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Can you explain the
problem behind the pending crisis in Guatemala?
Guatemalan President Oscar Berger has announced plans to effectively
suspend all adoptions into the United States as of January 1, 2008. This
leaves the lives of more than 5,000 children who have already been
matched to adoptive parents in limbo. The birthparents for these
children have already relinquished their parental rights and as a
result, these children currently have no family home. The effective
suspension the prospect for the placement of these children
in a permanent, safe and loving family. More so, the Guatemalan
government currently does not have the finances or facilities to provide
housing for these 5,000 children. For these reasons, Joint Council urges
you to support the Guatemala 5000 Initiative.
The Guatemala 5000 Initiative
Joint Council's immediate recommendation for a comprehensive
response
to the proposed changes in Guatemalan intercountry adoption
For more information about the Guatemala 5000 Initiative, please
click here.
To make a difference in the lives of 5000 children, please click
here.
For the latest news, please click here.
To contact Joint Council, please click here.
If you are interested in donating to the
Guatemala 5000 Initiative or any of Joint Council's other efforts,
please click the link below.
THANKS FOR YOUR SUPPORT!
The Joint Council
Response
Based on dialogue with stakeholders in
Guatemala intercountry adoption, including the Guatemalan government,
the U.S. Department of State, U.S. Citizenship and Immigration Services,
adoption service providers, and Guatemalan attorneys, and with the
support of the Joint Council Guatemala Caucus Co-chairs, the following
represents Joint Council’s understanding of recent events, assessment of
their impact, and more information about the Guatemala 5000
Initiative, our immediate recommendation for a
comprehensive response.
For additional
information, click
here to review the latest Joint Council press release addressing
the proposed changes to Guatemala intercountry adoption.
The Berger Administration's Announcement
Guatemalan President Oscar Berger has
announced (as released by the U.S. Department of State) plans which
would effectively suspend all intercountry adoption with American
families on January 1, 2008. Joint Council strongly opposes such a
suspension and asks for your support in our efforts to ensure that all
children retain the right to permanency through Intercountry Adoption.
According to the U.S. Department of
State, during a meeting of the international community sponsored by the
Hague Permanent Bureau, the Berger administration announced the
following:
-
As of January 1, 2008, (the date the
Hague Convention goes into force in Guatemala), all adoption cases
must meet Hague standards. This includes all pending (in-process)
adoptions including those filed prior to January 1 2008.
-
As of January 1, 2008, Guatemala will
not process adoptions for non-Hague countries including the U.S.
President Berger’s plans also would
have the affect of suspending adoptions currently in-process. Such a suspension
would be extremely detrimental to the children referred to adoptive
parents. If President Berger’s plan is actually implemented, up to
5,000 will unnecessarily remain in foster care or orphanages
indefinitely.
This situation represents a pending
crisis for the adoptive families who have lovingly chosen to provide
permanency, safety and love to a child in need and most importantly a
crisis for 5,000 children of Guatemala.
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Joint Council's Assessment
Given that Guatemala does not currently
have a functioning Hague process and the Hague Convention will not be in
force for the U.S. on January 1, 2008, implementation of the announcement
by the Berger administration will bring all intercountry adoptions to a
halt. Adoptions in process will be required to register under a new
process which has yet to be identified or implemented. Should a Hague
compliant system be in place on January 1, 2008, the U.S. will not be a
full Hague country until April 1, 2008 or later and would not be
permitted to participate in intercountry adoption until such time as the
Hague Convention goes into force. This clearly indicates that a best
case scenario is a resumption of adoptions in April 2008 through a
process with unknown procedures or time-line.
In assessing the Berger announcement
and its impact, Joint Council has considered the legislation pending
before the Guatemalan Congress, the national elections, legal challenges
and possible extension of the Hague effective date for Guatemala. We
also considered the constitutionality of the President Berger’s planned
actions and subsequent legal challenges. With none of these factors
significantly altering our assessment, Joint Council remains confident
in the prudence of our recommendation. Given the circumstances, we
strongly believe that the suspension of referrals is in the best
interest of children and potential adoptive parents.
