adoptions in guatemala - protection or business?
Missing adolescents aged 11 - 17
Dado en valores absolutos
GRAPH 11
600
528
500
400
300
252
200
100
0
January - December 2006
January - July 2007
Source: National Civil Police statistics.l Guatemala, 2007.
National Police statistics show that 18
children have been reported stolen
between January and July. Of these,
66% are boys and 44% are girls.
Boys and girls 0 to 10 years of age
who have been reported missing must
be added to these numbers because
they can be linked to kidnapping, in
view of their ages. The total number
of missing children reported between
January and July 2007 is 59, 29% of
which are between the ages of 0
months to 5 years. The remaining
71% are aged 6-10.
If you include
children
aged 0-10 reported as kidnapped and the
children reported missing, there is a total of 77
over a period of seven months, or an average of
11 children per month. Of this total, 45%, i.e. 35
children, were 0 months to five years old at the
time of their kidnapping or disappearance. 55%,
or 42 children, were aged 6-10 years of age.
25 cases of kidnapping and 117 cases of missing
children between the ages of 0 months and 10
years were reported in 2006, or a total of 142 cases
over a twelve-month period, with an average of 12
girls and boys per month.
528 adolescents were reported missing from
January to December 2006 and 252 from January
to July 2007, between the ages of 11 and 17. there
are three missing children, one in 2006 and two in
2007, whose ages are not known.
48
Thefts of children seem to be underreported,
because the mothers, fathers and families of the
victims hesitate to report them out of fear of
reprisals, because they are unaware of the
procedures, because the services are inaccessible
to them, because they are afraid of being arrested
or because they distrust State authorities. They
tend to prefer reporting the child’s theft to the Office
of the Human Rights Defender, which estimates that
it received 230 reports of child theft from January to
June, 2007.
There are no statistical data on the mothers of the
missing children. Based on interviews, however, it
was determined that their ages range from 16 to 30;
in other words, they are women of reproductive age.
They have recently given birth, they were deceived
prior to the birth, are single mothers and under-age
first-time mothers. Most live in poverty, without paid
jobs and depend on their partners or families for
their subsistence. They are uneducated or illiterate
or do not speak Spanish. Most of them live in
marginalized urban or rural areas. There are
women from other social and economic classes
whose children have been kidnapped, although the
method used and the circumstances are not known.
The
consequences of the theft,
kidnapping and disappearance of children
affect the victims psychologically and
emotionally. The girls and boys are denied
their true identity and legal protection.
Their physical and psychological safety is
also at risk, and they are assaulted in every
area of their development. They were
kidnapped, are totally unprotected and were
sold. In the case of stolen adolescents,
their personal autonomy is also threatened
and they may be the victims of injuries,
abuse, commercial sexual exploitation,
pornography or forced labor.
The mothers and their families do not
know whether these children are alive
or dead, because the possibilities of
finding them are almost nonexistent.
The mothers’ lives are violently
disrupted. All of a sudden they are
deprived of their son or daughter, and
they realize that this absence is
permanent. They must organize a
search for the child, which often
continues during their whole lives.
Thus, a consequence for the mothers
is their grief over the child’s theft,
kidnapping and disappearance,
whether the child is found or not.
Even if the child is found, the
traumatic experience remains and is
worsened if the deed goes
unpunished. In one of the cases
under study, the child was rescued by
the police, but the mother has
received death threats and the
suspects were set free after they
posted bond.
2.1.2 Perpetrators of
child theft, kidnapping
and disappearance
Based on a study of 26 cases of
child theft, kidnapping and
disappearance 28 that occurred
from January to June 2007, it was
determined that a total of 60
persons participated. Of these,
60% were women and 40% men.
The women are between the ages
of 15 and 56, the majority being
between 21 and 29. the youngest
of the men is 18 and the oldest one
59. Most are between 31 and 40.
In five cases the perpetrators were
blood relatives: sisters, brothers,
cousins, a mother, father and
daughter and a father and son.
49
adoptions in guatemala - protection or business?
2.1.3 Modus operandi
Some of the methods used for the theft of children throughout the country have been compiled
to give a true picture of the different mechanisms used and of the magnitude and complexity of
the problem. These were obtained from files, investigations and interviews with the Police, the
Survivors Foundation, the Office for the Defense of Indigenous Women (DEMI), Casa alianza
and the local media. Most of the events took place in 2007.
Based on the child theft mechanisms described and the study on threft, kidnapping and
disappearance of children29, the criminals act in two different ways: child theft through deceit
and violent child theft. In the first instance, the mother and father of the child, of the child itself,
are deceived. In the second instance, physical violence or firearms are used.
The theft can be effected in one of three situations: one, when the victim is alone or with another
person and takes the baby to places such as work, the street or home; two, when the victim is
kept captive until she gives birth and then they take away the baby; and three, when the victim is
the child and is taken on the street, school, a fair or a dance. The criminals take advantage of
crowds or inattention on the part of the parents or teachers to kidnap them.
No. Modus operandi
1
The criminals talk to the parents about sponsoring
The child and giving it support. They ask the
Parents to sign a document. The document states
That the child is being given up for adoption. The
Paper is usually used with people who have little
Education, are illiterate or only speak their native
Place
San Luis, Petén30
Language other than Spanish.
2
The criminal pretends that he is an evangelical
Missionary who is visiting the community for several
Weeks to gain the trust of the people. They identify
A number of cailies and then they talk to the
Mother or father of the child to offer assistance so
The child can be trained as a missionary in the
Coatepeque,
Quetzaltenango
Livingston,
Izabal31
United States. They also offer them money to help
Them cover their expenses.
3
The criminal watches elementary and high schools.
Several people usually work together. They seize
A boy or girl as they enter or leave school, wheh
The children are gathered at the entrance to the
School. They get away in a vehicle.
