US embassy cable - 04TEGUCIGALPA154

UNCLAS TEGUCIGALPA 000154 
 
SIPDIS 
 
FOR CA/OCS/CI 
 
E.O. 12958: N/A 
TAGS: KOCI, CASC, HO 
SUBJECT: HAGUE COMPLIANCE REPORT PREPARATION 
 
REF: SECSTATE 00568 
 
1. Post concurs with CA/OCS/CI's Assessment of Honduran 
non-compliance with the Hague Convention on International 
Child Abduction. 
 
2. Furthermore, on July 9, 2003, Consular reps once again 
explained to the IHNFA representatives that the 
applicability issue regarding the Hague Abduction 
Convention was settled in July 2001 when Ambassador 
Policarpo Callejas, Ministry of Foreign Affairs Advisor, 
confirmed that since both Honduras and the USA are 
signatories to the Vienna Convention, the Hague 
Convention on International Child Abduction is in force 
between the two countries.  The Vienna Convention Article 
27 states that a country may not invoke the provisions of 
its internal law (ratification requirement) as 
justification for its failure to implement specific 
provisions of a treaty.  The IHNFA reps provided us with 
a copy of a letter dated May 30, 2003 addressed to the 
President of the Honduran Congress, Porfiro Lobo, in 
which they requested that Congress define the 
applicability of the Hague Convention in Honduras. 
Consular reps also provided the IHNFA with copies of all 
the documentation indicating that this issue had already 
been resolved.  On June 11, 2003, Post sent a letter to 
the President of the Honduran Congress 
Porfirio Lobo, requesting a prompt response to IHNFA's 
original inquiry.  On November 18, 2003, Post sent a 
letter to Congressman Jorge Arturo Reina, assigned to 
handle this issue, requesting a status report.  Several 
days later Congressman Reina responded by phone stating 
that they are diligently working to ratify the Convention 
as soon as possible. 
 
4. Cases currently pending at IHNFA: 
 
- On May 27, 1998, Post submitted Hague application to 
the IHNFA for the return of Chelsea Nicolette Patterson. 
 
- On July 10, 2003, Post submitted Hague application to 
the IHNFA for the return of Kevin Obed Berrios. 
 
- On October 9, 2003, Post submitted Hague applications 
to the IHNFA for the return of Jonathan Nassar Morais, 
Joshua Nassar Morais and Erick Junior Nassar Morais. 
 
5. Post will continue to actively pursue resolution of 
this matter by GOH authorities representing the 
Legislative and Executive branches of the government and 
will advise the Department of any new developments as 
they become available. 
 
PALMER