Iraq Joins 1980 Hague Child Abduction Convention

Iraq Joins 1980 Hague Child Abduction Convention: Becomes 92^nd Contracting Member Nation To Multi-National Child Abduction Treaty

Starting with Japan becoming a Contracting Member of the 1980 Hague Child Abduction Convention followed by Iraq’s acceding to the 1980 Hague Child Abduction Convention, 2014 has had a very good start for individuals dedicated to prevent international parental child abduction and trafficking. Under the auspices of the Hague Secretariat’s critical diplomatic work, 92 countries have now joined the table of nations dedicated toward working unilaterally at solving the global child abduction pandemic.

On April 9^th, 2014 Iraq acceded to the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, which now counts 92 Contracting States as members to the multi-national treaty.  

Under Hague Conference on Private International Law Secretary General Dr. Christophe Bernasconi’s leadership, continued multi-national participation amongst countries that previously were hesitant to join the table of nations under the child abduction convention continues to grow. Previously, on January 24^th, 2014 Japan became the 91^st Contracting State to the Hague Child Abduction Convention. 

Iraq’s accession of the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction occurred with little public notification, but has in fact sent a very loud message in the international community that the Hague Secretariat is proactive in the stance to protect children from abuse, including international parental child abduction.  Equally, Iraq and Japan’s accession to the Hague Child Abduction Convention demonstrates that diplomacy, more than anything else, is the key element needed when guiding non-member countries to join the child abduction treaty.

Similar to Japan’s decision to join the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, Iraq’s decision sheds light that countries around the world are strongly recognizing the gravity and severe problems of international parental child abduction while also recognizing the need to stop international child kidnappings. Iraq’s participation in the Hague Child Abduction Convention, similar to Japan’s participation, enforces the global belief that the correct global mechanisicm to protect children from international parental child abduction is the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction under the auspices of the Hague Secretariat.

It is important to note that Iraq and Japan are geographically located in regions of the world where, due to religious and cultural reasons, were hesitant to previously join the child abduction convention. However, as the past two months have demonstrated, the governments who previously were hesitant to address child abduction by participating in The Hague Child Abduction are now doing so (As an example, the Republic of Korea {South Korea} became a Contracting Member on March 1^st, 2013). 

Today, as we take exceptional note of the remarkable progress and effort the Hague Secretariat has made bringing previously hesitant countries to become Contracting Members of the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, we must also point out that it is critically necessary for all Contracting Members to work together to increase the viability of the office of the Hague Secretariat so that the multi-national conventions (38 including the Hague Child Abduction Convention) can be effectively used to assist those individuals they are intended to help.  In the view of the I CARE Foundation, this includes calling upon each Contracting Member to increase their financial support to the Hague Secretariat by increasing both the mandatory financial requirement and voluntarily increasing participation to the supplemental budget. Unquestionably, by increasing the financial capability of the Hague Conference, there will be much-needed opportunity to implement new and much needed education and outreach programs, which would in effect, cause all nations to become more compliant with the various intergovernmental conventions under the auspices of the Secretariat General.

As for countries that have still not become a Contracting Member of the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, there is optimism that this will change as countries such as Indonesia, The Philippines, India and other nations continue to heavily consider accession of the Hague Child Abduction Convention.

The U.S. Government has not yet accepted Iraq’s accession. Accordingly, as of today’s date the Convention is not in force between the United States and Iraq, and child abductions from or to Iraq and from or to the United States are not yet covered by the Convention.

In additional international family law and Hague Conference news, on 9 April 2014, during the Council on General Affairs of the Hague Conference, Singapore became the 76th Member of the Hague Conference on Private International Law by depositing its instrument of acceptance of the Statute of the Organization.

On the same occasion, Brazil acceded to the Hague Convention of 18 March 1970 on the taking of Evidence Abroad in Civil and Commercial Matters which now counts 58 Contracting States

Finally, the European Union approved the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance (hereinafter the 2007 Hague Child Support Convention).

For more information about international parental child abduction, please visit The I CARE Foundation.