ADA News (English)

According to the report of Miriam Monterroso.

As announced, the ceremony of presentation of the so-called “Protocol of Good Practices for National and International Adoptions” and later re named as “MANUAL OF GOOD PRACTICES OF NATIONAL AND INTERNATIONAL ADOPTIONS” took place today, with the presence of the following people:

Gert Rosenthal – Ministry of Foreign Relations
Eduardo Stein Barillas – Vicepresident of Guatemala
Wendy de Berger – Wife of Oscar Berger, president of Guatemala
Mario Estuardo Gordillo – Attorney Genenral
Judith de Sosa – Secretary of Social Welfare
Santos Cuc Morales – Director of Migration

Among the audience were the Chief Justice of the Supreme Court, UNICEF, diplomatic representatives of different countries. The Ambassador and the Consul of the United States were among the attendees. The President of Congress did not show up.

The Attorney General gave a speech, explaining the different problems and frauds that the PGN has found on several adoption files and justified the protocol by saying that it its necessary to protect the rights of the children and to inform the birth mothers of the consequences of their decision, as well of the need of a registry of the hogars (private orphanages), of a way to establish the origin of the child, and to verify the compatibility of the adoptive parents and the child. He also mentioned that this year, 766 adoptions have been submitted to the PGN.
The Attorney General also said that the implementing legislation of the Hague Convention is still pending before Congress and that currently we don’t have anything and the Manual or Goods Practices is based on the existing legislation, and it can allow regulate at short term.

The Ministry of Foreign Affairs said that the controversy about the Hague Convention was clarified by the ruling of the Constitutional Court, and the Manual of Good Practices complements such convention and takes us in the right direction that complies and respect the international regulations regarding child protection.

Dr. Roxana de Gonzales, who works at the office of Wendy Berger, presented the Manual of Good Practices informing that such document picks up norms regarding adoption, that it was developed by representatives of the State to guarantee the protection of the children an that it is a guide of the good practices in the framework of the Constitution, while a specific adoption law is prepared and while it becomes effective, the Manual guarantees the transparency of the adoption processes.

The Vice President Eduardo Stein explained with an analogy of opening a window to let the fresh air come in, the way this Manual will be like a window to the Hague Convention, which has been opposed by forces against its implementation. That the effort is to prevent abuses and an that the presentation of the Manual is the political decision of its administration to comply with the Hague Convention.

The VP also said that the recent ruling of the Constitutional Court clarifies that the President may withdraw the reservations to the Vienna Convention on the Law of Treaties and with that ruling the President may access the Hague Convention, however another body of lawyers says that it is not so. For that reason it is necessary to return to Congress and let Congress decide on the matter. But right now they believe that they should not wait for the accession and without waiting for a new Adoption Law they plan to enforce the Code of Good Practices, That it is not about preventing the processes of adoption, that is a big lie, it is about to transparent and to create mechanisms to avoid that the birth mothers are subjected to abuses and deceptions.

The VP explained that all this does not mean that when they leave the room the implementation will begin, because it may still take some weeks, while each institution begins to get ready and that it is a national and international and very intense effort, for strengthen those mechanisms. That they have asked the Ministry of Finances to supply the public funds carry on those activities.

The VP denied the rumors that the Government of the United States is putting pressure, but that it must be admitted alarm signals with absolute respect and that the American administration is giving out timely information about the admission of the Hague Convention in its domestic legislation, that the Manual of Good Practices precedes the decision of the American Government to such accession and that the Manual of Good Practices is a responsibility that they have taken on.

Wendy Berger dd not address the audience.