CUBSMUN 2024

UNITED NATIONS
HUMAN RIGHTS COUNCIL
Agenda: Addressing the human rights
implications of organ trafficking and trafficking in
persons for organ removal

BACKGROUND GUIDE
LETTER FROM THE
EXECUTIVE BOARD

Dear Delegates,
It gives us great honour and immense pleasure to
welcome you all to the United Nations Human Rights
Council at CUBSMUN 2024. As representatives of
member nations of the UNHRC, you are tasked with
debating, deliberating, and reaching a consensus on the
agendas at hand.
This background guide has been designed to help you get
started on your research. However, this document
shouldn’t be your only source of research. Building upon
the outlook presented by this guide, you are expected to
carry out your own research through authentic sources
and make sure to engage in comprehensive and
pragmatic debate throughout the sessions. The
background guide has been drafted thoroughly to ensure
a holistic overview of both agendas which can help you
better understand the crux of the issues at hand and how
to direct the committee towards the desirable direction in
order to achieve consensus and address the issues being
discussed in committee.
The Executive Board will not interfere in the flow of
debate unless absolutely required. Therefore, the onus to
ensure that the committee does not stagnate lies on the
delegates. We strongly believe that with good research,
the delegates will be able to steer the committee in the
right direction.
That being said, we sincerely hope that all delegates
maintain the highest standards of decorum and be on the
best behaviour during the days of the conference.
LETTER FROM THE
EXECUTIVE BOARD

Remember, you must emulate the behaviour of a diplomat

representing your country to the best of your ability.
Please do not hesitate to get in touch with the Executive
Board at any time before or during the conference in case
you have any queries about the agendas or the rules of
procedure. Further, we have added one addendum to this
letter that talks about the nature of evidence entailed in
this simulation.
We request the delegates not to view this conference as a
zero-sum game. Model UN conferences are collaborative
rather than competitive and we would like to keep this
spirit alive during our committee. Our goal isn’t to solve
the world’s problems in three days, but rather to educate
ourselves about them, thereby ensuring that we go on to
become a generation of sensitised leaders, equipped with
the skills and desire to make our world a better place.
With that being said, we wish you all good luck and
eagerly look forward to the conference.
With warm regards,
Chairperson: Smriti Bhardwaj
Vice Chairperson: Kshitij Saha ([email protected])
Moderator: V Vijay Harsha
ADDENDUM: NATURE AND
PROOF OF EVIDENCE

Documents from the following sources will be considered

as credible proof for any allegations made in committee
or statements that require verification:
Reuters: Appropriate Documents and articles from the
Reuters News agency will be used to corroborate or
refute controversial statements made in committee.
UN Documents: Documents by all UN agencies will be
considered sufficient proof. Reports from all UN
bodies including treaty-based bodies will also be
accepted.
National Government Reports: Government Reports of
a given country used to corroborate an allegation on
the same aforementioned country will be accepted as
proof. The documents stated above will hold a binding
nature of establishment.
Other sources like Wikipedia, Amnesty International, or
newspapers like the Guardian, and so on and so forth will
not be accepted as credible proof; but may be used for a
better understanding of any issue and even be brought up
in debate, if the information given in such sources is in line
with the beliefs of a government or a delegate. The
background guide cannot be used or cited as a valid
source for credible proof.
OVERVIEW OF THE
COMMITTEE

A. Introduction to the Human Rights Council

Human rights are inalienable entitlements established not
by law, but by human birthright, and the history of human
rights has been shaped by all major world events and by
the struggle for dignity, freedom, and equality
everywhere. However, human rights gained formal
recognition only after the inception of the United Nations
(UN) and the establishment of the UN Charter. In its
subsequent attempt to “promote and encourage respect
for human rights and fundamental freedoms for all”, the
UN established specific Charter-based and Treaty-based
mechanisms. Charter-based mechanisms derive from
provisions of the charter whereas treaty-based
mechanisms include the international conventions and
covenants, along with their respective treaty bodies, that
aim to promote, protect, and safeguard the human rights
of all individuals.
The Human Rights Council (HRC) is a UN subsidiary body
established under the UN Charter. It is the main organ of
the United Nations (UN) responsible for strengthening the
promotion and protection of human rights around the
globe. The HRC is mandated to respond to urgent human
rights crises and make pertinent recommendations for the
cessation of human rights violations prevalent around the
world. It has a global scope and works to promote all
human rights and uphold the integrity of International
Conventions and Covenants on Human Rights. As a part of
the treaty-based mechanisms, the Universal Declaration
for Human Rights (UDHR)1 was adopted by the General
Assembly as a “common standard of achievement” for all
peoples and countries to pursue the protection and
promotion of human rights.
OVERVIEW OF THE
COMMITTEE

After decades of standing alone as the only landmark

document on human rights, it was joined by the
International Covenant on Economic, Social and Cultural
Rights (ICESCR)2, and the International Covenant on Civil
and Political Rights (ICCPR)3 and its two Optional
Protocols to comprise the International Bill of Rights.
To further facilitate the implementation of the UDHR, the
UN Secretariat established a UN department responsible
for overseeing its human rights program. This department,
known as the Centre for Human Rights, expanded its
reach in the 1980s and moved from New York to Geneva.
In 1993, at the World Conference on Human Rights,
Member States created the Office of the UN High
Commissioner for Human Rights (OHCHR)4 with the
responsibility of coordinating the human rights agenda
across all intergovernmental agencies and departments
within the UN. OHCHR is responsible for the substantive,
logistical, and administrative needs of all UN human rights
mechanisms, including core treaty-based bodies, thematic
working groups, and the HRC.

