(Posted with permission from Susana Luarca, Attorney at Law).
THE AMPARO: THE LATEST TRICK OF UNICEF
The Procurador of Humans Rights, Sergio Morales - former UNICEF consultant, filed an amparo yesterday (dated today) on the grounds that the Constitutional Court ruling that upheld the challenge against the law that approved the accession of Guatemala to the Hague Convention, “left a void in the legislation, because the Hague Convention eliminated the notarial system, so now there is no legal system in place to do adoptions”. He says that "he is very concerned for the fate of the 1,500 children whose adoptions are being approved within ten days by the PGN without supervision". He requests the Constitutional Court to order the PGN to suspend international adoptions immediately, and to order the migration office, to prevent adopted children from leaving the country, unless they have the proper authorization of the (already dismantled) Central Authority. He also wants the CC “to order Congress to pass an adoption law in thirty days, compliant with the Hague
Convention.”
Because we know of his long time affiliation with UNICEF, we understand the motivations of Sergio Morales. He even wants UNICEF to be heard as party to the amparo.
The amparo has no legal substance which means that it will not be upheld. That is why I did not post anything before. I thought that to discuss it would give it an importance that it does not have. The only importance that it has, is that it shows the desperate – and shameful - measures that UNICEF is taking, to twist the arm of the Guatemalan Congress to pass the Valladares law. We will address that with the proper legal actions.
The Procurador of Human Rights has no legal right to make such requests to the Constitutional Court, and his allegations are false. The notarial system not only was never eliminated, but any law that attempts to do so would be unconstitutional. The pretense that he is doing it because “he cares for the children who are being illegally adopted” is laughable. He never said anything to help the children while they were waiting in vain for their adoptions to be processed under the guidelines of the Hague Convention, by a very inefficient Central authority and now that thing are beginning to move ahead, he gets worried.
UNICEF is not accountable to anybody. Their resources are unlimited and their political power is very strong. The United States is the principle donor to such entity with the taxes paid by the citizens of the of United States. They should have the power to stop its anti adoption activities. If you want to learn more about the role that UNICEF has played on international adoption, go to www.google.com and key in “UNICEF + international adoption.” The search will give you 99,300 sites to study how UNICEF, by demanding that the children be adopted only in their countries of birth, is sentencing them to die during their childhood, because they were born in the wrong country and to the wrong parents.
The PGN is very upset with the publicity about their “unsupervised approval of 1,500 adoptions”, but is doing nothing to deny it. We are not going to do it for them, because we think that the more lies they publish, the less credit people will give to the press.
Regarding the legal actions that ADA is taking, we will inform you of their results. Be assured that we are not resting until all the children whose adoptions are being delayed so unfairly, can travel home with their parents. By the same token, if there is something that you can do to help, now is the moment to do it. A letter to an sponsor of UNICEF maybe would not do a dent in its funds, but a flood of letters could dry the river of money that UNICEF gets every year. Let’s give them our best shot!
Best regards,
Susana Luarca
Attorney at Law
Asociación Defensores de la Adopción
Guatemala City.
Susana,
Here I go again, I will write letters until I can't write anymore. I want my daughter home and this nonsense of saying these kids are being adopted illegally when we are jumping through every hoop they have is ridicolous!
I will start writing now and urge my friends and family to do so also.
Thank you for everything that you have done and are doing for the children of Guatemala and for those of us caught in this battle to bring them to their forever homes.
Katherine
Susana,
Thought maybe you could help us out with our decision weather to go for a visit or not. We really can't afford it but if its going to be a while before we get our little girl than that is something that we are going to half to do. We have been in PGN since the begining of September.
We also would like to send letters out to people and businesses that support Unicef and considered maybe someone in your organization writing us parents a draft letter that we could send. We just want to make sure that we know what we are talking about. Thank you so much for your hard work.
