CCP Government-Sanctioned Organ Harvesting and Genocide

by Andrea Tokaji[1]

Australia’s political position on Organ Harvesting

Australia’s political position on Organ Harvesting needs to be made emphatically clear.

Currently, it is not.

Australia needs to ensure that our laws prevent transplant tourism.

Australia needs to make sure that we are not a demand nation for black-market organs from China, from which the Chinese Communist Party make hundreds of thousands per ‘customer’.

Australia needs to play an active role in eradicating the human right crime of organ harvesting in our region and we need to refuse to economically support the kidnapping, torture and organ trade of communist political prisoners which fuels the Chinese Communist Party’s coffers.

To date, Australia has not taken the necessary legislative and policy steps to do so.

This is an important human rights violation requiring attention in our region, for humanitarian and political reasons, and because the Chinese Communist Party (CCP) is making money off it!

To understand the severity of this matter, let’s look at the facts more closely.

On 16 July 2014, I attended the first Parliamentarians Against Forced Organ Harvesting (PAFOH) round table in the hope of real legal and political change by sharing the stories of survivors.

On the 11 August 2015, my presentation to NSW Parliament highlighted the realities of Australians procuring harvested organs as transplant tourists into China. I provided evidence to Parliament that the victims of harvested organs in China were often religious minorities  targeted by the CCP, and I highlighted the torture and persecution of human rights defenders such as Chinese human rights lawyer Gao Zishen.

Under Communism, religious minorities in general are seen as dissidents and an ongoing threat. This was the case for my family and I under Ceausescu in Romania in the 1980’s and it remains the reality for religious minorities in China today.

In 2017, I made a submission to the Joint Standing Committee on Foreign Affairs, Defence and Trade on Human Organ Trafficking and Organ Transplant Tourism, giving oral evidence to the Committee in June of 2018, reflecting on evidence gathered by human rights lawyers globally, and shared countless testimonies of victims and their families who have escaped Chinese government kidnapping, illegal detention, brutal torture – without even a charge or conviction.

These victims of government-sanctioned violence and torture are referred to as “prisoners of conscience”.

From my research and human rights advocacy work with Falun Gong practitioners and Christians living in China over the last ten years, the matter is clear: organ harvesting as a human right violation is government -sanctioned genocide in China – with impunity.

To the disgrace of the Australian Government, after all of these Committee Hearings and Inquiries[1] across eight years, nothing further has been done to prevent future organ harvesting in China or transplant tourism by desperate Australians accessing organs on the black market in China.

China’s human rights record is abhorrent, and yet, we continue to trade and do business with them; while they engage in organ trafficking en-mass. Where is our political back-bone?

Are we such a barbaric society that we would put profits before people?

Let’s look at how did this abhorrent trade come about.

China is harvesting organs from prisoners of conscience

Chinese nationals, for cultural reasons, are reluctant to donate their organs after death.

Doctors Against Forced Organ Harvesting have reported that:
The harvesting of organs from executed prisoners in China started in 1984 when a law was implemented in China that allowed the practice.”[2]

Yes, you heard that right. It became a law in China that gave the right to the CCP to harvest its own citizen’s organs for economic gain!! This is clearly government-sanctioned genocide!

In fact, the government of China admitted to using the organs of executed prisoners in 2005.

The public first became aware of this practice following the testimony of Dr. Wang Guoqi to the U.S. Congress in 2001.

In China, public officials and the CCP military are involved in the kidnapping, torture, the organ removal and the murder of political dissidents and religious minorities such as Falun Gong practitioners and House Christians who are systematically targeted for the organ trade.

Once these ‘political dissidents’ are illegally detained without due process, access to legal representation or event hire family knowing hewer they are, their blood and urine samples are taken, and the y are beaten, ensuring that their organs are spared. They are then left in detention until a foreign donor is looking for an organ with their matching blood-type.

These organs on demand are transferred from the criminal detention facilities in China, where it’s victims are force fed, tortured and kept in isolation while their urine and blood samples are taken – to the large commercial and military CCP hospitals in China advertise organ transplant time frames of five hours upon arrival.[3]

Recently published research by author Ethan Gutmann, former Canadian politician David Kilgour and lawyer David Matas claim that China is performing 60,000 to 100,000 organ transplants per year. These figures cannot be explained by China’s fledgling program for voluntary organ donations and exceed the Communist regime’s estimates of about 10,000 transplants per year.[4]

Worldwide, organ harvesting from executed prisoners is banned as unethical.