Rabinal, Baja
Verapaz
Pacay, Santa
Apolonia,
Chimaltenango32
La Unión,
33
Zacapa
4
The criminals watch the movements of the mother
With the baby. They follow her to her work, which
Is usually a place where tortillas are made, a store
Or a greengrocery. They use force, death threats
And firearms to take away the baby. They get away
In a vehicle. Usually two women or two men act
Together.
Ciudad de
Guatemala34
In this case the
Child was rescued
By the police.
The Survivors
Foundation
Has become a
Sobrevivientes se
Co-plaintiff in this
Case in the
Prosecution
against the
Defendants.
5
6
Two women go to the place where the mother works
And always takes the baby with her. It is usually
A business run by one or two persons. After the
Women inspect the place, two men arrive and
Stage a rape or an assault. They take the baby
And lock the mother up.
Guatemala
A woman goes to the mother’s home, where the
Guatemala City36
Cty35
The Survivors
Foundation is a
Co-plaintiff.
Grandmother is caring for the baby. The mother
Is not home. The criminal asks her to turn over
The baby at once, because the mother has asked
For it to be taken to see the doctor. This means
That they knew the baby is sick. Meanwhile
Other criminals are watching the mother.
7
The mother is intercepted while she has the baby
Guatemala City37
In her arms. The criminals threaten her with firearms
And then they struggle with her, shoot and take the baby. The woman is wounded.
Continues...
28
Taken from reports, files and interviews with the National Civil Police. Central American News Digest, Office of the Defense of Indigenous Women (DEMI) and Survivors Foundation and
Casa Alianza, Guatemala, 2007.
29
50
Ibid.
No.
8
9
Modus operandi
Place
The criminals usually kidnap the mother and the
Baby and even whoever is with the mother, usually
The grandmother. They put them in a vehicle,
Take the baby and then leave the mother and the
Grandmother on the side of the road.
Cobán, Alta
The criminal, who may be known to the victim, ,
Accosts the child, who is 8 or older. The victim
Is deceived and made to accompany the criminal.
The victim is hidden until he or she is sold.
One can assume, considering the age of the boy or
Girl, that he hor she is being sold for commercial
Camotán,
Verapaz40
Chiquimula41
Sexual exploitation or for child pornography.
10
11
12
13
Men take the baby from the mother’s arms by force
When she is waiting for the bus.
The criminal offers a young man or woman a large
Sum of money in exchange for kidnapping a child.
The young man or woman kidnaps the child at
A fair, dance or school. They sometimes use
Mixco,
Guatemala42
Santa María
Cunén, Quiché43
Ocós, San
Narcotics or drugs to tranquilize the child.
Marcos44
Women or men contact young pregnant Indigenous
Women in the interior. They offer them jobs in
Guatemala City. Once in the city, they take the
Baby by deceiving the mother. They abandon the
Mother or let her return to her community.
San Pedro
Carchá, Alta
Something similar happened to an indigenous
Mother of five who was pregnant with a sixth
Child. She came to Guatemala city to work at a
Tortilla factory. After the birth, the owner of the
Tortilla factory charged for her for her upkeep
During the pregnancy and for medical expenses.
Since the mother has no money to pay with, she is
Asked to give up the baby instead. The mother
Refuses to give he up. She called the Office of the
Solicitor General to reprt the abuse and threft of
The baby. The case was reported because a judge
Found a shelter for the baby’s mother, who was
Destitute, far from her home, and did not speak
The baby’s
mother comes
From
Quiché and this
Happened in
Guatemala la
City 46
Verapaz45
Spanish.
14
This case is similar, but the owner of the house
Guatemala City47
Where the mother was working accused her of
Mistreating the child and not having the necessary
resources to take care of the child. A social worker
corroborated this and the child was transferred to a
crèche.
Continues...
30
Barrio La Florida, San Luis Petén, June 25, 2007. Central American News Digest (07/2007)
based on information provided by the National Civil Police.
31
Livingston, Izabal, July 16, 2007. Central American News Digest (07/2007) based on information
provided by the National Civil Police.
32
Pacay, Santa Apolonia, Chimaltenango, February 1, Central American News Digest (07/2007)
based on information provided by the National Civil Police.
La Unión, Zacapa, June 21, 2007. Central American News Digest (07/2007) based on information
provided by the National Civil Police.
33
34
Ciudad Nueva, zone 2 of Guatemala City, June 21, 2007. National Civil Police and Survivors'
Foundation.
35
Sector de La Parroquia, zone 6 of Guatemala City, September 27, 2006. National Civil Police
and Survivors' Foundation.
36
Colonia San Juan, zone 6 of Guatemala City, March 26, 2007.
Survivors' Foundation.
National Civil Police and
37
The woman was admitted to San Juan de Dios Hospital with two bullet wounds. October 22,
2007. National Civil Police.
51
adoptions in guatemala - protection or business?
15
However, the bands, couples and
individuals who engage in the theft,
kidnapping and disappearance of
children are merely a link between the
kidnapped girl or boy and a system
that lends itself to child trafficking.
These are complex systems that might
be linked to child sexual exploitation,
child pornography and adoption rings.
The mother and
The children are
From Alta
Verapaz and this
Children out for breakfast, they give them food and
Guatemala City48
Took place in
Offer them 8,000 quetzals for signing papers and
Giving up the baby. Most women are unaware of
The contents of the papers because they are
illiterate. They are also offered “pills for their
nerves”. The kidnapper came to the village dressed
In native clothes but in the capitalcity she changes
Into Western clothes, jeans and a blouse.
16
The midwife who attends the birth tells the mother
GuatemalaCity49
The baby was born “with problems”. A sedative is
Injected and the woman is transferred to the
Emergency room of Roosevelt Hospital, where she
Asks for her child and the nurses tell her that she
2.1.4 Places where the
crimes are committed
Was the only one in the ambulance.
