Fake police document to adopt a girl (Kantipur)

Fake police document to adopt a girl

Original article (in Nepali) with photo of child:

http://www.ekantipur.com/kantipur/news/news-detail.php?news_id=219779

By Pratima Baskota

Kantipur Daily

Kathmandu, June 22, 2010

Translated from Nepali

A guardian has claimed that, without her permission, a children's home named Prayash Nepal at Baluwatar, Kathmandu, has sent her daughter abroad as an adopted daughter on the ground of a fake police document.

She has said that her daughter Smriti was sent to Italy by making fake profile in the official letter pad of local Community Police. Though the children's home says that the girl was referred by police, the letter itself seems to be a suspicious one.

The reference letter of police, received by Kantipur Daily, states that Smriti, daughter of a local, homeless (Sukumbasi) Sarita Bhujel of Shantinagar, was handed over to Prayash Nepal on 29 January 2007. The letter's "dispatch/serial number" is 40. But the police have only kept record of the letters of the period during 18 July 2006 to 10 November 2006. In the police record book, two pages are left blank following the last date (10 November 2006) after which new records for 2007 have been shown.

"This letter must have been misused by someone" says a policeman of this branch. "Every letter sent from here contains the dispatch number, but this letter's dispatch number is not found to be recorded here."

The letter is signed by Phool Kumari Paudel, the then Head Constable (Havaldaar). She is now Assistant Sub Inspector at Chabahil Community Police. She said that she had handed over some children, found in abandoned state, to the children's home, but she doesn't remember about Smriti. "All the letters sent by me contained the dispatch/serial numbers" - she said.

But Smriti's mother said that she herself had kept her daughter at Prayash Nepal through a lady who was her neighbor. On Monday, she had gone to that children's home to seek her daughter. She said - "I kept her there because I was told that they would educate my daughter till S.L.C. I met her only for 5 times. Later, when I tried to meet her, I was not permitted - saying that she was having her examinations. And now they have sent my daughter abroad without informing me." During these years, she had married again.

On Monday, the CCWB wrote a letter to the children's home to return the girl. Sarita had reached there with that letter. The situation became quite tense when Mani Joshi, the director of the home, said that the child had been found in an abandoned condition.

The executive director of CCWB, Mr. Dharma Raj Shrestha, said that the children's home had committed a mistake. He said that children's homes have done mischief with help of police and local administration. "These kind of problems have increased in recent days," he added.

The owner of the children's home, Mani Joshi, claimed that she was handed over the girl by the police with a letter. "I have not done any fake works; police handed her over to me. We received the girl when the Community Police sent a letter saying that the girl was found in an abandoned state. Her mother came in our contact only after she was sent to Italy."

Translated by Mr. Purushottam Lamsal (for Prayog Publication, Kathmandu)


For more on Mani Joshi & Prayas Nepal, see Trade of Children:

http://pearadoptinfo-nepal.blogspot.com/2010/06/trade-of-children-voice-of-children.html


Prayas Nepal
Lamtangin Marg, Baluwatar-4
Kathmandu
Bagmati
Nepal
+977 1 2150328
+977 1 4433943

website:

http://prayasnepal.org/joomla/




Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

Ministry -- Notices 6 & 7

Notice -- Government of Nepal

Ministry of Women, Children and Social Welfare

http://www.mowcsw.gov.np/opensection.php?secid=484

Notice No 7

In accordance with the Terms and Condition of Inter Country Adoption, 2008, the following reforms have been made:

1. The Ministry of Women, Children and Social Welfare is the Central Authority for Inter Country adoption.

2. The Application should be submitted by the adoptive parents through accrediated
Agencies/Diplomatic Mission to the Ministry.

3. Selection of the child by the adoptive parents has been prohibited.

4. Family Matching Committee is established to match the parent for the child.

5. The Matching committee should match the parent for the child on the first come first basis.

6. The Orphanges should be accrediated to the Ministry for the purpose of Inter country adoption.

7. The child should stay at least 90 days to the orphange to be eligible for the inter country adoption.

8. Before starting Inter Country Adoption Process, the orphange at first should give priority for the domestic adoption by inviting application in the National News Paper and Media.

9. Domestic Adoption is registered and completed by the District Land Revenue Office.

10. The fee paid by the adoptive parent is very helpful for the protection and care of the other children staying at the orphanges.

11. The fee is very transparent and controls the irregularaties.

12. The Orphange is responsible for the auditing of their income and expenses.

13. The adoptive parent is not allowed to visit the orphange before the decision by the Ministry.

14. The processing fee paid as a government revenue by the Adoptive parent is used for the protection and development programme of the child.

15. Child with biological parent is strictly prohibited for inter country adoption. If it is found in the process of inter country adoption, the orphange will be penalized. The Ministry will rescue the children of that orphange to the another orphange.

16. Voluntarily abandoned child is only eligible in the following condition :

1. Single child can not be abandoned,

2. Child whose father is dead and who has been abandoned by his/her mother after another marriage,

3. Biological parent have to have one child with them if they have more than one child -

• Father and mother are very poor and unable to support for development and care of their child,

• The father or mother who have permanent sterilization of family planning,

• Children whose father or mother is dead or is medically insane or mentally unsound and who have a very poor mother and unable to develop and care of the child.

