HR ministry directed to draft strict legislation against illegal organ transplantation

Islamabad

National Assembly Standing Committee on Human Rights on Friday directed the Ministry of Human Rights (MOHR) to draft a strict legislation against illegal organ transplantation within the next month.

The committee also expressed concern over ineffective implementation of the existing “Transplantation of Human Organs and Tissue Act 2010” as no conviction has been made under this law so far. The committee was told that since the enactment of this law, 15 cases were registered but most were settled out of the court.

Professor of Pathology, Sindh Institute of Urology and Transplant (SIUT), Dr. Mirza Naqvi Zafar briefed the committee about the existing situation of illegal organ transplant in the country. He said that illegal organ transplant is carried out in several cities of Punjab. “Currently, 90 per cent of organ transplant performed in Pakistan is commercial with 40 per cent of the total is taking place in Rawalpindi. No legal procedure is followed in the process,” he said.

Highlighting another appalling trend, he said that Pakistani people are also donating half livers to foreign nationals. “Donors are taken to China where the procedure is performed. It is a very complicated procedure and sadly most donors never return back to the country and many are declared missing persons,” he said.

He informed that under the law, it is mandatory that every transplant should be performed after the approval of Evaluation Committee and be monitored by the Monitoring Authority but unfortunately it is not implemented which put the lives of poor people in danger.

A letter of Director and Professor SIUT and member Declaration of Istanbul (DoL), an international body, Dr S Adibul Hasan Rizvi, was also shared with the meeting participants. In the letter, Dr S Adibul Hasan mentioned that he has received cases from Canada, Australia, Saudi Arabia and Kuwait in which allegations are made that illegal kidney transplant is performed in many cities of Punjab.

“The medical condition of the recipients of transplanted kidneys is life threatening when they reach their home country. Kwait reported that during 2016, they have received 11 cases of illegal kidney transplants performed in Pakistan,” says the letter adding that the organ mafia is well connected and continues to operate with impunity. “The poor continue to suffer and Pakistan continues to suffer disgrace in the comity of nations.”  Chairing the Standing Committee meeting, Member National Assembly Baber Nawaz Khan suggested the Ministry of Human Rights to enhance the punishment of people involved in this trade. He said that, under the new law, the medical centres and hospitals found involve in this crime would be confiscated by the government.

The chairman asked the Ministry of Foreign Affairs to write letters to their ambassadors appointed in different countries directing them not to give visa to any foreigners for medical treatment in Pakistan. The committee also took strong notice of the complaint that Human Organ Transplant Authority (HOTA) is issuing licences to hospitals without following proper procedure. The participants were unanimous of the opinion that poverty is the root cause of organ tourism in Pakistan.  Information shared by Human Transplant Authority (HOTA) mentioned that in past the ratio of organ transplant was quite high in the country as approximately 2,000 kidneys transplant were performed in 2006 out of which 1,500 were foreigners. After the promulgation of organ transplant act, HOTA claimed that the figures decreased prominently.

“From September 2007 to March this year, 4,924 kidney transplant were conducted, while during this time span 301 liver transplants, 315 Bone Marrow Transplant and 80 corneal transplants were held and no foreigner was provided kidney during this time period,” claimed the information.

Representative of Punjab Police said that arrests were made in past but the accused were bailed in almost all cases as a result of out of the court settlement. He said only Police could not be blamed for lack of the implementation of law as the role of HOTA, Evaluation Committee and Monitoring Authority is as important as law enforcing agencies.  Secretary Ministry of Human Rights, Nadeem Ashraf, suggested that MOHR would write letters to interior secretaries of all the provinces to direct Regional Police Officers (RPOs) for ensuring strict implementation of the law and form monitoring teams for regularly visits to the hospitals and medical centres.