Mail RP to CD and 9 others in Hierarchy Sale of Children - Montenegro and beyond (Ares(2015)2268202 )
Roelie Post
16:33 (6 hours ago)
to Catherine.Day, matthias.ruete, christian.dani., irene.souka, Simon.MORDUE, Jean-Eric.Paqu., Dirk, johannes.hahn, gv, alexander.ital.
Dear All,
Since 10 years we have been working like this. I was put outside the Commission's walls to address the trafficking of children for intercountry adoption (ICA) through the NGO Against Child Trafficking (ACT), especially set up for this. Many COM staffers, till today, request, my advice, opinion, expertise because the COM lacks the knowledge. I have provided briefings, advice, etc since 10 years. At the same time, in public, and at work, I am treated by most as persona non grata.
I have deleted the source of the below request about Montenegro.
So, let me reply in full transparency to all the "stakeholders".
The below reply from Montenegro is the direct result of the Commission's decision to second me to ACT. ACT had to blew the whistle on the sale of children in the Western Balkan. It started end September 2014 in the canteen in L15, where Arun Dohle of ACT asked Dirk Lange about ica from Montenegro. An exchange of mails followed that ended with ACT's e-mail to President Juncker (27 May 2015 - no reply).
The below reply of Montenegro is what was to be expected. Since roughly 2007 DG Justice has pushed to replace the UNCRC with the Hague Adoption Convention.
Central issue: is intercountry adoption a measure of child protection or not?
This is where these Conventions differ.
And while the UNCRC is a universally applicable and binding UN Convention, the Hague Convention is a private law multilateral agreement - and cannot overwrite the public law, or give it a different interpretation than originally intended.
This issue was in 2004 addressed by the Independent Panel of EU Experts on Family Law, when the EU and the US were at odds on this issue.
Their judgment: adoption, and intercountry adoption is not a measure of child protection.
Since then, in a nutshell, the COM made a drastic U-turn:
Institutional memory removed (Roelie)
Others in the COM so scared that they would only meet me in secret
NGO's scared to meet ACT - might loose EU funding (for example Eurochild)
DG Just promoting Hague Adoption Convention, pretending it is acquis and SHOULD be ratified (Montenegro)
DG Just/Home keeping ica outside the trafficking definition
A fake European Expert Group was set up that pushed for full De-Institutionalisation with EU funding - with support of EMPL/REGIO
Amici dei Bambini did an EU financed campaign to re-create the notion of abandoned children
Hope & Homes, Lumos, Expert Group push for the Bulgaria Model to replace the Romania Model. The Bulgarian model includes adoption and ica as child protection measure. All other care options can be strictly limited in time. Hague Model = parental rights terminated. Children available for ica.
Bulgaria Model now is being pushed all over the world by Lumos and the Expert Group – pretending this is the EU position.
During this time, ACT has, without any public funding, put the world of adoption upside down. Field research combined with policy analysis has provided the undeniable evidence that the practice is child trafficking or sale of children (as some prefer). The results have been significant.
Due to the rapid decline of the ICA business, many adoption agencies are closing doors. The Italian Central Authority has concluded a MOU with the Carabinieri, to involve them in banning the practice of black money paid for adoptions.
In the US one of the so-called ethical adoption agencies is charged with conspiracy to defraud the US. More are expected to follow. The US Trade Organisation of the adoption business, the Joint Council on International Children's Services will be defunct as of next month. Formally for lack of finance.
In general, one can say that the adoption myth has crumbled and there is a growing awareness of the child trafficking/sale of children which it constitutes.
At the same time, the only growth in ica is now from Europe. Australia wants to expand: target Poland, Latvia, Bulgaria, Portugal.
How to reverse/repair this? Not that difficult.
The position of child rights co-ordinator should not be in DG JUST (according to a report of Save the Children), but in the SecGen. From there on, it will be easy for the COM to reverse the harm done – when armed with the institutional memory and detailed knowledge.
Until the COM addresses this issue, in consonance with the Member States and the European Parliament, the commodification of childern for (intercountry) adoption cannot be halted.