https://www.ohchr.org/en/universal-declaration-of-human-rights
2https://www.ohchr.org/en/instruments-mechanisms/instruments/international-
covenant-economic-social-and-cul tural-rights
3https://www.ohchr.org/en/instruments-mechanisms/instruments/international-
covenant-economic-social-and-cul tural-rights 4
https://www.ohchr.org/en/ohchr_homepage
OVERVIEW OF THE
COMMITTEE

Source: https://www.minorityrightscourse.org/mod/page/view.php?id=1626
OVERVIEW OF THE
COMMITTEE

B. Partnerships
The HRC continues to spearhead global efforts in
upholding human rights by forging partnerships and
providing assistance to non-governmental organisations
(NGOs), National Human Rights Institutions (NHRIs) of
member nations, and other civil society actors playing a
role in safeguarding and promoting human rights. These
partnerships facilitate many of the HRC’s major initiatives,
including providing humanitarian assistance and aid
through programs or frameworks targeting groups
deprived of their access to fundamental human rights and
freedoms. NGOs that have received Economic and Social
Council (ECOSOC) consultative status and NHRIs can
directly address HRC during discussions and debates and
inform it of situations occurring in their home states.
Groups and NGOs that have not achieved ECOSOC
consultative status can also provide written documents on
a Member State as part of the Universal Periodic Review
(UPR) which serves to assess the human rights situations in
all United Nations Member States.
C. Mandate and Functions
The HRC possesses a unique and comprehensive mandate
outlined in General Assembly resolution 60/251 of 2006
on the “Human Rights Council” and guided by the
principles of “universality, impartiality, objectivity and non-
selectivity, constructive international dialogue, and
cooperation.” The General Assembly mandates the HRC
to promote universal respect for human rights and
fundamental freedoms; to address and provide
recommendations on all,
OVERVIEW OF THE
COMMITTEE

particularly grave and systematic violations of human

rights, and to promote an effective system of coordination
within the UN system with respect to human rights issues.
In 2007, the HRC adopted resolution 5/1 on “institution-
building,” which established mechanisms and structures to
guide its program of work, rules of procedure, and other
operational functions. The resolution also established the
format for the Special Procedures, the UPR, and the
Complaint Procedure, which comprise the main powers of
the HRC.
Special Procedures are mechanisms that enable
independent parties to report, monitor, and advise on
country-specific or thematic situations for the HRC. Each
investigation has a mandate and a mandate holder, who
is typically a Special Rapporteur, an independent expert,
or a working group, to carry out the investigation. Special
Procedures are empowered to undertake country or field
visits, with the support of OHCHR, and to bring specific
cases and concerns to the attention of Member States.
They can send communications detailing accusations of
violations or abuses of human rights, engage in advocacy
efforts, and offer technical assistance when possible.
D. Universal Periodic Review
The Universal Periodic Review (UPR) is a unique process
conducted by the United Nations (UN) Human Rights
Council. It involves the assessment of the human rights
records of all UN Member States. The UPR was
established in 2006 with the aim of ensuring that every
country's human rights situation is scrutinized by both the
international community and the country itself.
ADDRESSING THE HUMAN RIGHTS
IMPLICATIONS OF ORGAN TRAFFICKING
AND TRAFFICKING IN PERSONS FOR
ORGAN REMOVAL

A. Overview
Organ trafficking is regarded as one of the most heinous
crimes of the last several decades. It emphasizes how
enormous advances in technology and medicine—like the
ability to save a patient's life by transplanting organs from
a living person or cadaver—sadly coexist with organized
crime practices that exploit the human body and
undervalue an individual's right to self-determination.
Prior to proceeding, it is imperative to clarify that the
trafficking of human organs and the trafficking of humans
for the purpose of organ removal are distinct criminal
offences that should not be confused with one another.
Having said that, it should be noted that the two offences
are occasionally, if not frequently, committed together11.
Organ trafficking involves a wide range of illegal
activities; these include the unlawful removal of kidneys
following coercion and exploitation of the donor or victim
by an agent, as well as the murder of a victim in order to
remove a crucial organ, such as the heart. No one has
been killed in order to remove organs from the body.
The fact that the issue is international in scope is another
crucial factor. The "players of the game," who include
surgeons, donors, beneficiaries, criminal agents, heads of
criminal organisations, and travel agencies, are numerous
and difficult to locate, but perhaps most intriguingly, they
typically originate from and conduct business in various
regions of the world13. For example, a criminal
organization's headquarters might be in Egypt, agents
might be in Syria gathering victims, and the recipient
might be anywhere in the world. To meet the recipient,
the donor or their organs will travel the entire world. The
funds will move with them.
ADDRESSING THE HUMAN RIGHTS
IMPLICATIONS OF ORGAN TRAFFICKING
AND TRAFFICKING IN PERSONS FOR
ORGAN REMOVAL

As a result, the problem under discussion is a prime

illustration of the positive and harmful impacts of
globalisation, which spreads throughout the entire world
with very few, if any, exceptions. To address this, all
Member States are invited to become involved. Stated
differently, it is a global public health concern that
emerges from the shortcomings of national health
systems, the disparity between organ supply and demand,
and the absence of suitable regulatory frameworks.
The crime targets today's socially vulnerable populations,
including children, migrants, prisoners, and people who
live in poor nations in appalling conditions with pitifully
low salaries. The United Nations General Assembly's Third
Committee requests that the
How may the requirements of the mandate be met? How
might the issue be resolved? Has it been sufficiently and
thoroughly explored to put it on the correct track for
resolution? Are all Member States prepared to take
accountability for allowing such immoral behaviour to
happen? What steps can be taken now and in the future
to stop people from literally chopping off portions of their
bodies in order to make money, or even worse, losing their
lives or their mental and physical health?
ADDRESSING THE HUMAN RIGHTS
IMPLICATIONS OF ORGAN TRAFFICKING
AND TRAFFICKING IN PERSONS FOR
ORGAN REMOVAL