________________________________



Government of Nepal

Ministry of Women, Children and Social Welfare

Notice No 6


The Ministry has seriously drawn an attention towards the Meeting of the Special Commission to Review the Practical Operation of the Hague Convention of 29 May, 1993 on Protection of Children and Co-operation in Respect of Inter Country Adoption held in the Hague in 17-25 June, 2010.

The Ministry had nominated an official to participate in the said program, but due to not receiving a confirmation letter from the Permanent Bureau of Hague Conference on Private Internation Law, the Ministry was unable to participate in the program. The Permanent Bureau had not sent a program schedule as well, but the Ministry came to know about the schedule through Terre des hommes Foundation in Nepal.

The documentary "Paper Orphan" was in the schedule, which was prepared without legal permission of the concerned authority of Goverment of Nepal. Thus, this was illegally prepared by the Joseph Aguettant, Terre des hommes Foundation in Nepal. The documentary has presented the events of 15 years back, which does not reflect the present reality of inter country adoption of Nepal. The Ministry has reformed the old process and made new Terms and Conditions of Inter Country Adoption in 2008.

In connection with the above background, the Ministry has become very serious and started investigation in this regard.

Nepal has already signed the Hague Convention and is in the process to ratify it. Recently the Ministry has formed a High Level Committee to recommend the Goverment of Nepal to address the Hague Convention. The Committee will also suggest to review the existing law relating to inter country adoption system in Nepal.

The Ministry would like to request the Hague Secretariat, diplomatic missions and other stakeholders to work in collaboration for the best interest of the child.




Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

Inter-country adoption laws in offing (Republica)

Inter-country adoption laws in offing

Republica:

http://www.myrepublica.com/portal/index.php?action=news_details&news_id=20360

Om Astha Rai

Kathmandu, June 27: If everything goes as planned, internationally distinguished foreign nationals will soon be able to adopt Nepali children.

Officials at the Ministry of Women, Children and Social Welfare (MoWCSW) have been mulling over some amendments in the procedures regarding inter-country adoption under Muluki Ain (Civil Code), which, once implemented, will pave the way for foreign nationals to adopt Nepali children of their choice.

Existing international standards and practices and Nepal´s existing laws prohibit any foreign nationals from selecting the children of their choice for adoption.

However, MoWCSW´s proposed amendments overlook existing international practices, which are considered imperative for protecting children from abuses.

Officials at the ministry have proposed such an amendment after the government had to deny several internationally distinguished foreign nationals´ requests for adopting the children of their choice in the past.

Recently, about two dozen American senators had lobbied with the government for adoption of a Nepali child by a US based entrepreneur, according to ministry officials.

The government will allow a foreign national to select a Nepali child of their choice only under special circumstances, an MoWCSW official told myrepublica.com. According to him, MoWCSW will soon send the proposed amendments, which are being discussed in various intra-ministry committees, to the Ministry of Law and Justice (MoLJ).

In addition, MoWCSW officials have proposed that those orphanages which have looked after orphans for at least five years, be made eligible for inter-country adoption. At present, any orphanages can obtain license for inter-country adoption irrespective of the years of its operation.

“The existing laws have arguably helped those people who want to make quick buck by setting up orphanages, and selling off children in the name of adoption,” a ministry official said. “Inter-country adoption has become a booming business. We urgently need laws that will deter such an unscrupulous practice.”

As of now, 42 orphanages have been enlisted for inter-country adoption. Ministry officials believe that a significant number of the listed orphanages have been using inter-country adoption as a means of income generation.

Likewise, as per the proposed amendments, foreign agencies involved in inter-country adoption will necessarily have to open their offices in Nepal. About 80 agencies have been assisting prospective parents to adopt Nepali children. However, none of them have opened their liaison offices in Nepal.

Published on 2010-06-27


Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

Nepal skips the Hague meet on adoption (Republica)

Nepal skips the Hague meet on adoption

http://www.myrepublica.com/portal/index.php?action=news_details&news_id=20125

REPUBLICA

KATHMANDU, June 21: Nepal has remained absent in an international meeting on adoption that is underway in the Hague where it is likely to find itself in an uncomfortable position to defend its inter-country adoption which is marred by alleged fraudulent activities.

The Secretariat of The Hague Conference on Private International Law, an intergovernmental organization, had sent an invitation to Nepal to send representatives to participate in the week-long meeting of the Special Commission which is for the first time taking up adoption trafficking. The meeting kicked off last Thursday and ends on Friday.

"We were invited. We had even decided to send a under secretary but did not at last because we came to know that a documentary was being screened during the meeting," said Secretary at the Ministry of Women, Children and Social Welfare Mahendra Shrestha in a question why Nepal decided not to take part the meeting.

By a documentary Shrestha referred to one prepared by the Terre des hommes Foundation, a Swiss NGO working for child rights and welfare. The 20-minute documentary exposes frauds in Nepal´s inter-country adoption practice.

