US embassy cable - 03HANOI1995

UNCLAS SECTION 01 OF 03 HANOI 001995 
 
SIPDIS 
 
DEPARTMENT FOR CA/OCS/CI, CA/OCS/ACS/EAP, CA/OCS/PRI, 
DEPARTMENT ALSO FOR CA/VO/F/P, EAP/BCLTV, AND L/EAP 
BANGKOK FOR DHS/DD 
HO CHI MINH CITY FOR CONS AND DHS OIC 
 
E.O. 12958: N/A 
TAGS: KOCI, CVIS, CASC, PREL, VM 
SUBJECT: OUTGOING FRENCH ADOPTIONS OFFICIAL SAYS VIETNAM IS 
"STILL NOT READY." 
 
REF: A) HANOI 1870, B) HANOI 1759, C) PREVIOUS, and D) 02 
HANOI 0039 
 
1.  (SBU) Summary.  Despite the precision in the French 
adoption agreement with Vietnam, French adoptions are 
encountering problems at the provincial levels.  Significant 
problems include demands for donations/fees in excess of 
those set in the French agreement, unclear origins of 
adoptive children (some of whom are rumored to have been 
trafficked from China or Cambodia), and the withholding of 
children pending the finalization of an MOU with the 
Americans - because the Americans "will pay much more." 
Central authorities reportedly are investigating such 
concerns, but often lack the power to halt problems at the 
provincial level.  A French adoption official in Hanoi fears 
that a premature agreement between the U.S. and Vietnam 
could serve to exacerbate the problems on the ground.  End 
Summary. 
 
DEPARTING FRENCH ADOPTIONS OFFICIAL 
----------------------------------- 
 
2.  (SBU) On July 25th, Consul spoke with the departing 
official responsible for international adoptions at the 
French Embassy, Pierrette Collomb.  Collomb had been in this 
position for three years, focusing solely on adoptions. 
During her tenure, she served as the point-person throughout 
the negotiation of the French agreement, processed adoptions 
for French adoptive parents, maintained relations with 
provincial and central government authorities, investigated 
fraud, and visited orphanages regularly. 
 
DESPITE TOUGH FRENCH AGREEMENT - PROBLEMS PERSIST 
--------------------------------------------- ---- 
 
3.  (SBU) Collomb described the French agreement as having 
tight controls.  All French adoptive parents must make a USD 
3000 `donation' to the GVN. This amount is established in 
the French agreement and covers the expenses of the 
orphanage as well as the processing expenses of the 
provincial and central government.  Any indication that an 
amount larger than the set donation has been paid is grounds 
for nullifying an adoption.  In addition, the GOF also 
retains the authority to approve all adoption agencies and 
facilitators - called "associations" - that can operate in 
Vietnam. 
 
4.  (SBU) Despite these strictures in the French agreement, 
Collomb has encountered a number of problematic adoption 
dossiers.  The primary anomaly, encountered in many 
dossiers, was requests for donations or payment of fees in 
excess of the pre-determined US$3000. Another very 
disturbing problem is the lack of clear history for the 
children up for adoption in many provinces.  Documents 
demonstrating their biological parentage, those parent's 
ties to the province, or those parent's intent to relinquish 
the children are often unavailable or questionable.  In 
provinces where donations or documentation are consistent 
problems, Collomb reports that she consistently sees the 
same signatures (of provincial level officials) with 
inordinate frequency.  Collomb also believes rumors that 
many children continue to be trafficked across provincial 
borders (which is not allowed) and even transnational 
borders.  (Note:  Rumors have abounded for years that many 
children adopted from Vietnam were trafficked to Vietnam 
from China or Cambodia.  End note.) 
 
5.  (SBU) Finally, and of particular concern, Collomb was 
eager to report that many provinces simply refuse to make 
children available because "they are waiting for the 
Americans who will pay much more." 
 
6.  She identified a non-comprehensive list of provinces 
from which dossiers tend toward such anomalies and 
hindrances - Ba Ria Vung Tau, Ho Chi Minh, Da Nang, Ha Noi, 
Ha Tay, Hai Phong, Bac Giang, and Thai Nguyen. 
 