There exist specific mitigating factors
which could possibly preclude the suspension of adoptions. These
include the possible push back of the date the Convention goes into
force in Guatemala from January 1 to April 1, 2008. It is also possible
that one of the two pieces of legislation currently before the
Guatemalan Congress will be passed prior to December 31, 2007.
Additionally challenges to the legal premise upon which the Berger
suspension is based. Joint Council continues to strongly advocate and
remains actively engaged in efforts to push the effective date to April
1, 2008 and to pass Hague compliant legislation. If events occur that
significantly alter our current assessment, we will revise this
recommendation immediately. Until such time however, our current
recommendation and Call to Action stand.
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Joint Council's recommendation
It is Joint Council’s strongest
recommendation that all adoption service providers cease issuing
referrals effective Monday, October
1, 2007. Similarly, it is our strongest recommendation
that potential adoptive parents not accept any referrals issued by
service providers choosing to ignore this recommendation.
Our recommendation is based on the
recent announcement by the Berger administration, as
reported by the U.S. Department of State.
The Berger announcement clearly indicates that all intercountry adoption
with the U.S. will be suspended January 1, 2008.
We also strongly recommend that all
potential adoptive parents and all adoption service providers join in
the Joint Council Guatemala 5000 effort in asking the U.S. Department of
State and
U.S. Congress to issue formal letters to the Guatemala
government requesting that all pending adoption cases be processed
through to completion under the existing process and law.
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How YOU can participate in the Guatemala 5000
Initiative
Make six
four simple phone calls and one
email.
1.
Call your U.S. Senator.
·
You can find your Senators’ phone
numbers at
www.senate.gov
·
Ask to speak with the Legislative
Director or Chief of Staff
2. Call your second U.S. Senator.
3. Call your representative to the U.S. House of Representative.
·
You can find your representative at
www.house.gov
·
Ask to speak with the Legislative
Director or Chief of Staff
4.
Call or fax UNICEF Headquarters
·
Ask to speak with Ann
Veneman, Executive Director
·
Their number is 212-326-7000
·
Their fax number is 212-326-7758
5.
Call or fax
UNICEF Guatemala
6.
Send and
email supporting Intercountry Adoption to
guatemala5000@jcics.org
·
Write briefly or at length
·
Joint Council will use the cumulative
email petition in our advocacy for Intercountry Adoption
When should you
call?
Tuesday, Wednesday, Thursday (October 9th, 10th, 11th)
For maximum affect, we are asking you to make these calls within a 72
hour window!
What should you say
or write to a member of the U.S. Congress?
Speak from your heart and give them the
following information:
·
Inform them that you are calling
regarding the Guatemala 5000.
· Ask them to sign the Congressional Coalition on Adoption Institute (CCAI)
sponsored letter to President Oscar Berger
· If they do not have the letters, ask them to contact CCAI at
202-544-8500.
· Ask them to sign the Joint Council sponsored letter to UNICEF
· Inform them that the Guatemalan government has announced that all
intercountry adoptions with the United States will be suspended on
January 1, 2008.
· Inform them that President Berger's initial announcement also indicated that
there will be no 'grandfathering' of adoptions already in process.
· Inform them that if children referred to families are not allowed to
be adopted, they will languish in institutions or foster care.
· Ask that their office get involved and sign the sponsored letters to
the President of Guatemala and UNICEF. These letters ask that all
adoptions in-process as of January 1, 2008 be allowed to process to
completion under the existing notorial laws.
What should you say or
write to UNICEF Headquarters in New York?
Speak from your heart
and give them the following information
·
Inform them that you
are calling regarding the Guatemala 5000.
·
Ask
them to support the rights of children and lend their considerable
influence to ensuring that intercountry adoptions currently in-process
be allowed to process to completion under the existing notorial laws.
·
Inform
them that the Guatemalan government has announced that all adoptions
with the U.S. will be suspended on January 1, 2008.
·
Inform
them that President Berger’s announcement also indicated that there will
be no ‘grandfathering’ of adoptions already in process.