Nepal even lodged an objection to the Secretariat to drop the documentary from the meeting´s agenda, saying that the documentary does not reflect the current ground realities.

But diplomatic sources who are following adoption issues interpret the government´s deliberate absence in a different way.

"It shows Nepal does not want to improve its adoption system so as to make it of international standard," said an official working at an embassy of a western country.

A member of adoption working group, who is participating in the meeting in The Hague, told myrepublica.com in an email message, "This means Nepal missed the boat and a historic opportunity to join the Special Commission. All countries condemn trafficking against their children. But Nepal was not here to join its voice and say that yes, trafficking happened, but that from now on it will be completely stopped."

Nepal´s adoption system has been questioned internationally following publication of a report The Hague Conference on Private International Law in February this year.

The report based on an investigation on ground by a group of lawyers accused Nepal´s adoption system of being subject to widespread abuse. It also called suspension of adoption from Nepal until reforms are ushered in the system.

Nepal-based embassies of the EU countries and the United States have already asked Nepal government in a diplomatic memorandum to ensure transparency in adoption system and keep child rights protection mechanism in place.

In addition, in March, the United States had issued an alert to prospective adoptive US parents, expressing concern over Nepal´s adoption system and the accuracy of the information in children´s official files.

But Secretary Shrestha said, "We are trying to improve the system. We do not want to see trafficking of children."

Following the publication of the Hague report in February, eight western countries have suspended adoption officially and unofficially from Nepal. They included Canada, Denmark, Germany, France, Norway, Sweden, Switzerland and the United Kingdom.



Published on 2010-06-21



Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

Trade of Children (Voice of Children)

Some Disturbing Allegations from Voice of Children

"What seems confusing here is that one can still make fake papers to show that a child is an orphan, and it can be adopted in the same way as has been practiced earlier."


English translation of an article published in Voice of Children -- July 2008

Trade of Children in the Name of Protection

Rajesh Sharma

Kathmandu

Most of the Children Homes established to protect the orphan children have been involved in trade of these children. These homes are buying children from Agents. They make fake documents to prove them "orphan" and send them abroad with foreigners as Adopted Child.

It has been found that there is a huge flow of money in this business, and persons with high social status like politicians, lawyers, retired police officers, journalists, government officials, and individuals from the tourism sector are also involved.

It's been found that owners of such children homes are earning a minimum of 10,000 Euro by sending a child abroad in the name of Adoption. The real parents of such children get only Rs 20,000, and the agents who bring children to these homes get Rs 5,000 to 25,000.

Smaller the children higher the price

Agents have admitted, in research conducted by Voice of Children, a child magazine, that they are involved in supplying children to these homes. Rita Bhandari (name changed), living at Putalisadak Kathmandu, admits that she's been supplying children to the children homes for more than 7 years. She has so far taken 63 children to the various children homes. She said, "Price is set according to the age and health of the child; higher price is paid for the children of smaller age. So, I prefer to seek newly born babies."

She once took a pregnant lady to the maternity hospital and sent the newly born baby to the children home. "Last year, I made Rs 20,000 for giving a newly born baby to Bal Samanwaya Samiti," she says. More than 20 such female agents have been found active in the capital alone. They manage to take children from the women working in garment factories, restaurant, massage parlors and labor women. These agents say that they provide money to the parents on condition that they do not reclaim their children once they have been given. After that, these children are turned into orphans by preparing fake documents. Like Rita, some other agents are Ramlashi Lama, Kalpana Rana, Krishna Gurung, Tara Shahi, Buddhalaxmi Baraili, Rima Shrestha (all names changed).

"We just get Rs 5,000 to 10,000, but they make up to Rs 800,000 to 1,000,000 by sending a child abroad," says Krishna Gurung. She has been supplying children to the homes like Sagarmatha Children Home, Buddhist Children Home, Sanjivani Children Home, World Nepal. She says, "Whenever I see a pregnant lady in a poor economic condition, I follow her. If you can persuade her with a sum of money, she readily gives you her child."

Rima Shrestha of Dhumbarahi, Kathmandu says that she supplies children to whichever home pays her the most money. She says "there is a big demand among the children homes for newly born babies." According to her, when she was not paid the promised amount of Rs 15,000 for supplying a 6 months old baby to Ms Mani Joshi, chairman of Prayash Nepal, she ceased to deal with her anymore. Now she is giving babies to Nepal Asahaya Children Home. But Mani Joshi declares that she is not getting babies from agents.

Mani says that whenever police inform her about finding children, her organization publishes notices in newspapers to claim the children if they belong to anyone, but if no one claims, we go into the process of proving the children are orphans. Rima says that she has so far supplied 9 children to Mr Hemanta Rijal of Asahaya Children Home. She says, "Most of the children have been sent to Italy." Another agent, Ramlashi Lama, says that Mr. Lokendra Khatri of Bharosha Nepal promised to pay high price if she brought children, but she didn't get paid. Shila K.C., a worker in a garment factory, earned Rs 15,000 by giving her 20 days old baby to Mani Joshi through an agent. "My husband didn't care to support me and our baby, and I was not able to manage alone to nurture my baby. Then I happened to meet Rima Shrestha at that time; she took the child and paid me. Now I hear that my child is in Italy with a well-to-do family."

