{see updates below - Protocolo Annoucement Postponed}
February 8th, an article appeared in the Prensa Libre about the Protocol of Good Practices. It claimed that the Protocol will be presented this Friday, Feb. 16.
Unlike the other times it has come up, this time it is Guatemalan VP Eduardo Stein formally announcing it. Oddly enough, on Saturday or Sunday the paper made it so that the story no longer comes up when one does a basics search on the term "adopciones" on the Presan Libre site.. We held off mention because we were not sure what that meant. However, the original link is still good and our sources have verified that it is still planned.
Here is the link: Trabajan en código para adopciones
Parents in process should NOT panic. While the situation is serious, DOS, JCICS and others are well aware of the situation. All parties are focused on making sure that current cases will not be affected.
We also wish to point out that this was printed and published before authorities in Guatemala were aware of the Mary Bonn case, so it would be a mistake to tie the two together.
{Added....2/13 ADA has published a statement regarding above...}
Statement Of ASSOCIATION DEFENDERS OF ADOPTION -ADA - regarding the intentions of President Oscar Berge to “legislate” a “Code of Good Practices”.
On January 29th, 2007, the Guatemalan newspapers Prensa Libre and Siglo Veintiuno published the interview made to the Vice President Eduardo Stein, regarding the intentions of the Executive to enact a Code of Good Practices, to toughen up the adoption process, “to avoid the commercialization of children”. While the government does not care for the welfare of the children whose parents cannot support them, it feels entitled to violate the Constitution and abuse its powers, making up rules that will only hinder an uphill road that is the only way out for those children. With the support of the Attorney General, who has claimed that “adoptions are a thorn on his side”, that “his life would be so much easier if adoptions were forbidden”, and that “he plans to keep delaying the cases for an average of at least three months” they are getting ready to implement the UNICEF proposal, same that for the last fifteen years has made its way into Congress but has failed to become a law, due to the several violations to the Constitution that it has.
The changes would be radical. The Secretary of Social Welfare, a very useless institution that is unable to run orphanages or to keep children in foster care, will be the one who would authorize the private orphanages and the children would be admitted only if a judge orders it. That would prevent private foster care and would make it very difficult for the private homes for children to take children in, unless they are sided with that Secretary. The list of obstacles is long and difficult. The result would be abandonment and abuse for those children, because nobody would finish an adoption in those terms.
Several times during the past year, Berger has tried to pass this “code” or “protocol”. He has also promised the Department of State of the United States, that he would not do anything to hinder adoptions. He even has denied the very existence of the “protocol of good practices” and his attempts to reinstate the Hague Convention, in order to make adoptions impossible.
Every time the government is questioned about its delay in performing their official duties, they argue that they “lack the staff, or the means, or the equipment to do it”. It is easy to understand that the system they plan to impose, even if it were well meant, is doomed to fail, for those very same reasons. The measure has an explanation: time is running short and the 176 million quetzals that UNICEF offered Berger in exchange of changing the adoption laws are a powerful incentive to set aside the Constitution, usurping the legislative powers of Congress and committing several felonies in the process. This is a moment when all of us who care for the children should set aside our different points of view and see only what is best for the children. Let us unite and prevent this tragedy from taking place.
ADA published in the edition of February 13, 2007, of the newspaper Prensa Libre, the following warning to President Oscar Berger:
THE ASSOCIATION DEFENDERS OF ADOPTION
To the Constitutional President of the Republic of Guatemala
LICENCIADO OSCAR BERGER PERDOMO ,
MANIFESTS:
1.That according to declaration to the media by the Vice President of the Republic, Mr. Eduardo Stein, the Executive Power is elaborating a Code of Good Practices to impose more strict controls to the processes of adoption, leaving aside the fact that those processes are duly legislated by the Civil Code and by the Decree 54-77 of the Congress of the Republic.
2.That the Executive Power elaborates a Code of Good Practices with the intention to restrict rights established by the law in effect in Guatemala, violates gravely the principle of the division of powers stated in the Political Constitution of the Republic of Guatemala and make the President to incur in several felonies, like usurping functions and abuse of authority, among others.
3.That your government has not complied with the protection that the State owes to adoption and to the orphans and abandoned children, as it is ordered by the Political Constitution of Guatemala in its articles 51 and 54, and that if it were not by the private institutions and persons who have taken care of its keeping and care, many of those children would have died of curable diseases or would have been mistreated and abused.