Anderson
Posted by: Anderson at October 12, 2003 12:41 PMI think it's time we unite and combine our efforts against UNICEF's stance on intercountry adoptions. My husband, who is a Director of Sales in the media industry, suggested we quickly raise funds and run a full page ad in USA Today or the NY Times - to the attention of and listing all all of - UNICEF's corporate supporters - with an explanantion of our plight and what's going on in Guatemala. I know it sounds extreme but we need to get the word out beyond our own group. I will contact USA Today and the NY Times for rates. I think the time has come for us to reach out and let the general public know. I've tried to get the TV networks interested in running a story. They've expressed interest but on their own timetable. We can't wait and play this cat and mouse game with the PGN. I know I can't handle anymore of this nonsense. I want my son home! Let me know what you all think! You can email me directly at DeniseFein@aol.com Thanks!
Posted by: Denise Fein at October 12, 2003 12:42 PMDoes anyone know where we can find a complete listing of US Unicef supporters? I have been all over the Unicef site and cannot find it. Maybe I just missed it. If you know the link or where I need to look can you post it here or email me? Thank you! We are definately going to write and let our voices be heard regarding Unicefs fictitous mission and their real mission. Very sad there is an organization of this magnitude with such evil motives. Thanks for your help.
Posted by: Kim at October 12, 2003 01:26 PMThe UNICEF sponsor list can be found at:
http://www.unicefusa.org/partnerships/partners.html
Count me in as a contributor to the ad. I think that it is especially appropriate around Halloween. If only I could get my collected Unicef pennies back from when I was a child.
Posted by: gary solomon at October 12, 2003 02:52 PMHere is a list of people soliciting donations from UNICEF. UNICEF depends on these people to keep going. Let's let them have it all of them. They probably have the power to contact UNICEF management if their donations are in peril.
An individual gift of $1,000 or more, please contact Mimi Evans at (212) 922-2541 or mevans@unicefusa.org;
A gift of stock, please contact Donald Sayer at (212) 922-2586 or dsayer@unicefusa.org;
Bequests, retirement plan/insurance designations, and gifts that pay income for life, please call Kevin Holohan toll-free at (866) 486-4233 or e-mail LegacyGifts@unicefusa.org;
Donations by clubs, community-based, or faith-based organizations, please contact Kate Weber at (212) 922-2618 or kweber@unicefusa.org;
A foundation gift or partnership with the U.S. Fund for UNICEF, please contact Carmela Raiti at (212) 922-2507 or craiti@unicefusa.org;
A corporate gift or partnership with the U.S. Fund, please e-mail partnership @ unicefusa.org or call (212) 922-2573.
Thanks Gary for the list. I think we should all call each person on the list and follow up with an email.
Posted by: Darrell Evans at October 12, 2003 04:24 PMI am no writer...anyone please edit and tell me what you think of this going out to these organizations:
I am in the middle of what has been a very tough adoption. It began in February, and is still moving very slowly. Recently there has been some very bad press about International adoptions. I beg each of you to send this email to all of your friends, as it is only by battling the mass media and government officials that choose to continue to lie about what is actually happening, that we can save others from going through the hell which I, and my future son, live daily.
I have visited my son on several occasions. Every three or four weeks I have flown to see him. I have watched him grow and suffered with him through two surgeries. When I began my adoption he was severely malnourished, had three kidney stones (one actually an inch in diameter) that had to be removed in two separate operations. We had to open his bladder and his kidneys to remove the stones. The doctors say the stones were likely a result of dehydration and the severe malnutrition. I slept each night at his bedside as he recovered from the surgeries. He was so brave and strong, he hardly ever cried (even with the catheters and drainage tubes).
He was so sick he couldn’t urinate. His stones totally blocked his system. When he tried to urinate only one or two drops would come out, and his pain was so unbearable that he would pass out after crying so hard. Not only did the stones cause problems, but his penis was terribly infected because no one had ever cleaned his foreskin. His penis was very swollen and painful for him or anyone else to even touch. He had to be circumcised not out of custom, but from necessity. In addition, he had anal prolapse (I had never heard of it). His rectum left his body each time he tried to defecate (2 to 4 inches), and I had to manually put it back in.
He was so severely malnourished, and had such horrible parasites, that he stomach was extended like you see on TV with children in Africa. At times he ate dirt, and drank water off the street after rain, as was his habit from near starvation. My first weekend with him was sad. I couldn’t watch as he suffered so terribly.
