A/HRC/34/55
83.
Individual adoptions and adoption systems must be investigated as soon as there are
indications of illicit practices. In 2014, the General Prosecutor’s Office of Kazakhstan
conducted an investigation into the possible sale of children for intercountry adoption after
having detected inaccuracies in data on children adopted abroad, which led to court rulings
on intercountry adoptions being reviewed and reversed. 80 However, investigations and
prosecutions in receiving countries against their own nationals for having arranged illegal
intercountry adoptions are rare.
84.
Guatemala presents one of the few examples of investigation and prosecution efforts
having been made with the aim of dismantling criminal structures. In 2011, with the
support of the United Nations-backed International Commission against Impunity in
Guatemala, the Public Prosecutor’s Office proved the existence of a criminal structure
involved in trafficking in children for the purpose of illegal intercountry adoptions operated
by owners of residential facilities with the complicity of lawyers, registrars and judges. 81
Despite the convictions, the case illustrated the difficulties in balancing the conflicting
needs and desires of those involved in adoptions (adoptees, adoptive parents and biological
parents) and the interests of justice. 82
85.
In all cases of systemic illegal adoptions, States must ensure redress for victims
through remedies that include reparation for victims and support to adoptees in their search
for their origins. The experiences of adoptees trying to establish the truth behind their
“abandonment” and illegal adoption are telling, as are the obstacles they encounter and the
good practices of competent authorities. 83 Gradually, efforts are being made to facilitate the
search process. For example, an adoption manual has been developed by the adoption
service and the Ministry of Health and Welfare of the Republic of Korea, containing
information on the steps to be taken searching one’s birth family. The search for truth and
origins is one of the main issues addressed by associations of intercountry adoptees. 84 Such
initiatives are still rare, however.
4.
Illegal adoptions and transitional justice
86.
Various countries emerging from conflict or an authoritarian regime have been
confronted with allegations of systematic illegal adoptions as part of past large-scale
abuses. Few countries have responded to victims’ calls for truth, justice, reparation and
guarantees of non-recurrence, however, and none have done so in a comprehensive
manner. 85 Argentina has pioneered such responses, in particular in relation to enforced
disappearances, through truth-seeking and accountability. 86 Genetic tracing and the
establishment of a national genetic database have played a key role in identifying
80
81
82
83
84
85
86
See http://prokuror.gov.kz/rus/novosti/press-releasy/vystuplenie-generalnogo-prokurora-ashatadaulbaeva-na-zasedanii-kollegii and information elicited through a questionnaire.
See www.cicig.org/index.php?page=01080-2009-00470.
See www.iss-ssi.org/images/News/Illegal_Adoption_ISS_Professional_Handbook.pdf.
Ibid.
See https://justicespeaking.wordpress.com.
The Special Rapporteur on the promotion of truth, justice, reparation and guarantees of nonrecurrence has underscored the importance of taking a comprehensive approach to addressing gross
violations of human rights and serious violations of international humanitarian law, one that combines
elements of truth-seeking, justice initiatives, reparations and guarantees of non-recurrence in a
complementary and mutually reinforcing manner (see A/HRC/21/46).
Article 25 of the International Convention for the Protection of All Persons from Enforced
Disappearance criminalizes the wrongful removal of children who are subjected to enforced
disappearance and those whose parents or guardian has been subjected to enforced disappearance, as
well as the falsification, concealment or destruction of documents attesting to the true identity of the
children.
19
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