·
Inform
them that if children referred to families are not allowed to be
adopted, they will languish in institutions or foster care.
·
Ask
them again for their support of the Guatemala 5000 Initiative.
What
else can you do?
In addition to your primary calls to
U.S. Congress and UNICEF, you can contact the following:
SOSEP (Guatemala)
·
Director Teresa Echeverría de Bastarrechea
Office Phone - 011-502-2383-8400
·
Assistant Director - Edin Palma - Same office phone
Office Phone - 011-502-2383-8400
·
Jaime Tecu
Office Phone - 011-502-2239-0000 ext 2766
Please note that calls and faxes to Guatemala are international calls
Guatemala Ministry of Foreign Affairs
·
Minister Gerth Rosenthal
Office Phone 011-502-2410-0000, 2410-0010
·
Vice Minister - Marta Altoaguirre
Office Phone 011-502-2410-0020
Please note that calls and faxes to Guatemala are international calls
PGN (Guatemala)
·
Carlos Victor Hugo Barrios Barahona
Office Phone 011-502-2248-3200 Ext. 207/208
Please note that calls and faxes to Guatemala are international calls
Procuraduria of Human Rights
·
Dr. Sergio Morales
Office Phone 011-502-2424-1717
Please note that calls and faxes to Guatemala are international calls
Embassy of Guatemala in the U.S.
2220 R Street N.W.
Washington, DC 20008
Office Phone 1-202-745-4952
Office Fax 1-202-745-1908
www.guatemala-embassy.org/
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Our Timeline for the Guatemala 5000 Initiative
-
September 27th
- Joint Council will provide a detailed Call to Action Plan to
all Member Organizations.
-
October 1st
- Member Organizations will provide the Call to Action to
adoptive families.
-
October 1st
to 9th - Joint Council will educate members of
Congress, DOS and UNICEF on the issues.
-
Joint Council will submit to
Congress, DOS and UNICEF letters requesting their immediate
involvement in the positive resolution of this pending crisis.
-
October 9th, 10th, and 11th
- Adoptive families will contact via phone/fax, Congress and
UNICEF requesting that each sign the letter provided by Joint Council,
forward the letter to President Berger and lend their considerable
weight and influence to this effort.
-
Adoptive families will participate
in an email petition sponsored by Joint Council
-
October 12th to December
31st - Joint Council will monitor the response of Congress
and UNICEF and issue a second Call to Action if needed.
Additional Joint Council Action
-
September 28 - Joint Council will
issue a letter to Condoleezza Rice, U.S. Secretary of State requesting
her personal and immediate involvement and to lend the full weight and
influence of the U.S. government in positively resolving this pending
crisis.
-
September 28 - Joint Council will
issue a letter to President Berger detailing our concerns and
requesting, at a minimum, the inclusion of a ‘grandfather’ clause
which would allow all adoptions in process on January 1 2008 to be
processed to completion under the existing notorial laws.
-
September 28 - Joint Council will
issue letters to Ann Veneman, Executive
Director of UNICEF and Manuel Manrique, Executive Director of UNICEF
Guatemala requesting, based on UNICEF’s stated support of intercountry
adoption, their immediate assistance in ensuring that all adoptions be
processed to completion under the existing
notorial law.
-
September
28 - Joint Council will post on its website our statement and detailed
Call to Action.
-
October 1 - Joint Council will
initiate an email petition in support of Intercountry Adoption.
-
October 9 -
Joint Council, in conjunction with
the Congressional Coalition on Adoption Institute, will issue a series
of letters to the 187 members of the Congressional Coalition on
Adoption. We are
asking members of the U.S. Congress to forward to President Berger the
CCAI sponsored letter. We are also asking all members of the U.S.
Congress to forward to UNICEF Executive Director Ann Veneman and
UNICEF Guatemala Executive Director Manuel Manrique the Joint Council
sponsored letter.
-
Joint Council will continue to
advocate for a rollback of the date the
Hague goes into force in Guatemala.
-
Joint Council joined forces with the
National Council for Adoption and the Congressional Coalition on
Adoption Institute as part of our efforts. Both have agreed to
publish a joint statement and to assist in garnering the support of
the U.S. Congress.