Historical Background
The 1980s saw the first revelations on the commercial
traffic in human organs; these stories focused on the sale
of kidneys by impoverished Indian people to patients
abroad, primarily from the Middle East. A study revealed
that over 80% of kidneys obtained for transplantation at
Indian medical facilities were given to patients from the
Gulf States, Malaysia, and Singapore. According to a first
scientific research published in the Lancet, 131 kidney
patients from the United Arab Emirates and Oman,
together with their physicians, flew to Bombay where local
paid "donor" kidneys were implanted. The fact that many
of the patients experienced difficulties following surgery
worried the writers more than the commercialism.
This occurred prior to the Indian Transplantation of Human
Organs Act of 1994, which made the purchase and sale of
human organs illegal. However, there have also been
repeated reports since 1994 of foreign patients coming to
India in quest of a kidney donor for payment: Goyal
detailed the experiences of over 300 Chennai residents
who sold kidneys illegally between 1994 and 20003. Data
suggests that financial incentives may have influenced
organ allocation, even in developed nations where it is
purported that no overt payment for organs is made. For
example, in the 1980s, European and American transplant
surgeons actively sought out wealthy foreign patients to
come to their transplant centres for a priority transplant.
ADDRESSING THE HUMAN RIGHTS
IMPLICATIONS OF ORGAN TRAFFICKING
AND TRAFFICKING IN PERSONS FOR
ORGAN REMOVAL

There have been recent media reports suggesting that the

economic and financial crisis in Europe may be
contributing to an increase in human trafficking,
especially that which involves the removal of organs.
Additionally, it is known that organ solicitations,
particularly in Southern Europe and Russia, are becoming
more common on the internet and in newspaper ads.
Serious, though as of yet unverified, rumours have been
going around regarding the purported trafficking of
Syrian refugee organs and their sale on the "black market"
for organs in Turkey and Lebanon. Additional concerning
reports indicate that organ trafficking activities are
moving to Latin American nations (Peru, Costa Rica, and
Panama). This prompted a meeting between judicial
officials from Central America and the Dominican
Republic in June 2012. Finally there is recent evidence of
THBOR networks in Vietnam-China, and Cambodia-
Thailand.
Protecting Vulnerable Groups
In the World Health Organization’s “Guiding Principles on
Human Cell, Tissue and Organ Transplantation” it is clearly
stated that the decision to remove an organ must be an
honest, well-informed choice, which “requires full,
objective, and locally relevant information and excludes
vulnerable persons who are incapable of fulfilling the
requirements for voluntary and knowledgeable
consent”107.
ADDRESSING THE HUMAN RIGHTS
IMPLICATIONS OF ORGAN TRAFFICKING
AND TRAFFICKING IN PERSONS FOR
ORGAN REMOVAL

TIn Article 3 of the Trafficking in Persons Protocol”

indicates that the ‘mere existence of proven vulnerability
is not sufficient to support a prosecution that alleges the
abuse of a position of vulnerability as the means by which
a specific ‘act’ was undertaken. In such cases both the
existence of vulnerability and the abuse of that
vulnerability must be established by credible evidence.’
[…] ‘The existence of vulnerability is best assessed on a
case-by-case basis, taking into consideration the
personal, situational or circumstantial situation of the
alleged victim’108. This means that a vulnerable person’s
situation may be easily hidden and their consent may be
effortlessly forged by those who operate depending on
carefully scripted cover-up stories and corruption109.
Impoverished people
There are many injustices and inequalities in this world,
and financial disparities make them more obvious.
International criminality preys on the impoverished.
Unfortunately, the rich and powerful who can afford to
pay $100,000 US for a kidney are the ones who seek the
organs, while the victims of the crimes of international
human organ trading and trafficking for the purpose of
organ removal are the ones who supply the organs.
It is very likely that a farmer who makes less than $5 USD
per week while living in a hut in a Nepalese hamlet will
accept if they are guaranteed the opportunity to earn the
equivalent of one or two years' worth of labour all at
once.
ADDRESSING THE HUMAN RIGHTS
IMPLICATIONS OF ORGAN TRAFFICKING
AND TRAFFICKING IN PERSONS FOR
ORGAN REMOVAL

Children
Any person under the age of 18 is considered a child by
international law. When it comes to trafficking in children,
for the purpose of organ removal specifically, consenting
to an organ transplant is even more insignificant and it is
pointless to even refer to it as a possible justification of
the act. According to the Optional Protocol to the
Convention on the Rights of the Child on the sale of
children, child prostitution and child pornography, it is
enough for a situation to be considered as child
trafficking if the underage victim is being recruited,
transferred, transported, harboured, or received.
The bigger picture does not have to include deception,
force, or abuse of a position of vulnerability. Of course,
when it comes to trafficking for the purpose of organ
removal, it is most likely that the latter are included,
making such exploitation an even more horrific criminal
act. During a UN press interview, it was mentioned that
18,000 Syrian children were victims of organ harvesting in
Turkish hospitals, where they were being treated for minor
injuries- that has yet to be completely confirmed.
Refugees
One of the most vulnerable groups of the international
scene that really does experience the effects of conflict
and international dispute, are refugees. Unfortunately,
refugees do fall under the category of the victims of
international organ trade, due to the situation that they
are found into.
ADDRESSING THE HUMAN RIGHTS
IMPLICATIONS OF ORGAN TRAFFICKING
AND TRAFFICKING IN PERSONS FOR
ORGAN REMOVAL

