Sarajevo FPU uncovers vulnerability in Bosnia's Child

UNCLAS SECTION 01 OF 02 SARAJEVO 000145 DEPT FOR CA/EX, CA/VO, AND EUR/SCE (MIKE FOOKS) DEPT ALSO PASS TO KCC POSTS FOR FRAUD PREVENTION MANAGERS VIENNA FOR DHS MARLA BELVEDERE DEPT ALSO FOR CA/FPP-PLEASE PASS DHS SIPDIS E.O. 12958: N/A TAGS: KFRD CVIS CMGT CPAS ASEC BK SUBJECT: Sarajevo FPU uncovers vulnerability in Bosnia's Child Legitimation Procedure Ref A: 08 Sarajevo 1715 Ref B: 09 Sarajevo 053 ¶1. [Summary] Recent FPU field trips have uncovered a potentially serious vulnerability in Bosnia and Herzegovina's child legitimation procedure. FPU determined that no Federal or Entity law regulates background checks to verify the credibility of parents' statements during the process of child legitimation. Sarajevo considers this child legitimation procedure an easy way around strict BiH laws on adoption, and a serious potential vulnerability for possible alien smuggling and child abduction in Immigrant Visa cases. [End of Summary] 2) Sarajevo FPU encountered a number of questionable visa cases in which the biological father of the child was not the father stated on the child's birth certificate. This prompted FPU to delve into the issue of child legitimation in BiH. FPU's investigation led to meetings with municipal officials throughout both Bosnian entities: the Federation BiH (FBiH) and Republika Srpska (RS). ¶3. FPU discussed the legitimation issue with municipal officials in Sarajevo, Bihac/Velika Kladusa, and Banja Luka in the course of separate FPU visits to those areas. The scope of the investigation revealed that this is a problem which persists in every part of BiH, irrelevant to varying procedures in the Federation or Republika Srpska. ¶4. The first case which prompted FPU review occurred in April 2008. FPU visited Doboj Municipality to verify the credibility of two documents used for immigration to the US. The documents in question were a birth certificate and a Registry of Legitimation signed by an AMCIT. FPU visited Doboj Municipality offices and met with the Chief of Administration and the Maticar (Public Clerk) who issued both documents. Both officials insisted that each document was issued in accordance with the law, and that the American Citizen had an authorized court interpreter whose signature and stamp was placed on the document of legitimation. The presence of the translator during the procedure is the reason why they dismissed the possibility for misunderstanding regarding the nature and legal consequences of child legitimation in RS and BIH. ¶5. Doboj officials supplied FPU with supporting documents regarding the case and produced a certified copy of the original page of the Birth Register which clearly showed the father was not mentioned in the original 2003 entry. Additionally, hospital documents from 2003 did not report the father. The register revealed that the AMCIT arrived on the scene in 2005 to officially claim the child. When confronted with the fact that the AMCIT and the child's mother, according to their own statements, did not even know each other in the year of the child's birth, the Doboj officials insisted that all procedures were followed according to RS and BIH laws, and that they were under no obligation to check the credibility of the interested party's statements in the process of child legitimation, even in such a case where the AMCIT's relationship to the child were suspect. Meanwhile, the AMCIT took advantage of this loophole in the law to avoid the longer and more costly process of formal adoption. While these findings were alarming to FPU, post felt at the time that this was an isolated incident unique to that municipality and did not investigate further. ¶6. The second case involved a couple from Tuzla who had filed an IV petition for a minor who was born in Switzerland in 2003. FPU discussed the case during a visit to the Chief of Vital Records Department in Tuzla Municipality in November 2008. The mother admitted during the Immigrant Visa interview that her new AMCIT husband was not the biological father of the child, even though the husband's name was listed on the child's birth certificate issued in Tuzla. FPU investigation revealed that the real father is a Montenegrin citizen with whom the mother had a relationship in Switzerland. The father was surprised to learn that the mother was attempting to take the child to the US without his knowledge or permission. The Chief of Department once more confirmed to FPU that for the legitimation of children in BiH, the parent's sworn statement is sufficient-no mandatory check by a Bosnian authority exists. ¶7. FPU then held a meeting with the Chief of the Municipal Vital SARAJEVO 00000145 002 OF 002 Records Department at the Sarajevo Center Municipality. The Chief provided the FPU with copies of relevant BiH and Federal laws related to work of maticars (municipal clerks). She emphasized that no local law or regulation requires maticars to perform background checks during the legitimation process. FPU has since met with municipal officials in Sarajevo, Bihac and Velika Kladusa, and Banja Luka who all echoed post's concerns regarding Bosnia's legitimation process. ¶8. BiH municipal authorities are apparently ready to recognize as a father any man who comes to their office with the mother and signs a statement that he is the legitimate father. Where the original birth certificate did not list the biological father's name, the process is easiest. The new father's name is entered into the annotation field in the original Birth Register, after which a new amended Birth Certificate is issued. Based solely on the new birth certificate, it is impossible to ascertain the true circumstances of the child's birth. While post believes that this process is only rarely taken advantage of, the legitimation procedure clearly presents an easy way around strict BiH adoption laws, and a serious potential vulnerability. The Consular Section has since implemented new operating procedures to identify and red-flag for investigation applications in which the legitimation of minor applicants is in question. Post will closely monitor all children's birth certificates used for visas, especially in IV cases. ENGLISH