17
A 14-year-old was contacted by a woman who
GuatemalaCity50
Offered to take care of her baby while she went to
Work and only asked her to bring a can of formula.
When the teenager returned with the can of
Formula, the woman had disappeared with the
According to police statistics, the
departments where the kidnapped and
missing children came from in 2006
and 2007 are: Guatemala, Escuintla,
Retalhuleu, Suchitepéquez,
Chimaltenango, Alta Verapaz, Jalapa,
Santa Rosa, Zacapa and Totonicapán.
The department of Guatemala had the
highest number of cases: 16 in 2006
and 13 in 2007, followed by Escuintla,
with 2 cases in 2007 and Retalhuleu,
with 3 cases in 2006. However, many
cases that take place in villages and
communities of the interior are not
reported to the police.
Baby.
18
The notary public is waiting outside the hospital
And approaches a woman whose baby has a
Health problem. She offers financial assistance to
Care for the baby and places her in contact with an
Attorney who makes her sign blank pages that will
Allegedly be used to admit the baby to the hospital.
She takes her to a laboratory for a blood sample.
The mother agrees, not knowing that the blood
Sample will be used for ADN analysis, whis is a
Requirement for adoption of the child. A midwife
Certifies the baby’s birth. When the mother asks
To see the baby, the notary informs her that she
No longer has custody of the baby, because she
Signed paper to give her up for adoption.
GuatemalaCity
Both cases were
Reported to the
First Children’s
And Adolescents’
Court of the
Metropolitan
Prosecution and
Prosecuted by
the Legal Support
Program of
Casa Alianza
Guatemala. The
19
The same notary accosts an underage mother who
Went to the family court to sue the father for
Child support. Feeling powerless, she starts crying.
The notary gives her 2 quetzals to buy a disposabe
Diaper. When she returns, the notary gives her a
Soft drink that makes her drowsy, so the notary
Offers to take her home. The young mother wakes
Up the next day and the notary tells her that the
Baby is sick and was taken to a hospital. The same
Day she goes to the Register of Vital Statistics of
The Municipality of Guatemala and gets a birth
Certificate, to a laboratory for the blood sample and
The children are stolen, kidnapped
and made to disappear in many
different areas, but some of them are:
· * Low and middle-income social areas,
popular neighborhoods, where the
mother works at a store, tortilla
factory, shoe store, grocery store,
produce stand. These are usually
well-populated areas at certain times,
but silent between 10:30 a.m. and
2:00 p.m., or after 5 p.m.
Judge who judged
This case resolved
That the children
Should be handed
Over to their
mothers.
The underage
mother and the
Baby were taken
To the Young
Mothers’
Community of
Casa Alianza.
Then she insists that she register the baby again
At the Register of Vital Statistics of Escuintla.
She takes her to see an attorney who makes her
Sign blank papers, stating that they are for the
hospital. The baby’s mother insists on seeing her
child but they claim that she is very ill. Finally the
young mother asks her mother for help, who
demands that the notary give her the baby. She
answers, “if you want the baby, go to court, because
the baby is being given up for adoption.”
38
39
40
52
In certain cases they bring the woman and the
Baby, and another son or daughter of the same
Woman, to Guatemala City and promise to get
Her a job as a domestic servant. Once in
Guatemala City, they take the mother and the
Interview with Norma Cruz, Survivors' Foundation (09/2007), Guatemala
Cases documented by the Survivors' Foundation. Interview (09/2007), Guatemala.
Cobán, Alta Verapaz, July 7, 2006, Office for the Defense of Indigenous Women (DEMI).
* Villages and hamlets in the interior,
characterized by high poverty and illiteracy
levels. This includes villages located in Alta
Verapaz, Chimaltenango, Izabal, Quiché, Petén,
San Marcos, Suchitepéquez, Chiquimula,
Zacapa and Retalhuleu. In most cases the
villages and hamlets are far from the
departmental capitals.
·
* At departmental and municipal capitals where
the women come to private clinics or houses for
prenatal checkups or to give birth. This also
happens at the women's homes when the birth is
attended by a midwife.
·
* Places in rural or urban areas where elementary
and high schools operate.
·
* Areas or places where fairs, children's games or
dances take place.
·
* Shopping centers, areas close to movie
theaters and restrooms, parking areas or areas
close to these.
41
Camotán, Chiquimula, June 14, 2007, Survivors' Foundation and National Civil Police.
42
Zone 2 of Mixco, Guatemala, August 29, 2007, National Civil Police.
43
Siguán, Santa María Cunén, Quiché, June 30, 2007. Central American News Digest
(07/2007), based on information provided by the National Civil Police.
44
Limón, Ocós, San Marcos, July 4, 2007. Central American News Digest (07/2007), based on
information provided by the National Civil Police.
45
San Pedro Carchá, Alta Verapaz, May 20, 2006.
(DEMI).
46
Quiché and Guatemala City, August 2007. Survivors' Foundation.
47
Survivors' Foundation.
Office of the Defense of Indigenous women
48
Santa Elena village, near the Polochic River, Cobán, Alta Verapaz, October 24, 2007. Human
Rights Office of the Archbishopric (ODHA).
49
Ibid.
50
Colonia El Milagro, zone 19, Guatemala City, Survivors' Foundation.
2.1.5 Response given
by public authorities,
civil society
organizations and
communities
Based on the study of 26 cases of
theft, kidnapping and disappearance
of children from January to June 2007,
it was determined that in 21 of these
cases the inhabitants of the
communities where the events took
place apprehended the suspects. Of
these, 11 cases resulted in the
lynching or corporal punishment of the
suspects and three lynchings were
fatal. 45 people were apprehended by
the inhabitants. 42 survived and were
handed over to the National Civil
Police. Of the total number of cases,
one was solved by the police, which
captured five people. These were set
free after posting bail. Nobody has
been captured in the other cases.