4.That any act or order that you authorize, that restricts or limits the children’s right to be adopted, will openly violate the Political Constitution of Guatemala, which also constitutes a felony.
5.In consequence, both you and the Vice President will be held personally responsible of the felonies committed if you try to enforce “laws” or orders dictated by the Executive Power, usurping the legislative functions of the Congress of the Republic, in clear violation of express constitutional provisions and mocking the promises made to the officers of the Department of State of the United States of America that your government would not hinder the adoption processes of Guatemalan children by citizens of that country.
6.That you have to bear in mind at all times that the officers are depositories of authority, legally responsible for its official conduct , subject to the law and never above it, according to article 154 of the Political Constitution of the Republic. Guatemala, February 13, 2007.
UPDATE by Kevin Feb 14, 2007 3:44 p.m. EST: We have confirmed that the Protocolo has been "Postponed" and will not presented Friday. DOS is apparently planning to issue a statement later today.
UPDATE by Kevin Feb. 14, 2007 4:56 p.m. EST The DOS statement just went onto the website. It contradicts information that came directly from members of DOS OCS. We are trying to find what in the world is going on! to read the statement, click here.
UPDATE 2/16: February 16, 2007- Joint Council, per their website, has reported that "the Presentation of the Protocol on Good Adoption Practices originally scheduled for today, Friday, February 16, 2007 has been postponed. The postponement has been confirmed with both the Guatemalan and U.S. governments. At this point, Joint Council has no information on when or if the Presentation will be rescheduled."
--------------------------------------
Kevin/Kelly
Could you explain what this means to parents who are just starting the process? How soon would this go into effect?
s
Posted by: s at February 13, 2007 09:43 AMLet's hope and pray that nothing comes from this...... I can't help but wonder if the Berger's will once again try to push forward their anti-adoption agenda.
Thanks for keeping us posted,
gloria
mom to 5 Guatemalan blessings
Does anyone know if the Vice President is planning on running for the Presidency? Would that have anything to do with him proposing it?
I think it's wonderful that the ADA will hold the politicians responsible. I wish UNICEF was held accountable too.
Jenn in PA
Posted by: Jennifer at February 13, 2007 11:54 AMBy "the Protocol will be presented this Friday" I assume that doesn't mean that it would take effect this Friday but that it would still need to be voted on by the Guatemalan congress--the same congress that has repeatedly rejected similar protocols. Is this correct?
Posted by: Amy at February 13, 2007 11:57 AMIn the article you state:
"Let us unite and prevent this tragedy from taking place."
What exactly can we do to help???
Thank you,
Kris
I know it says we shouldn't panic, but it is hard to stay calm with this ongoing insanity. What are the odds that this will be accepted this time? I would think that these potential violations of Guatemala law would strongly influence any changes.
Karen in CT
Please please explain, worst case scenario, what happens to in process cases?
Posted by: Amy at February 13, 2007 09:43 PMMost people want to know from a practical perspective, what will happen if this happens?
The protocol would make foster homes illegal. Children would only be able to be in a hogar legally with a judical order, which is like an abandonment and we know how long those take. PGN and a panel of professionals would have to interview the relinquishing mother, and that will be a lengthy process - this is not an institution known for its speed. Then if the child was freed for adoption, the child would have to be offered to extended family first, then Guatemalans for a domestic placement, and then, and only then could they be offered for foreign adoption.
The Protocol also offers no provisions for the care and feeding of these children in the meantime while the "powers that be" decide where they should go. Nowhere does the protocol mention interim care for children and how such interim care will be funded. This is a desperately poor country than can hardly afford to run programs currently in existence. This is a HUGE undertaking by the government - and sadly, has absolutely no infrastructure to back it up.
The ADA are poised to pounce if if this passes, but we need to rally together and get our US Dept. of State to oppose this in a way that Guatemala understands and adheres to. Pres. Berger promised not to do this back in the fall to the Dept. of State (and even said that the ADA was lying about the existence of this Protocol) and now he is threatening again. Furthermore, he does not have the power to legislate and ADA will file papers against him and will win, but it could potentially hold things up for everyone in process if we don't get our DOS to oppose it.
If you would like the US government to intervene in this matter, contact Christopher Lamura, who heads up the international adoption section at the US Dept. of State. His number is (202) 663-2928. Also call your US Senators and Congresspersons. This is an ill planned attempt by President Berger to "ratify the Hague" and the children of Guatemala, particularly the children currently in process, will ultimately suffer for this poorly planned scheme.
