Children trapped between supply and demand (Nepali Times)

Children trapped between supply and demand

Where does adoption end and trafficking begin for Nepal's children?

JENNIFER LOWE

Nepali Times (17 JUNE 2011 - 23 JUNE 2011):

http://nepalitimes.com/issue/2011/06/17/Nation/18300


[Photo] -- SHHH: Sign on the wall of an "orphanage" in Kathmandu housing children like the one, right, who have biological parents. The children are offered for international adoption, often without the knowledge of their parents.


Kathmandu Valley has dozens of children's homes and orphanages, Thamel is plastered with fliers looking for volunteers and donations to help parentless children. Foreigners can often be seen holding their newly adopted Nepali babies as they dine in hotels.

It is clear that the business of adopting orphans has taken off in Nepal. Below the surface, however, lies complicated political and social conditions that affect the lives of thousands of Nepali children.

Since international adoption from Nepal became legal in 1976, there was a huge increase in the number of both registered and unregistered childcare facilities as well as an increase in incidents of trafficking, false documentation and bribery. This led to the temporary suspension of adoption from Nepal in 2007 by the Ministry of Women, Children, and Social Welfare.

But by January 2009, the self-imposed ban was lifted, resulting in an even more disturbing situation.

Inside a small orphanage on the outskirts of Kathmandu live dozens of 'orphaned' children. Younger children lie in small rooms tied to cribs, with the door shut, screaming, in desperate need of a diaper change. Older children stand barefoot outside as they wait for the small amount of food they are allotted each day.

Sadly, this is an all too common scene in Kathmandu. Organisations like UNICEF and Terre Des Hommes Foundation estimate that more than 15,000 Nepali children live in residential care facilities, but no one knows how the children are treated because the shelters are rarely monitored. Shockingly, more than half of the children in the 'orphanages' actually have biological parents.

Inside the same orphanage, a 15-year old girl nervously confesses having living parents and two younger brothers. "I want to go home," she whispers in English as her biological younger brother climbs onto her lap. Her parents voluntarily gave their children to shelters in the city because they couldn't afford to feed and educate them. In many cases parents are promised their children's safe return following the completion of their education, but many never see their children again because they are sold to foreign adoptive parents.

Many child-care facility owners see the struggle of poverty-stricken parents simply as a lucrative business opportunity. This is not surprising because the average price of an international adoption can be up to $10,000.

On the other hand, many adoptive parents also endure great personal turmoil as they wait for their children. Over the past year, 11 countries including the United States, Canada, and Britain have suspended adoption from Nepal, citing an unreliable adoption system and the documentation practices. Although no new adoptions can be initiated from these countries, parents who have already begun the adoption process have been forced into legal battles with government embassies in their efforts to acquire visas for their newly adopted children.

Dozens of families from these counties have put everything on the line to bring their children home, spending thousands of dollars in legal fees and months stuck in small hotel rooms in Kathmandu. Sharon Vause is one parent. "I am meeting families here who are risking everything to bring their children home," she told Nepali times, "some have sold their homes, taken loans, but we are doing it for our children, we can't give up on them."

A growing group of foreign and domestic voices are once again calling for the suspension of international adoption from Nepal. However, those who oppose this fear that children will be forced to live in bleak orphanages for years before adoption is resumed.

In order to bring adoption practices in Nepal up to the standards outlined by The Hague Convention, child care experts say, there is a need to completely reorganise the process. In the meantime some agencies like Next Generation Nepal are concentrating their efforts on rescuing children with their biological families in hope of one day healing shattered lives.

________________________________

SOS for children

Even though the plight of non-orphans in orphanages seems insurmountable, there are some glimmers of hope. The SOS Children's Village in Sano Thimi is part of a chain of international long-term care facilities started in Austria by Hermann Gmeiner in 1949.

