Guatemala Adoption Blog

01/03/07

Do Promised Guatemala Reforms Help/Hurt Adoptions?

Posted by : The Moose in Guatemala Adoption Blog at 10:55 am , 976 words, 300 views  
Categories: Guatemala
Oscar Berger Courtesy of newsimg.bbc.co.ukHeadlines from Guatemala to Raleigh, Chicago, LA, and everywhere in between are beginning to talk of reforms that are supposedly going to be heading to congress in Guatemala this year. President Oscar Berger stated after Christmas that he would revive the reforms that were supposed to be in place as a result of the 1996 peace accords. If these reforms are carried out with the intent that they were written, it will give the Mayan population a great boost and legitimacy in the eyes of the government for the first time since the Spanish Conquistadors arrived over 4 centuries ago. Will this affect you? Yes I believe it will...

What I have been reading-


Oscar Berger commemorated the anniversary of the peace accords with a discussion on the reforms that were agreed to but never implemented. He talked of how many advances have been made in Latin America and specifically Guatemala but how poverty continues to increase. He acknowledge the great chasm between the people of Guatemala from the poorest of poor to the wealthy. It is his intention to see a more united Guatemala. He made a vow to send forth these reforms as legislation for congress to pass this year. From what I read, these are some of the changes Guatemala will see.

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- Mayan languages (very numerous) would be recognized as official Guatemalan Languages

- The justice system would be reformed to be stronger and more in order

- The creation of a civil defense minister

- The army would no longer have a role in policing the Guatemalan people.

Quetzaltenango (C) 2005 Cody L MummauThese and many other reforms that will be coming to congress have been there before. As I said, they were drafted in the peace accords in 1996. When they finally came up to be approved, lawmakers had combined many other unacceptable changes to these measures and they were ultimately rejected. Therefore, the very conditions for ceasefire have yet to be implemented. President Berger admitted that in order to maintain peace and ease the tension that continues to build, now is the time to act.

What This Means-

I am not what I would consider an expert of Guatemala or politics much less Guatemalan politics. I am an interested observer and one who cares deeply about the future of this amazing country. I also care how this affects those of you who are or are considering adopting in Guatemala. Here are some thoughts I have about the decision of Oscar Berger to put forth the reforms to congress. It's about time

This process is likely to turn Guatemala on its ear for a while if it is truly adopted. If you truly think about what it would take to reform a justice system alone it would be a huge thing! However, for the long term stability of this country it is necessary. On top of that, the development of civil defense and the continued restructuring of the military will be difficult but necessary.

The recognition of Mayan language and culture by the government is no small thing either. For over 400 years the Mayans have suffered and much of that time they have suffered brutally. As late as the early 20th century, the Mayan people were suffering brutal slavery at the hands of their countrymen. The reason most of the people live in such remote regions and are suffering such great poverty is a direct result of their recent ancestors fleeing to these places to escape one harsh life for another.

These are definitely words for the mouth of a politician at the beginning of a political season. However, the weight of his words are so charged that if they go unfulfilled, it could be devastating to the little stability left in the government.

What does this mean for the adoption community and Hague Implementation - We definitely know that the First Lady has had her eye on the adoption community for some time. I don't think that this issue will be forgotten. However, unless it is somehow worked into these reforms or the US, UN, Or other loud voice forces the issue, I don't see the Hague taking precedence over these reforms. While it may come down the road, I believe that any idea of working to implement the necessary adoption reforms would actually be counter to Berger's idea of developing a more unified Guatemala.

I hope I am wrong on this as I continue to hope and wait to see adoption reforms begin.

Ultimately, the reforms that Berger is putting forth should begin the process of developing a better and more peaceful Guatemala. More and more resources should be made available to the poor. Hopefully, for the children's sake, families will be able to remain together and the country will move in a good direction.

When might we see these reforms begin to take place -
President Berger is intending to send these reforms to congress by January 13th. Those of you who have been through the PGN have only had a taste of the pain that is the Guatemala legislation. However, I would imagine that congress would see this as important in sending a message that reforms were coming. Therefore, some of the less difficult measures could be done by summer. Keep your fingers crossed.

A Final Reminder...
Remember not to panic about anything you read or hear (especially if I wrote it ;-) Always maintain contact with your agency, read from numerous sources, and weigh everything according to its source. Ultimately, if you are already in the process now, you should be fine. If you are beginning now, you need to get on the ball and get all the stuff done that you have control over. Just relax and do what you can. Keep your eye out as history is written! Remember...We need to want what is best for the people of Guatemala!

Comments, Pingbacks:

Comment from: karenms1 [Member] Email
I find the premise of this piece to be interesting. The Peace Accords, agreed upon in 1996, were set forth to establish a civil society in which ALL the people of Guatemala are guaranteed human rights. These rights, such as participation in democracy, are crucial in the development of a society that values and honors children and their families. Many US readers take these rights for granted because, at our point in history, these rights come relatively easy to us (in fact, many of us don't even exercise our right to vote, etc.). However, remember that the indigenous people of Guatemala have suffered unbearable pain--the many atrocities of genocide--and a free and democratic society is not yet realized in post-conflict Guatemala. It is one of the most dangerous countries in this hemisphere. Even in a post-conflict environment, there is much to fear in Guatemala. Right now, there alarming homicides of Guatemalan women taking place--many of which have ritualistic characteristics. Also, currently rape is a legal act if the rapist states that he intends to marry the victim (yes, that's a fact). This example is indicative of the fact that peace reforms MUST move forward to begin to amend the system and guarantee human rights--guaranteeing liberties. That said, how does this extend to intercountry child adoption? Well, peace includes "rights"--including the right to be with your family, tribal group, and community. Right now, the notarial adoption process has been abused and child and birth mother rights have been abused--this is a documented fact. For example, there are known instances of sex workers being forcibly housed in midwive's homes until delivery of the child at which time, upon "relinquishment", the mother is thrown back out on the street. And, anyone who thinks that the lawyers/notaries are not paying birth mothers for their signatures are ignoring an obvious reality in this "dollar a day" country. The Hague Convention is an important step in curtailing unethical adoption processes to avoid the sale and trafficking of children--who an be against that? Because Guatemala is motivated to continue intercountry adoption, the country will find a way to conform to the Hague. It will take time to build a coherent system (an oversight central authority) and there will be growing pains. However, if Guatemala does not conform to the Hague, the US will not recognize the adoptions and our embassy will cease to issue visas. That is the reality of the Hague, signatory countries can not engage with incompliant countries. As the US moves towards full implementation of the Hague in 2007, eventually the flow of infants will cease until Guatemala becomes Hague-compliant. That being the case, it is time to assist Guatemala with Hague compliance--assist with technical advice, provide international development aid to build a coherent child welfare system, and other assistance needs that will inevitably arise in development. Will the peace accord implementation--a more civil society--hamper adoptions? The current notary system maybe, but that is not really the issue. The system must change in order to respond to the Hague and continue to find permanent home for children--in Guatemala and elsewhere. In good conscience, putting aside personal needs (desire to adopt an infant), we must all applaud Guatemala's effort to improve the conditions of its people, especially their most vulnerable--the children.
PermalinkPermalink 02/22/07 @ 17:15
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