Some people think it may be unwise to ask the US to "interfere" with another sovereign government's legislation. That is why we have a US State Department - to interact with other governments when issues of concern to our country are at stake. This issue affects thousands of Americans and is definitely should be an issue of concern for the US State Department in my opinion.
If you want to know more about UNICEF's stance on intercountry adoption and how it will negatively effect adoption and the children in Guatemala, you can access Families without Borders @ www.familieswithoutborders.com This is pertinent, as President Berger is motivated by UNICEF in this executive order - and the money UNICEF will give him for passing this legislation. There is a 63 page document analysing the perils of UNICEF in Guatemala.
Ok, this freaks me out we are just starting our adoption process and this scares me to death. What if we get started and it gets put on hold for god knows how long?? Do you really think it's safe to adopt from Guatemala right now?? We are just starting our paperwork and I don't know what to do.
Posted by: Tracy at February 13, 2007 11:31 PMI wonder if this will be given 3 readings before Congress (if first reading is approved) or will the readings from the last time this came up count as the first (or first and second readings?)? Either way, it's really unnerving but this proposed law has been ruled unconstitutional before, and I have to hope it will be shot down again.
I'm hoping Susanna Luarca will chime in on this one for us. Her posts from the Guate side of things always seem to add a degree of comfort to those of us in process.
Posted by: Lea at February 14, 2007 12:39 AMHi All-
This is not the first time this has happened. We went through this with our last three referrals. I remember the anguished it caused me and many families back in Sept.05. So, even though the Pres/VP had proposed this, it will not go into effect immediately. Congress has to pass it 3x. It has been thrown out in the past during the first vote. People aren't ignorant in Guatemala, everyone there knows there are only 5 State-run orphanages and over 20,000 orphans. If children are removed from foster homes, where would they go? The President nor congress has no plans to establish a welfare system and free health care for mothers and children, nor plans to build more orphanges and hire the necessary people to staff them, nor hire more police offices to go to the market places to pick up abandoned children...so that being the case,it might stand to reason that Congress may again not pass this. Why is Unicef pressing for this you might ask? Haven't they've seen the disasters they have caused in other countries? Maybe this non-prof organization wouldn't exist if there weren't any orphans because these children would have found homes instead. It makes you start to question their actual motives. Maybe they should stick to giving immunizations and stay out of the adoption forum. Just a thought. Marie
Could Kevin PLEASE! comment on this. Would this affect children who are currently in the process? Also, is there anything parents could do, fostering, if this would be passed? Thanks. Erik
Posted by: Erik at February 14, 2007 06:41 AMIf this EO goes through, would foster families step up to adopt these babies? I think that the fees for a domestic adoption would be waived under Guatemalan law (if I remember correctly). Just wondering if anyone out there has a sense if this would happen or not.
Posted by: Jen Rohde at February 14, 2007 07:15 AMErik et al,
I'm sorry to say that we don't know exactluy what this means yet which is why we have not chimed in. Guatadot tries hard not to speculate when we don't have a strong hunch. We are looking into it and will post when we have a better assesment.
Kevin
Guatadopt.com
Several families have received phone calls back from DOS and they are stating that they will have a statement posted on their site later today concerning all of this.
Posted by: Becky at February 14, 2007 02:03 PMHow do I log on to the DOS site to check this?
Posted by: cc at February 14, 2007 03:54 PMHere's the DOS link:
http://travel.state.gov/family/adoption/intercountry/intercountry_3146.html
It's doublespeak, as usual.
Posted by: km at February 14, 2007 04:56 PMIt looks as though JCICS is stating that is has been postponed for 8 days.
Posted by: Erik at February 14, 2007 08:32 PMThe info posted on the DOS website is so vague. Don't you think? It says that the U.S. does support guatemala's efforts... what exactly does that mean?
I will be anxiously waiting to hear further info...... thanks for keeping us updated and informed.
regards,
gloria
I too am concerned as I just started the homestudy and signed with an agency. They stressed some concern but believe everything will be okay until the end of the year or next year. I know I went through this with my adoption in 2003, but brought him home safe. So my feeling from them was it is okay to pursue this. I know I am going to be running ragged to get my paperwork completed this time around.
I am also a single mom, would I no longer be able to adopt from Guatemala?