SOS facilities are based on a family structure with on-campus schooling, extra curricular activities, and family style housing with 10 children living in each of 14 homes with a single "house mother". SOS ethos also includes a unique integration program that helps children learn how to live on their own while still benefiting from the SOS infrastructure and support. No SOS facility offers children internationally or domestically for adoption, expect by extended family members of the children.

In stark contrast to commercial 'orphanages' in Kathmandu, children can be seen at all hours of the day singing in classrooms, playing football outside, eating healthy snacks, and helping to care for their new brothers and sisters. Perhaps such facilities provide a glimmer of hope in the face of uncertainty for the future of adoption in Nepal. "We create a sense of belonging, children have lost their lives and here they can feel important and valid and like they belong," says Khagendra Nepal of the Sano Thimi SOS Children's Village.

www.sosnepal.org.np

See also:

On sale, A NEPALI TIMES INVESTIGATION
Adopting new safeguards
Cinderella children, PHILIP HOLMES

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

U.S. Still Suspects Fraud In Nepalese Orphanages (NPR)

U.S. Still Suspects Fraud In Nepalese Orphanages

by Monica Brady-Myerov

May 10, 2011

Listen to the Story:

http://www.npr.org/2011/05/10/136179395/u-s-still-suspects-fraud-in-nepalese-orphanages

All Things Considered -- National Public Radio


Photo -- Prakash Mathema/AFP/Getty Images

The Helpless Children Protection Home is an orphanage in Katmandu. Last August, the U.S. government suspended adoptions from Nepal because it was concerned about fraud in Nepal's adoption system — and there's still concern.


May 10, 2011 from WBUR

Last August, the U.S. government suspended adoptions from Nepal because it was concerned about fraud in Nepal's adoption system. The suspension left dozens of American families in limbo.

After months of investigations almost all of those American families have been granted visas for their adopted Nepali children.

But there's still concern about whether many of Nepal's orphans really are orphans.

Children Sold By Traffickers

The desire to be a mother was so strong for 45-year-old Dee Dee Milton that she went halfway around the world from Boston to Nepal to try to achieve it.

"I tried to adopt through the American foster system here and was not matched with a child and was told they had no idea when I would be matched and if I would ever be matched," she says.

In July, Milton was matched with a 4-year-old Nepali girl. Just after Milton landed in Nepal and took custody of her daughter, Bina, the U.S. closed the program, saying too many children who were reported to be abandoned by their families may actually have been kidnapped or sold into the orphanage system.

Milton and 65 other American families were caught in the middle. Milton ended up living in Nepal and hiring lawyers and investigators to help prove Bina was legitimately abandoned. Milton had to take out a home equity line of credit to afford the delay.

"I was on an unpaid leave from my job, so I literally had no funds coming in the entire time I was gone and then came home to unemployment," she says.

"In the worst cases I've seen ...they are actually forging death certificates for families and putting these children up for international adoption."

- Conor Grennan, founder of Next Generation Nepal, an NGO that has reconnected 400 trafficked children with their families

Janice Jacobs, assistant secretary of state for consular affairs, says while she sympathizes with what Milton went through, Nepal's child adoption system isn't trustworthy.

"They estimate — the NGOs with a lot of on-the-ground experience — estimate that perhaps 10 percent of the children who turn up in orphanages are in fact abandoned," she says.

That means as many as 90 percent of children in Nepalese orphanages may have been sold by a child trafficker under false pretenses. UNICEF estimates there are 650,000 orphans in Nepal.

Conor Grennan says that happens all the time. He's the founder of Next Generation Nepal, an NGO that has reconnected 400 trafficked children with their families. He says some of the children have been kidnapped. Other children have been sold by their families to brokers, who claim they will educate and care for them.

"And in the worst cases I've seen ... they are actually forging death certificates for families and putting these children up for international adoption," Grennan says.

Grennan says the child trade continues because it's lucrative. Orphanages can make $5,000 per child from an international adoption — a lot of money in a country where more than half of the population lives on less than $1.25 a day, according to UNICEF.

