Govt officials swindle millions in child adoption
https://observer.ug/index.php/news/headlines/80680-govt-officials-swindle-millions-in-child-adoption
Written by GEOFREY SERUGO
Corruption
and delayed investigations are impeding the adoption process for
children from Ugandan children’s homes, according to concerns uncovered
by The Observer. Presently, Uganda hosts 109 children’s homes across the country, with a significant concentration in the Central region.
These homes must obtain approval from
the minister of Gender, specifically the official responsible for
children’s welfare and protection, before operation. Despite an
estimated 3.5 million abandoned and impoverished children in Uganda,
only 9,700 reside in approved homes.
The nation
has also recently witnessed a surge in street children, reflecting
underlying issues such as extreme poverty, corruption and conflicts. A
prevalent practice among prominent children’s homes involves releasing
children for adoption to willing individuals. However, corruption,
delayed investigations, and report production hinder the adoption
process, as reported by foster parents.
Many have encountered challenges within
the ministry of Gender, Labour and Social Development. The adoption
process in Uganda involves two categories: national and foreign-based.
National adoptions follow procedures before the Magistrate’s court,
while foreign cases are handled by the High court.
ADOPTION PROCESS
The process of adoption in Uganda
commences with fostering, a crucial step governed by clear legal
provisions. According to the law, the adoption of a Ugandan child by a
non-Ugandan individual must occur under exceptional circumstances. This
stipulation implies that adoption is not an automatic process; instead,
it is subject to stringent criteria set forth by the courts of law to
curb child trafficking.
One such criterion necessitates that the
prospective adopter must have resided in Uganda for a minimum of 12
months. This residency requirement underscores the importance of
familiarity with the Ugandan culture, encompassing its customs,
practices, and all facets relevant to caring for a child.
Moreover,
the aspiring adopter must engage in fostering the child for a duration
of 12 months, during which time supervision by a probation officer is
mandatory. This supervision serves to ensure the well-being of the child
and assess the prospective adopter’s suitability for parenthood.
Subsequently, the probation officer
presents the prospective adopter to an alternative care panel for
evaluation of eligibility. Should the panel deem the individual
suitable, a recommendation is forwarded to the courts of law for further
consideration. Following the recommendation, there is a mandatory
waiting period of one month before the applicant appears before the
Family division of the High court.
This
interlude allows the panel to review its proceedings and reaffirm its
decision, thereby upholding principles of transparency and
accountability. Upon presentation before the court, the matter is
deliberated and adjudicated upon, with the duration of this process
remaining undisclosed. If the court is satisfied with the applicant’s
intentions and qualifications, the adoption is granted, thereby
culminating in the realization of the adopter’s aspirations.
PROSPECTIVE ADOPTIVE PARENTS COMPLAIN
In 2019, a Ugandan couple in the
diaspora expressed interest in adopting a girl child from one of
Uganda’s orphanages. They embarked on the adoption journey in 2020 from a
renowned children’s home in Uganda, facilitated by their sister’s
connections within the institution. Their efforts faced obstacles early
on when they discovered Uganda lacked an adoption license with their
country of residence, necessitating their intervention to pick up the
process and deliver it themselves.
Upon identification of a one-year-old
malnourished child, they sought a police medical report, for which they
paid a fee of Shs 400,000 to an officer who later vanished. Another
officer had to be engaged to obtain the report. From 2021 to 2023, the
couple encountered further challenges, with a probation officer
allegedly extorting close to Shs 6 million under the guise of expediting
the process.
This officer eventually left for a more
lucrative position, leaving the adoption process in limbo. Subsequently,
their lawyer identified another probation officer in 2023, who demanded
$5,500 (about Shs 20 million), prompting the couple’s personal
intervention by flying into the country to oversee proceedings.
Despite assurances from Shafiq Butanda,
the principal probation officer at the ministry of Gender, Labour and
Social Development, the adoption process remained stagnant. Frustrated
by the lack of progress and apparent demands for additional payments,
the couple refused to comply, realizing they had been exploited
previously.
The delays in the process meant the girl
they sought to adopt, aged two at the outset, had now reached the age
of five. The prospective adoptive parent expressed sadness at the
child’s prolonged stay in the orphanage and criticized the apparent lack
of care for such children.
She highlighted the disparities in
adoption processes, noting the ease for Ugandans compared to foreigners,
who often face more obstacles. Despite the challenges, the couple
remained committed to the adoption process, because after years of
association, they had become very attached to the child they were trying
to adopt.
In a similar case, another Ugandan-based
couple was frustrated by the line ministry at every turn of their
adoption process, until they appealed to a higher power than the
probation officer.
“We had followed all the procedures and
they even gave us the child for fostering, which we did perfectly,” the
mother, who requested anonymity to protect her adoptive child, said.
“When we finished fostering, the
probation officer asked for Shs 3m to write a favourable report for us,
or else she would fail us!”
The couple only concluded the stalled process after a powerful person in government made a call to the ministry.
