HAGUE COMPLIANCE REPORT PREPARATION

UNCLAS TEGUCIGALPA 000154

SIPDIS

FOR CA/OCS/CI

E.O. 12958: N/A
TAGS: KOCI CASC HO
SUBJECT: HAGUE COMPLIANCE REPORT PREPARATION

REF: SECSTATE 00568


1. Post concurs with CA/OCS/CI's Assessment of Honduran
non-compliance with the Hague Convention on International
Child Abduction.


2. Furthermore, on July 9, 2003, Consular reps once again
explained to the IHNFA representatives that the
applicability issue regarding the Hague Abduction
Convention was settled in July 2001 when Ambassador
Policarpo Callejas, Ministry of Foreign Affairs Advisor,
confirmed that since both Honduras and the USA are
signatories to the Vienna Convention, the Hague
Convention on International Child Abduction is in force
between the two countries. The Vienna Convention Article
27 states that a country may not invoke the provisions of
its internal law (ratification requirement) as
justification for its failure to implement specific
provisions of a treaty. The IHNFA reps provided us with
a copy of a letter dated May 30, 2003 addressed to the
President of the Honduran Congress, Porfiro Lobo, in
which they requested that Congress define the
applicability of the Hague Convention in Honduras.
Consular reps also provided the IHNFA with copies of all
the documentation indicating that this issue had already
been resolved. On June 11, 2003, Post sent a letter to
the President of the Honduran Congress
Porfirio Lobo, requesting a prompt response to IHNFA's
original inquiry. On November 18, 2003, Post sent a
letter to Congressman Jorge Arturo Reina, assigned to
handle this issue, requesting a status report. Several
days later Congressman Reina responded by phone stating
that they are diligently working to ratify the Convention
as soon as possible.


4. Cases currently pending at IHNFA:

- On May 27, 1998, Post submitted Hague application to
the IHNFA for the return of Chelsea Nicolette Patterson.

- On July 10, 2003, Post submitted Hague application to
the IHNFA for the return of Kevin Obed Berrios.

- On October 9, 2003, Post submitted Hague applications
to the IHNFA for the return of Jonathan Nassar Morais,
Joshua Nassar Morais and Erick Junior Nassar Morais.


5. Post will continue to actively pursue resolution of
this matter by GOH authorities representing the
Legislative and Executive branches of the government and
will advise the Department of any new developments as
they become available.

PALMER