promote demographic and associativity processes. Stability and access to credit is the third mechanism of free and fair trade where trade buyers can mutually agree to enter into long-term contracts like long-duration financing whenever requested by interested parties.

Regarding working conditions, there should be freedom of association among employees and safe working conditions. Employers should be required to pay their workers’ wages not less than the industry average or the legal minimum. The fifth mechanism is the institutional structure where traders in a free and fair market can form cooperatives and associations. The entity makes the basis for democratic decision making regarding certain conditions. The sixth mechanism regards environmental protection; it requires players in the market to safeguard their environments as a strategy for fair trade products through the prohibition of certain harmful wastes. Scholars argue that that trade mechanisms require products in free and fair trade to be certified to enhance safety standards.13 Another rationale concerning free and fair-trade regards certification of information to improve its reliability among traders and customers.

C. Committee: Secretariat for Multidimensional Security (SMS)

Topic A: Combating Human Trafficking in the HemisphereThe OAS is dedicated to combating the transnational crime of human trafficking.

Through the joined efforts of member states, Brazil is focused on enforcing the OAS Charter stating that “Social justice and social security are bases of lasting peace.”14 These bases are important to the fundamental purpose of the OAS. Human trafficking restrains the progress and growth of the OAS as a whole. The crime chips away at the beliefs of the member states and at the peace that the OAS works so hard at building and sustaining in the Western hemisphere. Human trafficking and forced labor are problematic issues that cannot be solved unilaterally. Cooperation, diplomacy and enforcement are key aspects to improving the state of security in all member states.

The Federative Republic of Brazil believes in establishing and enforcing a plan to combat human trafficking and forced labor taking place in the Western hemisphere. In the past, Brazil has established an internal and external battle on trafficking on human beings and forced labor. Republic of Brazil Position Paper, Page Seven

13 Dragusanu, Raluca, Daniele Giovannucci, and Nathan Nunn. “The Economics of Fair Trade,” Journal of Economic Perspectives, 28 (2014): 217–36. https://scholar.harvard.edu/files/nunn/files/dragusanu_giovannucci_nunn_jep_2014.pdf.

14 Organization of American States. “Charter of the Organization of American States,” n.d. http://www.oas.org/en/sla/dil/inter_american_treaties_A-41_charter_OAS.asp.

The National Committee to Combat Trafficking in Persons (CONATRAP) is a body consisting of 26 members who monitor implementation and progress of anti-human trafficking plan and responsible for creating new anti-human trafficking programs. This is one of the steps that Brazil has taken to show responsibility and create a platform for the issue at hand. CONATRAP participates in anti-human trafficking and forced labor propaganda. Since the creation of CONATRAP in 2014, the region has seen some improvements in prosecuting and identifying the practices of the transnational crime. In 2014 the Declaration of Brasilia or Inter-American Declaration against Trafficking in Persons recognized the need to develop a perfect national and sub-regional migration policies in order to prevent trafficking.15 The IACHR reminded the member states of their legal responsibility to protecting those who are vulnerable to this crime and Brazil heard loud and clear. Since then, Brazil has adopted the Second Work Plan to Combat Trafficking in Persons of the Western Hemisphere for 2015-2018. This plan was prepared by the OAS once in 2010 and configured to include protection of victims and to present the reality of human trafficking in the Americas. The second mandate takes into consideration the various manifestations of trafficking and includes the member states to address legislation to prevent trafficking.   

The country of Brazil wishes to see that the OAS and the member states improve the actions to eliminate human trafficking and forced labor. We hope that the member states do their best to participate in this movement in the name of diplomacy and security. With Brazil’s national campaign, CONATRAP, and the OAS Second Work Plan to Combat Trafficking in Persons of the Western Hemisphere, human trafficking and forced labor could be extinguished. Brazil will continue to implement the programs against trafficking and forced labor in order to enforce peace in the spirit of the OAS Charter.

Topic B: Improvement of Food Security & Sustainable Forestry and FisheriesThe OAS’s commitment to making sure there is a steady supply of food for the people of

the Western Hemisphere has increased throughout the past several years. However, this is still not enough. Thousands of people throughout North and South America go every day without eating or knowing where their next meal will come from. Brazil is one of the leaders in food supply in the region. Due to Brazil’s diligence in the role in food production, trade, and its expansion in agriculture, there has been plenty of food in the country. However, that does not mean that the Republic of Brazil does not have a problem with securing food for citizens within the Brazilian borders. When it comes to food security, the problem is the poor in Brazil are simply unable to afford food. Brazil has started several government programs to help solve the problem like the Zero Hunger Program, article 227 in the Brazilian Constitution that helps prevent child hunger, but the starving population of Brazil remains a major problem for the country. The OAS has started initiatives that focus on a right to food like “Incorporating Right to Republic of Brazil Position Paper, Page Eight

15 Organization of American States. “In the World Day against Trafficking in Persons, the IACHR Call on States to Adopt a Human Rights Approach in Response to the Diverse Forms of Human Trafficking,” July 31, 2017. http://www.oas.org/en/iachr/media_center/PReleases/2017/110.asp.

Food into Global and Regional Food Security Initiative” and Brazil would like to see the OAS’s commitment to these initiatives grow.16 All though Brazil is one of the leaders in food production in the region, Brazil would like to see the rest of the OAS make stronger commitments to making sure the people of our countries do not starve and have a steady, affordable access to food.

16 Organization of American States. “OAS General Assembly: Countries Discuss Food Security and Other Matters,” June 5, 2012. OAS General Assembly: Countries Discuss Food Security and Other Matters.

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———. “In the World Day against Trafficking in Persons, the IACHR Call on States to Adopt a Human Rights Approach in Response to the Diverse Forms of Human Trafficking,” July 31, 2017. http://www.oas.org/en/iachr/media_center/PReleases/2017/110.asp.

———. “Inter-American Program for the Promotion and Protection of the Human Rights of Migrants, Including Migrant Workers and Their Families.,” June 7, 2005. https://www.oas.org/dil/migrant_workers_inter_american_program.htm.

———. “OAS General Assembly: Countries Discuss Food Security and Other Matters,” June 5, 2012. OAS General Assembly: Countries Discuss Food Security and Other Matters.

———. “OAS Permanent Council Analyzes ‘Impact of the Policy of Separating Migrant Families,’” June 28, 2018. http://www.oas.org/en/media_center/press_release.asp?sCodigo=AVI-085/18.

———. “PROTECTION OF ASYLUM SEEKERS, REFUGEES, RETURNEES, AND STATELESS PERSONS IN THE AMERICAS,” June 8, 2004. http://www.oas.org/dil/ag-res_2047_xxxiv-o-04_eng.pdf.

———. “Violence and Impunity,” July 14, 2014. http://www.oas.org/en/iachr/expression/topics/violence.asp.

Special Rapporteurship for Freedom of Expression. “Special Study on Murder of Journalists,” March 8, 2008. http://www.cidh.org/relatoria/section/Asesinato%20de%20Periodistas%20INGLES.pdf.

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