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Jean Guyot ou comment faire l'Europe avec la banque Lazard

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05 juillet 2008

Jean Guyot ou comment faire l'Europe avec la banque Lazard

Poursuivons notre grande saga européenne, avec cette fois-ci une sorte de zoom sur un illustre inconnu du grand public, qui pourtant est typique de cette atmosphère étrange de laquelle a émergé l’Europe. Zoom, donc, sur Jean Guyot, un personnage qui a allègrement mêlé les affaires et la construction européenne, proche de Monnet et Schuman, associé gérant de la banque Lazard. Un des fans de la technique du tourniquet, en somme…

Jean Guyot : ce personnage fait partie de ce que je qualifierais de « nébuleuse Monnet », c’est-à-direJeanguyot les hommes qu’on voit dans l’orbite de Monnet, le « père de l’Europe » selon la messe en vigueur depuis 60 ans maintenant, mais aussi –avec d’autres- de la Société des Nations, la SND qui devait nous empêcher de faire la deuxième guerre mondiale. Peu connu de ceux qui ne cherchent pas des poux à l’Europe qu’on nous a construite, Guyot est symptomatique d’un certain système fort peu démocratique : l’Europe.

Lazard Bank, European Commission
Jean Guyot

Reisverslag Brendie en Nicole uit Zwolle

Reisverslag

Nicole, 2 juli 2008
Nederland Nederland , Zwolle

Voorstellen

Wij zijn Brendie en Nicole uit Zwolle.
We zijn bezig met de adoptie van Clay en Alice uit Kenia.

We hebben deze weblog geopend voor iedereen die het leuk vind om onze belevenissen in Nairobi te lezen.

Indien er opmerkingen suggesties zijn horen we het graag, we staan open voor verbeteringen. Jullie kunnen ons op ons privé e-mail adres bereiken brendie@home.nl

Allereerst een korte samenvatting van de adoptie procedure:
September 2004: Inschrijving voor adoptie
14 September 2005: BKR
Februari-April 2007: VIA cursussen
Juni-Augustus 2007: Onderzoek kinderbescherming
03 September 2007: Beginseltoestemming
21 September 2007: Inschrijving Wereldkinderen
10 December 2007: Uitschrijving Wereldkinderen (te onpersoonlijk)
11 December 2007: Inschrijving Stichting Afrika voor Kenia
21 Januari 2008: Intake gesprek Stichting Afrika
22 Januari 2008: Beginnen met documenten verzamelen
17 Maart 2008: Rondje ministeries Den Haag
01 April 2008: Documenten opgestuurd naar Kenia
16 April 2008: Vergadering Kenia verzet naar onbekende datum.
30 April 2008: Vergadering Kenia waarin we besproken worden
13 Mei 2008: Bericht dat we goed zijn bevonden om een kind te adopteren uit Kenia.
09 Juni 2008: Bericht dat er een voorstel is, deze gaat eerst naar Ministerie van justitie voor goedkeuring
19 Juni 2008: Bericht van goedkeuring, WE HEBBEN 2 KINDEREN, CLAY EN ALICE.
5 Juli 2008: We reizen af naar Nairobi.
07 Juli 2008: We zien Clay en Alice voor het eerst !!!!

Groeten en veel leesplezier,
Nicole en Brendie

Stichting Afrika
Kenya

Newsletter 2007 - Important changes

IMPORTANT CHANGES

For some seven months, Bart and Dana Bates have been occupied with

the transition of the girls home from the Inasmuch Foundation established

by Sue and Ron Bates to the Jubilee Ministries Association (its hoped for

successor organization). Jubilee was formed by Sue and Ron when it became

Inasmuch Romania, Jubilee Ministries Association

"Drepturile copilului sunt lege" (Preparation new adoption law)

"Drepturile copilului sunt lege"

"Viitorul unui copil nu are pre?" proiect comunitar destinat prevenirii separarii copilului de

familia sa (2008-2011)

