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adoptions in guatemala - protection or business?

Missing adolescents aged 11 - 17

Dado en valores absolutos

600GRAPH 11

528

500

400

300 252

200

100

0January - 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.

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.


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 Place

1 The criminals talk to the parents about sponsoring San Luis, Petén30

The child and giving it support. They ask the Parents to sign a document. The document statesThat the child is being given up for adoption. ThePaper is usually used with people who have little Education, are illiterate or only speak their native

Language other than Spanish.

2 The criminal pretends that he is an evangelical Coatepeque,Missionary who is visiting the community for several QuetzaltenangoWeeks to gain the trust of the people. They identifyA number of cailies and then they talk to the Livingston,Mother or father of the child to offer assistance so Izabal31

The child can be trained as a missionary in the United States. They also offer them money to help Them cover their expenses.

3 The criminal watches elementary and high schools. Rabinal, BajaSeveral people usually work together. They seize VerapazA boy or girl as they enter or leave school, wheh The children are gathered at the entrance to the Pacay, SantaSchool. They get away in a vehicle. Apolonia,

Chimaltenango32

La Unión,

Zacapa33

4 The criminals watch the movements of the mother Ciudad deWith the baby. They follow her to her work, which Guatemala34

Is usually a place where tortillas are made, a storeOr a greengrocery. They use force, death threats In this case the And firearms to take away the baby. They get away Child was rescuedIn a vehicle. Usually two women or two men act By the police.Together. The Survivors

FoundationHas become a Sobrevivientes seCo-plaintiff in thisCase in the Prosecution against the Defendants.

5 Two women go to the place where the mother works Guatemala And always takes the baby with her. It is usually Cty35

A business run by one or two persons. After the Women inspect the place, two men arrive and The Survivors Stage a rape or an assault. They take the baby Foundation is a And lock the mother up. Co-plaintiff.

6 A woman goes to the mother’s home, where the Guatemala City36

Grandmother is caring for the baby. The motherIs 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 firearmsAnd 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 Ibid.

No. Modus operandi Place

8 The criminals usually kidnap the mother and the Cobán, AltaBaby and even whoever is with the mother, usually Verapaz40

The grandmother. They put them in a vehicle, Take the baby and then leave the mother and theGrandmother on the side of the road.

9 The criminal, who may be known to the victim, , Camotán,Accosts the child, who is 8 or older. The victim Chiquimula41

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 orGirl, that he hor she is being sold for commercial

Sexual exploitation or for child pornography.

10 Men take the baby from the mother’s arms by force Mixco,When she is waiting for the bus. Guatemala42

11 The criminal offers a young man or woman a large Santa MaríaSum of money in exchange for kidnapping a child. Cunén, Quiché43

The young man or woman kidnaps the child at A fair, dance or school. They sometimes use Ocós, SanNarcotics or drugs to tranquilize the child. Marcos44

12 Women or men contact young pregnant Indigenous San PedroWomen in the interior. They offer them jobs in Carchá, AltaGuatemala City. Once in the city, they take the Verapaz45

Baby by deceiving the mother. They abandon theMother or let her return to her community.

13 Something similar happened to an indigenous The baby’s Mother of five who was pregnant with a sixth mother comes Child. She came to Guatemala city to work at a From Tortilla factory. After the birth, the owner of the Quiché and thisTortilla factory charged for her for her upkeep Happened in During the pregnancy and for medical expenses. Guatemala la Since the mother has no money to pay with, she is City 46

Asked to give up the baby instead. The mother Refuses to give he up. She called the Office of theSolicitor General to reprt the abuse and threft ofThe baby. The case was reported because a judgeFound a shelter for the baby’s mother, who was Destitute, far from her home, and did not speak

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. National Civil Police and Survivors' Foundation.

37 The woman was admitted to San Juan de Dios Hospital with two bullet wounds. October 22, 2007. National Civil Police.


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.

2.1.4 Places where the crimes are committed

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.

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.

