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Viewing cable 10MBABANE77, SWAZILAND'S DEPUTY PRIME MINISTER'S RESPONSE TO THE

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Reference ID Created Released Classification Origin
10MBABANE77 2010-02-26 11:44 2011-08-30 01:44 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Mbabane
VZCZCXRO4138
PP RUEHJO
DE RUEHMB #0077/01 0571144
ZNR UUUUU ZZH
P 261144Z FEB 10
FM AMEMBASSY MBABANE
TO RUEHC/SECSTATE WASHDC PRIORITY 3951
INFO RUEHSA/AMEMBASSY PRETORIA 2800
RUEHJO/AMCONSUL JOHANNESBURG 0435
UNCLAS SECTION 01 OF 02 MBABANE 000077 
 
SENSITIVE 
 
SIPDIS 
 
DEPT FOR CA/OCS/CI (SHAFFER); CA/OCS/ACS (RAUGUST) 
JOHANNESBURG FOR RCO KENT MAY 
 
E.O. 12356: N/A 
TAGS: CASC KOCI PREL PGOV SOCI WZ
SUBJECT:  SWAZILAND'S DEPUTY PRIME MINISTER'S RESPONSE TO THE 
STALLED INTER-COUNTRY ADOPTIONS 
 
REF:  (A) MBABANE 0052, (B) MBABANE 0059 
 
1. (SBU) SUMMARY: As a follow up to meetings Ambassador Irving and 
ConOff Murphy held with Swazi government officials and Prospective 
Adoptive Parents (PAPs) regarding the stalled inter-country adoption 
cases detailed in refs (A) and (B), the Deputy Prime Minister's 
Office (DPM) provided the families with written feedback on February 
11.  Although the responses were expedient, as promised, they are 
far from conclusive and failed to provide any concrete resolution or 
timeline to the cases.  In a separate phone conversation February 24 
between Principal Secretary Khangeziwe Mabuza and ConOff, the 
Principal Secretary indicated that the DPM's office is still 
reviewing its internal processing procedures before determining 
whether a cabinet opinion is needed to officially suspend 
international adoptions.  Until that determination is made, they 
will not process new cases.  END SUMMARY 
 
THE STALLED CASES 
----------------- 
 
2. (U) When Melanie Fullingim arrived in Swaziland on November 19, 
2009 to adopt three older orphaned biological siblings, the 
children's adoptable status was proclaimed unambiguous.  In the 
three months that Ms. Fullingim has been in country for the 
processing of her case (which should have taken two weeks), the 
missing mother resurfaced and the abusive father, who had 
relinquished custody in writing, began to have second thoughts.  In 
its 11 February communication, the DPM's office indicated, for this 
reason, "there is still a lot that needs to be done before this case 
is concluded."  The DPM further stated that the DPM's office would 
continue to follow up on the case to determine the intentions of the 
biological parents who for years had not been able or willing to 
care for the children.  Telephonically, the DPM said he would 
personally speak to the biological parents.  Since Mrs. Fullingim 
had already bonded with the children as though they were members of 
her family for over two months, she decided to wait in Swaziland for 
a more concrete conclusion.  She would then know the children were 
either going back to the U.S. with her or to the biological family, 
rather than back to an institution.  At this writing, Mrs. Fullingim 
is still waiting in Swaziland for a final determination. 
 
3. (U) When John Messerly arrived in Swaziland on November 23, 2009 
to adopt two unrelated orphaned children, the children's adoptable 
status was also proclaimed unambiguous.  After Mr. Messerly was in 
country for two and a half months, the High Court approved the 
adoption of the daughter, but questioned the adoptable status of the 
son, despite the fact that the DPM's office had already recommended 
the adoption.  In the months that Mr. Messerly's case had been 
languishing in the courts, a paternal great-aunt came forward, 
claiming interest in seeing the child.  The woman did not, however, 
express an interest in taking custody and providing long-term care 
for the child.  In their 11 February communication, the DPM's office 
indicated "this is a significant development that needs further 
interrogation."  Mr. Messerly remained in Swaziland as long as he 
could to ensure that the child would at least be placed with his 
family, but instead he was returned to the orphanage.  Mr. Messerly 
had to return to the U.S. so his daughter could begin school, but he 
continues to nurture hope that the child's adoptable status will be 
reconfirmed and he will be able to return to Swaziland to finalize 
the adoption in the future.  Mr. Messerly received his daughter's 
immigrant visa in Johannesburg on February 19. 
 
4. (U) When Dr. Nilou Ataie arrived in Swaziland on January 16, 2010 
to adopt an infant child whose birth mother specifically requested 
that her unborn child be placed immediately after birth with a PAP 
rather than be put in an institution, the situation appeared 
straight-forward.  It proved otherwise.  Although DSW approved this 
arrangement in advance of Dr. Ataie's arrival in Swaziland, the 
department reneged on the agreement and placed the newborn in an 
orphanage.  While the infant was in the orphanage, authorities 
realized the consenting birth mother is a South African citizen and 
the father is unknown, but assumed to be South African, so the child 
has no right to Swazi citizenship under Swazi law.  According to the 
Deputy Prime Minister, this meant that the DSW could not process the 
child's adoption without a legal opinion, and may have had to deport 
the infant and transfer custody of the child to South Africa's 
already overburdened social welfare system.  In its 11 February 
communication, the DPM's office indicated "further consultations 
will be done between the Government of Swaziland and the Republic of 
South Africa on the status of the child in question."  Furthermore, 
they recognized Dr. Ataie's interest in adopting another available 
child, but could not commit to any time frame.  With little prospect 
of a fruitful adoption in the near future, Dr. Ataie decided to 
return to her family in the U.S. on February 23. 
 
CONTINUED REVIEW OF DPM'S INTERNAL PROCESSING PROCEDURES 
 
MBABANE 00000077  002 OF 002 
 
 
---------- ----- -------- ------------------------------ 
 
5.  (U) According to Principal Secretary Mabuza, the DPM's office is 
still conducting an internal review of its procedures to determine 
if the cabinet should be involved in a  formal decision on whether 
adoptions should be suspended pending an overhaul of the process. 
The DPM's office should have a determination by the end of March and 
will make a formal announcement.  Until that time, international 
adoptions are not officially suspended, but are all being reviewed, 
and new cases are not being processed. 
 
IRVING