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