ACT/AD to EO: Investigate. We count on the European Ombudswoman to stand up for child rights.

From: Arun Dohle [mailto:arundohle@gmail.com]

Sent: Freitag, 13. Juli 2018 14:09

To: 'MANDJUKOVA Tereza'

Subject: RE: complaint 1113/2018/TM

Dear Tereza,

Hereby we confirm that ACT wants to pursue the complaint related to the conference organised by the European Commission in partnership with Lumos on 15 June 2018.

We regret that there was no timely interference to get online streaming of the event.

We would like the European Ombudsman’s office to investigate the following:

Is it good administrative practice to organise a private meeting with public EU funding, which is organised by a private NGO?

This private NGO was apparently the data controller for the event.

The NGO gave instructions not to announce the event on social media prior to the conference, and invited to share the official Lumos or European Commission feeds instead.

The Commission tweeted a picture, which they replaced afterwards. The replaced picture showed the Commission’s instruction not to film the event.

The issue of children’s rights has been a very sensitive one. There has been, and still is, a strong pro-adoption lobby that aims to replace the EU values based on the UNCRC and the Charter on Fundamental Rights with the biased pro-adoption rules of the Hague Adoption Convention.

The Brochure used at the Conference refers to Romania. It has a foreword by the NGO’s CEO which gives a biased picture of the EU intervention in Romania. It does not acknowledge the 50 million euro Phare money spent on reform of child protection. It also does not give credit to the fact that the European Commission enforced proper implementation of the UNCRC, and not the Hague Adoption Convention.

This NGO is part of the Global Alliance for Children, which pushes for the Hague Adoption Convention.

The Hague Adoption Convention is not part of the acquis communautaire.

We would invite the European Ombudsman to investigate if it is in accordance with European values and good public administration that the European Commission partners with this NGO.

It seems to us that partnering with lobby organisations goes against the neutrality that is a necessity for good governance.

The fact that such a conference takes place in such a controlled, non-transparent, environment, is a worrying sign.

It is no secret, however, that the EU has de facto joined the ICA advocates by espousing an opportunistic interpretation of the main international provisions on ICA to favour international adoptions at the expense of in-country solutions, such as family-based care. In short, the current pro-ICA position adopted by the EU constitutes a radical U-turn from the position adopted during Eastern enlargement.

https://academic.oup.com/lawfam/article/27/1/1/925288

During the last 10 years, several EU Member States and candidate countries have continued or re-opened intercountry adoption of their children. This goes against European values and was done by wrongfully including the Hague Adoption Convention on the acquis list.

By now teaming up with Lumos the EU seems to be formally joining the adoption lobby’s efforts to reform child protection in third countries in such a manner that it allows for intercountry adoption as a child protection measure.

We are available for further information.

We count on the European Ombudswoman to stand up for child rights. If not, we’ll see the devastating effects of this within a few years.

Sincerely

Arun Dohle