Not a Tourist Attraction

Can you imagine if a stranger came into your home and started taking selfies with your child, gave them gifts, hugged and kissed them, then left? The following day a new stranger came into your home and did this exact same thing.

This is a reality for the majority of children living in orphanages throughout the world. We don’t think twice when we see people post these types of pictures, matter of fact we often praise each other when we partake in such activities. For as long as I can remember, visiting orphanages, posing with “orphans”, loving and giving them gifts has been seen as a good and acceptable thing but I believe it’s time to reevaluate! Matter of fact, it’s long past when we should have realised how careless we can sometimes be with the safety and well-being of these children.

How is that when it’s our own children we see things so differently? When it’s our own child, no one needs to tell us the negative effects such situations could bring about, yet when it’s not our child, but a child in an orphanage, we strip them so easily of their individuality and value. The parental instincts that keep our children out of harm’s way should be extended to all children, not just those within our own home. We must work to protect ALL children equally. 

While there is certainly much to be understood as to why this discrepancy in value exists that is not what this post is about.

What I would like to discuss is why volunteering in orphanages can be problematic and at times cause harm. 

  1. Most children in orphanages are not orphans. In the past, donating to and volunteering within orphanages has been seen as a good and noble thing, but with the understanding that 4 out of 5 children living within those institutions are not orphans it’s our responsibility to ensure we are not contributing to the problem. The act of visiting and volunteering in orphanages has become more and more popular over the years, and as a result there has been a direct increase in the number of orphanages across the world. The desire for donations can incite orphanages to go looking for children to fill their walls, preying on vulnerable families that are desperate for help. As a result, children are removed from families that could’ve been invested in to keep together (which is truly in the child’s best interest). Because of this, children are often being held within these institutions in order to incur ongoing donations from volunteers and religious organisations that have developed a personal relationship with that particular orphanage. 
  2. There is no such thing as a good orphanage. While i’m not saying that there aren’t orphanages being managed by good people doing their absolute best at providing a safe and nurturing environment, the institutionalisation of children has never been considered “good” for them. Children do not thrive in institutional care, even within the best of conditions. The rate of physical, emotional and sexual abuse within orphanages is high. If we know our contributions to orphanages can potentially promote the creation of orphans and we also know how harmful institutional care is to a child, then why in the world would we consider contributing to a system that is unnecessarily institutionalising children 4 out of 5 times? Just as it is for our own children, it is best for all children to stay with their biological families where possible. It would be better to support programs that focus on keeping families together or reintegrate children back to their families instead of putting that money into systems that are separating families.
  3. Only properly vetted and trained volunteers and professionals should be working with children in institutional care. Allowing groups of improperly screened and trained volunteers to have access to vulnerable children in orphanages promotes an unsafe environment for the children. 
  4. When volunteers visit orphanages, even for a short period of time, they create a bond that will be broken once the volunteer goes home. Children that find themselves in the unfortunate position of being placed in an orphanage have been exposed to trauma. First, there is the trauma that brought about the need for assistance. This could be anything from abuse, neglect, a death in the family, poverty, mental health of a parent, loss of a job, corruption or a multitude of other reasons. Secondly, there is the deep trauma of being separated from everything and everyone they are familiar with. Losing that bond and daily connection to their family members is extremely traumatising. More often than not, orphanages become a revolving door of people coming in, bonding with children, then leaving, thus exposing children to the trauma of abandonment over and over again. 
  5. Visiting, volunteering in and donating to orphanages creates a supply and demand market which can lead to the trafficking of children. In many developing countries where the government infrastructure is weak there is often a lack of proper oversight within orphanages. Hence, it is nearly impossible to ensure the majority of these orphanages are being managed legally and ethically. In many countries where the orphanage growth has boomed over the past few years it has become an overwhelming problem to address. With over 500 unlicensed orphanages in Uganda alone, it is near impossible for one to properly donate to or volunteer within these institutions while ensuring things are being run ethically and that children aren’t being exploited in order to receive income from donations.

While I’m not saying that there is absolutely no way to volunteer safely and ethically in an orphanage, I think it’s important to humble ourselves and ensure that in our attempt to “do good” we haven’t somehow participated in a system that may be exploiting children. It can be easy to convince ourselves that if our intentions are good the results of our actions are inconsequential. Good intentions are useless if they are causing harm. For many years I unwittingly undervalued the lives of children in institutional care all in the name of goodwill. I am embarrassed for my lack of better judgement and ignorance. But recognising and admitting where I have gotten it wrong is part of becoming the change I want to see in this world.

May we all do better and be better for these children and their families.