Difficult To Prove Fraud

Five months after Milton went to Nepal, Bina got a U.S. visa once a government investigation found no fraud. Now Bina lives a typical life of an American little girl, attending preschool, visiting her nana and tormenting her cat.

Eventually, U.S. investigators determined there was no fraud in the cases of 65 of the 66 children waiting to be adopted by American families. Only one is still pending, which leads Milton to ask: Where is the fraud?

"I mean, the law of averages and the number of cases — [and] there was absolutely no fraud found?" Milton says.

But proving fraud is very hard, says Grennan. He says the only way is to travel to mountainous villages.

"There's no roads here," Grennan says. "You have to put on a backpack and you have to walk through the mountains and you have to get to the village and you have to say this is where the child is from, are the parents still alive or are they not? To me, that is the proof," he says.

The investigation of Bina Milton and the others was done by a government agency outside Nepal. Jacobs of the State Department says you can't draw conclusions about the adoption system in Nepal from those investigations. She says Nepal will have to make sweeping changes to its child welfare system if the U.S. is to reopen adoption.

"They have to work on a system that builds in better protections for these children and they also have to find ways to look for domestic solutions," she says.

http://www.npr.org/2011/05/10/136179395/u-s-still-suspects-fraud-in-nepalese-orphanages



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

Child adoption process to become more credible (The Himalayan Times)



Child adoption process to become more credible

The Himalayan Times

2011-05-08

KATHMANDU: The Ministry of Women, Children and Social Welfare (MoWCSW) is working on the recommendations of the Permanent Bureau of The Hague Conference on Private International Law to make the adoption process more credible and reliable.

The ministry is gearing up to implement recommendations forwarded by the Permanent Bureau.

The Bureau has recommended that the country control the number of adoption files by publicising detailed profiles of adoptable children on their website. It recommended that recipient countries submit an existing file before working on a new file in the adoption process and provide a chance to older children to express their views and experience on the process.

“We will support almost all the points forwarded by the Permanent Bureau but have some problems in implementing recommendations on the financial aspects due to political instability,” said Sher Jung Karki, undersecretary at the ministry. Recipient states should encourage their development aid bodies to contribute to development of child protection system in Nepal so that Nepal does not have to request adoptive parents and Adoption Accredited Bodies (AAB) to contribute to orphanages (US$ 5,000 and US$ 10,000 respectively).

We have been asked to collect information on the origin of children, including police report and interviews of older children to make the process more reliable and effective, informed Karki.

As per the recommendation, the country will work only with AAB under the Hague Convention and delist agencies that did not process any case in the last ten years. Karki further added they had asked for monitoring the AAB website to ensure accurate information.

The Permanent Bureau, receiving states and organisations will provide assistance to Nepal to develop adequate legal framework for child protection and adoption, mentioned the recommendation, urging the country to recognise the need to make changes and improvements before ratifying the Hague Convention.

The Bureau has also emphasised importance of recipient states being assured that all documentation surrounding the status of the child, adoptability and adoption have been carefully scrutinised and authenticated. They also sought regulation and transparency in costs and fees, and their use.

The Himalayan Times:

http://www.thehimalayantimes.com/fullNews.php?headline=Child+adoption+process+to+become+more+credible&NewsID=287221



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

Left in limbo: Nepalese adoptions halted (PBS)

Left in limbo: Nepalese adoptions halted (PBS)

On Mother’s Day weekend, adoptive parents on the verge of bringing home a child find themselves caught between two governments.

By Habiba Nosheen and Lisa Desai

May 6, 2011

The U.S. State Department has suspended adoption of abandoned Nepalese children, citing numerous examples of unreliable and possibly fraudulent documents.

For Dee Dee Milton and 70 other American families who were in the midst of finalizing adoptions from Nepal, the new U.S. policy left them in limbo. The onus was now on those families to prove that the child they wanted to adopt is a legitimate orphan.