Until the COM addresses this issue, my position inside the Commission will be untenable. And outside the Commission, I am "fair game". Also other people’s careers and lifes have been affected. I have informed Catherine Day about this about a month ago.
I copy this to the new General Secretary Italianer. And also to Commissioner Hahn and former Commissioner Verheugen.
Sincerely,
Roelie Post
P.S. All snail-mail needs to be addressed to my lawyer, as I am in hiding
Dr. Eric Agstner
Tuchlauben 11/2/13-14
A-1010 Wien
===================================================
From: ROUSSEAUX Stephanie (NEAR) On Behalf Of LANGE Dirk (NEAR)
Sent: Friday, June 26, 2015 2:56 PM
Cc: HAGLEITNER Thomas (NEAR); MERTICARIU Roxana (NEAR)
Subject: FW: Ares(2015)2268202 : Reply to letter regarding IPA projects on deinstitutionalisation
Dear XXX
Your comments/views would interest me.
Thanks in advance
Dirk
From: DROBNIC Mitja (EEAS-PODGORICA) [mailto:Mitja.DROBNIC@eeas.europa.eu]
Sent: Thursday, June 25, 2015 10:58 AM
To: LANGE Dirk (NEAR)
Cc: PAQUET Jean-Eric (NEAR); LYS Andre (EEAS-PODGORICA); ADIE-BAIRD Dawn (EEAS-PODGORICA)
Subject: FW: Ares(2015)2268202 : Reply to letter regarding IPA projects on deinstitutionalisation
Dear Dirk,
In answer to your message near.d.1(2015)2563750,
1. With regard to Mladost-Bijela
· Are there still new admissions ?
The trend of admissions has been decreasing since the start of the project, from 28 in 2010 to 8 in June 2015. The duration of children's stay tends to reduce also with the increasing trend of fostering. The Ministry encourages social workers to seek alternatives to family separation. In addition, an approval from the Ministry is now necessary for long term admissions, which makes the process more rigorous (gatekeeping).
· "4 % were transferred to other institutions" – What does this mean? Can you give an absolute figure.
Out of the 147 discharges recorded during the implementation of the project, 7 were to other institutions (which is 4.7%).
· What is the current progress as regards establishment of small group homes?
1 small group home (SGH) will open in Bijelo Polije in the coming months. A further 4 are targeted to be established before the end of 2017. It should be noted also that 9 Day Care Centres are operational and a further 6 will be opened in the near future, providing more support to families to keep children at home: the number of children in day care centres has risen from 54 in 2010 to 145 in June 2015.
2. With regard to international adoptions:
Please note that Montenegro is a signatory to the Hague Convention on Inter-country Adoption
· From where did these children come from? From Bijela only?
It is mostly children from Bijela but 1 case was from foster-care.
· What is the exact background of the children (disabled, Roma, etc.)?
With regards to exact background, in view of protection of privacy, the information is not readily available to stakeholders and such request should be sent through a formal note from the European Commission to the line Ministry in charge.
· Did the parents consent to adoption?
Parents do give consent unless they are legally deprived of parental rights as foreseen in the Family Law.
· Was there no other possibility to care for these children in any suitable manner locally, considering COM's funding for alternative care in ME?
Inter-country adoption is considered as a last resort. The alternative (in order of priority) are as follows: day care possibility, kin-ship foster care, non-kin ship foster care, local adoption.
Best regards,
Mitja DROBNIC
Head of Delegation
DELEGATION OF THE EUROPEAN UNION TO MONTENEGRO
Vuka Karadžica 12
81000 Podgorica
Tel.: +382 (0) 20 444 600
Fax.: +382 (0) 20 444 666
Email: Mitja.DROBNIC@eeas.europa.eu
Web: www.delmne.ec.europa.eu
This electronic message does not constitute a formal communication and does not necessarily represent the official position of the European Union.
Ova elektronska poruka ne sadrži formalno saopštenje i ne predstavlja nužno službeni stav Europske unije.
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