…starting with convention on adoption

Guyana will implement the Convention on protection of children and co-operation in respect of inter-country adoption with effect from June 1, 2019, Attorney General and Legal Affairs Minister, Basil Williams announced on Wednesday.

He made the announcement shortly after exiting a meeting with the U.S Embassy Consul General, Jerome Epping and Deputy British High Commissioner to Guyana, Ray Davidson. The Attorney General said the implementation of the convention on adoption represents the first of a series that will be implemented under the Hague Family Law Conventions.

The Hague Family Law Conventions, in which Guyana now assent to, include the convention on protection of children and co-operation in respect of inter-country adoption, Convention on the International Recovery of Child Support and other forms of Family Maintenance, Convention on the Civil Aspects of International Child Abduction and Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children.

Minister Williams said not that Guyana has ratified the conventions, its main focus in on implementation. According to him, most of the conventions will become effective within a month starting with the convention on adoption of children.

The Hague Adoption Convention addresses issues relating to international adoption, child laundering, and child trafficking in an effort to protect those involved from the corruption, abuses, and exploitation which sometimes accompanies international adoption.
The Attorney General said the meeting with the U.S and UK diplomats focused primarily on The Hague Adoption Convention.

“Both American Embassy and the British High Commission engaged us today in relation to just one of the conventions – the adoption and the procedures that would attend (to) international adoption,” Minister Williams explained. He said there is much Guyana could learn from the U.S and UK, explaining that they have well established systems under The Hague Adoption Conventions.

Implementation of the adoption convention, and all other conventions, he said will be a work in progress, noting that the judiciary will be consulted with during the course of implementation.

Both the U.S Consul General and Deputy British High Commissioner described the meeting with the Attorney General as productive, and used the opportunity to applaud Guyana on moving ahead with implementation of the conventions.

“It is a great step forward. We found it extremely beneficial in the UK, and my American colleagues have as well. So we are very much looking forward to working together with Guyana to help with child abduction cases, child adoption cases,” Davidson told reporters.
Earlier in the month, the Attorney General indicated that Guyana with support from the United Children’s Fund (UNICEF) is putting measures in place for implementation of the conventions.

The Attorney General’s Chambers, Ministry of Legal Affairs and the Ministry of Foreign Affairs is leading in several multi-stakeholder exercises and consultations to raise awareness among stakeholders. In 2016, two members of the Judiciary, namely the Chief Justice and the Chancellor of the Judiciary, were appointed by the Attorney General and Minister of Legal Affairs, Basil Williams, SC, MP as part of the Hague Network of Judges and this will greatly help in direct judicial communication.

The Attorney General Chambers said Guyana’s accession to conventions comes after the country hosted the regional meeting on “International Family Law, Legal Co-operation and Commerce: promoting human rights and cross-border trade in the Caribbean through the Hague Conference Conventions” held in Georgetown in July 2016. Consultations with civil society, professional groups including the Guyana Bar Association, Guyana Association of Women Lawyers, the Private Sector Commission, the University of Guyana, the Hague Convention on Private International Law (HCCH) and UNICEF were also held here September 2017.

During the conference President David Granger had said Guyana’s hosting of the conference was a demonstration of its commitment to examine ways in which its domestic and international human rights architecture, especially on the issues of international family law, legal cooperation and commerce, can be strengthened.

He said the foundation has been laid for a solid, legal architecture of child protection but the country, he said, must commit to improving existing legislation and similarly commit to fostering an enabling environment for commerce and trade in keeping with the promise of a “good life for all Guyanese.”

President Granger pointed out back then that here in Guyana a number of important laws relating to the protection of children have been instituted including: Status of Children Act; Child Protection Act; Adoption of Children Act; Sexual Offences Act; and Custody, Contact, Guardianship and Maintenance Act. “Guyana’s legal architecture – relating to the protection of children and to issues of family law – is far from finished. We expect that the deliberations of this conference will assist us in improving our systems – both legal and administrative – for the protection of our children,” he posited.