Need to Know traveled to Nepal to meet American adoptive parents who are fighting to bring their adopted children home, as well as Nepalese biological parents whose children were put up for adoption without their consent.

http://www.pbs.org/wnet/need-to-know/video/video-left-in-limbo-nepalese-adoptions-halted/9158/


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

Commissione per le Adozioni Internazionali (Italy)

Commissione per le Adozioni Internazionali:

http://www.commissioneadozioni.it/it/notizie/2011/comunicato-nepal-.aspx

COMUNICATO: NEPAL (05/04/2011)

Nei giorni 31 marzo e 1° aprile 2011 si è tenuto a Roma un incontro tra una delegazione da rappresentanti del Governo e alti funzionari del Nepal, i vertici del Permanent Bureau della Conferenza di Diritto Internazionale privato de L’Aja e i rappresentanti di 14 Paesi di accoglienza (Belgio, Canada, Danimarca, Francia, Germania, Italia, Paesi Bassi, Norvegia, Spagna, Svezia, Svizzera, Regno Unito, Stati Uniti d’America) ratificanti la Convenzione del 1993. L’incontro, promosso e organizzato dal Permanent Bureau con il supporto della Commissione per le Adozioni Internazionali, è stato determinato dalla necessità di sollecitare e sostenere il Nepal nel processo di adeguamento del proprio sistema normativo e operativo ai principi della Convenzione del 1993, firmata dal Paese asiatico nell’aprile 2009.

Le criticità del sistema nepalese, solo in parte risolte dalle nuove norme introdotte nel 2008, avevano determinato le autorità di tutti i Paesi d’accoglienza a sospendere – già dal giugno 2010 – il deposito di nuovi dossier. In particolare, l’attuale sistema non prevede una reale tutela dei diritti dell’infanzia, non garantisce l’accertamento dello stato di abbandono e non assicura il rispetto del principio di sussidiarietà.

Il sen. Carlo Giovanardi, presidente della Commissione per le Adozioni Internazionali, ha aperto i lavori assicurando il sostegno dell’Italia a tutte le iniziative individuate dalle autorità partecipanti al meeting, volte ad accelerare il processo di cambiamento auspicato.

Le due giornate di lavoro congiunto hanno portato ad una più chiara reciproca comprensione. In particolare, la delegazione nepalese ha confermato la volontà di aderire al programma di assistenza tecnica offerta dal Permanent Bureau, cui i Paesi di accoglienza porteranno il loro supporto. La delegazione ha altresì illustrato le tappe per una serie di riforme già programmate nelle grandi linee, manifestando il bisogno del Paese di interventi di cooperazione per sostenere la transizione. Al riguardo, i Paesi di accoglienza hanno assicurato la volontà di valutare interventi di supporto.

E’ stata comunque confermata la comune decisione di mantenere la sospensione del deposito di nuovi fascicoli, finché il Nepal non avrà raggiunto standard normativi e operativi conformi al “sistema Aja”.E’ stata peraltro espressa alla delegazione nepalese la disponibilità dei Paesi di accoglienza di ricercare soluzioni per i bambini con “bisogni speciali”.


Google Translate:

http://translate.google.com


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

Preparation to amend laws on children (The Himalayan Times)

Preparation to amend laws on children

The Himalayan Times

2011-04-16

KATHMANDU: The government is preparing to make the process of adopting children easier in Nepal and initiate necessary process to ease inter-country child adoption.

At a discussion programme organised by the Federation of Child Homes Nepal here on Friday, Deputy Secretary at Ministry of Women, Children and Social Welfare, Sher Jung karki informed the government is mulling to make necessary amendments to existing laws on children in Nepal.

The changes will be made in the laws considering the conclusions drawn from the discussion recently held among the representatives of European government, United States and Canada, Hague secretary and Nepal government representatives in Rome of Italy.