USA SANCTIONS JUDGE, ATTORNEYS
In August 2020, the United States of
America imposed sanctions on two Ugandan judges and two attorneys for
their involvement in bribery associated with an adoption scam within the
country.
US
Secretary of State Michael Pompeo announced that financial sanctions and
visa restrictions were levied against High court judges Moses Mukiibi
and Wilson Masalu Musene, as well as Ugandan lawyers Dorah Mirembe and
Patrick Ecobu, for their alleged complicity in a corrupt adoption scheme
that victimized children.
Pompeo asserted that Mirembe and Ecobu
facilitated bribes to Ugandan judges and other government officials to
unlawfully secure adoption cases. As a consequence of the sanctions, the
individuals targeted, along with their family members, are barred from
entering the USA.
Meanwhile, another couple engaged in the
adoption process from one of Uganda’s children’s homes expressed
frustration, noting that three years have elapsed with no progress. They
highlighted the challenges of navigating the legal system in Uganda,
emphasizing the need for constant oversight of lawyers to ensure
progress.
The couple lamented instances where fees
were paid for legal services that were not rendered, resulting in
financial losses. Despite the setbacks, they acknowledged that with
sufficient resources and dedication, the adoption process in Uganda
could proceed expeditiously. However, they underscored the importance of
vigilance and advocacy to overcome obstacles and achieve their goal of
adoption.
CHILDREN’S HOMES NOT SPARED
Speaking to The Observer, a
source who declined to be named, said probation officers have turned the
adoption process into a money-making business to the extent that they
delay the process until you pay them.
Whichever office you go to, you have to
pay money, yet you have children to look after. The probation officers
are corrupt, and when you complain, you become their enemy.
“The process is so stressful. You
facilitate every process. When a child is abandoned, the children’s home
owner has to advertise the child until it is confirmed that there is no
one claiming ownership of the child. You also have to go back to the
village where the child was picked, with details of the child and
pictures, and all that requires money,” she said.
“When it comes to the process of
adoption, you have to carry out your investigation, and in that, you
have to pay the local council for the letter, facilitate police
officers, and facilitate the production of the medical report about the
child; so, it is a long process and it requires money,” she said.
MANY CHILDREN IN UNAPPROVED HOMES
Butanda said the ministry has started the process of identifying and closing unregistered homes.
“We have identified 105 children’s homes
operating illegally in the country, and the majority of them are in
Wakiso, Kampala, Mukono and Jinja.
“We have support from development
partners to prepare these districts to close these unapproved homes, and
we are in advanced stages. We have trained the leadership, both
political and technical, to enable them to have the necessary skills to
ensure that we close these facilities,” he said.
He added, “We have had meet- ings with
the directors of some of these unapproved child homes, and in March, we
shall assess them and see the numbers of children in these facilities.
On closure, we shall send some children to foster parents, trace them,
and reintegrate some of them with their relatives, while those who have
nowhere to go will be placed in the homes around them.”
CORRUPTION TENDENCIES
According to Butanda, the government is
supposed to meet all the facilitation costs for probation officers.
However, probation officers sit at the district level, where resources
are limited. The probation officer, like any other human being, can now
think of asking the applicant whether they can be supported to do their
work, and between supporting and facilitation, that is where corruption
comes in.
“If maybe someone needs Shs 500,000 to
do that process, he might end up asking for Shs 3 million. As a person, I
think if an applicant is willing to facilitate, it is okay. But if it
is about buying a service, I don’t support it. If that person has
evidence against someone, he can report the matter to the
anti-corruption agency, the police to investigate, and others,” he said.
He said if you give a government officer
Shs 6 million and you sit somewhere and you don’t even follow up, that
is an injustice to yourself and the child. Someone who goes to an
unapproved home and decides to start a process of fostering and adoption
is operating with an illegal entity.
MINISTER OF GENDER SPEAKS OUT
Interviewed for this story,
Nyirabashitsi Sarah Mateke, the minister of state for Youth and Children
Affairs in the ministry of Gender, Labour and Social Development, said,
“There must be a problem somewhere; those complaining should walk into
my office for help because the department is dedicated to that”.
“The process of adopting a child is a
bit long, which includes going to the field to establish the details
about the child, a panel that looks into the gathered information, and
then presenting the report to the Family court, which decides on that
matter. We said Family court, not any other court, because we had some
challenges some time back,” she added.
“We investigated a case some time back
where they said the child’s parents died, yet they are alive and
well-off. They had cows and a banana plantation; so, they lied to the
probation officer, and therefore we don’t rush; there may be something
hindering the process,” she said.
She said in November 2023, the ministry started closing unregistered orphanages in the country.
“We started in the Central region, which
had so many unregistered homes and orphanages, and we shall soon move
out to other parts of the country,” she said.
“We have support from development partners to prepare these districts to close these unapproved homes, and we are in advanced stages. We have trained the leadership, both political and technical, to enable them to have the necessary skills to ensure that we close these facilities,” he said.