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NEWS!
NEWS!
NEWS!
December 21 -
Update on Joint Council's Guatemala 5000 efforts
December 7
- Update on Joint Council's Guatemala 5000 efforts
November 7 -
New Hague Convention legislation proposed
November 3 -
Copies of Congressional letters now available
October 29 -
Update on Congressional Support for Guatemala 5000 Initiative
October 29 - U.S. Senators
Coleman and Mary
Landrieu issue letters
October 22 -
Guatemala 5000 Update
October 15 -
Guatemala 5000 Summary Update
October 8 -
Update on UNICEF's response
October 8 - Update on Guatemalan
amendment to Bill # 3217
October 8 - Update on Joint Council's
Call to Action
October 5 -
Hague Permanent Bureau
joins Joint Council efforts
12/21
Joint Council has issued its most current
assessment to-date of the situation in Guatemala. For more
information, please visit our Guatemala
page.
12/7
Joint Council has issued a new assessment of
the situation in Guatemala. For more information, please visit our
Guatemala page.
11/7
Joint Council is pleased to report
that members of the
Guatemalan Congress, including numerous party chiefs, have submitted a
new legislative proposal for implementing the Hague Convention. For more
information, please visit our Guatemala
page.
11/3
Joint Council is
pleased to report that two letters were submitted to the President of
Guatemala and to UNICEF earlier this week by over 200 Members of the
United States Congress. Copies of each letter can be downloaded below.
Letter to Guatemalan
President Oscar Berger
Letter to UNICEF
10/29
Through our collective efforts, the Guatemala 5000 Initiative has
resulted in 203 Members of the United States Congress supporting the
completion of all in-process adoptions via their signature on letters
being sent today, October 31, 2007 to Guatemalan President Oscar Berger,
UNICEF Executive Director Ann Veneman and UNICEF Guatemala Director
Manuel Manrique. The 203 Senators and Representatives represent the
largest number in the 22 year history of the Congressional Coalition on
Adoption and the first time the Coalition has addressed UNICEF.
Joint Council thanks the thousands of adoptive families and their
friends who made calls, sent faxes and emailed their Congressional
representatives. We also extend our considerable appreciation for the
efforts of the Congressional Coalition on Adoption Institute for their
tireless efforts, to the National Council for Adoption for their support
and to the Co-Chairs of the Congressional Coalition, Senator Mary
Landrieu, Senator Norm Coleman, Congressman James Oberstar and
Congresswoman Ginny Brown-Waite for their vital leadership.
It is our continued hope that these letters will result in the
development of a legal, transparent and expeditious process by which the
thousands of children currently in Guatemalan orphanages and foster-care
will find their permanent, safe and loving family.
As
we have stated many times, Joint Council will continue our advocacy on
behalf of the Guatemalan children until each child needing a family has
found one.
10/29
In an effort to
address the current Guatemalan adoption crisis, the Co-Chairs of the
Congressional Coalition on Adoption, Senators Norm Coleman (R-MN) and
Mary Landrieu (D-LA) today sent two separate letters
–
one to Guatemalan President, Oscar Berger, and one to the leadership of
the United Nations Children's Fund (UNICEF) - to encourage an interim
measure for pending adoption applications. To read the official press
release from Senators Coleman and Landrieu, please click
here.
10/22
Joint Council President & CEO Tom DiFilipo
has issued a new update concerning the Guatemala 5000 Initiative, which
specifically addresses Joint Council's advocacy efforts with the U.S.
Congress, Guatemalan President Oscar Berger, and UNICEF. To review a
copy of this latest update, please click
here.
10/15
Since Joint Council's
call to action on September 27th, thousands of adoptive
parents along with Joint Council Member Organizations, our colleagues at
the National Council for Adoption, Congressional Coalition on Adoption
Institute, Adoptive Families magazine and the public at large have lent
their support to the Guatemala 5000 Initiative. We are pleased to
provide you with the
attached summary update, as well as a
posting of our most
recent direct communications with the Office of Guatemalan President
Oscar Berger. On behalf of the children we serve, our heartfelt
thanks to all who have contributed to the collective effort.