The Himalayan Times:

http://www.thehimalayantimes.com/fullNews.php?headline=Preparation+to+amend+laws+on+children&NewsID=284194



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

U.S. State Department -- Update on Adoptions in Nepal

Nepal -- U.S. State Department

April 22, 2011

Notice: Update on Adoptions in Nepal


Government of Nepal Announces Amendments to 2008 Terms and Conditions

On January 5, 2011, the Government of Nepal, Ministry of Women, Children and Social Welfare (MOWCSW) in its Notice No. 1 announced that children found by the police will not be available for intercountry adoption until further notice. This and other amendments to the Terms and Conditions of 2008 may be found at:

http://www.mowcsw.gov.np/inter-country-adoption-15-en.html


Nepal Forms New Government

On February 3, 2011, in the 17th round of voting, Nepali parliamentarians chose Jalala Nath Khanal as the new Prime Minister. On the same day, Parliament passed a resolution censuring Sarba Dev Ojha, the most recent Minister of Women, Children, and Social Welfare, for negligence, lack of responsiveness, and violation of the parliamentary Committee on Women, Children, and Social Welfare's rules. On March 12, 2011, Khadga Bahadur Bishwakarma was appointed as new Minister of Women, Children and Social Welfare. Bishwakarma previously held this same position from 2007-2009, during the Government of Nepal-imposed suspension of intercountry adoptions.


Assistant Secretary of State for Consular Affairs Janice L. Jacobs' Visit to Nepal

Assistant Secretary of State for Consular Affairs Janice L. Jacobs visited Nepal on February 16-17, 2011. During her visit, she met with officials in the Foreign Ministry, the Ministry of Women, Children and Social Welfare and the Prime Minister's Office. They discussed the United States Government's concern with the lack of integrity and transparency in the adoption system in Nepal.

Assistant Secretary Jacobs encouraged the Government of Nepal to work with the international community, including The Hague Permanent Bureau, to implement The Hague Adoption Convention and reform its adoption process to protect children and families.

Assistant Secretary Jacobs noted that recent changes to the adoption process in Nepal are inadequate to address concerns about the origin of the children being matched for intercountry adoption.

The U.S. suspension on new adoption cases involving abandoned children will remain in place until substantive progress is made on the issues raised by a February 2010 Hague Convention report.


Permanent Bureau meeting with Government of Nepal Adoption Officials in Rome

On March 29, a joint Department of State/U.S. Citizenship and Immigration Services delegation attended meetings in Rome organized by The Hague Permanent Bureau (HPB) and the Italian Central Authority to discuss how to improve Nepal's intercountry adoption and child welfare system. Nepal sent representatives from the Ministry of Women, Children and Social Welfare, and the Intercountry Adoption Management Committee. The two-day meeting involved representatives from 12 major receiving countries (Belgium, Canada, Denmark, France, Germany, Italy, Norway, Spain, Sweden, Switzerland, the United Kingdom, and the United States) as well as participants from UNICEF and Terre des Hommes Foundation.


Update on Adoption Case Processing

Since the August 6, 2010 announcement that the Department of State and U.S. Citizenship and Immigration Services (USCIS) were suspending processing of new adoption cases from Nepal that involve children who are claimed to have been found abandoned, sixty four families filed Form I-600 petitions with the U.S. Embassy in Kathmandu on behalf of their adoptive children. Of these, Embassy Kathmandu found six petitions approvable and sent 56 petitions to the USCIS office in New Delhi as "not clearly approvable." One case in which the Form I-600 was recently filed with Embassy Kathmandu is under investigation by the Consular Section. USCIS approved one case after an initial review, and sent 55 families Requests for Evidence (RFE) asking for additional information in their case. As of April 15, 2011, USCIS found those 54 petitions approvable after reviewing additional information submitted by the families. One petition remains pending. Embassy Kathmandu has issued 46 immigrant visas to the beneficiaries of those petitions; the remaining families are in the process of finalizing their adoptions and applying for their adopted child's immigrant visa.

http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=notices&alert_notice_file=nepal_3



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