Debbie
Posted by: Debbie at February 14, 2007 09:39 PMI was looking around b/c of all the uproar and I found this info on the US Embassy of Guatemala site. Further down it says Pres. Bush is meeting with Berger.
President and Mrs. Bush will travel to Brazil, Uruguay, Colombia, Guatemala, and Mexico from March 8 - 14, 2007. This trip will underscore the commitment of the United States to the Western Hemisphere and will highlight our common agenda to advance freedom, prosperity, and social justice and deliver the benefits of democracy in the areas of health, education, and economic opportunity.
In São Paulo, Brazil, President Bush will meet with President Luíz Inacio “Lula” da Silva to discuss a range of issues, including alternative energy, as well as meet with other leaders of Brazilian society. The President will then travel to Montevideo, Uruguay, to conduct bilateral meetings with President Tabaré Vázquez, reciprocating his visit to Washington in May 2006. President Bush will next travel to Bogotá, Colombia, to meet with President Álvaro Uribe and underscore the United States’ commitment to supporting that nation’s successful battle against narcoterrorism and efforts to improve the lives of the Colombian people. The President will also visit Guatemala to experience the rich cultural diversity of this Central American nation, meet with President Oscar Berger, and emphasize the close relationship between our two countries. The President will conclude his trip with a visit to Mexico to emphasize our strong partnership with Mexico and to demonstrate support for President Felipe Calderón’s efforts to address poverty and income inequality, restore law and order, fight the common threat of drug trafficking, and strengthen our economic relationship.
# # #
Posted by: Maddie at February 15, 2007 08:17 AMI'm just curious if anything has been said today regarding this protocol? Postponed or not postponed??
Posted by: Becky at February 15, 2007 09:26 AMIt's being posted on another site that DOS has confirmed that the meeting is happening tomorrow. Can FOA, Guatadopt, or JCSIS chime in about this?
Posted by: Becky at February 15, 2007 11:05 AMDear Friends,
We have information that the Protocol of Good Practices will be presented tomorrow at 10:00 am at the National Palace of Culture. Only Diplomats, Churches, Human Rights Organizations and government officers will attend. None of the adoption professionals, hogar directors or people directly involved with the adoption process were invited.
The Protocol of Good Practices states that only the Secretaria de Bienestar Social is the only entity authorized to process international adoptions and all processes of adoptions would be suspended and sent to Bienestar Social, so this entity find a suitable family for the children.
As this violates not only the Guatemalan Constitution and other laws, but also the rights of the people who accepted a referral of a Guatemalan child, relying on a legal system that cannot be changed by an illegal executive order, your authorities must look into this, because this is a matter that would hurt children and families equally. Bring this matter to their atenttion and do not panic. Justice will prevail.
Susana Luarca, ADA
Posted by: Susana Luarca at February 15, 2007 12:47 PMCan someone please explain if the protocol is an attempt by the executive branch to circumvent the legislature by passing some sort of "executive order," or if it is a recommendation of the executive branch that would need to go through the Guatemalan Congress?
Posted by: KC Williams at February 15, 2007 01:52 PMSo, you're saying that there appears to be no contingency for adoptions already in process, and that these would be halted?
Oh my...
Posted by: Jessica at February 15, 2007 02:12 PMThank you susana for your tireless efforts!
Kevin & kelly - what should we do? We are waiting to know what we should do in this situation... so deeply concerned about the ramifications......
regards,
gloria
My understanding then, is that as of tomorrow adoptions in Guatemala as we have known them will cease until the Protocol can be undone. Is that correct? If our government doesn't want to meddle in the affairs of a foreign government, is there any hope for those of us in process?
Posted by: Anne at February 15, 2007 02:41 PMAnne, I do not think that is a fair assumption. What we are hearing is that there will be an annoucement tomorrow. I do not know why DOS OCS gave people conflicting info yesterday. What we don't know is exactly what it means for a future process, when it takes effect or more importantly to the in-process cases.
My understanding is that this is an exceutive order of sorts that bypasses the legislature. and as Susana wrote, it can and will be challenged.
There is no "inside info" on ths that we are holding back. As we learn it, we'll post it.
Kevin
Guatadopt.com
Kevin, by "in-process" what do you mean?? we just accepted a referal last week and have our POA at the consulate right now for that final seal/signature so i can send it down to the attorney. would we be ok or not far enough along??
