FOR THE CREATION OF A LAW AGAINST ILLEGAL INTERNATIONAL ADOPTIONS IN FRANCE
Author(s):
Collective of French Adoptees from Mali (AFM Collective)
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Recipient(s):
Emmanuel Macron (President of the Republic)
Elisabeth Borne (Prime Minister of the French Republic)
Eric Dupond-Moretti (Keeper of the Seals, Minister of Justice)
Catherine Colonna (Minister for Europe and Foreign Affairs)
Charlotte Caubel (Madame Secretary of State in charge of Children), Madame Yael Braun Privet (President of the National Assembly)
The petition
Update
In recent years, testimonies and investigations have revealed numerous reprehensible and even criminal practices concerning international adoptions. Aware of the scale of the phenomenon and its dramatic consequences, United Nations experts, on September 29, 2022, called on States to take measures against these practices, which in certain circumstances could constitute crimes. against humanity.
The recommendations and the various independent studies could not have been made without the work of “whistleblowers” who very often were adopted people themselves.
Indeed, once they become adults, these people in search of their origins often discover illicit practices that tainted their adoptions, ranging from simple offenses to more serious crimes such as child trafficking or forced disappearance.
Faced with these discoveries, the victims of these abuses (adopted people, biological parents and adoptive parents) are left to their own devices and their efforts to reconnect with their origins or quite simply discover the truth about these practices, which amounts to a real obstacle course;
It is urgent that France initiate a law to prevent, recognize, condemn and repair illegal international adoptions and support victims .
1) Multiplications of discoveries of illicit practices and human rights violations: ranging from irregularities, to serious offenses or crimes such as child trafficking, forced disappearance
In France, a historical study , associations, extensive journalistic investigations , and an official declaration by United Nations experts report facts which are contrary to the best interests of the child, to the international convention on the rights of the child. child of November 20, 1989 and the Hague Convention of May 29, 1993 signed by France in 1995 and ratified on June 30, 1998.
Thus a very large multiplicity of facts could be brought to light such as:
- kidnappings, sales, purchases and trafficking of children;
- enforced disappearances;
- fraud in adoptability declarations;
- falsification of official documents (false birth certificates, visas, passports, adoption judgments, consents to abandonment, false death certificates, etc.);
- lack of informed consent from biological parents;
- the making of fraudulent financial gains by intermediaries;
- corruption and embezzlement;
- the voluntary separation of siblings (brothers and sisters separated during adoption by organizations approved by the French State);
- false stories concerning the circumstances of adoption told by intermediaries who participated in the adoption (false orphans);
- the absence of a visa to enter French territory;
- non-compliance with the laws of countries of origin regarding adoption and international law.
Published in February 2023, a historical study on illicit practices in international adoption in France, carried out by two historians, Professor Yves Denechere and Doctor Fabio Macédo from the University of Angers, confirms a recurrence of illicit practices. This 150-page report is based in particular on French diplomatic archives .
The two academics demonstrated the systemic nature of illicit practices ;
2) Lack of support from the French State regarding assistance in tracing origins for adoptees born abroad
Currently, the French state does not help adoptees born abroad in their search for origins, unlike adoptees born in France. It appears that these people suffer discrimination based on their place of birth and their social environment because the search for origins can be expensive (travel, etc.); There are also difficulties for adopted people in obtaining information relating to their adoption;
However, the State is the guarantor of international adoptions in France.
Collectives and associations of adoptees have organized themselves in recent years to compensate for this lack.
3) Current French law is not adapted to the fight against illegal international adoptions and the compensation of damages
In 2007, public opinion was shocked by the affair of the Zoé Arch , this French association which had deceived Chadian families in order to take their children from them, yet 16 years later, it still does not exist legal text allowing children who were adopted in very similar circumstances to obtain justice and reparation. For example, limitation periods are currently not suitable; the most serious facts are often prescribed when they are discovered by the victims. However, as the acts were committed when they were children, the victims were not in a position to know about them;
However, in September 2022, the United Nations Committee on Enforced Disappearances published a joint declaration relating to illegal international adoption recommending that States modify their legislation on the issue. The text specifies that “in certain cases provided for by international law, illegal international adoption may constitute a serious crime, such as that of genocide, or a crime against humanity”; and that “states must ensure that limitation periods do not constitute an obstacle for victims seeking to access legal recourse, taking into account the particular difficulties that child victims encounter in filing complaints and continuous nature of the offense. »
4) French victims are mobilizing, in France and internationally, to defend their rights
In France, the collective of French adoptees from Mali led a campaign with certain ministers, deputies and senators. Other organizations of adoptees and adoptive parents also mobilized;
Internationally, alongside the Voices Against Illegal Adoption (VAIA) coalition bringing together 13 organizations (including 3 French) of people adopted internationally and adoptive and biological parents, an awareness campaign relating to adoptions illegal international law and the right to access to origins is carried out with various committees, working groups of experts and special rapporteurs. A few months later, United Nations experts published the joint declaration on illegal international adoption, making very clear recommendations to states.
Following this mobilization, on November 8, 2022, the State announced the establishment of an inspection mission on illicit practices in international adoption . The conclusions should be submitted to the Minister of Justice, the Minister of Foreign Affairs and the Secretary of State for Children at the end of spring.
We hope that this report will be made public as promised to the press because the State has a duty of truth towards the victims: adopted people, adoptive parents and biological parents.
We also want the State to take measures in consultation with all representatives of organizations of internationally adopted people and to hear their legitimate requests.
5) The demands of the Collective of French adoptees from Mali: recognition, public apologies, prevention, support, investigations, legislation and reparation if necessary
Application of the joint declaration relating to illegal international adoption by United Nations experts of 09/29/2022;
Official recognition of illegal international adoptions by the French State with recognition of the State's share of responsibility. Switzerland, for example, expressed “its regrets regarding the failings of the authorities”;
Modification of the penal code so that misdemeanors and crimes linked to illegal international adoptions become continuous offenses with appropriate limitation periods;
Creation of a legal framework governing the authorization of DNA tests which are sometimes the only possible recourse to certify the parentage link when a person thinks they have found their biological family; while the use of these tests is currently prohibited in France;
Implementation of repair procedures recommended by United Nations experts for adopted people who wish them;
Implementation of investigations, administrative and judicial inquiries without delay when reporting past or current illicit practices;
Right to the truth: Legal obligation for all people or organizations holding information on an adoption to make it available to the adopted person concerned as part of their search for origins (example: separated siblings, identities of birth or parent parents). intermediaries) with cooperation between States if necessary;
Creation of a multidisciplinary structure supporting the search for origins (psychologist, social worker, legal and administrative assistance, etc.).