Most of the persons working in these homes didn't want to come into contact with this reporter. If called on mobile, they would promise to call back and arrange time to meet the following day. But the mobile would kept switched off the following day.

Real Orphans or Fake Documents

Nepal government has formulated a law in B.S. 2057 regarding the Adoption process. According to it, a 21-day notice has to be published calling on the guardians or parents, if any, of the support-less child to reclaim. If no one claims the child, the District Administration Office declares such children as "orphan." The final decision regarding adoption of such child is made by the Recommendation Committee of the Ministry of Women, Children and Social Welfare. This 5-member committee consists of co-secretary of Home Ministry, co-secretary of Ministry of Law, a legal officer of Ministry of Women and Children and a representative from CNFN. A foreigner can adopt a child after getting approval from this committee.

According to a source from the CNFN, children are brought to the homes through agents. At first, the parents of such children are induced by offering a sum of money. Then with the help of police, a fake report is prepared stating that the child is support-less and found in a helpless state. On the basis of that report, a 21-day notice is published for re-claiming the child by its guardians, if any. In 2007, 387 and in 2008, 118 such notices have been published. What is interesting here is that no phone numbers have been included in such notices published by 58 organizations; instead only P.O. Box and the location of these organizations were given. It has been found that, in some cases, the photos of the children have been blurred in the notice, and they are not properly distinguishable.

According to a new provision recently formulated by the government, a notice has to be forwarded to the CCWB and Center for Finding Missing Children within 7 days of bringing a child to a children home, and a notice with a recent photo has to be published in newspapers. The re-claiming period has now been extended to 35 days.

According to Bijay Sainju, former chairman of the Committee for Monitoring Children Homes, the notices produced in newspapers about the children may not always be true. "How can you find a support-less child alive under Bagmati Bridge, in the jungle of Bankali, Swoyambhu, Katunje and along the river bank of Bishnumati river? This is all ridiculous."

According to Upendra Keshari Neupane, a member of the Recommendation Committee, once a child is proven to be an orphan, the committee cannot question anymore. "We know that there is a lot of non-transparency, but what can you do when they show you a document of proof?" says Mr Neupane. "It's completely impractical, in today's context, to claim your missing child from P.O. Box," says Mr. Dharmaraj Shrestha of the CCWB. But according to Mr. Binod Kumar Adhikari, co-secretary of Ministry of Women, Children and Social Welfare, it's very difficult for the children home to approach the Ministry with a fake document, because the file is not forwarded if it is found to be a fake.

A Big Flow of Money

There is no legal provision for the payment when a foreigner adopts a child. But most of them have been paying 20,000 to 100,000 Euro. They pay half of the amount, during the publication of the 21-day notice, for agents, parents, registration and for other legal processing, and the remaining half is paid when they finally take the child with them. According to sources, foreigners have to pay even for the help of other children living in the homes in the form of donation which is normally 10,000 Euro. According to CNFN's (Child NGO Federation Nepal) rule a children home may charge up to USD 5,000 for the whole process of adoption. "CNFN takes Rs 5,000 from the children homes for its daily functioning of CNFN," says Mr. Govinda Adhikari, coordinator of the Advisory Board of CNFN, "If the money is taken from the children homes as a contribution to run CNFN, why should other children homes which are not involved in the Adoption program be included in the network of CNFN? The process is not transparent because there is no legal basis also as to how much one should pay for adopting a child."

According to Mr Bijay Sainju, advisor of CNFN, taking Rs 5,000 from the children homes means that the CNFN is protecting the illegal organizations and without any legal basis CNFN cannot charge that amount. Likewise, there is no legal basis for paying 300 USD to Nepal Children's Organization during the adoption process. According to the rules of Nepal government, an adopting parent has to pay the expenses for monitoring the situation of the children once they are adopted. This sum of money is used for the plane tickets of Minister, his/her P.A. and other officials. According to sources at the Ministry, all other expenses including lodging and food are incurred by the foreign organizations. But once the delegation returns, they again forward the bills to the Ministry. Last year, Minister for Women and Children Mrs. Urmila Aryal, after returning from monitoring, spoke out that she had to face a shameful situation there because of the lack of transparency in the process. She also said that there was lots of embezzlement in the monitoring process. After her remark, the Ministry postponed all processing of Adoption.

Agents' Mischief

There are international agents who coordinate among the Nepalese children homes and the organizations for adoption in foreign nations. These agents are appointed by the organizations there. It has been found that there are 20 such agents from 8 different countries. Children homes provide the documents of a child to these agents. The agent forwards the files to his main office abroad. Those organizations then seek a family there. Such families study the files, and if they like the children, come to Nepal. Once they are in Nepal, the agents and the children homes bargain for the price on the basis of the child's age and health status. Once the price is fixed, the foreigners go to the children home. Then the children home initiates the legal procedure. According to sources, an agent makes up to USD 15,000 for arranging all of these things.

