US embassy cable - 00THEHAGUE1725

UNCLAS SECTION 01 OF 02 THE HAGUE 001725 
 
SIPDIS 
 
 
DEPARTMENT FOR CA/OCS/CL, L/PIL - KOVAR, L/CA - O'CONNER, 
EUR/AGS 
 
 
E.O. 12958: N/A 
TAGS: CASC, NL, GM, HCOPIL 
SUBJECT: LETTER TO THE SECRETARY FROM HCOPIL ON 
INTERNATIONAL CHILD ABDUCTION AND ACESS TO CHILDREN ABROAD 
 
 
1.     EMBASSY HAS RECEIVED THE LETTER THAT FOLLOWS IN 
PARAGRAPH 2 FROM HANS VAN LOON, SECRETARY GENERAL OF THE 
HAGUE CONFERENCE ON PRIVATE INTERNATIONAL LAW (HCOPIL), TO 
SECRETARY ALBRIGHT CONCERNING THE HAGUE CONVENTION ON CIVIL 
 
SIPDIS 
ASPECTS OF CHILD ABDUCTION.  VAN LOON NOTES THE RECENT 
DISCUSSIONS OF THE OPERATION OF THE TREATY BETWEEN THE U.S. 
AND GERMANY AND PROPOSES A NUMBER OF PRACTICAL STEPS THAT 
COULD BE TAKEN UNDER HCOPIL AUSPICES TO MAKE OPERATION OF THE 
TREATY MORE EFFECTIVE.  HE ALSO OFFERS TO HAVE HCOPIL HOST 
AND FACILITATE THE WORK OF THE JOINT USG - FRG EXPERTS GROUP 
REPORTEDLY PROPOSED TO ADDRESS U.S. GERMAN CHILD ABDUCTIONS 
AND ACCESS CONCERNS. 
 
 
 
 
2. //BEGIN TEXT OF VAN LOON - ALBRIGHT LETTER// 
 
 
 
 
MS. MADELEINE K. ALBRIGHT 
SECRETARY OF STATE 
 
SIPDIS 
DEPARTMENT OF STATE 
WASHINGTON, D.C. 20520 
UNITED STATES OF AMERICA 
 
 
THE HAGUE, 6 JUNE 2000 
NO 10656(00)VL/GB 
 
 
DEAR MADAM SECRETARY OF STATE: 
 
 
INTERNATIONAL CHILD ABDUCTION AND ACCESS TO CHILDREN ABROAD 
 
 
IT WAS GOOD TO HEAR THAT PRESIDENT CLINTON AND BUNDESKANZLER 
SCHRODER AT THEIR MEETING IN BERLIN ON 1 JUNE 2000 HAVE 
AGREED THAT A JOINT EXPERTS GROUP SHOULD EXAMINE WAYS TO 
IMPROVE THE OPERATION OF THE HAGUE CONVENTION OF 25 OCTOBER 
1980 ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION AS 
BETWEEN THE UNITED STATES AND THE FEDERAL REPUBLIC OF GERMANY. 
 
 
CONCERNS EXPRESSED IN THE UNITED STATES, IN PARTICULAR BY 
CONGRESS, AND ECHOED IN OTHER COUNTRIES ON THE SUBJECT OF 
INTERNATIONAL CHILD ABDUCTION AND ACCESS TO CHILDREN ABROAD 
PROMPT ME TO SUGGEST CERTAIN PRACTICAL MEASURES WHICH WILL 
HELP TO IMPROVE THE CURRENT SITUATION.  AS SECRETARY GENERAL 
OF THE HAGUE CONFERENCE, THE INTERNATIONAL ORGANISATION 
RESPONSIBLE FOR DRAWING UP THE HAGUE CHILD ABDUCTION 
CONVENTION, I FEEL STRONG RESPONSIBILITY, SHARED BY MY 
COLLEAGUES, FOR ENSURING THAT THE CONVENTION OPERATES TO ITS 
MAXIMUM EFFECT. 
 
 
IN OUR VIEW, THE CONTINUED SUCCESS OF THE CONVENTION - WHICH 
HAS BEEN GENERALLY RECOGNISED AS AN EFFECTIVE DETERRENT AND 
REMEDY - WILL DEPEND ON MORE STRENUOUS EFFORTS BY THE 
CONTRACTING STATES TO CO-OPERATE AND VIGOROUSLY IMPLEMENT THE 
CONVENTION. 
 