Strategii de implementare:

„Adoptie” la distan?? (identificare de persoane fizice ?i juridice altruiste din Romania, Italia ?i SUA

Lobby to Re-open Romanian Adoptions (2001- ), Amici dei Bambini, Catharsis, Livada Orphan Care, Coordinamento Nazionale “Amici dell’Adozione”
Elena Tudor, Bogdan Panait

Sampurna Behrua vs. Union of India & others

This petition brings to fore the non-implementation of the Juvenile Justice (JJ) Act, 2000. The JJ Act was passed as a uniform set of guidelines to ensure the correct treatment of juvenile offenders. The Constitution of India lays the responsibility on the State to ensure that all the needs of children are met and that their basic human rights are fully protected. Other rights guaranteed by the Constitution, such as right to live with dignity, the right to fair trial and to free and compulsory primary education for children below the age of 14 are also violated due to the non implementation of the said Act.

Case Details and Status

Prior to 1989, India did not have a uniform Juvenile Justice Act. But after the adoption of the UN Convention on the Rights of Children, India implemented a uniform law. Observing certain shortcomings in the 1989 enactment, the Juvenile Justice (JJ) Act was passed in 2000 as a uniform set of guidelines to ensure the correct treatment of juvenile offenders, thereby addressing the perceived problems of the 1989 Act. Unfortunately, the lack of implementation of the JJ Act 2000 has left the status quo unchanged.

The petition outlines a detailed study in twelve states of India (Punjab, Bihar, Orissa, Madhya Pradesh, Uttar Pradesh, Rajasthan, West Bengal, Maharashtra, Manipur, Gujarat, Karnataka, and Uttaranchal.), which highlighted that the JJ Act was not being implemented. Most of these states failed to establish the following mandatory provisions: the establishment of Juvenile Justice Boards (JJB), Child Welfare Committees (CWC) and special Juvenile Police Units. The JJ Act also requires State Governments to establish Observation Homes, Special Homes and Children’s Homes, which are to provide facilities of care, treatment, education, training and ultimately restore them to a family environment. The importance of these provisions is that they afford protection of the rights of young offenders.

The attitude and ignorance of the State towards the care, protection and rehabilitation of neglected or delinquent juveniles was appalling. In 2005 HRLN filed a petition under Article 32 of the Constitution of India, seeking the strict implementation of the Juvenile Justice (Care and Protection) Act of 2000.

India

CAMPAIGN FOR BULGARIA CHILDREN - UPDATE

Stoyan has been placed on the international adoption register and his adoption is going through now. This is a highly confidential process and we are not party to any more information than this.

 