The point of me telling my story is to point out the realities of life in an underdeveloped country. The people in Central America are kind, giving, fun, and happy. But just because of where they were born, the majority has been relegated to a life of severe poverty. For those of you who think we have the same poverty here…we just don’t. I have seen American poverty. I worked as a minister in a church for street people. Here there are soup kitchens, government housing, and running water. There, I saw many children leave their houses…their houses made of cardboard. Thousands of kids live with their families in literal cardboard boxes perched on the side of a hill or riverbank.
The recent stories of child stealing and baby trafficking are often fabricated sensationalistic pieces written and promoted by those that want to stop international adoption. I too would love to see a day in which every child could live with their birth families. However, until the disparity between what we have and what other countries has is diminished, it just is not feasible.
There are two large well known groups that continue to sensationalize the adoption issues in Central America. UNICEF and Casa Alianza (the Central American version of Covenant House). Currently in Guatemala a former consultant to UNICEF is proposing that all international adoptions be stopped. The leader of Casa Alianza often makes inflammatory statements about organs being harvested and babies being stolen. However, the USA requires every baby adopted in Guatemala to have DNA tests done to determine the relationship between mother and child. There is no way that anyone going through the legal adoption process in Guatemala could in fact be adopting a stolen baby. The child cannot enter the USA without the proper forms approved by the US Embassy and the immigration department.
IF UNICEF and Casa Alianza were to eliminate international adoption millions of children would be left to die. In Guatemala 80% of children suffer from malnutrition, and the illiteracy rate is very high. Again, I would love to know that each child born into this world would be born into a healthy environment. However, that isn’t the case. In Guatemala alone, over 2500 children each year would be relegated to live a life of poverty, or even early death.
Continue to pray for my adoption, please. It is only through the support of my family and some friends that I have been able to handle the ups and downs of the past seven months. I know a pregnancy takes nine months. And God do I wish I could have lived through a normal nine months. Instead, I have seen my child suffer through unbearable pain and confusion, as he wonders why he has to stay each time I leave him. My last visit with him he said (translated from Spanish), “Papa, do I have to stay. Why can’t I go on the big airplane to our house?” There is no way to answer that.
Posted by: Jack at October 12, 2003 05:08 PMSusan,
Thank you for your work on behalf of the children and continual updates on the adoption process in Guatemala.
Is there any truth to Sergio Morales claim of 1500 adoptions being approved in next 10 days? If so, does this mean the PGN case backlog caused by the Hague debate will nearly be depleted?
Thanks
Tim
Is there a way to contribute funds to the ADA or those fighting in the legal system in Guatemala to end these delays caused by UNICEF & PGN?
JW
I would be interested in contributing to an ad as well.
Mike
Posted by: Michael at October 12, 2003 11:27 PMI'm all for the ad...we need a website wherein we can contribute...wish I was more web savvy....I think Susana makes a good point that we must educate those that donate...UNICEF is way out of hand and those that donate do not realize where the money is going...
Posted by: jennifer at October 12, 2003 11:46 PMI would be glad to help on an ad, but i think we need Susana to tell us what we need to put in it.