The 21 cases in which the inhabitants
acted took place in villages and
hamlets that are not regularly patrolled
by the National Civil Police because it
lacks the necessary police officers and
material resources. In some cases,
they were able to intervene and
prevent more fatalities and lynchings.
Police activity has concentrated in
urban areas of Guatemala City and
the department of Guatemala, where it
investigates cases and carries out
raids and captures suspects. The
persons involved in the theft and
53
adoptions in guatemala - protection or business?
trafficking of a boy named Jonatan
Alejandro Martínez Sol were captured;
three women who had a child
kidnapped in Siquinalá, Escuintla,
were also captured. Four children
who had been kidnapped from Casa
Esperanza children's home were
rescued.
Despite the changes made in the police and its
efforts to perform its functions by following up on the
cases, it needs more support. The Ministry of
Justice whould also show more willingness to
coordinate its work with that of the police in order to
solve these crimes.
Cases reported to criminal courts for the crime of
kidnapping
Stated in absolute values
GRAPH 12
400
350
300
250
200
146
150
100
50
0
January to December 2006
January to July 2007
Source: developed on statistics of the Judiciary, Guatemala, September 5, 2007.
377 crimes of kidnapping were
recorded by the courts in 2006 and
146 in 2007. The ages of the victims
were not determined since the
National Judicial Analysis and
Documentation Center does not
provide this information. The same
thing happens with data on the
prosecution and outcome of the
cases, since these are only available
to the court that hears the case. This
information is useful, however, in
determining the number of people
tried for kidnapping and the
departments where the trials take
54
place. In 2006, Guatemala tried 14% of the cases;
13.5% were tried in El Progreso; 12% in Escuintla;
11% in Quetzaltenango; 7% in San Marcos 6% in
Jutiapa; and 5.5% in Santa Rosa. These seven
departments report between 21 and 55 cases in a
year, and account for 69% of the cases of
kidnapping that were reported to the Judiciary at the
national level. In absolute terms they number 262
cases. The rest of the departments report less than
20 cases of kidnapping during that year.
Cases reported to criminal courts for the crime of kidnapping
Stated in absolute values
TABLE 12
Department
January to December 2006 January to June 2007
Country total
377
146
Guatemala
54
52
Suchitepéquez
15
6
Retalhuleu
2
0
San Marcos
26
5
Huehuetenango
5
4
Quiché
14
2
Baja Verapaz
2
1
Alta Verapaz
15
5
Petén
12
2
Izabal
2
3
Zacapa
1
3
Sacatepéquez
8
4
Chiquimula
6
2
Jalapa
6
5
Jutiapa
23
7
Chimaltenango
11
8
El Progreso
51
8
Escuintla
46
8
Santa Rosa
21
1
Sololá
8
3
Totonicapán
8
2
Quetzaltenango
41
15
Source: Prepared on the basis of statistics of the Judiciary, Guatemala, September 5, 2007.
The number of persons accused of kidnapping in
criminal courts went down in 2007. 52 cases were
reported in seven months in the department of
Guatemala in 2007, against 54 in 12 months in
2006. (Translator's note: this comparison is not
valid but that is what the original says). It is
followed by the department of Quetzaltenango with
10% and Chimaltenango, Escuintla and Santa Rosa
with 5.5% each.
Under article 201 of the Criminal Code on
kidnapping, "the capital punishment will be applied
to the material perpetrators or instigators of the
crime of kidnapping of one or more persons for the
purpose of collecting ransom, the exchange of
persons or any decision contrary to the will of the
kidnapped victim or any other similar purpose.
When the capital punishment cannot be applied,
prison sentences of twenty-five to fifty years will be
imposed. No mitigating circumstances will be
applied in this case. Co-conspirators or those
covering up the crime will receive prison sentences
of twenty to forty years. The sentences for the
crime of kidnapping may not be reduced under any
circumstances.”
Most judges, however, impose one of
the alternative sentences contemplated
in article 264 of the Code of Criminal
Procedures, which consist of conditional
liberty and a fine. The first one means
that the defendant promises to appear in
court when required and the second
provides for liberty under bail. In both
cases the defendant is set free. On the
other hand, the indictment is usually for
child theft, which is punishable by one to
three years of imprisonment. The
Ministry of Justice (known as the Public
Ministry in Guatemala) has not
considered modifying the
characterization of these crimes and the
courts are not studying a change and
still base the prosecution of those
indicted for kidnapping on the Criminal
Code.
State institutions such as the Office of
the Prosecutor General of the Nation
and the Ministry of Justice have not
taken decisive action to locate
kidnapped, stolen or missing children
or to prevent this from happening.
The statistical records of the Ministry
of Justice and the Judiciary do not
provide accurate information on the
number of children kidnapped or on
their ages and places of origin.
With
regard to the role played
by civil society organization, the
Survivors' Foundation has been a coplaintiff in at least for cases that are
being tried; other cases are
investigated and solved by Casa
Alianza; and the Center for
Investigation, Training and Support for
women (CICAM) is investigating one
case. The Office of the Human Rights
Defender and the Human Rights Office
of the Archbishopric of Guatemala
have also conducted investigations
and studies.
55
adoptions in guatemala - protection or business?
2.2 “Purchase and sale of
children”
2.2.1 The Victims
There are two types of victims: babies,
girls and boys who are sold and
purchased, and their birth mothers,
who sell them for adoption purposes
out of extreme need, deception or
coercion. This does not include
women who are able to support their
babies but sell them in exchange for
material benefits.
