HONDURAS' NONCOMPLIANCE WITH THE HAGUE:

US Department of State's 2009 Report

The United States continues to view Honduras as noncompliant due to its ongoing failure to carry out its obligations under the Hague Convention.  As in 2007, the Department finds Honduras  not compliant with the Convention in 2008.  The Honduran Central Authority has made little progress toward meeting its obligations  under the Convention.  After many months of inability to communicate  with members of  the Honduran Central Authority, the USCA has successfully reestablished communication with a staff member of the Honduran Central Authority but it is apparent that the Honduran Central Authority has inadequate staff to perform the required functions set forth in the Hague Permanent Bureau's Guide to Good Practice.  The USCA notes that it is difficult to learn of the outcome of Convention proceedings or the efforts of law enforcement  due to this communication barrier.

In early 2004, the Honduran Congress ratified the Hague Convention, but Honduras has not passed any legislation implementing the Convention in Honduran Law.  The Honduran legislature introduced a decree to approve the "National Law to Resolve International Child Abdution Cases" before the end of 2007, but the legislature has not yet passed that law.  During 2008, the Ministry of Foreign Affairs agreed to accept the transfer of the Central Authority responsibilities from the Honduran Institute of Children and Families.  New legislation reflecting this change in the Ministry of Foreign Affairs' responsibilities and establishing specific legal procedures in implementing the Convention is currently under consideration.

Only one abduction case was resolved during the reporting period.  This resolution, however, resuled from the taking parent's voluntary decision to return the child to the United States.  Two cases were reported in 2007, both of which remain unresolved at the end of this reporting period.  These cases are discussed in the "Unresolved Return Applications" section of this report and are examples of the systemic, institutional weakness of Honduras' Convention progress.  As in 2007, courts were unreliable in adjudication of first instance Convention claims, and reviewing courts rejected meritorious claims without adhering to Convention principles.  The USCA notes that judicial training is scheduled for Honduran judges in 2009 in an effort to increase understanding of the Convention's requirements.