Friday, September 28, 2018

China's Noncompliance - International Child Abduction - U.S. July 2018 Action Report

Country Summary: 

China does not adhere to any protocols with respect to international parental child abduction. In 2017, China demonstrated a pattern of noncompliance. Specifically, the competent authorities in China persistently failed to work with the Department to resolve abduction cases. As a result of this failure, 75 percent (three cases involving three children) of requests for the return of abducted children remained unresolved for more than 12 months. On average, these cases were unresolved for two years.

Report of Actions Taken:

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In August 2017, senior officials from U.S. Embassy Beijing raised abduction issues with counterparts from China’s Ministry of Foreign Affairs.

In October 2017, the Assistant Secretary for Consular Affairs met with China’s Ministry of Foreign Affairs Director General as part of the 2017 U.S.-China Consular Dialogue, where he urged China to join the Convention.

In December 2017, an official from the Office of Children’s Issues spoke with an official from China’s Ministry of Justice at the Hague Seminar in Tokyo regarding the Convention. An official from U.S. Embassy Beijing met with the Ministry of Justice official again in March 2018 to discuss China’s concerns about the Convention.

In April 2018, a U.S. Embassy Beijing senior official highlighted the importance of the Annual Report with his counterpart at the Ministry of Foreign Affairs. In May 2018, a U.S. Embassy Beijing senior official met with representatives from China’s Ministry of Foreign Affairs ahead of the 2018 U.S.-China Consular Dialogue, where he conveyed that China had been cited in the 2018 Annual Report.

Upon release of the 2018 Annual Report, during the U.S.-China Consular Dialogue, the Assistant Secretary for Consular Affairs delivered a demarche to the Chinese government noting that the Department had cited China in the 2018 Annual Report as demonstrating a pattern of noncompliance and requesting that the Chinese government engage in dialogue with the Department on the Convention.

Thursday, September 27, 2018

Brazil's Noncompliance - Inernational Child Abduction - U.S. July 2018 Action Report


                                                                                               

Country Summary:  


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The Convention has been in force between the United States and Brazil since 2003. In 2017, Brazil demonstrated a pattern of noncompliance. Specifically, Brazil’s judicial branch regularly failed to implement and comply with the provisions of the Convention. As a result of this failure, 35 percent (seven cases involving eight children) of requests for the return of abducted children under the Convention remained unresolved for more than 12 months. On average, these cases were unresolved for five years and 11 months. Brazil has been cited as noncompliant since 2006.

Report of Actions Taken:

Throughout the year, officials at the highest levels of the Department engaged with the Government of Brazil on the issue of international parental child abduction. The U.S. Ambassador to Brazil, Assistant Secretary for Consular Affairs, Minister Counselor for Consular Affairs, and the Special Advisor for Children’s Issues pressed Brazil to assist with resolving abduction cases and to address the ongoing issue of judicial delays.


In June 2017, Department officials traveled to Brazil and met with senior officials from the Ministry of Foreign Relations (MRE) and Ministry of Justice (MOJ) to discuss Brazil’s noncompliance with the Convention. The MOJ Secretary acknowledged U.S. concerns over the long-standing IPCA cases and officials at MRE and MOJ both supported hosting a judicial symposium on IPCA.

In July 2017, Department officials met with the Brazilian Ambassador to analyze progress on bilateral agenda items including IPCA.

In August 2017, senior officials from U.S. Embassy Brasilia met with the Brazilian Central Authority (BCA) and a Brazilian Hague Network Judge to discuss pervasive compliance issues and to support judicial symposium initiatives.

In November and December 2017, Brazilian IPCA stakeholders, including officials from the BCA, the MRE, the Association of Federal Judges, and a Hague Network Judge, held two Convention-specific judicial symposia. The Office of Children’s Issues and U.S. Embassy Brasilia attended the symposia and sponsored the participation of three Convention experts: two U.S. Hague Network Judges, and a representative from the Hague Conference on Private International Law.

In January 2018, the Assistant Secretary for Consular Affairs traveled to Brazil to participate in the Annual Bilateral Consular Dialogue. The dialogue addressed the detrimental effects judicial delays have on Convention cases and the steps the Brazilians are taking to improve compliance, including judicial outreach and consolidation of jurisdictions in the judiciary.

In March 2018, senior officials from U.S. Embassy Brasilia met with a senior Minister of the Brazilian National Council of Justice to discuss judicial delays and possible procedural reforms that could prioritize and streamline Convention case processing in the judiciary.

In April 2018, the Special Advisor for the Office of Children’s Issues traveled to Brazil to discuss IPCA and Brazil’s efforts to comply with the Convention. The Special Advisor met with senior Brazilian judicial and executive branch officials who discussed enacting procedural guidelines to expedite and prioritize Convention cases in the judiciary.