According to a BBC report, a broker in Beirut, Lebanon,

states that "I do exploit people'' and that “many could
easily have died at home in Syria, and that giving up an
organ is nothing in comparison to the horrors they have
already experienced” 125 ."I'm exploiting them," he says,
"and they're benefiting."Refugees that become victims of
organ trafficking and have non-vital organs removed
(such as a kidney or even an eye) accept such offers
because they are aiming to a better life in a country
where there is no conflict. If they do not have the means
to afford going to a safe country, some of them are
willing to do anything to provide for themselves and their
families, even if this means one less organ and lower
quality of health127.
There are a lot of Syrian, Somalian, Eritrean and Sudanese
refugees who are trying to get to Europe but they do not
have the money to do so and hence, they sell an organ
and that pays for their transfer to a European country.
They take advantage of “middle” countries, such as Egypt,
and their loose legal framework and controlling of such
criminal incidents. In a report presented in the European
Parliament in 2012 it was stated that African refugees
were exploited and were found dead in the Sinai desert
with their organs missing by corrupt Egyptian doctors.
Prisoners
Another group that may easily be exploited are prisoners.
Organ removal from prisoners is not a crime that is
widespread throughout the world, meaning that there
haven’t been reports of it in many countries.
ADDRESSING THE HUMAN RIGHTS
IMPLICATIONS OF ORGAN TRAFFICKING
AND TRAFFICKING IN PERSONS FOR
ORGAN REMOVAL

It is, however, part of the construction of the transnational

nature of international organ trafficking. A large number
of reports of organ harvesting have been published about
the People’s Republic of China, making the country
become one of the most important case studies when it
comes to research of organ harvesting from imprisoned
people.
1.1 Substandard medical services and medical
complications
One can easily realise that when a medical operation is
committed illegally and in secrecy it cannot be of high
quality. That has been proven through the surgeries
suppliers or victims have had, which have caused a
number of irregularities in their health.
There have been numerous incidents in which victims who
underwent surgery could not make it through. More
specifically, due to the substandard medical services
anesthesiologists, surgeons, nephrologists (when it comes
to kidney malfunctions and transplants), nurses, and other
medical staff provide, many medical complications are
caused pre-operation, during the operation, and post-
procedure. Viruses are transmitted to the suppliers due to
low-quality hospitals, such as the HIV or hepatitis B C.
Serious diseases may be caused, like AIDS, hypertension,
and chronic.
ADDRESSING THE HUMAN RIGHTS
IMPLICATIONS OF ORGAN TRAFFICKING
AND TRAFFICKING IN PERSONS FOR
ORGAN REMOVAL

The actors of health care services are unreliable 146 . In

detail, hospitals do not necessarily have to be places
where illegal operations are performed but in some cases,
like in the South African Nectare case, they act as the
brokers themselves- the suppliers are aware of the illegal
medical activity the hospital engages in and they
approach the facility. Also, the laboratories that examine
urine and blood tests both from the supplier and the
recipient to check if they are matching to commit
together in, usually a kidney transplant, quite often forge
the results and announce “a matching pair” when in reality
it is not. That may not only cause a failed organ transplant
and leave the recipient with the same problems as before
the operation but also put the supplier’s life in danger.
Finally, the brokers or, in other words, the middlemen seek
the success of the deal between the supplier and the
recipient by misleading hospital personnel who are
unaware of illicit undertakings. They come up with
carefully scripted cover-up stories to convince them that
the donation is a purely voluntary act. They also forge
legal documents that prove that the transplantation is
between relatives, when in reality the supplier and the
recipient have never met each other, and they live in
completely different environments and under
contradictory circumstances.
ADDRESSING THE HUMAN RIGHTS
IMPLICATIONS OF ORGAN TRAFFICKING
AND TRAFFICKING IN PERSONS FOR
ORGAN REMOVAL

1.2 The need for physical and mental follow-up care

for donors and the consequences of its absence
From the aforementioned it is obvious that the victims or
donors are not treated the way a patient is meant to be
taken care of. Post-surgery follow-up care is vital for the
patient’s well-being and -when it comes to organ
removal- also survival. The victims of criminal networks
that are tricked into giving an organ are never sufficiently
informed about the consequences such operations usually
cause and that there may not be any post-medical care.
An organ removal, especially when it comes to kidney
donations, is presented to them as a medical intervention
of great simplicity that shall not be problematic to their
health by any means. However, “trafficking for the
purpose of organ removal entails life-long health
consequences for victims.
Year by year, donors who have not received the required
aftermath care experience a deterioration of their health
and are forced to adjust to a lower quality of life.
Victims of organ trade, as mentioned previously, are low-
class workers and the inability to perform labour jobs is
catastrophic for their daily lives and most of the time
leads them to an even worse point than the one that they
were before agreeing to an organ removal. Their levels of
self-sufficiency decrease constantly.
Inevitably, this physical health state goes hand in hand
with mental disorders due to the high level of anxiety and
depression victims experience after realising that they
have been exploited and that the absence of follow-up
care caused them insufficiencies that will haunt them till
the very end.
ADDRESSING THE HUMAN RIGHTS
IMPLICATIONS OF ORGAN TRAFFICKING
AND TRAFFICKING IN PERSONS FOR
ORGAN REMOVAL