Most
of the babies
sold are between one day and 12
months old, although girls and
boys up to five years of age are
sold for adoption purposes.
Children over the age of six,
especially adolescents, are
sometimes sold for other
purposes such as commercial
sexual exploitation and child
pornography.
For a newborn to be given up for
adoption, its birth mother and/or father
must give it up, which implies
abandonment. In other words, the
baby is deprived of the bonds of
affection. Babies who are sold may
suffer from different types of
abandonment: early abandonment,
when the mother gives up her
newborn for adoption; and prenatal
abandonment, when the mother is
ambivalent toward the unborn child [or
is coerced into giving it up for
adoption]. This rejection or concern is
transmitted to the fetus.
Such mothers are incapable of establishing bonds
of affection with the baby and her stress is passed
on to the fetus. Abandonment has different effects
depending on the age of the boy or girl. Unborn
babies can become depressed or vulnerable to
stress situations. During the first six months,
separation from the mother implies a loss of a
sense of safety by the child, who starts reacting to
its environment at three or four months of age,
recognizes its mother and other persons who are
important in its life; from six months to a year,
children become shy and relate more easily with
new people if they have felt safe. Abandonment at
this age may have worse consequences for psychic
development. After one year of age, the effects of
abandonment will depend on the bonds that were
established during the first two years of life (sic)51.
Children over three who are sold feel abandoned,
far from their mothers, families and communities.
They are unable to communicate in their language
and feel uncertainty. The changes they face imply
"betrayal" on the part of persons they loved and
trusted. They also run the risk of rejection by their
adoptive families or the society into which they are
thrust.
“Older children and adolescents who are trafficked
are usually sent to another country, far from their
families and family environment; they often do not
speak the language, have no idea of what will be
done to them and are completely vulnerable to all
kinds of abuse (....) They may become dependent
and dangerously attached to their pimps and brothel
owners. If the trafficking takes place across
borders, their illega situation makes it very difficult
for them to seek help, since they run the risk of
being arrested and prosecuted for prostitution,
illegal immigration and possession of false identity
documents.
51
Mundaca, M. R.; Gallardo, I.; Angulo, P. (n. d.). Factores que influyen en el apego y la adaptación de los
niños adoptados (Factors Influencing adopted children's attachment and adaptation). José Santos Ossa
University and University of Chile.
56
They can be imprisoned or deported and, when
they return to their homes, they run the risk of
being rejected by the family and the community,
being sold again or forced to return to
prostitution. In these cases their right to
personal freedom, their physical integrity and
health are violated. They can be subject to
torture or cruel, inhuman or degrading treatment
and forced into slavery or forced labor"52.
Based on reports by the Survivors' Foundation,
Casa Alianza and the Office of the Defender of
Human Rights, and the study of 56 files, including
those of Casa Hogar Quivira and those
documented by the Office for the Defense of
Indigenous Women, it was determined that the
ages of birth mothers of babies, girls and boys
who are sold and purchased range between 13
and 24, although there are women up to 30 years
old. There are indigenous and non-indigenous
women among them. Most live in conditions of
poverty and extreme poverty. They do not have
paid employment and depend financially on their
partners or relatives and usually have more than
one child. They are also illiterate and have little
education and speak no Spanish. This makes
them very vulnerable to deception and coercion.
It also limits their ability to report the theft to the
competent authorities or to follow up on the
complaint, places them at risk of being victimized
by the administrators of justice and makes them
unable to defend their rights.
These
women may
live alone or have dysfunctional
family relationships. They may
live with their mother or father or
stepmother; they are the
girlfriends of gang members or
married men; their pregnancies
are the result of rape or incest;
they are unwed mothers and their
pregnancies are the product of
unprotected intercourse.
Underage pregnant women are
especially vulnerable. Others
take advantage of their lack of
experience, their family problems
and lack of affectionate
relationships and their financial
condition. Two places of
residence were identified:
marginal and semi-marginal areas
of departmental capitals and
Guatemala City; and villages and
hamlets distant from municipal
capitals. In urban areas, the
women are aged between 13 and
24, while in rural areas they are
aged between 18 and 30.
52
Report of the Special Rapporteur on the Sale of Children, Child Prostitution and Child
Pornography, Ms. Ofelia Calcetas Santos (E/CN.4/2000/73/Add.2).
57
adoptions in guatemala - protection or business?
2.2.2 Perpetrators of child
trafficking
2.2.3 Modus operandi
There are seven types of perpetrators
of the purchase and sale of children:
·
·
·
58
* "Spotters", or mediators, who are
the link between the child's mother
and "adoption workers", are
typically women aged 20-40. In
rural areas, spotters and mediators
usually belong to the same
community as the mother.
* Men who have raped the women
or are their lovers, get them
pregnant and then ask for the child
and give it up for adoption.
·
* Birth mothers, fathers
families that "sell children".
and
·
* Notaries who carry out the
transaction either by deceiving the
child's mother or coerce her to give
up the child voluntarily or by force.
·
* Midwifes, obstetricians and
pediatricians in hospitals, most of
them private. These persuade
pregnant women or those who
have just given birth to give the
baby up for adoption. The women
usually receive some
compensation in exchange for the
child.
·
* The owners of crèches or
shelters for pregnant women.
The former receive children that
have been "bought" and the
latter shelter pregnant women
who give their children up for
adoption when they give birth,
usually in exchange for
compensation.
·
* Future adoptive parents, who pay
significant amounts of money for
adopting a girl or boy.
The methods used to purchase and sell children in
Guatemala have been studied. In the cases
studied, the children acquired in this manner are
being used to meet the demand for adoptions.
Establishing the way they operate provides insight
into how the sale of children facilitates international
adoptions, for which future adoptive parents pay
large sums of money for the "legal" procedure.