This reporter talked to all 20 of these agents; 19 of them admitted that they were involved in this business. Mr Ramesh Khatiwada is an agent working for Namaste Saludo Nepal with its office in Spain. He says that he coordinates among the children homes and his main office and takes only 10,000 to 15,000 Rupees for his service. Another agent, Mr. Basanta Rijal, working for AIPA, Italy, says that he is working on fixed salary basis. "I manage everything here and get the salary from my main office."

Another man, Mr. Uttar Tamata, working for Faith International, U.S., says that he was just "helping" his office, but not as an agent. These agents are not legally registered. "According to the new rules formulated by the government, 13 child adoption agencies have applied for registration," says Mr. Prakash Kumar Adhikari, a legal officer at the Ministry for Women, Children and Social Welfare.

How did the Adoption Process stop?

The adoption business formally started in Nepal in 1976 A.D. There is no authorized number of children sent abroad for adoption between the years 1976 to 1981. Before the formulation of the Ministry for Women, Children and Social Welfare, 532 children were adopted between 1976 to 2000 A.D. according to the Home Ministry. 2275 children have been adopted between April 2000 to January 2007 A.D.

Nepal Children's Organization, Bal Griha, Bal Sewa Griha, Prayash Nepal, Nepal Asahaya Ghar, Community, Environment and Children Development Organization Nepal, Swastik Bal Griha have sent greatest number of children so far. Those children were sent to Spain, France, Italy, Germany, and America.

After learning that one can make big money in Adoption Business, people from various sectors became involved in it. Former members of Coordination Committee of Nepal Children's Organization, ex-government officials, and peons have opened children homes; except for 2 members, all of the members of the Coordination Committee of the CNFN have their own children homes. There is a big network of agents, police, lawyers, politicians and ex-officials of Nepal Children's Organization and journalists. According to sources, 56 children homes in the capital and 2 in mofussil (*) are involved in this business.

442 files postponed in 2007 due to lack of transparency have been forwarded again on the basis of the same law, and 402 children were sent abroad according to Mr. Binod Kumar Adhikari, co-secretary at the Ministry. There was big diplomatic pressure from the prime ministers of 3 European nations (France, Spain and Italy) to the Prime Minister Girija Prasad Koirala to open the ban on Adoption. An amended law was formulated thereafter in May.

What the Law says?

(i) Old provision

Before the formulation of the Adoption law in 2057 B.S., children were adopted according the Muluki Ain, 12b. In the new law of 2057 B.S., it was clearly stated the two conditions for adoption of any child: either the child has to be an orphan, or the birth parents should give their consent for adoption. For proving a child as an orphan, the children home should publish a 21-day notice for claiming the child by its guardians. If no one claims the child, the District Administration Office declares the child to be an orphan, and the file goes to Recommendation Committee where the final decision is made at the Ministry. In the second case, if the birth parents want to give up their child, a legal paper has to be prepared stating their consent. One of the parents has to prove that he/she has applied permanent family planning methods. After consideration of the file, if it is proved correct, permission is granted from the Ministry.

(ii) New provision

After finding various weakness and loopholes in the existing laws, the government formulated a new law in 2065 B.S. It was believed that the law would come into effect immediately after its formulation, but in practice, all procedures are going ahead according to the old laws. According to the new laws, the files registered in the D.A.O. till B.S. 2064 Jestha, would be processed on the basis of the old law. The new law though seems more effective but is not complete. There is a provision for a child psychologist or a doctor on the Recommendation Committee as recommended by the CCWB. Formerly, children homes used to seek the family for adopting a child, but now it should be done by a committee consisting of a legal government officer as coordinator, director of CCWB as a member, and a representative from the Ministry of Law as a member. The new law clearly states the role of Nepal Children's Organization. According to the new law, a child can be adopted if she/he is proved an orphan, or if the child is provided by the birth parents at their consent. What seems confusing here is that one can still make fake papers to show that a child is an orphan, and it can be adopted in the same way as has been practiced earlier.

An agent says:

"I am Rita Bhandari. I live at Putalisadak. My husband is a taxi driver. 7 years ago, a girl named Sita B.K. working in a garment factory at Boudha gave birth to a baby without a legal father. She was my neighbor. I was confused as what to do with the baby; then at that time I met one staff of Nepal Asahaya Balghar. I requested him to keep the child in the home. He replied that he would accept the baby, but it might be sent abroad also and tried to ask for the mother's consent. Sita decided that that there was no problem in sending abroad her child who didn't have a legal father, and hence left the baby there at the center.

A month later, Mr Hemanta Rijal of the same children home called me and promised to pay if I brought more children. With the help of Sita, I found other children. I used to get Rs 5,000 then. I even persuaded some parents not to reclaim once their child was sent to the home. I then started working for other homes also.

2 years ago I took a newly born baby from a mother at the Maternity Hospital and gave it to Mr. Binod Karki of Balgriha Samanwaya Samiti (Children Homes Coordination Committee). The sum of Rs 20,000 I earned at that time is the biggest amount I have ever earned. I have supplied children to several children homes. Women working in garment factories, restaurants, slums, hotels and labor industry give me children. I take them to the children home. I charge the price on the basis of the child's age. I can make up to Rs 20,000 to 25,000 from smaller children and Rs 5,000 to 15,000 for other bigger children."


