POV: Can Do Without My Organ
Faith Tunde-Yara, LLM, UCT, PhD(c) | September 21 | 11:15 am-12:15 pm
Topic: Research, International | Knowledge Level: Intermediate
“POV” is a term commonly used in media to mean “Point of View.” However, in this presentation, it will be used to address the concept of “abuse of a position of vulnerability” (APOV), recognized in the Palermo Protocol as a means of trafficking persons, with a specific focus on organ trafficking. Using a desk-based methodology and two case studies, 1) Ike Ekweramadu, a Nigerian Senator found guilty of organ trafficking in the UK on March 23, 2023 (R-v-Ekweramadu et al., 2023); and 2) a February 2, 2023 publication of lawmakers’ proposal to grant Massachusetts prisoners reduced sentences in exchange for organ donation (CBS News Boston, 2023), this presentation seeks to answer the question: “How does vulnerability equate consent for organs?” Both cases explore the concept of “consent” in relation to altruistic organ donation, and in light of arguments for voluntariness and freedom to donate and/or sell one’s organs. Numerous cases where consent was proven in human trafficking for the purpose of organ removal (HTPOR), reveals that the POVs of certain individuals were exploited. According to UNODC’s Guidance note on APOV, the existence of victim vulnerability, though important to prove trafficking, will be insufficient if no credible evidence to establish APOV exists. This presentation argues that such stance further reduces prosecution and investigation of HTPOR, as no one would make such drastic decision to donate an organ without less pressing conditions facing them.
Presentation Objectives:
· Provide insightful information on consent, exploitation, and APOV in HTPOR
· Explore the links between vulnerability and trafficking for organs
· Address victim-donor protection laws in efforts to investigate and prosecute HTPOR
· Provide recommendations to address APOV in investigation and prosecution of HTPOR