Posted by: Lanell at October 13, 2003 01:40 AMHere are some email addresses that I have:
oppa@unicefusa.org
President Charles Lyons: clyons@unicefusa.org
Contacts re: intercountry adoptio:
Eric Zuehlke: EZuehlke@unicefusa.org
Sang Nguyen: SNguyen@unicefusa.org
Press Officer:
Alfred Ironside: aironside@unicef.org
These may still be current for Marketing/PR:
Lisa Szarkowski: lszarkowski@unicefusa.org
Lynn Stratford: lstratford@unicefusa.org
I think it is key to also contact our Senators and Congressmen since they control the tax dollar funding to UNICEF. Here are numbers for the Senate Foreign Relations Committee staff:
Maj. Communications Director:
Andy Fisher, (202) 224-4651
Maj. Counsel:
Paul Clayman, (202) 224-4651
Maj. Staff Dir.:
Ken Myers, (202) 224-4651
Min. Chief Counsel:
Brian McKeon, (202) 224-3953
Min. Press Secretary:
Norm Kurz, (202) 224-3953
Min. Staff Dir.:
Antony Blinken, (202) 224-3953
I also think it is critical to contact the Office of Children's Issues in the State Department so they can try to negotiate for the adoptive families:
Main # 202-736-9090
Scott Boswell, Adoption Division Chief
John Ballif, Director
Michelle Bernier-Toth, Deputy Director
Kathleen Hanako Dougherty (sp?), Assistant
These folks are UNICEF fundraisers:
mbrown@unicefusa.org
cdavis@unicefusa.org
calyons@unicefusa.org
lroy@unicefusa.org
ktracey@unicefusa.org
mschaffner@unicefusa.org
akaczmarek@unicefusa.org
mkelly@unicefusa.org
mprombo@unicefusa.org
bsegar@unicefusa.org
abracken@nospam.unicefusa.org
nebeling@unicefusa.org
shurt@unicefusa.org
jtsacrios@unicefusa.org
abartlett@unicefusa.org
jmedina@unicefusa.org
akelly@unicefusa.org
kscolari@unicefusa.org
lkartikasari@unicefusa.org
RE: A National Ad in USA TODAY
My husband did some research this morning about USA Today's rates. Here's the information and his input:
A B&W ad would run about $56,000 plus production costs (should be reasonable). This is Monday thru Thursday Run of Paper, but we could narrow it down to the News and Money sections. If we want to reach corporate America, that would be the way to go. If we want to reach consumers, we might consider the Life section. If you limit the day and the section, the rate goes up to $65,000. Their daily paper reaches about 2.1 million people.
These rates are for non-profit organizations (filing a 501 c3?). So I guess what would have to happen is that we form a non-profit organization. Conduct a fund raising effort and then place the advertising. (A side note, we might check into ads on CNN in the future). If we could raise a two to three hundred thousand, we might be able to run a greater campaign and create a stronger organization.
If there was anyway possible to have a major USA Today advertiser join our cause, we might be able to get their annual rates which could be significantly cheaper.
Due to the nature of the ad, we would also need to get USA Today's prior approval before placing the ad.
Feedback please to: DeniseFein@aol.com
Thanks!
I wholeheartedly support the idea of an ad and would be willing to contribute. I am currently adopting a child from another country, but Guatemala was my first choice. Due to the circumstances there, I felt I had to switch to another country. If something went wrong with this adoption, I would most likely not be able to afford another attempt. However, I remain committed to supporting Guatemalan adoptions. I also realize this issue is about much more than adoptions in Guatemala. It's about all children everywhere who need a family, shelter, food and home! I will certainly be writing letters!
Perhaps I have overlooked it, but do we have a copy of UNICEF's official position on adoptions in Guatemala? I have searched guatadopt and the UNICEF site. My husband and I are fully prepared to join the fight in whatever way is necessary to bring our daughter home, but I am not comfortable sending letters to the sponsors without actually seeing UNICEF's position - especially since one of us works for a company listed as a UNICEF sponsor. Probably just an oversight on my part, but could someone direct me to this information?
Posted by: Lee Anne at October 15, 2003 09:34 AMLee Anne,
I found the information you are looking for right here on guatadopt. Go to the recent posting called "Letter for UNICEF sponsors" and then inside there. click on and open one of the actual sample letters, which details, point by point the policies of UNICEF concerning international adoptions. Very eye opening! Kelly - I am SO glad I stumbled upon this site - what an amazing job you are doing!!!
Colleen
Posted by: Colleen at October 15, 2003 01:06 PMWe need a media packet that we can issue
with releveant facts. The newspapers, magazines, tv networks, and government
officials need a media packet with relevant
facts so when they present stories - the
truth is covered. If we compile data that
the media coverage coud present - we can
feed them the truth instead of propaganda.
Unicef has money and good press on their side. It's time that we do the same. If we
present our information factually, it will get
picked up by the press and educate millions.
If we buy one ad - only a few people will see it.
Lets put together a press package, a package of five or six fact sheets covering each topic
with bullet points and simplicity, and distribute it to every source that we can think of.
Grace
Posted by: grace at October 27, 2003 08:27 AM