Posted by: Pam at February 15, 2007 03:03 PMSusana or anyone else,
Can you tell me who the best "authorities" are to take our concerns to? Should we go to our senators/congressmen, or are we better off contacting DOS??
Thanks!
Kris
Unfortunately, money determines just about everything. With that being said and with what someone has mentioned above...."the infrastructure is not currently in place". So, if they decide to not "grandfather" people already in the que then thousands of kids will be hitting the politicians doorsteps with no place to go. Correct me if I'm wrong but the current existing orphanages busting at the seems already.....now your going to dump all of these children into that system.....here is the punch line: WHERE IS THE MONEY GOING TO COME FROM????? Nuff said! So, I'm hoping these people are smart enough to realize if they approve the protocol its going to take money, time and infrastructure/facilities to appropriately set up this system before its properly up and running to take care of these kids.
My wife and I got a match on Valentines Day and said "your match, your flying this weekend" today, we get the call with this protocol news.
I feel fairly confident they will allow grandfathered couples to proceed until the system in properly up and running. Who knows...think about those children and what will happen.
Any predictions on what we will see with the Protocol tomorrow? I believe Guatemala will give it until the Hague is ratified and allow all current cases to go through. Erik
Posted by: Erik at February 15, 2007 07:11 PMI would advise that everybody who is concern for this protocol of bad practices, should write and email the US Ambassador in Guatemala, and President Bush, who by the way is coming to Guatemala, to stand up for all the families and for all the children who need a loving home. Is time to stand up and fight!!!
Posted by: Miriam at February 15, 2007 07:41 PMPresident Bush is meeting with Guatemalan President Oscar Berger in 2 weeks. The White House contact information is: http://www.whitehouse.gov/contact/. I think the President and Mrs. Bush should be made aware of how important it is for Americans and children of Guatemala in need of loving families to keep these adoptions going.
Posted by: linn at February 15, 2007 08:11 PMSadly, I think that Bush's major objective is immigration, where the US keeps sending Guatemalans back home. Thanks great PR and I'm sure won't help as far as how we are viewed in their minds. Erik
Posted by: Erik at February 16, 2007 06:53 AMGood Morning All-Yeah, writing to Pres. Bush about Guatemalan adoptions would be a good thing. He can put it on his "To Do" list, right after: Fix Iraq, jobs leaving to China, sky rocketing oil prices, border safety, immigration fiasco, health care reform and Walmart pushing out small mom and pop shops and global warming. All seriously folks, we just have to wait and see what transpires today, if anything. I have posted prior as to the realities of the Guatemalan infrastructure, so the likihood of children being taken"away" from foster homes is unlikely. The First Lady of Guatemala has lobbyied for adoption reform for awile now, especially against illegal adoption, coersion of birth mothers and scrupulous lawyers. Of course, every case gets lumped into this. She feels there needs to be oversight in all of this and lowering the number of adoption rates is a priority. There is always alot of mention in the newspapers of how adoptions have skyrocketed since the 90s. Of course this translates into less visas issued to the US. I know everyone's mind is racing with the worse case scenarios, but let's hang tight, support each other, let us rant all we want, write to whomever you want, it helps feeling like you are doing something, and wait until we hear from kevin, Kelly or Susanna. Thinking of all our little ones today, hugs, Marie
We are all waiting anxiously to see what this Protocol announcement actually means. We don't know if it will be announced as the Executive branch of the Guatemalan government's "wish list", to go into effect if no Hague compliant legislation is passed in congress, or if it is an effort to bypass the Guatemalan congress because they have not ever agreed to the Ortega law, which the Executive branch promotes.
I think it is highly unlikely that adoptions in process will be impacted (directly) by the Protocol. The ADA will be challenging the Protocol on legal grounds. The congress will be challenging the Executive branch's usurping of the legislative branch's authority. This is only IF they plan to enforce it. We won't know until it's announced, whether the executive branch intends to enforce this.
If they do - it is completely inexplicable to me. Aside from the havoc it will create within the adoption community, there is no way to fund the care of the children and will create even more children at risk.
WE NEED TO WAIT UNTIL AFTER THE ANNOUNCEMENT TO SEE WHAT THIS REALLY MEANS.
