Comments from American Congressman Christopher Smith

From: Averea Newspaper Sept. 15, 2005.

Author: Lucian Stefanescu, Prague

Adapted from an interview transmitted by Radio Free Europe

American Congressman Christopher Smith, Republican, has criticized the Romanian adoption law and its authors by saying, "The influence of Mrs. Nicholson was ill-devised. Mrs. Nicholson stopped international adoptions by abusing her position."

American Congressman Christopher Smith, co-president of the Helsinki Commission in Washington, D.C., is a vehement critic of the Romanian adoption law and of Europarliamentarian Emma Nicholson. It was Nicholson who arduously militated for the current form of the law. In an interview accorded toRadio Free Europe, the Republican Congressman declared that he was very upset with the fact that, "Mrs. Nicholson was able to exercise an influence which was so damaging to Romania by stopping inter-country adoptions."

"Every year in Romania between 8,000 and 10,000 children are abandoned. The problem of abandonment shappens all over the world, even in the United States. Families or mothers who cannot care for their children give them up for adoption and I consider this an act of altruism," declared Christopher Smith.

Referring to the accusations by Mrs. Nicholson with regard to the trafficking of children from Romania, the American Congressman said that, "The line of demarcation between trafficking of children and inter-country adoptions is quite plain. And personally, I am very disturbed that Mrs.Nicholson slanders these families from all over the world, including from the United States, from Italy and from other countries, who have lovingly adopted children and in good faith desired to rear them as their own children and to give them, in a very practical way, a permanent home."

"Honestly, I believe that Mrs. Nicholson has abused the vulnerable position in which Romania found herself in being preoccupied with entering the European Union. Mrs. Nicholson also abused her position as rapporteur from the European Parliament to Romania. She did this by stopping legitimate inter-country adoptions and by attempting to defame and blacken this process saying that it was the equivalent to child trafficking. Adoptions function well and have functioned for decades on end, whether they were internal or international. I believe that Mrs. Nicholson's prejudices against adoption and her inordinate influence over the Romanian parliament are scandalously disastrous for the children," added Christopher Smith.

When asked his opinion of the current adoption law, Congressman Smith made it clear that this law is not in agreement with the Hague Convention which was signed by Romania. "I don't like the fact that the law excludes a permanent, loving home for some children and forbids them from having a permanent family who loves them, nurtures them, and takes care of them as it should. This is what the Hague Convention, signed on to by a large number of European countries, foresees. The Hague Convention says that a country must act in the best interest of the children by finding them an adequate, permanent home. This is only human and demonstrates compassion for the children. It is totally unbelievable that Romania would turn 180 degrees from this position and adopt a draconian law which is very, very anti-adoption. They felt that they needed to do this because of the pressure that was put upon them. However, I believe that they could have opposed this pressure from Mrs. Nicholson. Our objective, as a commission, is to bring to light once again this grave mistake on Romania's part which negatively affects the children."

When asked if Romania is somehow stuck between the United States and the European Union with regards to international adoptions, Christopher Smith responded categorically,"We are acting in the best interests of the child, while the European Union is simply asking for the stoppage of inter-country adoptions. I hope that the Romanian Parliament and the leadership of Romania will recognize that these children should have first place. I further believe that international adoptions are a legitimate means to help these children to have a permanent, happy home; perhaps not all but some. To forbid this is a grave mistake. We will continue to encourage the Romanian government to stand on its own two feet and not allow her lack of courage to cause her to adopt a policy which is against the children as has happened."