LIST OF THE INTERNATIONAL AGENTS

Representative
Organization
Country

1 -- Mr. Manoj Kandel
Choices Adoption
Canada

2 -- Ms. Mani Joshi
----------
Germany

3 -- Mr. Tej Kumar Subba
ANPAS
Italy

4 -- Mr. Basanta Rijal
AIPA
Italy

5 -- Mr. Sanu Prajapati Maharjan
N.A.A.A.
Italy

6 -- Mr. Sharad Raj Gautam
AdopsJons Forum
Norway

7 -- Mr. Ramesh Khatiwada
Namaste Saludo Nepali
Spain

8 -- Mrs. Mukta Shrestha
Consul Lluis Belvis
Spain

9 -- Mr. Kiran Shahi
ECAI Bal Balika
Spain

10 -- Mr. Dil Pahari
Mani Watch / Victor
Spain

11 -- Mr. Arun Kumar Gurung
Children's Without Frontiers, Madrid
Spain

12 -- Mrs. Maya Tamata (Jaya Ram Tamata)
ASEAN
Switzerland

13 -- Mr. Binod Karki
Commonwealth
USA

14 -- Mr. Kiran Man Shrestha
Adoption Associates
USA

15 -- Mr. Uttar Tamata
Faith International
USA

16 -- Mr. Keshav Regmi
----------
USA

17 -- Namita Lamsal
Holt International Children's Services
USA

18 -- Kedar Dahal
----------
Belgium, USA

19 -- Mr. Bhraman Shrestha
1. Florida Home Studies, 2. Amici Trenti
USA, Italy

20 -- Jaya Rajbhandari
Florida Home Studies and Adoption
USA

Voice of Children -- July 2008

Translation by Purushottam Lamsal for Voice of Children.

Voice of Children is a leading child rights magazine in Nepal. It is supported by international donors.

* definition of mofussil (for readers outside of South Asia):

http://en.wiktionary.org/wiki/mofussil




Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

Call to encourage domestic adoption (Kathmandu Post)

Call to encourage domestic adoption

Kathmandu Post

Kathmandu -- June 11

Stakeholders working in the field of child rights on Friday called on the authorities concerned to give top priority to domestic child adoption as compared to inter-country adoption.

National Human Rights Commission (NHRC) commissioner Gauri Pradhan stressed the need to promote child adoption within the country if families from poor background are ready for it.

“It is also crucial to find out the children’s siblings and relatives, who can also look after the children, before referring for inter-country adoption,” said Pradhan, who has long been associated with child related organisations.

The inter-country adoption is grabbing headlines in the country largely due to malpractice and corruption in the absence of effective monitoring mechanisms.

Speaking at an interaction on National Consultation on Inter Country Adoption and Hague Convention, Pradhan was of the view that the government must ratify the Hague convention at the earliest so as to secure the rights of children under inter-country adoption.

Nepal had signed the Hague Convention of Inter-country Adoption on April 2009. However, the government is yet to ratify it and implement it in the legal procedural level.

Nepal chief of the Terre des Hommes, Joseph Aguettant, pointed out the need for the government to take steps to encourage adoption at the domestic level.

“Taking children to orphanages was a good thing some hundreds of years go, especially in Europe and America, but things have changed now,” said Aguettant. “Orphanages have become the worst places to stay these days.”

According to him, about 62 percent of the children staying in orphanages have parents. In most of the cases, biological parents are misled that their child would come back again, he added.

“They do come but not being his/her child but as a tourist,” said Aguettant. “The child after adoption is no more a Nepali.”

Meanwhile, Secretary of the Ministry for Women, Children and Social Welfare, Mahendra Prasad Shrestha said the government is in the process of ratifying the convention. “We need to amend the law in order to ratify the convention. But this time around, we are more focused on the process of drafting the constitution,” said Shrestha.

http://www.ekantipur.com/the-kathmandu-post/2010/06/11/nation/call-to-encourage-domestic-adoption/209286/



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Amendment to inter-country adoption on cards (The Himalayan Times)

Amendment to inter-country adoption on cards


Himalayan News Service

2010-06-11

KATHMANDU: The Ministry for Women, Children and Social Welfare (MoWCSW) is working to amend the provision regarding inter-country adoption.

Mahendra Prasad Shrestha, secretary at the ministry, said the new inter-country adoption would follow ‘reformative process’ to make it compatible with the present time demand.

“The ministry is changing terms and procedure for inter-country adoption on the basis of the Hague Convention,” he said.

After Germany, Canada banned adopting Nepali children following reports of extensive cases of abuse, fraudulent documents about children’s origin and other related information.

The Canadian Immigration Ministry had pointed to a Hague Conference report on Private International Law that described ‘strong evidence’ of prevalence of fraudulent documents and false statements about children’s origins, age and status, as well as whether adoptees or potential adoptees were abandoned.

Addressing a national consultation on inter-country adoption and Hague Convention organised by Child Workers in Nepal Concerned Centre (CWIN-Nepal), Shrestha said Nepal was facing several problems regarding the adoption. He urged for suggestions from the authorities concerned for amendment of the provision on adoption.