Upon release of the 2018 Annual Report, U.S. Embassy Brasilia delivered a demarche to the Brazilian government noting that the Department had cited Brazil in the 2018 Annual Report as demonstrating patterns of noncompliance and once again requested Brazil’s assistance with resolving longstanding cases.




Wednesday, September 26, 2018

Bahama's Noncompliance - International Child Abduction - U.S. July 2018 Action Report

Country Summary:                                                                                               

Image result for bahamas flagThe Convention has been in force between the United States and The Bahamas since 1994. The Department cited The Bahamas for demonstrating a pattern of noncompliance in the 2018 Annual Report. Specifically, the Bahamian Central Authority regularly failed to fulfill its responsibilities pursuant to the Convention, and the Bahamian judicial branch regularly failed to implement and comply with the provisions of the Convention. As a result, 50 percent (two cases involving two children) of requests for the return of abducted children under the Convention remained unresolved for more than 12 months. On average, these cases were unresolved for seven years and two months. The Department has cited The Bahamas as noncompliant since 2011.

 Report of Actions Taken:

In June 2018, U.S. Embassy Nassau officially notified The Bahamas in a demarche that the Department cited The Bahamas for demonstrating a pattern of noncompliance in the 2018 Annual Report. Senior U.S. Embassy Nassau officials reiterated U.S. concerns directly with senior officials at the Bahamian Ministry of Foreign Affairs and the Bahamian Central Authority. They also emphasized that The Bahamas needs to comply with its obligations under the Convention.

In June 2018, representatives from the Department met with the Ministry of Foreign Affairs and the Bahamian Central Authority in an effort to improve coordination between our offices. The Department discussed the importance of improving communication, best practices in implementing the Convention, and how both countries fulfill their obligations under the Convention.

Tuesday, September 25, 2018

Argentina's Noncompliance - International Child Abduction - U.S. July 2018 Action Report

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Country Summary:  
                                                           
The Convention has been in force between the United States and Argentina since 1991. In 2017, Argentina demonstrated a pattern of noncompliance. Specifically, Argentina’s judicial branch regularly failed to implement and compl
y with the provisions
of the Convention. As a result of this failure, 40 percent (two cases involving two children) of requests for the return of abducted children under the Convention remained unresolved for more than 12 months. On average, these cases were unresolved for five years and five months. Argentina has been cited as noncompliant since 2014.

Report of Actions Taken:

Department of State officials raised continuing U.S. concerns about the Argentine judiciary’s failure to meet its Convention obligations in public and private fora. In August 2017, during an official visit to Argentina, the Department formally raised U.S. concerns about Argentina’s performance with senior Argentine officials, citing the high percentage of unresolved Convention abduction cases. In the same visit, a Department official met with a representative from the Hague Conference on Private International Law to convey the Department’s support for a mechanism to expedite judicial resolution of Convention cases, such as the proposed national procedural law.

In September 2017, Department officials met in Argentina with officials from the Argentine Supreme Court and child welfare advocates. These officials participated in a Convention-focused International Visitor Leadership Program in the United States earlier in 2017. The participants demonstrated increased understanding of the U.S. justice system as it relates to international parental child abduction and the safe return of children to the United States.

In December 2017, the U.S. embassy provided a forum for the International Visitor Leadership Program participants to share with the Argentine Central Authority what they learned about U.S. Convention implementation. The participants made recommendations and suggestions to the Central Authority for improved implementation of the Convention in Argentina.

In a February 2018 digital video conference, senior U.S. Central Authority officials met with Argentine Ministry of Foreign Affairs officials and the newly installed Argentine Central Authority Director to address the Department’s concern for resolving longstanding Convention cases. This meeting strengthened central authority cooperation.

In May 2018, the Consul General of the U.S. embassy met with the Hague Conference on Private International Law and the Argentine Central Authority to discuss procedural reforms for improving Argentine compliance. In a digital video conference that month, the Department pressed senior Argentine officials on the status of the draft procedural law that seeks to expedite judicial resolution of Convention cases. The Department commended Argentina for the increased adoption, among Argentine courts, of voluntary judicial procedural guidelines for 4 Argentina.

In June 2018, the Consul General of the U.S. Embassy in Buenos Aires met with the Argentine Hague Network Judge to discuss a joint effort to provide trainings to the Argentine judiciary on the expeditious processing of Convention cases. In the same month, the Consul General delivered a demarche to the Argentine Ministry of Foreign Affairs, notifying the Argentine authorities that the Department cited Argentina in the 2018 Annual Report for demonstrating a pattern of noncompliance during 2017. Following the demarche, the U.S. embassy undertook a related media campaign, conducting an interview with a local media outlet and publishing a series of social media posts to raise awareness among the public of Argentina’s noncompliance.