About Jessica Davis

Degrees of Being Trafficked in Intercountry Adoption

trafficking.jpg

As an adult intercountry adoptee, having been outspoken now for 20 years in ICAV, I’ve often wondered whether my intercountry adoption was legitimate or not. That means asking questions like: did my Vietnamese parents really understand the legal concept of “adoption” and relinquishment? Were they offered any other types of support to keep me? Given I came out of war torn Vietnam, was my status really as a true orphan with no surviving parents or family? Was family and kin reunification even attempted before I was adopted out to Australia? And what about any attempts to place me in my own home country first? One day I hope to find the answers to these questions if I’m lucky enough to be reunited with my biological family.

I’m sure other fellow intercountry adoptees ask themselves similar questions at some stage in their life. These are the realities we face as we grow older, mature in our understandings of the complexities of intercountry adoption, and grapple to integrate our realities with the worldwide politics that created our lives, as we know it today.

To consider oneself as trafficked as an intercountry adoptee is challenging because of the legal definition which cuts us out and doesn’t allow any legal scope to take action against the perpetrators.

Human trafficking is the illegal movement of people, within national or across international borders, for the purposes of exploitation in the form of commercial sex, domestic service or manual labour.

Trafficking in intercountry adoption certainly exists but we cannot take legal action because of the fact that no international law or framework exists to allow us to be legally considered as “trafficked” unless we can prove we fit the criteria of “exploitation for sex or labour”.

Yet within intercountry adoption, the degrees to which we can be trafficked can vary immensely. There are those who have:

  • outright falsification of documentation and were stolen from their birth families, sold into intercountry adoption for profit, where legal action was taken against those who profited and it was demonstrated in a court of law, that wrong doing had transpired.
  • documentation that could appear suspicious but at the time not questioned further; demonstrated years later to be inconsistent or incorrect.
  • paperwork that appears legitimate, but at reunion decades later, the story from birth parents does not match in any way the documentation provided by the adoption agency / facilitator.
  • no identity paperwork exists due to having been a “lost” child and with little attempt to reunify back with family, we became sold/transacted via intercountry adoption.

Where does the spectrum of having been “trafficked for intercountry adoption” start or end? Difficult to discuss when the concept is not allowed to exist in law. Even ISS International’s best practice learnings from these types of scenarios don’t label it “trafficking”, but refer to it as “illegal adoptions” in their Handbook. And out of the conclusions and recommendations in that handbook, the question has to be asked how many of the Hague signatories have a process to enable biological family, adoptive parents, or adult adoptees who suspect illicit practices (i.e., trafficking) be given any type of support or process  – financially, legally, or emotionally?

On 7 December 2017, ICAV facilitated a small group of 7 intercountry adoptees representing India, Taiwan, and Sri Lanka to request the Australian Federal Government, via Department of Social Services (DSS), consider providing some financial support to those who have been trafficked in various degrees. For these adoptees, no amount of money is ever going to compensate for their losses and trauma directly brought on by the degree of trafficking they have endured. Not to mention their biological family! But we can at least ask that some forms of restorative justice be provided by the powers to be who facilitate adoptions and allow it to continue.

restorative justice

There is no way of ultimately fixing the dilemma caused by trafficking in intercountry adoption because adoption IS legally binding, despite the existence of cases of successful prosecution against those who falsified documents.

Sadly, the only legal case that can be made in intercountry adoption for known trafficking is for falsification of documents. The perpetrators get a slap on the wrist, some jail time, and a small fine (compared to how much they profited). In comparison, what does the adoptee or biological family get? Nothing. Not even services to help them move through and past this unnecessary trauma.

I want to raise awareness of the impacts trafficking has on those adoptees who have to live it, forever. Their voices are unheard and diminished by those who advocate for adoption. Their experiences go by without us learning from the mistakes and putting in place much needed processes and international laws to prevent further injustices like theirs. For them, even when the perpetrator is punished by law, they as adoptees are left to live the consequences with NO recognition of what they’ve had to endure. There is NO justice for them.

Please read Roopali’s story. Hers is an example of living the lifelong consequences of an adoption in which it appears her first parents did not voluntarily consent, nor was she a true orphan, and she was old enough to be listened to and given a choice. Her story gives voice to the extra challenges endured directly as a result of having been “trafficked” to some degree. She was brave enough to share her story to the Australian Government with ICAV in 2015 when we met the Prime Minister’s Senior Advisors. There was not a single dry eye in the room, we were all so affected by the obvious trauma she endures day to day. Trafficking of vulnerable children via intercountry adoption needs to stop!

I hope Roopali’s story encourages others to speak out and demand from their governments that action towards legal recognition of “trafficking” via intercountry adoption AND restorative justice needs to occur.