Gauri Pradhan, founder-president of CWIN-Nepal and National Human Rights’ Commission member, said the country should formulate legal provision on the basis of international commitment. He urged the government to formulate minimum standard for domestic and inter-country adoption. “The reason behind the ineffectiveness of national policy is the lack of transparency,” he said.

European nations, particularly Italy, France, Spain, Germany as well as the US and Canada are the major recipients of adopted children from Nepal.

Applications for the inter-country adoption of 534 children have been filed this year, however, only around 400 children are available with the ministry. The ministry has handed over around 40 children so far since 2009. The ministry is working with 80 foreign and 44 domestic agencies for inter-country adoption.

The Himalayan Times

http://www.thehimalayantimes.com/fullNews.php?headline=Amendment+to+inter-country+adoption+on+cards&NewsID=246712



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United Kingdom -- Nepal Update (3 June)

United Kingdom -- Nepal Update

http://www.dcsf.gov.uk/intercountryadoption/#a030610

3 June 2010 – Nepal update

The Hague Bureau published the report of its technical assistance mission to Nepal in November 2009 which looked at the intercountry adoption processes in Nepal. It recommends to the Nepalese Government a temporary suspension of adoptions while the necessary reform of the intercountry adoption process is undertaken.

Following this new evidence, an Order was made to suspend adoptions from Nepal by British citizens. The Order came into force on 3 May 2010.

A copy of the Hague report can be found at:
http://www.hcch.net/index_en.php?act=publications.details&pid=4958&zoek=Nepal

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MEDIA: Ojha blames former minister, NGOs, INGOs (Himalayan Times)

Ojha blames former minister, NGOs, INGOs

2010-06-06

The Himalayan Times

Himalayan News Service

KATHMANDU: Sarv Dev Prasad Ojha, minister for Women, Children and Social Welfare said today that foreign countries were suspending adoption from Nepal after the ministry implemented the ‘The Financial Aid Mobilisation and Management Procedure, 2010 strictly.

“Inter-country adoption has at present developed into a racket with wide and strong network,” said the minister adding that foreign countries were unhappy with the management procedure that he recently introduced. He charged that NGOs and INGOs were looting the country in the name of social service, with around 276 orphanages established in Kathmandu alone.

The present procedure has a provision for integratively and transparently mobilising and managing financial aid contributed by foreign organisations or agencies enlisted last year or to be enlisted from this year with the ministry. As per the present provision, the foreign organisation shall annually contribute at least US$10,000 of which $3,000 would be deposited as government revenue and $5,000 had to be contributed to orphanages.

The minister charged that Pampha Bhusal, the former women’s minister and her team had kept 550 inter-country adoption cases pending in 2009 as they failed to finalise a deal. “There is no record of $10,000 that the ministry took from 63 international agencies in the name of inter-country adoption,” accused the minister, assuring that the case would be investigated and those responsible would be punished.

Referring to the Canadian authorities’ move suspending adoption from Nepal on Friday, he said it wouldn’t make a great difference.

After Germany, Canada banned adoption of Nepali children, citing reports of extensive abuse, fraudulent documents and false statements about children’s origin and other related information. Canada’s Immigration Ministry had pointed to a report of the Hague Conference on Private International Law that described “strong evidence” of prevalence of fraudulent documents and false statements about children’s origin, age and status, as well as questions of whether adoptees or potential adoptees were abandoned.

At present, there are 534 inter-country adoption applications, but there are only 400 children available for adoption.

The ministry has handed over around 40 children for adoption till date since 2009. It is working with 80 foreign agencies and 44 domestic agencies for inter-country adoption.

European nations, particularly Italy, France, Spain, Germany as well as the US and Canada are major recipients of adopted Nepali children.

Ojha added that Nepal could not ban inter-country adoption as the country was not self-sufficient in terms of resources for nurturing and bringing up orphaned children.

http://www.thehimalayantimes.com/fullNews.php?headline=Ojha+blames+former+minister%2C+NGOs%2C+INGOs+&NewsID=246285



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Canada -- Moratorium imposed on adoptions from Nepal

Ottawa, June 4, 2010 – Canadian adoptions from Nepal have been suspended due to concerns about fraud and child trafficking.

A recent report by the Hague Conference on Private International Law revealed that there is strong evidence that documents are being falsified on a regular basis and false statements are regularly made about a child's origins, age and status – and whether they have been abandoned.

Based on this evidence, and the recommendations of Citizenship and Immigration Canada (CIC) and with the support of Human Resources and Skills Development Canada (HRSDC), the provinces and territories have agreed to suspend adoptions from Nepal.

Provinces and territories are responsible for approving adoptions. CIC is responsible for granting the adopted child citizenship or allowing them to immigrate as a permanent resident. HRSDC’s role is to encourage communications and co-operation with provincial and territorial, federal, and foreign government counterparts in the adoption community.