Hannah Wallace, Pres. Focus On Adoption
Is there a link to this Protocol announcement online anywhere? I know it will be posted on guatadopt, I just wasn't sure if there was a quicker access somewhere. Erik
Posted by: Erik at February 16, 2007 09:32 AMMy husband and I just completed our home study, are almost done with the dossier and concerned about this turn of events. I spoke with the adoption agency yesterday and they stated that once you get to the power of attorney, you are good. So if you have the POA, you should be OK, I truly can not see them stopping cases that are that far along in the process to be halted, and have the babies taken from foster care then put God alone, knows where. I can not imagine any human being allowing this to happen. I truly feel if you are at the POA, it has been signed, and if you are further along, you will be OK. The real concern is for those who have not completed the dossier yet, or received a referral yet. the more important thing is the safety and well being of the innocent children, Guatemala in no way has any workable system up and running, and there are thousands of homeless children living on the streets in Guatemala. I find it rather odd that Guatemala and UNICEF do not try to work together to deal with the current social issue of poverty and homeless children living on the streets first. Is that not what UNICEF is supposed to target? Those children in desperate need of medicine, food, clothing, a safe place to live (off of the streets) It appears that Guatemala will be increasing this problem greatly if they do away with foster homes. My prayers are for all the innocent children in Guatemala, and hope that Guatemala, UNICEF, the powers that be, begin to target the real issue of homeless children living in the streets, build a workable system so they can take care of these children, and not add to the great numbers that are already in existence.
Posted by: Nina at February 16, 2007 09:36 AMJust want to say thank you for that post, Hannah. And, while I'm at it, a huge thank you to Kevin and Kelly for keeping this site, too. I know this has got to be incredibly hard--esp. with so many adoptive parents in a panic, but your work and messages are appreciated on behalf of the prospective parents and the children who wait. Thank you, thank you, thank you.
Posted by: Amy at February 16, 2007 09:46 AMFound this article on Prense Libre today. This is Yahoo translation into English. Does not make much sense. Any spanish speakers, please translate!
Code for adoptions
Legislation on proceedings it was unified by Executive
By: Luisa F. Rodri'guez
The effective legislation that allows the national and international adoptions it was grouped in a code, that it will present today the Executive.
Rossana de González, coordinator of Mesa de Adopciones, integrated by more than 10 organizations, assured that it is necessary to unify the information and to present it the involved institutions.
It added that new legislation "or" novel procedures "is not", but to unify it, to guarantee that all the processes are fulfilled. This includes the suitable reception of the minor, in order to avoid that it has been robbed the biological mother, and the respective coordination between the institutions.
"We hoped that the Congress approves a law of adoptions, but, while that arrives, we must create more transparent procedures and to guard so that in all the processes it is fulfilled the regulated thing until the moment", commented Of González.
Until now, the adoptions are governed by the Constitution of the Republic, the Convention on Rights of the Boy and by the Law of Protection to the Childhood and Adolescence.
The code or protocol was written up by representatives of seven institutions and groupings members of the table of adoptions. Some of these are: the General Office of the judge advocate general of the Nation, the Secretariat of Social welfare of the Presidency, the Judicial Organism, the Ministry of Outer Relations, Interior, the Public Ministry and the Main directorate of Migration.
The year just last four thousand 326 children were adopted, and in which he goes of the year, have registered themselves more than 400.
Jaime Leonardo Tecú, legal adviser, and Mirna de González, ex- magistrada of the Supreme Court of Justice, of the table of adoptions, agrees in which at the present time many emptinesses exist that limit the State to exert control in the adoptions. More talked about than 20 thousand children who in the last four years occurred in adoption, of which only a small group has pursuit by means of particular lawyers.
"one is not to sell children as if they were cellular; until by catalogue they offer them ", assured Tecú.
Consultation: CC it solves on doubt of Berger
"the president is the one who directs the international policy", he thought the Court of Consitutionality (CC) when responding the consultation of president Óscar Berger, as far as the treatment that the Guatemalan State must give the international treaties.
The governor asked for the 22 of last December the consultative opinion to the constitutional court, before deciding if she approves the adhesion to the Convention of Is It, that establishes more formal requirements for the adoptions.
In 1993, Guatemala ratified the Convention of Vienna, on the right of treaties, signed the 23 of May of 1969. In that then there were reserves on the articles 11 and 12, that explained that the countries that had not approved the agreements they adhered to them.
The reserve put in risk the adhesion from Guatemala to more than 60 treaties, even, in the matter of human rights. The doubt of Berger was if it corresponded to him to raise the adhesions to him, or if it were task of the Congress.
