NEPAL: FRANCE AND GERMANY AGREE TO PUSH FOR

C O N F I D E N T I A L SECTION 01 OF 02 KATHMANDU 000342

SIPDIS

SIPDIS

STATE FOR CA/VO/L/A: SUMBER, JNYSTROM; CI: MSAINT VICTOR,
CLAMORA; CA/FPP: DKENDRICK
NEW DELHI PLEASE PASS TO DHS/USCIS

E.O. 12958: DECL: 02/09/2017
TAGS: CVIS CASC KFRD KOCI NP
SUBJECT: NEPAL: FRANCE AND GERMANY AGREE TO PUSH FOR
ADOPTION REFORM

REF: KATHMANDU 0212

Classified By: Ambassador James F. Moriarty. Reasons 1.4 (b/d).

Summary
--------------


1. (C) On February 8, Ambassador Moriarty, French Ambassador
Jolivet and German Ambassador Ring agreed that on-going
concerns with international adoptions in Nepal required a
joint push for reform. The meeting followed the Government
of France's decision to suspend all individual adoptions from
Nepal (reftel).

France: Adoption Needs Reform
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2. (C) On February 8, Ambassador Moriarty, French Ambassador
Michel Jolivet and German Ambassador Franz Ring met to
address on-going concerns regarding international adoptions
in Nepal. The meeting followed the Government of France's
(GOF's) decision to suspend all individual adoptions from
Nepal (reftel). Jolivet expressed concern over the Government
of Nepal's (GON's) limited regulation of adoptions,
fraudulent documents submitted in adoption cases, lack of
control over French adoptive parents and a general
deterioration of the adoption process in Nepal. He commented
that he was a strong supporter of international adoptions,
but that the situation in Nepal remained problematic. (Note:
Jolivet adopted one of his own children from Cambodia. End
Note). Jolivet was concerned by a lack of uniformity in fees
paid by adoptive parents, proceeds which were allegedly
pocketed by orphanage directors and GON officials. The
number of adoptions processed for French families had
multiplied from only 40 in 2005 to over 150 in 2006. Jolivet
also lamented that there was a lack of GON control and
oversight. He cited the Ministry of Women, Children and
Social Welfare's (WCS's) inability to maintain a list of the
orphanages currently allowed by the GON to process
international adoption cases.

French Case Examples
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3. (C) Jolivet expressed shock over some of the adoption
cases that had been presented to the GOF over the past year.
In one case, adoptive parents were matched with a child
certified as an orphan by the GON and paid several thousand
Euros to the local orphanage. The child's biological parents
subsequently came forward and demanded the return of their
child. The orphanage refused to return the child to the
biological parents until the Nepal Police intervened. In
another case, French parents sent the orphanage several
thousand Euros for the care of the child, including fees for
a private nanny, but when they arrived in Nepal six months
later to finalize the adoption they discovered that the money
was gone and the two year old child weighed ten pounds.

Germany: Agreement
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4. (C) Ambassador Ring stated that Germany had ended all
individual adoptions in 2002. He added that Germany sees
many of the same problems in their adoption cases from Nepal.
Until recently there were only two German adoption agencies
processing international adoptions in Nepal. The largest of
the agencies which processed approximately 50 adoptions last
year, was suspended by Germany in 2006. The remaining agency
processed an average of only ten cases each year. Ring
agreed that the GON needed to reform its adoption procedures.


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French Delegation To Visit Nepal
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5. (C) Jolivet reported that the GOF was developing a new
system to allow French adoptions to resume in Nepal. The
first step was a fact-finding trip by French adoption
authorities the week of February 12. The GOF would then
review the findings and select a sole French adoption agency
to process Nepali adoptions. The French agency, in
consultation with the GOF, would then select a sole local
Nepali orphanage. Jolivet confirmed that the GOF decision of
January 31 had resulted in a complete stoppage of all French
adoptions pending the establishment of the new system.
(Note: Under the old French system in Nepal, parents were
allowed to adopt individually -- without the use of a French
agency. End note.) Jolivet confirmed that the GOF had
already black-listed two orphanages in Nepal, Bal Mandir and
Children's Home, because of concerns over specific cases and
their general practices.

Next Joint Steps
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6. (C) Ambassador Moriarty agreed with Jolivet's and Ring's
concerns about adoption issues in Nepal, particularly related
to possible human trafficking. Adoptions were also, however,
a win/win situation for adopting parents and orphan children
from Nepal, the Ambassador noted. He suggested that the
international community push for reform of Nepali adoption
law based on a UNICEF draft proposal submitted to the GON
last summer. Jolivet stated that he intended to encourage
European Union (EU) member states Italy and Spain to end
individual adoptions from Nepal. (Note: Italy and Spain
process around 250 adoption cases each per year. End Note.)
Ring added that the EU consular group had been discussing
their adoption concerns in Nepal, and had begun working on a
joint statement to present at a GON-organized adoption
conference in March. The three Ambassadors agreed to try to
use the impending conference as an opportunity to push the
GON toward meaningful reform.

Comment
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7. (C) Embassy Kathmandu sees many of the same problems
identified by the French and Germans in the adoptions cases
we process. The planned adoption conference in March
provides an opportunity for the international community to
address our concerns with the GON as a unified front. The
Embassy is coordinating a letter with European missions to
urge the GON toward meaningful reform before the start of the
adoption conference.
MORIARTY