There is a great need for psychological counselling, at

least163 . Solutions for the victims’ participation in
economic and social activities that will aid them to have a
decent quality of life are to be found.
1.3 Organised criminal networks and the profiles of
the people involved
International organ trade and trafficking in persons for
the purpose of organ removal are a significant form of
transnational organised crime. Identifying and tracking
down the modus operandi of criminal networks associated
with organ or human trafficking for organ harbouring is a
process of great complexity.
However, mainly through the analysis of academic
research and media reports, transnational organ trade
could be characterised as “well-organised and extremely
mobile”. A number of actors operating in coordination
allow criminal networks to become successful. One role
within the network completes the other and each step
follows the previous one organically. In order for a
criminal network to be “successful”, there has to be
coercion, fraud and exploitation against marginalised and
vulnerable groups of the international community that are
desperate to alleviate their poverty and accept having an
organ removed (note that such incidents are reported in
relation to kidney removal. Then, the recipient in
desperate need of an organ transplant is connected with
the supplier via the network and finally, with the
participation of travel agents, private hotels, private
hospitals and medical professionals,
ADDRESSING THE HUMAN RIGHTS
IMPLICATIONS OF ORGAN TRAFFICKING
AND TRAFFICKING IN PERSONS FOR
ORGAN REMOVAL

he supplier and recipient travel to the country where the

operation will take place and “exchange” the fulfilment of
their needs- money for the first and extension of livelihood
for the second. It should be once again stated that the
victims don’t always get the fee they were promised by
the brokers . Moreover, a characteristic of contemporary
criminal groups is that there is not a clear division of tasks
and responsibilities for each member. There are different
roles, of course, but sometimes there is an overlap of
responsibilities. Furthermore, some members have multiple
roles in the group.
Τhe participants of the organised criminal networks in
organ trade are;
The international coordinators/brokers, who are
the establishers of the network and are the ones who
decide upon strategic agreements. Otherwise
referred to as “middlemen”, they are the ones who are
in immediate contact with the recipient and negotiate
the recipient’s payments to the network. Those
payments will later be distributed to the members of
the network (brokers, recruiters), to the medical
professionals and maybe to the supplier.
The local recruiters, who are assigned the task of
finding victims, persuade them that by giving an organ
they will fix their financial and social problems. In
order to do so, they hide information about the whole
process and make sure that the supplier or victim will
stick to the decision of “donating” until the operation
takes place, while always counting on the desperate
need of a better life the victims have. Usually, they are
nationals of the country in which they “harbour” in.
ADDRESSING THE HUMAN RIGHTS
IMPLICATIONS OF ORGAN TRAFFICKING
AND TRAFFICKING IN PERSONS FOR
ORGAN REMOVAL

Interestingly enough, findings have shown that a large

number of recruiters were once victims of organ
trafficking themselves. They can also be easily
replaceable.
The medical professionals, who may be surgeons,
anesthesiologists and nephrologists. They originate
from different countries. To aid the doctors, the
involvement of nurses and other medical staff is
mandatory . They ignore the altruistic and ethical
character that organ transplantation must have. They
overlook the scripted cover-up stories that the
suppliers elaborately say with the help of the
recruiters in order to move on to the transplant (they
usually state that they are family members of the
recipient and that they are not receiving any monetary
payment). The surgeons continue with the operation
and usually make large sums of money and gain
publicity in their sector. Doctors that have been
questioned about disregarding the ethical and
altruistic nature of medicine have denied doing so.
The medical facilities in which the transplant takes
place have a principal role in the whole project .
Medical facilities are also the places where the
supplier and recipient get matched via blood and
urine tests. The administrative staff of these facilities
are involved in the publishing of illicit licences and
authorizations- such as, licensing medical personnel,
licensing for the specific purpose of the organ
transplant, licensing of the medical facilities and
approving the organ transplants.
ADDRESSING THE HUMAN RIGHTS
IMPLICATIONS OF ORGAN TRAFFICKING
AND TRAFFICKING IN PERSONS FOR
ORGAN REMOVAL

Additionally, there are also the enforcers, the minders,

the drivers and the translators who are responsible for
more minor tasks that are, at the same time, rather
necessary for the whole process. All of these actors
negotiate and cooperate across borders, they bring
people together who live miles away from each other197
in the most “binding” way possible- the one gives their
organ to the other.
Consequently, one needs to underline the fact that there
are small regional operations, medium sub-regional
operations and large trans-regional operations that
participate in organ trafficking and trafficking in persons
for the purpose of organ removal198.
It is clear that the more transnational organised crime
becomes, the distribution of people and their organs
throughout the world becomes more and more severe and
difficult to hunt down199. There is a great demand for
international cooperation in order to trace the footprints
of the organ trade in all of these countries it operated
in200. Reports and information201 about all of the actors
in criminal networks and detailed understanding of their
exact activity have not yet reached the hands of the ones
that are going to alleviate them202. It is a matter of the
globalised and post-modern era that requires new and
advanced means in order for it to belong in the past.
ADDRESSING THE HUMAN RIGHTS
IMPLICATIONS OF ORGAN TRAFFICKING
AND TRAFFICKING IN PERSONS FOR
ORGAN REMOVAL

According to the United Nations’ Office on Drugs and

Crimes, “If crime crosses borders, so must law
enforcement. If the rule of law is undermined not only in
one country, but in many, then those who defend it cannot
limit themselves to purely national means. If the enemies
of progress and human rights seek to exploit the openness
and opportunities of globalisation for their purposes, then
we must exploit those very same factors to defend human
rights and defeat the forces of crime, corruption and
trafficking in human beings
ADDRESSING THE HUMAN RIGHTS
IMPLICATIONS OF ORGAN TRAFFICKING
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ORGAN REMOVAL

