Richard Gleeson
Northern News Services

Yellowknife (Feb 14/00) - Roberta Vaneltsi's latest effort to retrieve her children from the Czech Republic ended with a form letter from the office of United Nations High Commissioner for Human Rights.

"The High Commissioner is not in a position to assist you in the matter raised by your communication," reads the brief Dec. 1999 reply to her detailed appeal for help getting her children back from the Czech republic.

Below the bad news, one in a series of explanations is checked off: "Your communication does not provide sufficient details as to the facts of your case and/or as to how your Covenant rights have been violated."

For the past six years, the Gwich'in woman, who now in Yellowknife, lives has been working to have her children returned to her. During that time Roman, 14, and Petra, 11, have been living with Vaneltsi's estranged husband, Petr Cerny.

When Vaneltsi and Cerny split up in 1994, a court- approved a custody arrangement to have the children spend alternate years with each parent. Vaneltsi turned the children over to Cerny after having them for the first year. He took them to his native Czech republic and has not returned them since.

Vaneltsi says Cerny is pushing Roman to follow his dream of becoming a professional hockey player, causing friction between her and her son.

"I think his goal right now should be to go to school and get a good education. But he doesn't see it that way. He says I'm trying to ruin his career. I said, 'You don't have a career.'"

Vaneltsi is also concerned about her daughter growing up in a country Vaneltsi said treats women as second-class citizens.

Cerny said last Thursday the children won't be returned any time soon.

"In my opinion and in the opinion of educational experts, it's in the best interests of the children to stay here," said the former Inuvik resident. Cerny said it would be too upsetting for the children to spend a year with each parent in each different country.

In 1997, a Czech court agreed with Cerny and awarded him sole custody of the children. A year before, a Canadian court awarded Vaneltsi sole custody of the children and issued a warrant for the arrest of Cerny for abduction, two things Vaneltsi says weren't considered at the Czech custody hearing.

"They have their lives, they have their interests, they have fully responsible lives," says Cerny.

Both he and Vaneltsi are critical of the other's parenting ability.

Vaneltsi's common-law husband, David Wladyka, said the law that protects Cerny prevents the simplest solution -- "We should just grab 'em and go. Unfortunately, Ottawa says if you do that, you'll be picked up for abduction."

Vaneltsi's plea to the United Nations arose out of her understanding of the United Nations Declaration of the Rights of the Child, of which the Czech Republic is a signatory.

In part, the declaration reads: "the right of a child separated from one or both parents to have regular personal contacts with both parents is guaranteed, for example, by the court's duty to decide in divorce cases on the contacts of the child with the parent who does not have any custody of the child."

Vaneltsi's best hopes of getting her children back now rest with Western Arctic MP Ethel Blondin-Andrew.

Recalling a meeting set up by Mackenzie Delta MLA David Krutko in January, Vaneltsi said Blondin-Andrew agreed to set up a meeting for Krutko and Vaneltsi with a parliamentary committee dealing with foreign affairs. Vaneltsi said Blondin-Andrew also agreed to plead her case to Foreign Affairs Minister Lloyd Axworthy.

Last April, Krutko initiated a motion, subsequently approved by the NWT legislative assembly, directing the territorial government to do what it can to help Vaneltsi.

GWNT press secretary Judy Langford said after the government passed the motion a letter was sent to Axworthy urging him to take action to help Vaneltsi.

A Justice Department review of the case concluded the territorial government had no legal standing in international affairs.

The meeting with Blondin-Andrew raised hopes, but experience has taught Vaneltsi to temper her optimism.

So far, her struggle has done little more than highlight the impotence of Canadian court rulings in other jurisdictions, the ineffectiveness of lofty United Nations conventions and inaction by politicians and foreign affairs officials.