By Bianca Iboma-Emefu
The Global Prolife Alliance (GPA) and Catholic doctors have written to the National Assembly (NASS) calling for the enactment of what they called Human Organ Poaching Prohibition Act (HOPPA). According to the groups, the aim of HOPPA is to comprehensively address critical issues related to illegal human organ trafficking and the ethical use of gametes, human ovarian eggs, sperm and embryos.
A statement issued by Dr. Philip C. Njemanze, chairman, Global Prolife Alliance, for the Council on National Policies and BOT member, Association of Catholic Medical Practitioners of Nigeria, Owerri Archdiocese, for the Ethics Committee, said their “goal is to ensure that HOPPA becomes a robust law that serves as a strong deterrent against human organ trafficking and promotes the ethical use of human ovarian eggs, sperm, embryos and gametes.”
It added that they are dedicated to working closely with the National Assembly throughout the legislative process to enact this vital law, protect the rights of individuals, and uphold ethical standards.
The statement said: “The Human Organ Poaching Prohibition Act (HOPPA) constitutes a comprehensive legal framework meticulously crafted to combat the grievous crime of human organ trafficking while simultaneously safeguarding the ethical utilization of human reproductive materials.”
They said this legislation is driven by the objectives of protection of the right to life: Recognizing that the right to life, which is vested in each human being, is the paramount and most fundamental right of a person.
The statement added: “The life of each human being commences at fertilization, cloning, or its functional equivalent, regardless of sex, health, function or disability, defect, stage of biological development, or condition of dependency.
“At the moment of commencement, every human being shall possess all legal and constitutional attributes and privileges of personhood. The National Assembly affirms that the Federal Government of Nigeria possesses the authority to protect the lives of all human beings residing within its respective jurisdictions.
“These principles, encapsulated in the Human Organ Poaching Prohibition Act (HOPPA), are intended to fortify the legal framework against human organ trafficking and underscore the ethical use of reproductive materials.”
It offered insightful perspectives on such terms as human being/ person, fertilization, cloning, human zygote, human ovarian egg, in-vitro fertilization (IVF) techniques, human sperm, cold freezing of embryos, gametes, human organ and fetus, among others.
The statutes of the law includes prohibition of organ poaching, making it illegal to engage in any activities related to the illegal procurement, trafficking, or sale of human organs, tissues, gametes, embryos, or fetal tissue. It establishes strict penalties for those involved in these activities, including both individuals and entities.
It further said: “Protection of donors: The law ensures that individuals who voluntarily choose to donate their organs, reproductive materials, or gametes for medical purposes do so under clear and informed consent. It establishes regulations to prevent coercion or exploitation of donors. There is a strict prohibition on financial inducement or any other form of compensation for organ donation.
“Regulation of medical facilities: HOPPA establishes stringent regulations for medical facilities and professionals involved in organ transplantation, assisted reproductive technology, and fetal research to ensure transparency, accountability, and adherence to ethical standards. The activities of all medical facilities involved in transplantation will be regulated by the National Agency on Human Organ Transplantation and Related Matters (NAHOT).
“Law enforcement and penalties: The legislation empowers law enforcement agencies to investigate and prosecute organ trafficking cases effectively. It imposes severe penalties on violators, including imprisonment and fines.
“Establishment of oversight bodies: HOPPA creates oversight bodies responsible for monitoring and regulating the organ transplantation sector (NAHOT), assisted reproductive technology agencies (ARTA), and fetal research sector (Agency on Genetic Manipulations and Cloning – AGMC) to guarantee ethical practices and protect the rights of donors and recipients.
“Repeal of laws permitting organ harvesting without consent: The Human Organ Poaching Prohibition Act (HOPPA) promulgates the repeal of all existing laws and regulations that directly or indirectly permit the harvesting of human organs, tissues, gametes, embryos, or fetal tissue without informed and voluntary consent.
“International protocols: HOPPA acknowledges and aligns with relevant international protocols and agreements aimed at preventing human organ trafficking, including but not limited to the World Health Organization’s guiding principles on human cell, tissue, and organ transplantation and the declaration of Istanbul on organ trafficking and transplant tourism.
“The aforementioned is a draft framework of the Human Organ Poaching Prohibition Act (HOPPA) for your comprehensive review and consideration. We believe that this legislation is essential to protect the rights, dignity, and well-being of all individuals.”
It requested the National Assembly to carefully review the draft legislation, stressing that the GPA and Catholic doctors “are open to constructive feedback and amendments that may be necessary to ensure the effectiveness and fairness of HOPPA.
“Our goal is to ensure that HOPPA becomes a robust law that serves as a strong deterrent against human organ trafficking and promotes the ethical use of human ovarian eggs, sperm, embryos, and gametes.
“We are dedicated to working closely with the National Assembly throughout the legislative process to enact this vital law, protect the rights of individuals, and uphold ethical standards.”
Copies were also sent to President Bola Ahmed Tinubu, ministers, Bishops’ Conferences in Africa, Europe, Asia and America, heads of state of all UN member countries, the U.S. Congress, DOJ, ICC, UN ambassadors, UN agencies on human rights, the African Union, Organization of American States, European Union Parliament, ASEAN, World Medical Association, Organization of Islamic Countries, ECOWAS, ILO, WTO, WHO, UNICEF, UNFPA, USAID, DFID, CIDA, international human rights organizations, international press, local press, distinguished Nigerian and African socio-political leaders.