Based on the modalities for the "sale of children"
described above, there are three ways this is done:
the voluntary sale of the child, the sale of the child
using deception, and the sale of the child using
coercion. In the first instance, the birth mother
gives up the baby voluntarily and receives a sum of
money in exchange. In the second, the birth mother
is tricked into signing papers she does not
understand or are not filled out, to hand over the
baby, or agree to give a blood sample. In the third
instance, the mothers are persuaded by the
"spotters" or mediators to give up the baby for
adoption, taking advantage of the women's
vulnerable situation. The rapists or lovers who
fathered the child often convince them to give up
the baby for adoption.
There
is another way in which
children are "offered": the websites of
international adoption agencies. On these
sites, future adoptive parents contract their
services to begin the formalities for
adoption of Guatemalan girls and boys.
Prices range between $13,000 and 40,000.
the agencies are in contact with "adoption
workers" in the country.
No.
1
2
3
4.
5
6
7
8
Modus operandi
The father or a relative kidnaps a child and gives it
up for adoption without the mother's consent in
exchange for money. This typically happens when
the mothers are unwed or the babies are the product
of rape53. These women are poor and uneducated
and are subjugated in the family circle.
The birth mother sells the child.
"Spotters" look for pregnant women in markets,
parks, public hospitals, health centers, bus stops and
prisons and offer them 5,000 quetzals for their
unborn child. Spotters promise to take care of the
child, to hire a notary public and do the necessary to
complete the legal documentation. Two specific
cases documented in prisons:
One is a 16-year-old who was approached by a
"spotter" who persuades her to give up the child for
adoption. When the young woman went into labor
she was taken to San Juan de Dios Hospital, where
the "spotter" was waiting for her, and then to a
private hospital. The only thing she remembers is
that she gave birth and received an injection. She is
found on a street (Calzada San Juan), from where
she goes to report the incident.
The other case is that of a pregnant woman who was
standing in line at the entrance to Pavón Prison. A
woman persuaded her to give up her unborn child for
adoption. The future mother agreed and does as
instructed. However, when the time comes for her to
give up the baby, she changed her mind and
reported the incident to the police.
Lawyers travel in the interior of the country, looking
for young women of limited means. The agreement
is simple with women who want money or live in
extreme poverty and are pressured into selling their
babies to improve their other children's living
conditions.
In three cases reported in Alta Verapaz, the women
were raped and became pregnant. In one of the
cases, the rapist asked the mother to hand over the
baby to give it up for adoption. In another case, an
unknown woman tried to convince the mother to give
up the baby for adoption.
Pregnant women might be leaving Guatemala
through "blind spots" between Guatemala, Honduras
and El Salvador to give up their babies for adoption.
The same mechanism may be used with girls and
boys for sex trafficking purposes.
Documented by:
Survivors'
Foundation
Central American
News Digest
ILPEC/UNICEF
Survivors'
Foundation; Office of
the Defender of
Human Rights
Office of the
Defender of Human
Rights
Office of the
Defender of Human
Rights
ILPEC / UNICEF
Office for the
Defense of
Indigenous Women
(DEMI)
National Civil Police
"Blind spots" are border crossings that are not
watched by the authorities of either country.
Continues...
The pregnant women or mothers of
newborns are approached when they
are alone. The “spotters” and
mediators approach them after
investigating the women's living
conditions. Notaries and other
persons interested in purchasing
children typically do so when the
opportunity comes up. These take
advantage of the mother's state of
mind and needs or educational and
socioeconomic condition.
The main argument is that the boy or
girl will have an opportunity to live
outside the country in better
conditions, and the woman will benefit
from the compensation offered for the
child. That is when the adoption
becomes illegal. The sums offered to
the women for agreeing to give up
their children for adoption range from
3,000 to 15,000 quetzals54.
Other arguments used to convince the
mothers include assistance with
medical expenses so they can give
birth at hospitals or clinics or medical
treatment for the children. They
persuade the women to sign blank
papers or documents they do not
understand or to give blood samples
that will be used for DNA testing55.
they are also offered jobs as domestic
servants56.
53
Rape does not seem to constitute a typical reason for giving up the baby for adoption. In 2007,
of the five cases of 11-year-old girls who were raped and became pregnant, the families did not
agree to give up the babies for adoption, because they believe that it is a "sin". Survivors'
Foundation, Guatemala, 2007.
54
Casa Alianza and National Civil Police.
55
Cases solved by Casa Alianza, Guatemala.
56
Casos reported by the Office for the Defense of Indigenous Women and the National Civil Police.
Three ways in which the perpetrators
buy and sell children were identified:
“spotters”; rapists or lovers; and any
other individual who buys a girl or boy.
59
adoptions in guatemala - protection or business?
·
·
60
When the victim is approached by
a "spotter”. These women work in
specific territories; they identify
their victims and study their
movements and those of their
families. With the information they
obtain, and knowing the most
vulnerable points, they "purchase"
the children without difficulty.
These "spotters" are part of the
adoption network and they operate
in villages, hamlets, marginal and
semi-marginal areas, in markets,
prisons, national hospitals and
health centers. They have
established partnerships with drug
traffickers, gang members,
traffickers in human beings,
notaries, pediatricians, midwifes,
obstetricians, nurses, social
workers, caregivers, crèches,
registrars of vital statistics and
even court officials. Unlike
spotters, mediators do not plan as
much.
The other persons (notaries,
midwifes, obstetricians and
pediatricians, owners of crèches or
shelters for pregnant women) carry
out the transaction directly with the
mother of the boy or girl. This is
done in three ways: one, the
mother looks for somebody to sell
the child to. In this case, the
"spotters" have told the women
how to contact these people. Two,
the buyers identify and approach
the mothers and convince them to
sell the child. Three, newspaper
advertisements invite mothers-tobe to receive information on
adoptions.