 
THE FOLLOWING ARE SOME OF THE PRACTICAL STEPS WHICH IN OUR 
VIEW ARE CRITICAL TO THE EFFECTIVE AND SMOOTH OPERATION OF 
THE CONVENTION; 
 
 
1.     THE DISSEMINATION OF BEST PRACTICES AND CASE LAW OF 
THE SIXTY CONTRACTING STATES; 
 
 
2.     THE COLLECTION AND PUBLICATION OF COMPARABLE DATA 
CONCERNING KEY ASPECTS OF PERFORMANCE, RELATING, FOR EXAMPLE, 
TO ENFORCEMENT AND DELAYS; 
 
 
3     TRAINING PROGRAMS, BOTH NATIONAL AND INTERNATIONAL, FOR 
JUDGES, LAW ENFORCEMENT OFFICERS AND OTHERS RESPONSIBLE FOR 
IMPLEMENTING THE CONVENTION. 
 
 
4.     REGULAR REVIEWS AT THE INTERNATIONAL LEVEL OF THE 
OPERATION OF THE CONVENTION, AT WHICH STATES PARTIES HAVE THE 
OPPORTUNITY BOTH TO HIGHLIGHT POOR PERFORMANCE AND TO SHARE 
EXAMPLES OF GOOD PRACTICE, AS WELL AS TO CONSIDER THE NEED 
FOR ADDITIONAL CONCERTED ACTION; 
 
 
5.     THE DEVELOPMENT OF TRANSNATIONAL MECHANISMS FOR 
ALTERNATIVE DISPUTE RESOLUTION, INCLUDING MEDIATION; 
 
 
6.     INCREASED FOCUS ON ACCESS RIGHTS BETWEEN CHILDREN AND 
BOTH PARENTS, THROUGH RATIFICATION OF EXISTING CONVENTIONS, 
IN PARTICULAR THE 1996 HAGUE CONVENTION ON THE INTERNATIONAL 
PROTECTION OF CHILDREN, AND THE POSSIBLE DEVELOPMENT OF A NEW 
INSTRUMENT. 
 
 
THE PERMANENT BUREAU OF THE HAGUE CONFERENCE HAS BEEN MAKING, 
WITHIN THE RESTRAINTS OF LIMITED RESOURCES, STRENUOUS EFFORTS 
OVER MANY YEARS ON ALL OF THESE FRONTS (THE ATTACHED DOCUMENT 
PROVIDES FURTHER DETAILS).  FOR EXAMPLE, WE LAUNCHED ON 9 MAY 
2000 AN ELECTRONIC INTERNATIONAL DATABASE OF JUDICIAL 
DECISIONS CONCERNING THE CONVENTION (HTTP://WWW.INCADAT.COM); 
WE ORGANISED IN 1998 AND EARLY THIS WEEK A THREE-DAY SEMINAR 
FOR FORTY JUDGES, EACH TIME FROM DIFFERENT CONTRACTING STATES 
TO FAMILIARISE THEM WITH THE CONVENTION AND ENCOURAGE THEM TO 
CO-OPERATE ACROSS BORDERS; AND WE ARE CURRENTLY PREPARING FOR 
A FOURTH MAJOR MEETING OF CONTRACTING STATES TO TAKE PLACE IN 
MARCH 2001, FROM WHICH WE EXPECT TO SEE A NUMBER OF 
RECOMMENDATIONS EMERGING ON THE APPLICATION OF THE 1980 
CONVENTION. 
 
 
THE PERMANENT BUREAU IS GLAD TO OFFER ITS EXPERTISE, AND ITS 
PREMISES AT THE HAGUE TO FACILITATE THE WORK OF THE JOINT 
EXPERTS GROUP REFERRED TO ABOVE. WE BELIEVE THAT THE HAGUE 
CONFERENCE PROVIDES AN OBJECTIVE AND TRUSTED FORUM FOR 
INTERNATIONAL CO-OPERATION TO MAKE THE 1980 CONVENTION WORK. 
 
 
WE WOULD ALSO HOPE THAT THE EXPERTS GROUP WOULD, AS PART OF 
THE REPORTED "ORGANISATIONAL AND INSTITUTIONAL CONSEQUENCES 
TO BE TAKEN", REFLECT ON WAYS TO REINFORCE THE CAPACITY OF 
THE PERMANENT BUREAU SO AS TO ENABLE US TO DO ALL THAT WE 
KNOW IS NEEDED TO GIVE THE CONVENTION THE BEST POSSIBILITY OF 
WORKING EFFECTIVELY. 
 
 
YOURS SINCERELY, 
/S/ 
HANS VAN LOON 
 
 
//END TEXT OF LETTER// 
 
 
3.  THE LETTER HAS BEEN FAXED TO THE DEPARTMENT (L/PIL - 
KOVAR). 
SCHNEIDER