15 In certain cases they bring the woman and the The mother and Baby, and another son or daughter of the same The children areWoman, to Guatemala City and promise to get From AltaHer a job as a domestic servant. Once in Verapaz and this Guatemala City, they take the mother and the Took place in Children out for breakfast, they give them food and Guatemala City48

Offer them 8,000 quetzals for signing papers and Giving up the baby. Most women are unaware ofThe contents of the papers because they are illiterate. They are also offered “pills for their nerves”. The kidnapper came to the village dressedIn 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 isInjected 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

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 toWork 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

Baby.

18 The notary public is waiting outside the hospital GuatemalaCity

And approaches a woman whose baby has aHealth problem. She offers financial assistance toCare for the baby and places her in contact with an Both cases were Attorney who makes her sign blank pages that will Reported to the Allegedly be used to admit the baby to the hospital. First Children’s She takes her to a laboratory for a blood sample. And Adolescents’ The mother agrees, not knowing that the blood Court of the Sample will be used for ADN analysis, whis is a Metropolitan Requirement for adoption of the child. A midwife Prosecution and Certifies the baby’s birth. When the mother asks Prosecuted by To see the baby, the notary informs her that she the Legal SupportNo longer has custody of the baby, because she Program of Signed paper to give her up for adoption. Casa Alianza

Guatemala. TheJudge who judged

19 The same notary accosts an underage mother who This case resolved Went to the family court to sue the father for That the children Child support. Feeling powerless, she starts crying. Should be handed

The notary gives her 2 quetzals to buy a disposabeOver to their mothers.

Diaper. When she returns, the notary gives her a Soft drink that makes her drowsy, so the notary The underage Offers to take her home. The young mother wakes mother and the Up the next day and the notary tells her that the Baby were taken Baby is sick and was taken to a hospital. The same To the Young Day she goes to the Register of Vital Statistics of Mothers’ The Municipality of Guatemala and gets a birth Community of Certificate, to a laboratory for the blood sample and 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 Interview with Norma Cruz, Survivors' Foundation (09/2007), Guatemala 39 Cases documented by the Survivors' Foundation. Interview (09/2007), Guatemala.40 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. Office of the Defense of Indigenous women (DEMI).

46 Quiché and Guatemala City, August 2007. Survivors' Foundation. 47 Survivors' Foundation.

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

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

150146

100

50

0January 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

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 valuesTABLE 12

Department January to December 2006 January to June 2007

Country total 377 146Guatemala 54 52Suchitepéquez 15 6Retalhuleu 2 0San Marcos 26 5Huehuetenango 5 4Quiché 14 2Baja Verapaz 2 1Alta Verapaz 15 5Petén 12 2Izabal 2 3Zacapa 1 3Sacatepéquez 8 4Chiquimula 6 2Jalapa 6 5Jutiapa 23 7Chimaltenango 11 8El Progreso 51 8Escuintla 46 8Santa Rosa 21 1Sololá 8 3Totonicapán 8 2Quetzaltenango 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 co-plaintiff 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.


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.

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).

2.2.2 Perpetrators of child trafficking

There are seven types of perpetrators of the purchase and sale of children:

· * "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 and families that "sell children".

· * 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.

2.2.3 Modus operandi

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. Modus operandi Documented by:1 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.

Survivors' Foundation

2 The birth mother sells the child. Central American News Digest

3 "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:

ILPEC/UNICEFSurvivors' Foundation; Office of the Defender of Human Rights

4. 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.

Office of the Defender of Human Rights

5 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.


6 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.

ILPEC / UNICEF

7 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.

Office for the Defense of Indigenous Women (DEMI)

8 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.

"Blind spots" are border crossings that are not watched by the authorities of either country.

National Civil Police

Continues...

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.

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.

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.


· 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-to-be to receive information on adoptions.

· 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.

No. Modus operandi Documented by9 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.

Office of the Defender of Human Rights;ILPEC/UNICEF

10 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.

National Civil Police; Survivors' Foundation

11 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".

National Civil Police

12 Babies, girls and boys are offered on the internet to be given up for international adoption.


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.


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

Chapter 3

ConclusionsConclusions

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 AdoptionIllegal made it possible for notaries to continue processing adoptions with little or no State participation and involvement.

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 undue benefits for those involved; and six, a legal adoption process for these girls and boys is not guaranteed, since the competent authorities cannot

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.

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