 
SPECIFICS 
--------- 
 
7.  (SBU)  Collomb did cite some examples from specific 
provinces.  In Bac Giang, a province in which U.S. adoptive 
parents previously encountered difficulties, the MOJ is 
investigating claims that children are being smuggled from 
China.  Adoptions are currently halted in Bac Giang pending 
the investigation.  In Hanoi, adoption officials have been 
the most blatant in declaring that they will wait for the 
American agreement and the associated money. In Thai Nguyen 
Province, Collomb has seen a disproportionate number of 
girls being made available for adoption.  She indicates that 
most legitimate orphans are simply third or subsequent 
children that families cannot afford, and thus are equally 
likely to be boys.  However, as boys are traditionally 
expected to provide for their parents, if biological parents 
are being `convinced' to give up children, it is easier to 
convince them to give up girls than boys.  This may also 
indicate a possible link to trafficking in children from 
China, where girls are frequently "given up" in preference 
for a boy.  Finally, she reported a case in Hai Phong in 
which, when asked in the final stages of processing the 
adoption, the mother did not consent (and said she had never 
consented) to relinquish the child.  Here Collomb said the 
system worked and the adoption did not go through, but she 
also expressed concern that this demonstrated that 
provincial and orphanage officials are willing to indicate 
that a child was available when the child was clearly not. 
 
SUPPLY HAS SHRUNK 
----------------- 
 
8.  (SBU) Significantly, Collomb noted that while orphanages 
were crowded prior to the implementation of Decree 68 
(described in ref D), when "fees" were paid freely, there 
are few children in the orphanages now.  She says that while 
approximately 400 adoptions have gone through since the 
French agreement was ratified, there are still 1000 cases of 
adoptive parents to whom children have not been made 
available.  She feels that this is due to the relatively low 
set donation - the market incentive is just not there. 
 
GVN RESPONSE TO PROBLEMS 
------------------------ 
 
9.  (SBU) Collomb believes that the problems lie in the 
provinces.  She says that the central authorities are 
generally quite good at pursuing cases when anomalies arise, 
but that they simply don't have the power, means, or 
authority to halt these inaccuracies and abuses.  The 
central authorities investigate many cases and questionable 
results often result in nullification of the adoption, but 
some cases do go through.  Collomb indicated that the MOJ 
sent letters to provinces that were particularly problematic 
(she did not indicate which provinces), and those provinces 
now simply refuse to work with French adoptive parents. 
 
10.  (SBU)  Collomb did applaud the GVN's efforts to reduce 
abuse of international adoptions through Decree 68 and the 
establishment of new authorities and procedures.  She feels 
that the GVN has moved far forward in the time she was here. 
Unfortunately, her general conclusion is that despite the 
GVN's progress and good intentions, the legal systems are 
not in place, the central authorities do not have enough 
power, and "Vietnam is just not ready."  Likely in reference 
to the American dollars which provincial level official 
associate with American adoptions, she added:  "An American 
agreement will only exacerbate the problems we are 
encountering.  When Vietnam is ready to deal with these 
problems, it will be ready to join the Hague." 
 
COMMENT 
------- 
 
11.  (SBU)  The central authorities' inability to enforce 
policies at the provincial levels is endemic in Vietnam. 
Recent examples include BTA implementation and treatment of 
ethnic minorities.  In addition, it bears mentioning that 
the central authorities related to international adoption 
are in flux as reported in refs A and B.  The future 
reaction of these as yet unnamed officials to similar 
anomalies cannot be predicted. 
 
12.  (SBU) While the views reported in this cable are only 
one official's views, that official has worked on this issue 
intensively for three years.  In addition, Collomb's views 
are simply further corroboration of the findings uncovered 
and reported by DHS/HCMC over the past three years.  It was 
DHS/HCMC's findings that spurred the GVN to pass Decree 68. 
The potential for such problems to arise should be kept in 
mind as we continue to work for progress on seeking a new 
arrangement with Vietnam to allow international adoptions 
with the United States. 
PORTER