B. Important Definitions
Note: The following definitions are to set context to the
agenda and improve the understanding of the agenda.
These are not to be quoted as direct references in any
speeches or documentation. Only definitions from
recognised sources as mentioned above shall be
considered valid for establishing discussion in committee.
Organ:
Two similar definitions for the human organ are the
following:
“an organ is a self- contained group of tissues that
performs a specific function in the body. The heart, liver
and stomach are examples of human organs.”
“Organ, in biology, is a group of tissues in living prganisms
that have adapted to perform a specific funtion. In higher
animals, organs are grouped in organ systems ; eg., the
esophagus, stomach and liver are organs of the digestive
systems.”
Organ transplantation
Organ transplantation is a surgical process that requires
organs either from a deceased or a living donor, more
specifically;
“An organ transplant is a surgical operation in which a
failing or damaged organ in the human body is removed
and replaced with a functioning one. The donated organ
may be from a deceased donor, a living donor, or an
animal.
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IMPLICATIONS OF ORGAN TRAFFICKING
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In some cases an artificial organ is used. Cadaveric organ

donation involves removing organs from a recently
deceased donor. Living organ donation involves the
donation of one of a paired organ (such as kidneys) or a
portion of an organ (such as a lobe of the liver or lung).
The donor's organ system is still able to function after the
donation.”
The World Health Organization defines organ
transplantation as;
“Organ transplantation is often the only treatment for end
state organ failure, such as liver and heart failure.
Although end stage renal disease patients can be treated
through other renal replacement therapies, kidney
transplantation is generally accepted as the best
treatment both for quality of life and cost effectiveness.
Kidney transplantation is by far the most frequently carried
out transplantation globally. The procurement of organs
for transplantation involves the removal of organs from
the bodies of deceased persons. This removal must follow
legal requirements, including the definition of death and
consent. Kidney donation by well selected living donors
with good health coverage carries negligible risks. This
can only be ensured through rigorous selection
procedures, careful surgical nephrectomy and follow up
of the donor to ensure the optimal management of
untoward consequences.”(World Health Organization)
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ITrafficking in human organs, tissues or cells and

transplant commercialism (THOTC)
THOTC may be defined as;
“The handling of any human organ, tissue or cell obtained
and transacted outside the legal national system for
organ transplantation’. The term ‘trafficking in Organs
Tissues and Cells (OTC)” focuses on the trafficking of
human body parts deriving from either living or deceased
persons (donors). This kind of trafficking has a wide scope:
it may occur as buying and selling of organs/tissues from
living persons, but also as stealing organs/tissues from
deceased persons (at autopsy, in the morgue).21
Transplant commercialism is“a policy or practice in which
an organ is treated as a commodity, including by being
bought or sold or used for material gain.
Trafficking in persons
Trafficking in persons is defined as;
“(a) the recruitment, transportation, transfer, harbouring or
receipt of persons, by means of the threat or use of force
or other forms of coercion, of abduction, of fraud, of
deception, of the abuse of power or of a position of
vulnerability or of the giving or receiving of payments or
benefits to achieve the consent of a person having control
over another person, for the purpose of exploitation.
Exploitation shall include, at a minimum, the exploitation
of the prostitution of others or other forms of sexual
exploitation, forced labour or services, slavery or practices
similar to slavery, servitude or the removal of organs;
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The consent of a victim of trafficking in persons to the

intended exploitation set forth in subparagraph (a) of this
article shall be irrelevant where any of the means set forth
in subparagraph (a) have been used;
The recruitment, transportation, transfer, harbouring or
receipt of a child for the purpose of exploitation shall be
considered “trafficking in persons” even if this does not
involve any of the means set forth in subparagraph (a) of
this article;
“Child” shall mean any person under eighteen years of
age.” (Article 3 of the UN Palermo Protocol)23
Trafficking in persons for the purpose of organ
removal
One could define the previous term as follows;
“Organ trafficking is the recruitment, transport, transfer,
harbouring or receipt of living or deceased persons or
their organs by means of the threat or use of force or
other forms of coercion, of abduction, of fraud, of
deception, of the abuse of power or of a position of
vulnerability, or of the giving to, or the receiving by, a third
party of payments or benefits to achieve the transfer of
control over the potential donor, for the purpose of
exploitation by the removal of organs for transplantation”
Transplant tourism or travel for transplantation
In accordance with the definition of organ trafficking,
transplant tourism is;
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“Travel for transplantation is the movement of organs,

donors, recipients or transplant professionals across
jurisdictional borders for transplantation purposes. Travel
for transplantation becomes transplant tourism if it
involves organ trafficking and/or transplant
commercialism or if the resources (organs, professionals
and transplant centres) devoted to providing transplants
to patients from outside a country undermine the country’s
ability to provide transplant services for its own
population.”25
Donor
According to the World Health Organization, a donor is;
“A deceased or living person from whom at least one solid
organ or part of it has been recovered for the purpose of
transplantation.”26
Complementary, a deceased donor is;
“A human being declared, by established medical criteria,
to be dead and from whom cells, tissues or organs were
recovered for the purpose of transplantation. The possible
medical criteria are:
Deceased Heart Beating Donor (Donor after Brain Death):
Is a donor who was declared dead and diagnosed by
means of neurological criteria.
Deceased Non-Heart Beating Donor (Donor after Cardiac
Death) = Non-heart beating donor (NHBD): Is a donor who
was declared dead and diagnosed by means of cardio-
pulmonary criteria.”
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“Recipient
In contrast with a donor, a recipient is defined by the
WHO as;
“The human being into whom allogeneic human cells,
tissues or organs were transplanted.”