Please know that Joint Council will continue to update you on our
ongoing efforts and all pertinent developments. As events unfold,
we may be calling upon the entire community for support and
action. Lastly, please know that Joint Council will continue the
Guatemala 5000 Initiative until all children referred with adoptive
parents have joined their forever family.
Back to News
10/8 -
Through direct dialogue with UNICEF headquarters in New York, Joint
Council confirms that on Friday, October 5, 2007, UNICEF updated its
stated position on intercountry adoption to reference the best interest
of the child during a country’s transition to full implementation of the
Hague Convention. UNICEF now states,
“UNICEF urges national authorities to
ensure that, during the transition to full implementation of the Hague
Convention, the best interests of each individual child are protected.”
Joint Council applauds the inclusion of this critically
important issue into the intercountry adoption position statement of
UNICEF. The revised version of UNICEF’s position on intercountry
adoption can be found in its entirety by clicking
here.
While the revision of UNICEF’s stated policy is a major step in the right direction, Joint Council
will continue to urge UNICEF to revise the full text of their statement
through the elimination of prejudicial phrases and the inclusion of
concise, clear and supportive statements. It should be noted that in
our dialogue with UNICEF, the revised statement is meant as a global
position statement and can be utilized in any country transitioning to
full Hague implementation.
Back to News
10/8
-
Joint Council can confirm that an
amendment to Bill # 3217, permitting the continuation of adoptions
initiated under the current notorial and judicial laws, has been
approved by the Children's Committee in Guatemala and will be reviewed and voted on
by the Guatemalan Congress. It is our understanding that the U.S. Department of
State and Hague Permanent Bureau are advocating for the inclusion of
this amendment in the final version of the law.
The following is the text (and English translation) of the amendment to
Article 52 of Bill # 3217 which addresses with the completion of
transition cases.
This amendment, while a major step towards ensuring the completion of
adoptions already in process, has not been passed by the Guatemalan
Congress. We expect a vote on this and all other amendments in early
November 2007.
Joint Council will continue to advocate
for the passage of this critically important amendment and will remain
vigilant in ensuring that our colleagues at the U.S. Department of
State, Hague Permanent Bureau and UNICEF will also continue to advocate for
its passage. Please read the full text of the amendment below:
Original Text
Congreso de la Republica Guatemala C.A.|
Enmienda por sustitución total
Al Articulo
Los abajo firmantes proponemos la siguiente enmienda por sustitución
total al articulo 52 del proyecto de decreto que dispone aprobar ley de
adopciones para que quede redactado así.
Articulo 52. Adopciones en trámite. Todos los procedimientos notariales
y judiciales de adopción que se encuentren en trámite al momento de la
vigencia de la presente ley deben ser registrados ante la autoridad
central en un plazo no mayor de treinta días, para los electos del
seguimiento del caso y continuación del trámite, de conformidad con la
ley vigente al tiempo de su iniciación.
Translation
Disclaimer: This translation is provided as a courtesy only. Joint
Council retains no responsibility for the accuracy of the translation
nor for the interpretation of the original.
Congress of the Republic of Guatemala
It amends, by substitution, the total article
The Article
The signatories below propose to amend, by total substitution, Article
52 of the project which by decree arranges to approve the law dealing
with adoptions in process.
Article 52. Adoptions in Process. All notorial and judicial procedures
related to an adoption that are in effect at the moment the present law
goes into effect should be registered before the central authority in a
not greater time limit than thirty days, for the tracking of the case
and the continuation of the adoption according to the governing law at
the time of its inception
Back to News
10/8 -
Based on events of the past three days,
Joint Council has revised
its Call to Action and Guatemala 5000 Initiative. While the
changes are minor, they are none the less important to the overall goal
of ensuring that the Guatemalan children whose adoptions are in process
are allowed to be united with their forever family.