No.
9
10
11
12
·
Modus operandi
A group of Nicaraguans who operate in the eastern
part of the country seduce the women, who fall in
love with them and become pregnant. They later
suggest that the mother give up the baby for
adoption. The women agree, but sometimes the
men do not keep their part of the bargain and do not
pay the women for the babies.
The mother-to-be is brought from a village or hamlet
to Guatemala City, where she has been offered
work as a domestic servant. Before she has the
baby she is coerced into selling it. When the child is
born the woman signs the adoption papers under
coercion, deception or voluntarily. They she is
taken to the register of vital statistics to register the
child and it is taken away from her. The woman is
then abandoned.
The notary receives the baby's mother in his or her
office, where the transaction is made. The mother
has come to the office through a "spotter".
Babies, girls and boys are offered on the internet to
be given up for international adoption.
Documented by
Office of the
Defender of
Human Rights;
ILPEC/UNICEF
National Civil
Police; Survivors'
Foundation
National Civil
Police
Office of the
Defender of
Human Rights
The women's lovers or rapists get them
pregnant and then ask them to give up the baby
for adoption.
2.2.4 Places where these events take
place
in the cases studied, children have been purchased
and sold in the departments of Alta Verapaz,
Guatemala, Izabal and Petén, as well as near the
borders. Other departments may also be involved,
but there are no records that allow a more precise
analysis of the situation.
The places where the first contacts for the purchase of
children take place are:
· The home of the baby's mother. Although the
evidence shows that mothers are isolated from
their family environment. They are transferred to
other municipalities or departments or Guatemala
City before giving birth. The transaction takes
place where they work or give birth.
·
Prisons where the pregnant women visit their
spouses, boyfriends or partners. The modus
operandi indicates that "spotters" contact the
women when they are standing in line for a
visit.
·
Hospitals and health centers in rural areas in the
interior or marginal areas of Guatemala City.
"Spotters" contact the women standing in line or
in waiting rooms, where they offer them
assistance in receiving care at private clinics. At
these clinics and hospitals the women are
persuaded to give up the babies for adoption
and the transaction is carried out.
·
Shopping centers and certain restaurants.
These seem to be voluntary sale
transactions, but deception and even drugs
are used to incapacitate the mothers whose
babies or older children have been taken
away.
·
Zones 2, 6 and 18 of Guatemala City and
Camotán, Chiquimula. There are indications
of the existence of rings of “spotters”.
·
Villages and hamlets in the interior,
characterized by high poverty and illiteracy
levels. This includes villages located in Alta
Verapaz, Petén and Izabal.
·
Crèches and shelters for pregnant women.
In the first instance, "spotters", mediators or
other individuals who buy children deliver
them to a crèche or a private caregiver; in
the second instance, pregnant women are
taken to shelters voluntarily, using deception
or coercion. They remain there during the
pregnancy and hand over the baby after it is
born.
There is evidence of direct
intervention by community members
who have apprehended individuals
accused of the sale of children, most
of them birth mothers, fathers and
families. The persons apprehended
are sometimes physically assaulted,
which is the punishment established
by customary law, or placed
immediately in the hands of the
National Civil Police.
Like
in the case of
stolen, kidnapped and missing
children, the assistance of civil
society organizations has been
instrumental indocumenting and
investigating cases. Some of
the organization who work in
this area are the Survivors'
Foundation and Casa Alianza.
Others include the Office of the
Defender of Human Rights and
the Human Rights Office of the
Archbishopric.
The Section for Protection of Children
and Adolescents of the National Civil
Police is investigating reports of child
sales and purchases. The police is
doing a better job and getting better
results, despite its limited human
resources, equipment and vehicles for
its investigators.
61
adoptions in guatemala - protection or business?
This contrasts with the performance of
the Ministry of Justice and the Office
of the Solicitor General of the Nation,
which only recently started to act and
seem to be reacting to the situation
rather than showing institutional
interest in performing their functions of
clarifying the purchase and sale of
children in the country. Some of the
steps taken are as follows: the Office
of the Prosecution for Children asked
for the indictment of two notaries
captured during a raid of the Casa
Hogar Quivira Creche for the crime of
trafficking in persons. The Office of
the Solicitor General of the Nation
indicted a judge for having authorized
the international adoption of ten girls
and boys who were in a crèche that
was not licensed by the Social Welfare
Secretariat. It can be said that State
institutions generally do not work
systematically or in coordination in
solving child sale cases
62
Chapter 3
Conclusions
Conclusions
3.1 On Adoption
The
need for Guatemalan girls and boys
for adoption purposes responds to the growing
demand by United States families. Guatemala
must respond by respecting the legal framework
to protect and guarantee the human rights of
girls and boys given up for adoption.
Adoption procedures are illegal because they are
still carried out under the 1977 Law Regulating
Notarial Processing of Matters falling under
Voluntary Jurisdiction, which should have been
repealed under the principle of supremacy when the
Law on Integral Protection of Children and
Adolescents (LPINA) entered into effect in 2003.
Although Guatemala has the LPINA law and has
ratified every international instrument on the matter,
including the 1989 Convention on the Rights of the
Child and recently adhered the Convention on
Protection and Cooperation In the Matter of
International Adoption in 2007, the procedure is still
illegal because any notary may process an adoption
personally and the adoption only requires approval
by the Office of the Solicitor General of the Nation,
without the intervention of a competent judge. This
illegality is possible because the State does not
fulfill its obligation to guarantee a legal adoption
based on the child's best interests.
Implementation of the Law Regulating
Notarial Processing of Matters falling
under Voluntary Jurisdiction (Decree
number 54-77), which amended the
procedure for processing and
legalizing adoptions and allows a
lawyer or notary public to carry out the
process has given rise to multiple
violations of the rights and guarantees
for girls and boys who are given up for
adoption, since there is no effective
control of the adoption procedures by
the competent authorities or follow-up
of the girls and boys who have been
given up for adoption.