Supply countries
Organ-exporting or supply countries are those countries
“where organs from local donors are regularly
transplanted to foreigners through sale and purchase”,
such as India, Pakistan, China, Nepal, Republic of
Moldova, Brazil, Israel, Turkey and others.
Demand countries
Organ importing or demand countries are “the countries
of origin of the patients going overseas to purchase
organs for transplantation” such as Asutralia, Canada,
Japan, Saudi Arabia, the United States of America, and
others
Waiting list for organ transplants
According to the WHO,
“The list of candidates registered to receive a human cell,
tissue and organ transplant.”31
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Black market
A black market can be described as;
“Illegal trading of goods that are not allowed to be
bought and sold, or that there are not enough of for
everyone who wants them.”32
Organised Crime
Organised crime is referred as;
“Organised crime refers to criminal activities which involve
large numbers of people and are organised and
controlled by a small group.”33
and a criminal organisation is characterised by the UN
Office on Drugs and Crime as;
“a group of three or more persons that was not randomly
formed;
existing for a period of time;
acting in concert with the aim of committing at least one
crime punishable by at least four years' incarceration;
in order to obtain, directly or indirectly, a financial or
other material benefit.”
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C. Past actions, resolutions, and agreements

Protocol to Prevent, Suppress and Punish Trafficking in
Persons Especially Women and Children, supplementing
the United Nations Convention against Transnational
Organized Crime
A/RES/71/322 Strengthening and promoting effective
measures and international cooperation on organ
donation and transplantation to prevent and combat
trafficking in persons for the purpose of organ removal
and trafficking in human organs
Commission on Crime Prevention and Criminal Justice,
Resolution 25/1 Preventing and combating trafficking in
human organs and trafficking in persons for the purpose
of organ removal
Conference of the Parties to the United Nations
Convention against Transnational Organized Crime ,
2011/2 Trafficking in persons for the purpose of removal of
organs
D. Thematic Special Mandate Holders
Special Rapporteur on trafficking in persons, especially
women and children
At its sixtieth session, the UN Commission on Human Rights
adopted decision 2004/110, by which it decided to
appoint, for a three-year period, a Special Rapporteur on
trafficking in persons, especially women and children,
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to focus on the human rights aspects of the victims of

trafficking in persons. In June 2023, the mandate of the
Special Rapporteur was extended again for three years
by Human Rights Council resolution 53/9.
The Special Rapporteur on trafficking in persons is the
only exclusively focused international human rights
mechanism for combating human trafficking. The
mandate has a global reach, and engages widely with
law and policy forums, and with civil society.
In the discharge of the mandate, the Special Rapporteur:
a. Takes action on violations committed against trafficked
persons and on situations in which there has been a
failure to protect their human rights;
b. Undertakes country visits in order to study the
situation in situ and formulate recommendations to
prevent and/or combat trafficking, and protect the
human rights of victims of trafficking in specific countries
and/or regions;
c. Submits annual reports to the UN Human Rights
Council and the General Assembly.
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E. Case Studies
China
The situation of organ trafficking or forced organ
harvesting in China is particularly concerning. China is the
only country in the world to have an industrial-scale organ
trafficking practice that harvests organs from executed
prisoners of conscience.
China uses incarcerated prisoners as an organ donor pool
to provide compatible transplants for patients. These
prisoners or “donors” are executed and have their organs
harvested and used in a prolific and profitable transplant
industry.
Currently, China has the second-largest transplant
program in the world. Transplant operations in China
increased rapidly in the early 2000s without a
corresponding rise in voluntary organ donors, which leads
to questions about the source of the organs.
UN human rights experts had previously raised the issue
with the Chinese Government in 2006 and 2007.
Unfortunately, the Government responses lacked data
such as waiting times for organ allocation, or information
on the sources of organs.
In a 2021 report by UN Human Rights experts, The experts
said they have received credible information that
detainees from ethnic, linguistic or religious minorities may
be forcibly subjected to blood tests and organ
examinations
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such as ultrasound and x-rays, without their informed

consent; while other prisoners are not required to undergo
such examinations. The results of the examinations are
reportedly registered in a database of living organ
sources that facilitates organ allocation. UN human rights
experts have also released reports of alleged ‘organ
harvesting’ in China targeting minorities, including Falun
Gong practitioners, Uyghurs, Tibetans, Muslims and
Christians, in detention in China.
The widespread forced organ harvesting in China’s prisons
stems from an increasing demand for organs, due to
developing transplant tourism in China itself.
Egypt
Egypt is one of the countries most affected by organ
trafficking. According to a 2018 report, the United Nations
Office on Drugs and Crime has collected data on 700
incidents of organ trafficking, primarily from North Africa
and the Middle East. Yet these figures are conservative,
at best. The true scale of the industry is difficult to assess,
as the majority of cases go unreported, with victims
reluctant to come forward for fear of deportation, arrest
or shame.
The trade appears to be flourishing in Egypt, bolstered by
a clampdown on refugees by security forces. There, the
hostile environment created by the arbitrary detention of
migrants, and the hike in smugglers’ fees, is presenting
organ brokers with an opportunity to profit from those
desperate to raise funds to cross the Mediterranean.
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IMPLICATIONS OF ORGAN TRAFFICKING
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Widespread poverty also enables criminal gangs to easily

trick or pressure people into selling their organs.
Although the legal framework is established, victims of
organ trafficking in Egypt do not receive protection and
treatment. Asylum seekers surviving from organ trafficking
in Sinai are put into detention centres in Egypt without
access to legal consultation. They are obligated to pay by
whatever way for their flights back to their home country,
failing which they will be labelled as traitors and detained
for longer times. Survivors who are offered the opportunity
to stay in Egypt still linger at the fringe of the society, with
very low labour standards within the informal economy, no
legal aid, and hardly any financial sustainability or access
to social services.

