US embassy cable - 03TEGUCIGALPA1655

UNCLAS TEGUCIGALPA 001655 
 
SIPDIS 
 
FOR CI/OCS/WHA, CA/OCS/ACS AND WHA/CEN 
 
E.O. 12958: N/A 
TAGS: CASC, HO 
SUBJECT: CONSULAR MEETING WITH HONDURAN CENTRAL AUTHORITY 
ON HAGUE CONVENTION ON INTERNATIONAL CHILD ABDUCTION 
CASES 
 
 
1. SUMMARY: On July 10, 2003, Deputy Consul General and 
LES Consular Specialist met with the Interim Director of 
the Instituto Hondureno de la Ninez y la Familia (IHNFA), 
Attorney Luis Erasmo Elvir.  The IHNFA is the Designated 
Central Authority in Honduras for the Hague Convention on 
International Child Abduction. Consular reps presented 
IHNFA Director with a new Hague application and much to 
our dismay the IHNFA stated that the Hague Convention on 
Child Abduction could not be applied in Honduras because 
the GOH had not yet ratified the convention. END OF 
SUMMARY. 
 
2. On July 9, 2003, Post learned that IHNFA's Director, 
Attorney Maria Elena de Carbajal had resigned and that 
Attorney Luis Erasmo Elvir was currently Acting Interim 
Director.  We made an appointment with Attorney Elvin to 
submit a new application under the Hague for the return 
of Amcit Kevin Obed Berrios.  On July 11, 2003 at 2:00 
p.m., Deputy Consul General and LES Consular Specialist 
met with the Interim Director, Attorney Erasmo Elvir, and 
his legal assessors, Attorney Melissa Calix and Attorney 
Alba Cecilia Mena de Beln.  As we were submitting the 
Obed Berrios application, we were informed that the Hague 
Convention on Child Abduction could not be applied in 
Honduras because the GOH had not yet ratified the 
convention.  We were surprised to hear this from the 
IHNFA reps, since we had raised this issue with them back 
in July 27, 1998, and were under the impression that they 
understood the mechanics of the Hague Convention. 
 
3.  Once again, Consular reps explained that the 
applicability issue 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 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. 
 
4. 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 agreed to provide 
IHNFA with copies of all the documentation we have 
indicating that this issue has already been resolved.  We 
will also send, via appropriate Embassy channels, a 
letter to Mr. Lobo, with the same documentation, 
requesting a prompt response to IHNFA's original inquiry. 
It would appear that IHNFA is unwilling to apply the 
Hague without the expressed permission of the Honduran 
Congress, even though that permission is not required. 
Post will continue to actively pursue resolution of this 
matter, as we will continue to receive Hague applications 
and we wish to see them processed without undue delay by 
the GOH.  Post will advise the Department of any new 
developments as they become available. 
 
PALMER