Parliamentary question - The message 'Free play for child traffickers' regarding illegal adoption from Nepal

Parliamentary question 2015Z22513

The message 'Free play for child traffickers' regarding illegal adoption from Nepal

Submitted November 25, 2015

Answered December 22, 2015 (after 27 days)

Submitter Khadija Arib ( Labor )

Answered by Ard van der Steur (Minister of Security and Justice) ( VVD )

subjects crime public order and security law criminal law

Source question https://zoek.officielebekendmakingen.nl/kv-tk-2015Z22513.html

Source answer https://zoek.officielebekendmakingen.nl/ah-tk-20152016-964.html

Sources

1.http: //solutions.lexisnexis.nl/tweedekamer/easysearch-form/default.as ...

Question 1

Are you aware of the message «Free play for child traffickers»? 1

Yes.

Question 2

What is your opinion on the examples of adoption abuses mentioned in the article?

The aforementioned report paints a worrying picture of people smugglers and child traffickers who are said to be taking advantage of the chaotic situation after the earthquake in Nepal in late April. Orphans would be recruited for forced labor, prostitution and illegal adoption. At the same time, I gather from the article that the Nepalese authorities, who are responsible for dealing with this situation, are taking the problem seriously and have taken various measures.

Question 3

How many adoptions from Nepal to the Netherlands have there been since the earthquake that hit Nepal at the end of April 2015?

The Netherlands has not adopted from Nepal since 2009. It was last adopted from Nepal in 2008. It concerned three children at the time. In the years before, only one or two children were adopted each year.

Question 4

Has the number of adoptions from Nepal increased since the earthquake? If so, what does this increase consist of, both in numbers and the reason for adoption?

See answer question 3.

Question 5

Do you think it possible that Dutch couples also take children illegally from Nepal? If so, how can this be done and what can you do against it? If not, can you confirm that this is actually not happening?

I cannot rule out that Dutch people are involved in this. After all, the characteristic of illegal activity is that it occurs out of the sight of the government. However, if a Dutch citizen is to be illegally admitted to a child, it will be necessary for those involved to go to a Dutch embassy to issue a travel document before the child's departure to the Netherlands. Only an honorary consulate is present in Nepal for the Netherlands. No regular Dutch passports can be applied for here, but only emergency travel documents. In 2014 there were none and in 2015 only two laissez passers were issued to minors by the Consulate in Nepal. This was not an illegal act, but the lawful provision of emergency documents to Dutch children. However, this does not rule out the possibility that an illegally admitted child on a Nepalese travel document might have traveled to Nepal. Incidentally, the purchase of a child with a view to inclusion in the family will generally constitute a punishable form of illegal adoption.

Question 6

Do you think it possible that despite the fact that Nepal has signed the Hague Adoption Convention, irregularities with regard to legal adoption are still possible? If so, why? If not, why not and how can you rule this out?

Question 7

In view of the fear of the Nepalese government for people smugglers and child traffickers who would abuse the chaotic situation, have you tightened or applied the prescribed rules and procedures for adoption from Nepal? If so, how did you do this? If not, why not?

Question 8

Do you share the opinion that in the case of adoption the best interests of the child come first and that the fact that the prescribed rules and procedures have been followed does not necessarily mean that that interest has actually come first, for example in the case of corruption was involved? If so, why and what consequences do you specifically link to this in the case of Nepal? If not, why not?

Question 9

Is the principle that adoptions from countries that have signed the Hague Adoption Convention can be trusted in all cases to be sufficient? If so, why and also specifically in the case of Nepal? If not, why not and what do you do about it specifically in the case of adoption from Nepal?

Parliamentary question document number: kv-tk-2015Z22513

Full title: The message 'Free play for child traffickers' regarding illegal adoption from Nepal

Room answer document number: ah-tk-20152016-964

Full title: Answer to questions from Member Arib about the 'Free play for child traffickers' message regarding illegal adoption from Nepal