The answer is that the president is the designated one constitutionally to handle the international policy; nevertheless, it is to the Legislative one to that it corresponds to emit the laws related to the beginning of those treaties, explained the CC.
The Court it fixed for the next 20 Tuesday the reading, in public Vista, of the opinion, with base in article 183 of the Political Constitution of the Republic.
What will this mean for those of us who are just beginning the process? (homestudy completed but no referral yet). Does this mean we will not be able to procede with adoption from Guatemala?
Posted by: R.Lynn at February 16, 2007 11:15 AMWell, its 11:18 am in Guatemala and 920 am in Colorado. Its awful quiet around here. Google adoption sites.....also very quiet. Anyone heard any breaking news???? You can cut the air in the US right now with a knife.
Waiting to see if I get to bring my little girl home. SV
Marie said:
------------------------------------------
"Good Morning All-Yeah, writing to Pres. Bush about Guatemalan adoptions would be a good thing. He can put it on his "To Do" list, right after: Fix Iraq, jobs leaving to China, sky rocketing oil prices, border safety, immigration fiasco, health care reform and Walmart pushing out small mom and pop shops and global warming."
-------------------------------------------------
Don't forget: Trying to reform the UN, and therefore UNICEF. You probably thought all the Republican UN-bashing was the hysteria of a bunch of right wing nuts -- until it was your baby in Guatemala. You should count your blessings that people who do not have babies in Guatemala are on your side. I can't count many "progressives" in that group.
But you also left out: avoiding the 8% (and higher) unemployment in the "progressive" European economy, the sluggish productivity growth that lags the US, and the fact that only 4 of the top 100 new companies created in the internet boom are European compared to 44 for the United States. But hey, they're taxing the rich and "protecting" their workers -- right into the unemployment lines.
We just received this from our agency:
Joint Council can confirm that the Presentation of the Protocol on Good Adoption Practices originally scheduled for today, Friday February 16 2007 has been postponed. The postponement has been confirmed both with the Guatemalan and U.S. governments.
We have no information on when or if the Presentation will be rescheduled.
The JSCIS reports: "February 16, 2007- Joint Council can confirm that the Presentation of the Protocol on Adoption Practices originally scheduled for today, Friday, February 16, 2007 has been postponed. The postponement has been confirmed with both the Guatemalan and U.S. governments."
Posted by: Piper at February 16, 2007 12:26 PMI wrote the President (our President) as soon as I heard he was visiting Guatemala. I'm anxiously awaiting his phone call now. I'm sure he wants to know my thoughts. LOL - Okay, I really did write to him about it though, it can't hurt folks, especially if he got mass mail on the topic.
Does anyone know if I filed my 1600A in early December 2006 and am close to sending in my homestudy if that would be considering a pending case or are the cases in process only those with referrals? ~Melissa
Posted by: Melissa Turi at February 16, 2007 12:34 PMI went to the JSCIS website just now and saw no mention of the postponement of the meeting. Can you tell me where you saw that official statement, Piper? Thanks so much!
Posted by: Lea at February 16, 2007 12:43 PMMelissa,
thanks for the humor this morning. The air is indeed "thick" and now we all have to wait indefinatelhy? What DO they think we are made of?
~jada
I am so glad that you posted about this being postponed. we can all breathe a sigh of relief until the next time this comes up..
I knew that the adoption journey was going to be a stressful one, but stil hard to handle items like this..
thanks again for keeping us up to speed on this as we work to get our little bundles of joy home..
Pam
Posted by: Pam at February 16, 2007 01:00 PMThere is nothing on the JCICS website about the postponement?
Posted by: Veronica at February 16, 2007 01:04 PMIt's posted in the home page of the JCICS website under UPDATES - http://www.jcics.org/.
Posted by: Heather at February 16, 2007 05:21 PMFor those asking about the announcement on JCICS. It's on the first page, scroll down. It's not the Guatemala page.
Lisa
Posted by: Lisa at February 16, 2007 05:27 PMThe main page of the JCICS website lists it now; scroll down and the first February 16th notice is about the postponement.
Posted by: Kevin (not guatadopt.com Kevin) at February 16, 2007 05:31 PMGo to www.jcics.org and scroll down the page until you get to UPDATES. It is the first update listed.