28 juni 2008
CAMPAIGN FOR BULGARIA CHILDREN - UPDATE
Dear Supporter ,
The last few months have been very frustrating and the persistent government interference has made an already difficult situation much harder at Mogilino. However, UNICEF continue to manage the rehabilitation project there and some very encouraging results are starting to be seen. We have some specific information on how the children are recovering and what steps are being taken for their futures as well as the latest news from our charity.
In May we appointed a Bulgarian representative, Maria Sharkova, who will be responsible for tracking all the children as they leave Mogilino for new homes. She will visit the children, assess their situation, make recommendations to TBACT about any future support we can give as well as alert us to any problems. In the case of the children who are being re-integrated with their families, we want to see that their local social services are supporting the transition and again we will help where we can.
Maria has already visited Milen and Misho in their new protected home in the south of the country and a news update of this visit and how the two boys are doing will be posted on the website shortly.
Maria is also tasked with setting up a Baba Scheme for some of the children. She is already starting this process, with help from UNICEF and the recruitment of suitable Baba's is now underway.
Despite the government's announcement that Mogilino would close at the end of April, UNICEF and other agencies have agreed that the home will need to stay open until March 2009 in order to rehabilitate and prepare the children and young people for leaving. In the case of the over 18's, who number 32 in total, the lack of suitable new homes for them has been an ongoing worry – everyone involved is determined that they should not enter the dreaded adult institutions.
For this reasons we have proposed that our charity funds a small group home for some of the young people to be built in the nearby city of Rousse where they will have access to day centres and local amenities. We are working with a number of experts to develop the plan for this home so that it is ideally suited to the needs of the individual young people who will live there. UNICEF have agreed to this plan and we are now looking for a suitable building to renovate or a plot of land to build on. We will have much more news on this over the next few weeks and months and will of course share our progress with you.
As you know we are committed to ending the system of institutionalising children, effectively warehousing them, in Bulgaria. There are many ways in which this goal can be achieved – small group homes and community schemes is of course one way to get the children out that are already in the system but another way is to stop the supply of children to these places. Institutions exist because people abandon their children into the system, in some cases they are actively encouraged to do so. Intervening early is key to stopping the supply. There are now a few Early Intervention Schemes running in Bulgaria and we are keen to support this work – mindful that it must have evidence of its efficacy – and we are in discussions now about a possible roll out project.
We have been criticised recently for imparting too much personal information about the children and whilst we feel it is necessary for our supporters to know that their concern and their generosity is being effective in changing the children lives, we also must work with some of the other agencies involved at Mogilino co-operatively. For this reason we can only discuss the basic facts.
Vasky has continued to gain weight and is now having physiotherapy, including weight bearing exercises to get her standing and it is hoped she will become more mobile in the future.
Stoyan has been placed on the international adoption register and his adoption is going through now. This is a highly confidential process and we are not party to any more information than this.
Didi was taken to a new protected home in Rousse but this was a temporary move and we were very alarmed to hear that she was then sent back to Mogilino. She has now been placed in a home for young disabled people who can learn a trade in Sofia. Maria will be visiting her very soon and reviewing her situation.
Desislava is being assessed by an eye specialist to see if there is any possibility to improve her sight but an operation cannot go ahead until her mother is found to give permission as she has not given up her parental rights to her daughter.
In total 10 children have been moved into new accommodation in nearby Rousse. Maria will be going to seeing them soon.
In addition to our continued support to the Mogilino children we are also looking to help close another institution which is nearer to Sofia. Two members of our team have just returned from visiting the home and meeting the various organisations involved in this project. We will be posting news on the website about this project and a volunteer programme that we are aiming to set up first soon. We will also be emailing everyone who have expressed an interest in volunteering.
After some frustrating weeks we are now starting to see real progress both at Mogilino and in other areas of Bulgaria.

Thank you for your continued support.

Kate and the team
http://www.tbact.org/home.htm
http://www.bbc.co.uk/bbcfour/documentaries/features/bulgarias-children.shtml

Don Viona

Bulgaria
Mogilino, Bulgaria
Kate Blewett

Kerala High Court Sisu Bhavan vs Joy Yohannan on 24 June, 2008

Kerala High CourtSisu Bhavan vs Joy Yohannan on 24 June, 2008            IN THE HIGH COURT OF KERALA AT ERNAKULAM Crl.MC.No. 2957 of 2007() 1. SISU BHAVAN,                      ...  Petitioner                        Vs 1. JOY YOHANNAN, AGED 37 YEARS,                       ...       Respondent 2. STATE OF KERALA,                For Petitioner  :SRI.P.GOPAKUMARAN NAIR                For Respondent  :SRI.LIJI.J.VADAKEDOM The Hon'ble MR. Justice V.RAMKUMAR Dated :24/06/2008 O R D E R                           V. RAMKUMAR, J.                  * * * * * * * * * * * * * * * * * *                      Crl.M.C. No. 2957 of 2007                                   &                   Crl. Revision Case No. 3 of 2008                  * * * * * * * * * * * * * * * * * *                          Dated: 24-6-2008                                ORDER

This Crl.M.C. has been filed by Sisu Bhavan, Sisters of Nazareth, which is an Orphanage recognized as per Annexure A certificate issued by the Central Adoption Resource Agency, Ministry of Social Justice and Empowerment, Government of India for submission of applications to competent Courts for declaration of foreigners as guardians of Indian children under the Guardians and Wards Act,. 1890.