The action taken by the Court of
Constitutionality of Guatemala in
2003, when it declared the decree of
accession to the Convention on
Protection and Coooperation in the
Matter of International Adoption
Illegal made it possible for notaries to
continue processing adoptions with
little or no State participation and
involvement.
63
adoptions in guatemala - protection or business?
undue benefits for those involved; and six, a legal
adoption process for these girls and boys is not
guaranteed, since the competent authorities cannot
Statistics show that adoptions
increased 1.8 times in 2004 since
then. The recent ratification of the
Convention in 2007 shows that the
State of Guatemala is interested in
regulating adoptions. It should be
noted, however, that the State has the
necessary legal instruments to repeal
the Law Regulating Notarial
Processing of Matters Falling Under
Voluntary Jurisdiction and thus protect
girls and boys who are given up for
adoption.
Generally speaking, the country is in
violation of the Rights of the Child with
respect to girls and boys who are
given up for adoption for the following
reasons: one, adoptions are being
authorized without following the
established legal procedure, since the
Law on Integral Protection of Children
and Adolescents (LPINA) is not being
observed; two, in most instances
children are given up for adoption
without the full knowledge and
consent of their birth mothers, fathers
or families, who do not receive the
necessary counseling or are deceived
or coerced into surrendering the
children; three, the State is not doing
anything to ensure that the girls and
boys can grow and develop in their
country of origin; four, there are no
agreements between Guatemala and
the United States of America (where
97% of the adoptions take place) to
ensure that children who are given up
for adoption enjoy the same rights as
other nationals of that country; five,
international adoptions are producing
64
Ascertain the origin of these children or the
circumstances in which they were conceived and
given up for adoption. Guatemala also violates
article 36 of the Convention, which refers to "all the
national, bilateral and multilateral steps that are
necessary to prevent the kidnapping, sale of or
trafficking in children for any purpose and in any
manner".
3.2 On adoptions and
adoption rings
Adoptions increased during the first few years of the
internal armed conflict during the 80s, when many
orphaned, lost or abandoned girls and boys were
adopted. During that period it was necessary to find
appropriate solutions for children in that situation,
but with time adoptions became a profitable
business and a market for girls and boys was
generated. In 2003, the National Commission for
the Search of Missing Children had documented
1,084 cases of unprotected children. Of these, 500,
or 46%, were babies under age one who had been
kidnapped and given up for adoption.
Based on statistics provided by the Office of the
Solicitor General of the Nation, adoptions increased
considerably from 1996 to 2006. Adoptions
increased 6.7 times during that period. From 731 in
1996 they rose to 4,918 in 2006, or an increasse of
4,187. They decreased by 35% in 2003 but
increased 1.8 times in 2004.
The Office of the Solicitor General of the Nation
authorized the largest number of adoptions between
2004 and 2007 (including projections for 2007), with
68% of the 27,140 cases in 11 years. This
percentage is equivalent to 18,376 adoptions, with
an annual average of 4,594, a monthly average of
383 and a daily average of 13 girls and boys. The
increase in 2004 was due to the decision of the
Court of Constitutionality to declare the process of
accession by Guatemala to the Hague Convention
unconstitutional. The authorities of the Office of the
Solicitor General of the Nation changed that year as
well, which could have also played a role if there is
a willingness and desire to connive in the
authorization of adoptions without a systematic
investigation in each case
The increase in the number of adoptions coincides
with the increase in the demand for adoptions on
the part of United States families, which are the
main receivers of Guatemalan girls and boys. In
1997, 66% of all adoptions were carried out by
American families. This figure increased 5.7 times
by 2006, when 4,757 children, or 97% of the total
number of girls and boys given up for adoption in
Guatemala, went to United States families. From
1997 to 2006, the number of visas granted by the
United States Consulate to Guatemalan girls and
boys adopted by American families increased 5.2
times: from 788 visas granted in 1997 the figure
went up to 4,918 in 2006. If the period 1996-2006 is
used for this comparison, the number increased 9.7
times.
It was also determined that more adoptions were
approved by the Office of the Solicitor General of
the Nation for adoption by United States families
than the number of visas reported by the United
States Consulate to girls and boys who had been
adopted. From 1997 to 2006, a total of 23,045
adoptions of girls and boys had been recorded, but
only 21,815 visas were granted, or a difference of
1,230. There can be several reasons for this
discrepancy: one, the difference between the year
when the adoption was approved and the year
when the visa was granted; two, some United
States families who have adopted children reside
in Guatemala and therefore do not apply for
citizenship for the child; and three, children whose
adoption was approved by the Office of the Solicitor
General but who were not accepted by the family
once it meets them and therefore the visa is not
processed. There is no information on whether the
children for whom a visa was not requested were
ultimately adopted or the fate of these children.
This study also included 1,083 notarial
adoption notices that were received by
the Office of the Solicitor General of
the Nation between May 2 and August
12, 2007. This analysis showed that:
·
53% of the files were for girls and
46.9% for boys. 0.1% did not
provide this information.
Most prospective adoptive parents
are interested in newborns and
young babies, which are 931
babies, or 86% of the cases. 523
babies, or 48% of these, are
between 0 days and 6 months old.
This means that babies are being
offered before birth, considering
that adoption formalities take nine
months, as reported by the
Department of State of the United
States of America. Although the
Hague Convention will enter into
effect on December 31, 2007 in
Guatemala and has not been
ratified by the United States, its
article 4 stipulates that the mother
cannot consent to the adoption
prior to the baby's birth. Its
implementation would help correct
this anomaly.
·
65