Posted by: Gina at February 16, 2007 05:35 PMLook on www.jcics.org and scroll down to "Updates " and it does mention the postponement. It's the first (from the top)update dated Feb.16 (there are 2 dated Feb. 16)
Posted by: Deborah at February 16, 2007 06:08 PMCan anyone shed some light as to what is going on? There seems to be a lot of confusion and not a lot of solid evidence. Erik
Posted by: Erik at February 16, 2007 06:38 PMRegarding the question:"if I filed my 1600A in early December 2006 and am close to sending in my homestudy if that would be considering a pending case or are the cases in process only those with referrals."
Answer: This is the fuzzy part of the protocolo. The US sides with processing all cases who have submitted a 1600A form and a referral. But the "buzz" around GC town is it has to be in PGN. This doesn't clearly give you a direct answer,because there are NO direct answers. But atleast it does give you some idea. Best to be reassured by your agency on this, everything can change. Marie
ALL is WELL. worry is negative prayer. each of us has the power of positive prayer ~ abundant LOVE is in charge not the political nonsense that runs in circles around us by the people who fear wellness.
PEACE, Lisa
Marie, where did you hear the GC town "buzz" about the protocolo? Curious, as the only thing that is keeping us from being in PGN is our own Embassy...waiting on PA (and many on another board have been waiting past the 30 day mark).
And, a big THANK YOU to everyone on the site who keep us well informed of what is going on.
Tina
Posted by: Tina at February 17, 2007 01:39 PMMarie - you stated "But the "buzz" around GC town is it has to be in PGN." in which circles is this being stated?? from whom did you hear this??
Kevin and Kelly - have you heard anything on what will be considered in process from the Guatemalan side??
So hard for us early in the process( We have POA done, but not in family court yet) to know what to think with so many different thoughts, opinions, rumors that all state something slightly different.
even though we are early in the process, we are already so attached to our little one to not be able to bring him home would be heart breaking.
I think we will all be at wits end until there is a definite statement from both counties involved.. I know we have to take it day by day for now, but this type of uncertainty is very scary to deal with day after day..
I am praying everyone one gets thru the process quickly to have their little ones home with them..
Pam
Posted by: Pam at February 17, 2007 02:00 PMJada, lol, he still has not called.
Marie, thanks for the answer. I heard that they are only referring to adoptions through agencies who use foster care and that the orphanage and hogar cases would be okay. Hum, that makes no sense. I guess I'll email our attorney and ask. We are not using an agency.~Melissa
Posted by: Melissa Turi at February 17, 2007 04:50 PMHi Friends- Welcome to the word of sleepless nights. Why do think everyone is so worried. But let's all first calm down. This has been going on for years and the some of us have been on this roller coaster for that same amount of time. There is nothing set in stone as to what the term "in-process" means. That is what worries me and so many others. Though the DOS has relayed information many times that those who have filed a I600A form, they will be processed and that they will honor and process cases, blah-blah-blah, etc, etc, etc. Well, just look at what happened in Romania and Cambodia. A poster, David, also referred to these events (you can see his postings under the Mary Bonn Arrested). Guess what, all those parents also filed I600A's with the US and they didn't get to bring their children home! The governments of Romania and Cambodia didn't care and stopped adoptions no matter what stage of "in-process" they were in. DOS did nothing either! The "buzz" on Guatemalan TV talk shows, news commentaries, newspapers and the street is not only I600A but "further along". This has been the case for years. This means what?? For all our sake and the sake of many, many children I hope that the Guatemalan government puts in writing what stage "in-process" and the term "further along" means to the government and then honors it. I along with many, many of you have fall in-love as soon as we get that referral and we see that first treasured picture. They just don't get it, do they? That yes, we do want our children, they become our children when we first dream of adopting one day. Does it mean more because you are two-minutes from exiting PGN, than if you just a got a referral? It seems that they (GT govt) just don't get it. So, to answer your question, there is nothing that explain "in-process" and it can mean from I600A or in PGN, or what will really happen. We all have to wait and see. Marie
Didn' I tell you? As soon as you think it's one thing, it changes. So by the time you get somthing confirmed, voila another pops up. Anyways, I don't think I can keep up with this anymore...well not really. If it is true, just wondering if this is scheduled to be perfect for Bush's meeting next week. Guat. will now be Hague compliant and so in simple terms: If the Protocolo is not passed, the US will not issue visas. If adoptions are to continue, Guatemala must pass the Protocolo so that the US will not ban adoptions from Guatemala. But what delays, not to mention the anguish also, this might cause one really doesn't know right now. Marie
Posted by: marie at February 27, 2007 06:32 AM