2. Taking the cue from the prosecution allegation in S.C. 41 of 2007 pending before the Addl. Sessions Court (Adhoc-I), Kottayam to the effect that a child was born pursuant to the commission of the offence of rape on the 28 year old victim by the accused (Joy Yohannan) and punishable under Sec. 376 I.P.C., the accused filed Crl.M.P. 1405 of 2007 before the trial court at the stage of defence evidence for a direction to the person in custody of the child to produce the child before the Director of Rajeev Gandhi Centre for Bio-Technology, Thiruvananthapuram for the purpose of subjecting Crl.M.C. No. 2957 of 2007 & the child as well as the victim and the accused to a DNA test. As per order dated 20-8-2007 the learned Addl. Sessions Judge allowed the application and issued a direction to the petitioner herein namely, the Sisu Bhavan, Sisters of Nazareth to produce the child for the purpose of subjecting the child to D.N.A. test.

3. The petitioner orphanage entered appearance before the Sessions Court and informed the court that the child in question had already been placed in local adoption and that the details of the adoptive parents of the child cannot be divulged in view of the decision of the Apex Court in Lakshmi Kant Pandey's case reported in AIR 1984 SC 469, AIR 1986 SC 272 and AIR 1987 SC 232. However, it appears that the Sessions Court was not inclined to entertain the objection raised by the Orphanage which necessitated the present Crl.M.C. filed by the Orphanage. During the course of consideration of the Crl.M.C. this Court took note of the fact that in a rape trial the question of paternity of the child was totally irrelevant and since the order passed by the Sessions Court was not questioned by the State this Court initiated suo motu Revision against the said order. That is how Crl.R.P. 3 of 2008 came to be registered before this Court.

4. I heard the learned counsel appearing for the parties referred to above as well as the Public Prosecutor. Crl.M.C. No. 2957 of 2007 &

Central Adoption Resource Authority (CARA)
India

O asocia?ie b?nuit? de trafic de copii, declarat? de utilitate public?

O asocia?ie b?nuit? de trafic de copii, declarat? de utilitate public?

14 iun 2008, 01:35 | Actualizat Sâmb?t?, 14 Iunie 2008 01:36

REALITATEA.NET

Trimite articolul prin:

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Catharsis, Tiriac Case - Pinera Manera Case
Azota Popescu

Trade of Children (Voice of Children)


Sunday, June 13, 2010 

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. MrRamesh 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 
Hemanta Rijal, Basanta Rijal, Ramesh Khatiwada, Uttar Tamata
Nepal, France, Spain, Italy
Nepal Asahaya BalGhar (Nepal Helpless Children’s Home) Godawari, Child NGO Federation Nepal (CNFN), Prayas Nepal

Blog: Please Pray

12 june 2008

Please Pray

(photo by David Blumenfeld)

For those of you that aren't involved in the Ethiopian adoption community, or don't know already, many families are in crisis right now because of the suspension of adoptions by MOWA (the Ministry for Women's Affairs) for children coming out of Enat Alem orphanage. Rumors about the why's and wherefore's and how long it may take to get sorted out are all over the map. Basically, no one knows all the details, and we may never know the whole story.

I'd like to ask you to pray for the families waiting for their sons and daughters whose adoptions are stalled (including our dear friends the Yateses waiting for baby D). My heart, and I know many of yours are too, is aching for the babies and children stuck in Ethiopia under a pile of red tape and for their Forever Families who've been on a journey to them for months and years now wondering how much longer the wait will be.

Enat Alem
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