“We know how disheartening this must be for the parents concerned, but several authoritative sources, such as The Hague Conference and UNICEF, have raised serious concerns about the use of fraudulent documents and the prevalence of child trafficking in Nepal,” said Jason Kenney, Minister of Citizenship, Immigration and Multiculturalism. “It is important to get a reformed system in place in Nepal before proceeding with adoptions.”

Proceeding with adoption cases from Nepal could violate Canada’s obligations under The Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoptions. Both CIC and HRSDC work in close coordination with provincial and territorial adoption authorities and are monitoring the situation in Nepal.

“There are a number of Canadian parents seeking to adopt children from Nepal who are understandably anxious but our priorities remain the best interests of the child and the prevention of child trafficking,” added Minister Kenney.

Follow us on Twitter at: www.twitter.com/CitImmCanada

For further information (media only), please contact:

Alykhan Velshi
Minister’s Office
Citizenship and Immigration Canada

Media Relations
Communications Branch
Citizenship and Immigration Canada
613-952-1650
CIC-Media-Relations@cic.gc.ca

http://news.gc.ca/web/article-eng.do?m=/index&nid=537729



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New DOS Appointment in Office of Children's Issues

MEDIA NOTE
Tuesday, May 25

Secretary Clinton Designates Special Advisor for International Children’s Issues

Secretary Clinton is pleased to announce the appointment of Ambassador Susan S. Jacobs as Special Advisor to the Office of Children’s Issues. A long time child advocate, Secretary Clinton has created the new foreign policy position to address intercountry adoption and international parental child abduction. In her work on these important issues, Ambassador Jacobs will actively engage with foreign government officials to protect the welfare and interests of children.

Ambassador Jacobs most recently served as a Senior Policy Advisor in the Bureau of Consular Affairs. A former United States Ambassador to Papua New Guinea, the Solomon Islands and Vanuatu, she also served as the Deputy Assistant Secretary for Global Issues in the State Department's Bureau of Legislative Affairs. Her distinguished Foreign Service career has also included tours in Caracas, Tel Aviv, New Delhi, Bucharest, and San Salvador.

Ambassador Jacobs graduated from the University of Michigan and later studied at Georgetown University Law School and the George Washington University. She has received numerous awards, including the Department of State's Meritorious Honor Award, its Superior Honor Award, and the Community Achievement Award in New Delhi.

The Office of Children’s Issues in the State Department provides services to parents, children, and families in intercountry adoption and international family abductions. It serves as the U.S. Central Authority for both the 1980 Hague Convention on the Civil Aspects of International Child Abduction and the 1993 Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption.

For more information about the Office of Children’s Issues at the State Department, please visit:
www.adoption.state.gov
www.travel.state.gov/childabductionEthics, Transparency, Support
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How fate smiled on foundling (Kathmandu Post)

How fate smiled on foundling (Kathmandu Post):

http://www.ekantipur.com/the-kathmandu-post/2010/05/31/top-story/how-fate-smiled-on-foundling/208880/

BABURAM KHAREL

KATHMANDU, MAY 31 -

He was born in a Capital-based hospital on August 25, 1981. His mother died soon after his birth and his biological father abandoned him to the mercy of God. That day, August 25, 1981, there was no one to look after him. Would he live or die?

Then fate took a hand. He was just three months old 29 years ago, when a French doctor and philanthropist, Robert Raphael Boyer, arrived as the proverbial angel and gave him his new identity. Laxman was adopted by the Boyer family.

Who would have thought that this abandoned child would one day become the youngest politician and administrator in France? Raphael Laxman Boyer, under his foster parents’ identity, became his town’s youngest elected councilor and managing director of a college in France. Laxman got the chance to study in France’s expensive schools and colleges. He grew up at Saint-Genies-Laval in France with his brother J’er’emie Anai’s studying, playing the cello and taking part in sports. In an e-mail interview, Laxman said: “My childhood was exciting. During summer breaks, I used to travel to European countries and parts of the US.” The Boyer family never let him down.

What made him a successful man? “Education changed my life,” he said. “I am a bookworm.”

Laxman’s enthusiasm for books on French politics attracted him to politics. At a very young age, he joined a party called Rassemblement Pour La Re’publique, which claimed to be ‘Gaullist’. With a Masters in Public Law and Political Science from Paris University, he is now his town’s youngest elected councilor at 19. And he has a dream - to become the French Ambassador to Nepal.

However, Laxman recently decided to veer away from politics for some time. According to him, just like in Nepal most politicians in France also don’t work for the people. “My tenure as councilor was an eye-opener. I found that most of the political leaders are ambitious, selfish and do not live up to their words,” he said. He does not know much about Nepal’s politics but feels that it takes time to learn democratic norms and values.

Naturally, he has no memories of his birth place. Yet, his bond with Nepal is intact. Two years ago, he visited the country of his birth for the first time to explore his roots, and he still wants to come to Nepal and do something for orphans. “I would like to do my best for them as they are like me,” he said.

Laxman’s story is a perfect example of how to make the picture a perfect one, and more so, at a time when the country’s inter-country adoption process has hit the headlines for wrong reasons. It is no secret now that orphanages put children having biological parents for adoption just to get money. “Authorities should work for the best interests of the child and ensure that adoptive families will bring her/him up well,” Laxman said.


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