It is the understanding of Joint
Council that the U.S. Department of State, Hague Permanent Bureau and
UNICEF-Guatemala now
support the amendment to Bill # 3217, which addresses the
issue of adoptions in process. As a result, we are recommending that
your calls, emails and faxes be targeted to two primary entities; the
United States Congress and UNICEF Headquarters in New York.
We greatly appreciate the recent revisions to the UNICEF statement on
intercountry adoption. While
UNICEF-Guatemala has been removed from our list of recommended calls, we
continue to request that the office of Ann Veneman
publicly support the completion of Guatemalan adoptions currently in
process.
Thank you for your support of the Guatemala 5000
Initiative and for the progress
made so far!
Back to News
10/5 -
Joint Council is pleased to confirm
that the Hague Permanent Bureau (HPB) has now joined with Joint Council,
the U.S. Department of State and others in agreeing that transition
cases should be allowed to proceed to completion without interruption.
It is our understanding that the HPB has now conveyed their revised
position to both the Berger administration and Guatemalan Congress.
To date, Joint Council has not received a similarly positive and clear
confirmation from UNICEF in support of grandfathering the transition
cases. We have however received a response which we feel falls
seriously short of supporting the best interest of children. The
complete text of UNICEF's statement and Joint Council's response can be
read
here.
Back to News
10/5 -
Joint Council is pleased to offer
additional information about the legislation process regarding Bill #
3217 in Guatemala:
Legislative Process: It is our understanding that the majority of
bills passed by Congress require two (2) initial readings into the
Congressional record followed by a third reading, review and vote. In
the case of Bill # 3217, the third and final reading has been separated
into a third reading and vote on October 3, 2007 and a final review and
vote on or after November 4, 2007.
Amendments: At the time of the final review, each article and
amendment separately will be reviewed/voted upon. In the event that
more than 35% of the articles are amended, the bill would normally be
sent back to the committee for review and approval. However, the
committee has already approved over 60 amendments to Bill # 3217. Given
that all amendments have been “pre-approved” by the committee, the
number of amendments added will not impact the status of the bill or the
ability of Congress to vote. The only exception to this would be if the
amendments that are not pre-approved by the committee, exceed 35% of the
total number of articles in Bill # 3217.
Joint Council is in the process of obtaining translated versions of Bill
# 3217 and proposed amendments. Upon our receipt, we will provide an
in-depth assessment of Bill # 3217 and the proposed amendments. Please
know that this is not a speedy process and may take a number of days to
complete. Joint Council will post our comprehensive assessment as soon
as is possible.
10/3 -
Joint Council has confirmed that the
Guatemalan Congress passed Hague compliant legislation - Bill # 3217 -
today, October 3. The Guatemalan Congress is now reviewing the written
text of the bill and may amend particular sections on Tuesday, October
9, 2007. It is Joint Council's understanding that a grandfather clause
has been drafted by the Children’s Committee and will be added to the
bill as an amendment. Additional information is unavailable at this
time, including the effective date of Bill # 3217. Joint Council is
continuing to work closely with all interested parties and will alert
the public once more information becomes available.
Joint Council staff will also be issuing our assessment of Bill # 3217
sometime in the next week.
10/1 - The U.S. Department of State has issued a new
statement, suggesting support for the continuation of Guatemalan
adoptions already in progress. The text reads as follows: "At this time,
over 3000 applications for adoption from Guatemala are in process with
USCIS or the Guatemala government. The U.S. government is asking the
Government of Guatemala to allow such cases, now pending, to proceed to
completion without additional requirements." It is Joint Council's
understanding that the U.S. Department of State will continue to
advocate for the uninterrupted completion of all transition cases. This
public statement of a longstanding USDOS policy is a credit to the early
efforts of the Guatemala 5000 Initiative, and we thank the
Department of State for their child-centric efforts.
9/27 - Click
here to review the latest Joint Council press release.
9/27
- Click here for more information about
the Guatemala 5000 Initiative.
If you are interested in donating to the
Guatemala 5000 Initiative or any of Joint Council's other efforts,
please click the link below.
THANKS FOR YOUR SUPPORT!
Please do not hesitate
to contact Joint Council at
Guatemala5000@jcics.org or at 703-535-8045 with any questions.
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