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United Nations Concerned About Organ Harvesting In China

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In June 2021, a group of U.N. independent experts expressed their concerns at allegations of organ harvesting carried out on minority groups including Falun Gong practitioners, Uyghurs, Tibetans, Muslims and Christians, in detention in China.  According to the statement, the experts, including Mr. Fernand de Varennes, Special Rapporteur on minority issues; Mr. Ahmed Shaheed, Special Rapporteur on freedom of religion or belief; Mr. Nils Melzer, Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, received “credible information that detainees from ethnic, linguistic or religious minorities may be forcibly subjected to blood tests and organ examinations 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.”

The statement further indicated that “according to the allegations received, the most common organs removed from the prisoners are reportedly hearts, kidneys, livers, corneas and, less commonly, parts of livers. This form of trafficking with a medical nature allegedly involves health sector professionals, including surgeons, anesthetists and other medical specialists.” 

This is not the first time that the U.N. has raised the issue of organ harvesting in China. Indeed, similar concerns were raised by the U.N. with the Chinese Government in 2006 and 2007, however, without any, or any adequate response. 

Similarly, the issue of organ harvesting was considered by an inquiry, the so-called China Tribunal. On June 17, 2019, the China Tribunal, released a 60-page long summary of its judgment, finding that crimes against humanity had been committed, as defined in Article 7 of the Rome Statute. This included murder, extermination, imprisonment or other severe deprivation of physical liberty, torture, rape or any other form of sexual violence, persecution on racial, national, ethnic, cultural or religious grounds that are universally recognized as impermissible under international law.

Having identified the crimes, the China Tribunal made recommendations on the possible courses of action that could be taken, for example, an International Court of Justice advisory opinion could be obtained on the issue of organ harvesting, or the U.N. Human Rights Council could be asked to create a mandate for a Special Rapporteur to investigate these allegations of forced organ harvesting of prisoners of conscience. However, it left the ultimate decision on steps to be taken “to citizens, activists and motivated politicians…” compelling them to press “…governments to do what it may be thought their duty to do in the face of any revealed wickedness of the kind.” 

No action followed. Now, two years later, the U.N. tries to engage the Chinese Government on the topic yet again. In the meantime, news of further human rights violations have emerged, including of the atrocities against Uyghurs which include torture and abuse, including rape and sexual violence, separation of children from their parents, forced sterilizations, forced abortions, forced labor and much more. These reports, while they may have triggered some responses by individual states, have resulted in little if any meaningful steps at the United Nations. This does not give much hope that the situation will change and the atrocities, whether perpetrated against Falun Gong practitioners, Uyghurs or others, will ever be addressed.

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