海角大神

JOHANNESBURG, SOUTH AFRICA 鈥� Malawi鈥檚 courts rejected the application of pop star Madonna to adopt a second child from that country, a decision that reignited the debate about what is in the best interests of that country鈥檚 2 million orphaned children.

In its decision, Malawian Judge Esme Chombo rejected Madonna鈥檚 adoption petition for four-year old Mercy James, noting that Malawian law makes no provision for intercountry adoption and that it requires prospective parents to be residents of Malawi for at least 18 months.

Madonna鈥檚 previous adoption of a young boy named David Banda, in 2006, was controversial precisely because it appeared to sidetrack Malawian law. The adoption of young David, now 4 years old, was formalized in London in 2008.

Child rights activists hailed Friday's decision.

鈥淚 think this suggests that the government of Malawi realized that it needs to set up a system to protect children,鈥� says Karen Manda, chief of child protection for UNICEF in Malawi.

鈥淭his is not personal,鈥� Ms. Manda says. 鈥淣ot everyone who wants to adopt a child is as famous as Madonna. Unknown people can come to Malawi 鈥� they could be involved in the trafficking of children, they could be pedophiles. If you were adopting in your home country, you would have to go through an adoption agency, and the agency would screen you and deem you to have the character required to raise a child.鈥�

Mavuto Bamusi, national coordinator of the Human Rights Consultative Committee (HRCC), an umbrella body of NGOs that championed the campaign against David Banda鈥檚 adoption, said the ruling was a moment of triumph for all the children of Malawi.

鈥淎ny inter-country adoption outside the rule of law may not be in the interest of Malawian children. Our adoption policy is weak, our adoption law is weak and some people are taking advantage of that,鈥� he said.

Yet, Madonna鈥檚 bid to adopt a second child had the official support of members of the Malawian government.

鈥淢adonna is not kidnapping the child at all," said Women and Child Welfare Development Minister Anna Kachikho. "She is coming through the front door whereby she wants all the legal aspects to be done so that she should take the child. She will give the child the right to protection, right to education, right to comfortable living."

She said many wealthy Malawians have not taken the initiative to support orphans and less priviledged children. "Denying Madonna to take the child is also denying the child the right to parental care. It is high time we looked at adoption positively," she said.

Margaret Ali, executive director of People at Risk, a local NGO, said Madonna should be advised to stay in the country for 18 months as required by the law on inter country adoption. 鈥淲e are not against the adoption, but we are not happy with the shortcuts," she said. "It demonstrates that our laws are too weak and it is time government acted.鈥�

In 2006, critics, including a coalition of human rights groups called Human Rights Consultative Committee, had lambasted Madonna鈥檚 first adoption, of David Banda, saying that the singer had used her wealth and fame to set aside normal adoption procedures.

In court, Madonna鈥檚 lawyers had argued that the singer wanted to adopt Mercy James to spare her the 鈥渉ardship and emotional trauma鈥� of growing up an orphan in Malawi, one of the poorest countries in the world. The young girl had been given up to an orphanage by her grandmother after the child鈥檚 mother died after childbirth at the age of 14; the father鈥檚 identity is unknown.

Madonna has the option of appealing the court鈥檚 decision at the Supreme Court level.

• 听Joseph Kayira contributed to this report from听 Lilongwe, Malawi.