B4-0058, 0062, 0089, 0096 and 0103/99

Resolution on the illegal trafficking of babies coming from Guatemala

The European Parliament,

- having regard to the Universal Declaration of Human Rights,

- having regard to the United Nations Convention on the Rights of the Child of 20 November 1989,

- having regard to the Hague Convention on Protection of Children and Cooperation in Respect of Inter-Country Adoption of 29 May 1993,

- having regard to its resolution of 12 December 1996 on improving the law and cooperation between Member States on the adoption of minors ((OJ C 20, 20.1.1997, p. 176.)),

A. whereas international adoptions when carried out with proper procedures and guarantees for the baby or child often offer him/her a chance of living in better conditions and whereas international adoption is also an important form of international cooperation,

B. whereas it is a matter of priority not to penalise international adoption as such but to provide this process with transparent and balanced rules,

C. whereas the UN Convention on the Rights of the Child only recognises inter-country adoption as an alternative if the child cannot be cared for in a suitable manner in his/her home country; whereas the Convention states that all parties should take all appropriate measures to ensure that inter-country adoption does not result in improper financial gain,

D. whereas in the last few years, due to the internal conflict and the recent disaster caused by hurricane Mitch, the number of orphaned and abandoned minors and of people willing to give their children up for adoption for economic reasons has increased,

E. whereas in 1997 in Guatemala over 2000 international adoptions were carried out by a small group of lawyers at an average cost of US$ 15000-20000,

F. whereas international adoptions in Guatemala have almost doubled in the last 12 months,

G. concerned by reports that illegal methods of adoption are still common practice in Guatemala,

H. whereas the current Guatemalan penal code does not classify trafficking in children as a crime and whereas the theft of children merely carries a one-year suspended sentence,

I. whereas children¨s rights NGO's and those working on the problem of illegal adoption of babies in Guatemala have been subject to threats and intimidation,

1. Recognises the important role played by legal international adoptions;

2. Calls on the Commission and the Member States to bring sustained pressure to bear on the Guatemalan government to promote national adoptions, to ratify the Hague Convention on Inter-Country Adoption, to strengthen its international adoption laws and to put into effect the Juvenile and Adolescent Code which will define the Guatemalan obligations under the UN Convention of the Rights of the Child;

3. Calls on the Guatemalan government and the Member States to prosecute those involved in the illegal trafficking of babies and children;

4. Calls on the Commission and the Member States to provide financial assistance to the programmes of the Guatemalan Attorney General's Office aimed at ensuring that the adoption procedures comply with all the national and international legal provisions;

5. Calls on the Member States to ensure that only public bodies or organisations accredited by the state which are non-profit-making are permitted to act as intermediaries in adoption procedures;

6. Is seriously worried by the fact that those working to prevent the illegal trafficking of children are subject to threats and intimidation and calls on the Guatemalan government to guarantee the safety of those people;

7. Calls on the Commission and the Member States to investigate in particular the case of the executive director of the Latin America programmes for Covenant House (Casa Alianza), British-born Bruce Harris, who has had charges of defamation brought against him after speaking out on the international adoption process in Guatemala;

8. Instructs its President to forward this resolution to the Commission, the governments of the Member States, the Government and Congress of Guatemala, the United Nations and UNICEF.