Nepal
Nepal, one of the Low - Middle Income Countries (LMICs)
of South Asia, is a developing economy where a
considerable section of the people lives in poverty. With
high unemployment and underpaid jobs, Nepal has been a
hot spot for kidney harvesting for the last two decades.
With a high demand for kidneys in India, its poorer
neighbour, Nepal, also becomes the hunting ground for
traffickers who either convince young people in Nepal to
sell their kidneys for quick money, or deceive them into
doing so. Among all the places of Nepal, Hokse village of
Kavrepalanchowk district, is infamous for the trade of
kidneys. Nicknamed the village with a single kidney, more
than 100 people in the village have sold their kidneys.
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AND TRAFFICKING IN PERSONS FOR
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Considering the population density and geographic

landscape of the village, it is appalling to learn that every
alternate resident of Hokse suffers from the mutilation of
kidneys. Unfortunately, Nepal has a troubled history with
the illegal ‘sale’ of kidneys. Kavre District in Central Nepal
is infamously known as a ‘kidney valley.’ Over the last two
decades, dozens of men from the village have either
voluntarily gone to India to sell their kidneys, or were
trafficked into it.
The kidney trade in Nepal is facilitated by the highly
efficient skills of brokers who know how to exploit the
vulnerability of the domestic legal system. Organ brokers
are, therefore, the catalyst for initiating and
accomplishing the transaction between the people who
need kidneys and those who need money.
Brokers and their roles in kidney trafficking can be
scrutinised through simple measures, although they look
smart for a number of reasons. Their knowledge of
bureaucratic processes, documentation, connections, and
networks with clinicians, hospitals, and authorities is
incredibly well-established. More importantly, there are
clear legal loopholes that brokers take advantage of.

Kosovo
One particularly gruesome stain on the history of Kosovo is
the infamous Medicus Clinic case, a 2008 scandal that
exposed a shocking network of organ trafficking
operating within its walls, that crossed international
borders
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The Medicus Clinic, located in the heart of Pristina,

presented a facade of medical respectability. Vulnerable
individuals, often lured by financial desperation, were
recruited and subjected to illegal kidney removals. These
organs were then sold to wealthy recipients, primarily from
Israel, for exorbitant sums.
Once revealed, the Medicus case reverberated across the
globe, highlighting the chilling reality of organ trafficking
and its exploitative tentacles.
The legal fallout was swift. The clinic's owner and head
anaesthetist were convicted of human trafficking and
organised crime, serving as a landmark moment in the
fight against this heinous crime. However, while the
convictions served as a form of justice, concerns linger
about the potential for similar networks operating in the
shadows. The desperation that fueled the Medicus
scheme, coupled with the porous nature of some borders,
creates a fertile ground for such criminal activity to thrive.
Confirming the transnational nature of such criminal acts,
there were at least 24 foreign kidney suppliers recruited
in 2008. Their countries of origin were Israel, Russia,
Ukraine, Kazakhstan and Belarus. One supplier testified
that he got involved in kidney donation after seeing
related advertisements in Russia. On the other side of the
spectrum, the recipients who were the matches of the
suppliers originated from Ukraine, Israel, Poland, Turkey,
Canada and Germany.
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India
In one of India’s most developed states, Mumbai, 4,000
plus patients are waiting for organ transplant, where if we
go by record, only 200 out of 4,000 may secure a donor
by end of the year. According to data, the number of
transplants only grew from 6,916 in 2014 to about 16,041 in
2022. It had further dropped to half of what it is now, to
7,443. If we go through the data from 2014 to 2022
further, the number of liver donors only increased from
1,327 to 3,911; kidney donors only increased from 5,512 to
11,705, heart donors from 53 to 243 and lung donors from
15 to 144.
India’s problem of organ shortage coupled with the fact
that, as per the law, only people related to the person in
need can donate their organs inevitably makes it difficult
to find a matching donor. This makes way for the illegal
buying and selling of organs. Despite the legislation
curbing the commercial sale and trade of organs, this
illegal trade is highly prevalent in India.
In a study conducted in Chennai, 305 individuals who had
sold a kidney were interviewed, and it was found that 60%
of female respondents and 95% of male respondents
worked as labourers or street vendors. Furthermore, 96%
of the respondents sold their kidneys to pay off their
debts. At the same time, 95% of the participants of the
study said that wanting to help a sick person was not a
significant factor in their decision to sell.
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Illegal organ transplantation rackets are busted every few

months in India. One of the main issues with the law
governing organ donation and transplant is that it
criminalises not just the person buying or facilitating the
sale of organs but also the donors. This means that, under
the law, victims of trafficking are punished as well. This
further gives way to underreporting of illegal cases of
organ transplantation, similar to the case of Egypt.
The law fails to consider that victims of trafficking usually
belong to poor and marginalised sections of society and
sell their organs to meet their pressing financial needs.
There is a need to rethink whether organ donors in illegal
buying and selling of organs are criminals or the victims of
economic coercion. Moreover, the donors become even
more vulnerable as organ donation usually requires an
invasive surgery that has both physical and psychological
impact, and most of the donors receive little to no post-
operative care.
QUARMA

1. How can nations collaborate to deter the illicit

practice of multinational organ trading?
2. What measures can be taken to enhance
collaboration at local, regional, and global levels?
3. What strategies have been employed to address
organ trafficking, and which ones have demonstrated
success?
4. How can awareness be effectively raised among
specific groups to prevent their continued
exploitation?
5. What role does the UNHRC play in alleviating the
issues mentioned above, and how can its impact be
strengthened?