In 2006, former Canadian Diplomat David Kilgour and human rights lawyer David Matas presented their investigations and concluded that from 2000 to 2005, at least 41,500 organs were harvested from Falun Gong practitioners – a peaceful spiritual group that have been brutally persecuted in China for the past 20 years.

Canadian human rights lawyer David Matas says he has uncovered evidence of organ harvesting from death row inmates and political prisoners in China, with the evidence suggesting that most of the 10,000 organ transplants which are officially recorded each year in China are the result of organ harvesting.[5] Even criminal and political prisoners deserve the right to life.

Jeremy Chapman recalled in an interview with the ABC: … there are stories of brokers offering iPads for a kidney. So living donors in China are now also targeted. Living donation has been the target in the Philippines, in Sri Lanka, in Columbia, in Peru, in a number of countries around the world. So those countries have a responsibility to clamp down on this illegal activities, it is indeed jeopardising and terrorising the poor.”[6] We, of course, have a responsibility to prevent the trade.

Researchers disclose that the donor organs are often sourced illegally from prisoners executed for their religious, political or cultural beliefs, who have not consented to any procedures. Many of China’s prisoners have testified that they have been subjected to medical testing consistent with organ transplant screening but without explanation while behind bars. They called these people the living dead. You just havent died yet, but youre gone,” one organ transplant recipient said.[7]

The Kilgour and Matas Report alleges that; organs are harvested from living prisoners of conscience, mostly from detained Falun Gong practitioners; that organ procurement is on demand”; that organs are harvested without consent, and that unwilling donors are simply killed.[8]

The wait times for organ transplants for organ recipients in China appear to be much lower than anywhere else. Hospital websites (including military hospitals) in China advertise short waiting times for organ transplants, and declare that they have more than ten beating hearts” available.

Nine national level and eleven provincial level military hospitals in China are credited for the majority of all recent organ transplants. Chinese officials facilitate the kidnapping, torture and re-education of several minority groups in China. The major role of military hospitals in organ harvesting is another key factor, according to Mr. Matas.

In addition to the eradication of prisoners of conscience, the CCP are also monetarily motivated to continue this heinous human rights crime. In China, organ transplants are very profitable, with one hospital quoting a price of 200,000 yuan or $66,600 for a liver transplant.[9] Foreigners seeking an organ transplant in China are very well taken care of and provide for – at a premium price of about $160,000 per patient.

How many of these transplants occur in any given year? Statistics out of China are few and far between, but it has been reported that the source of 41,500 transplants for the five year period 2000 to 2005 is unexplained. That’s 8,300 organ transplants per year, or 691 per month.

A number of family members of Falun Gong practitioners who died in detention reported seeing the corpses of their loved ones with surgical incisions and body parts missing. The authorities gave no coherent explanation for these mutilated corpses.

The Kilgour and Matas Report provides a critical amount of circumstantial evidence that systematic organ harvesting is indeed occurring in China; including the collection of more than 30 distinct pieces of evidence supporting the allegations of initial witnesses. The Report sadly concludes that the allegations of systematic organ harvesting specifically targeting Falun Gong practitioners and Christians is proven by the evidence to be beyond reasonable doubt.[10]

The Kilgour and Matas Report dated 31 January 2007 also mentions that practitioners are killed in the course of the organ harvesting operations or immediately thereafter. They are government-sanctioned. The prisoners killed in this way are then cremated. There is no corpse left to identify or examine, as the source of an organ transplant. The evidence is destroyed.

It was estimated in a United Nations General Assembly Report in 25 February 2011 that there were more than 5,000 executions in China in one year alone (2008).[11]

China is torturing its political dissidents and minority groups

Prisoners of conscience’ who do not renounce their beliefs are tortured, and then executed in China. Legally, the definition of torture under international human rights law[12] refers to  severe pain or suffering at the hands of a public offical for a specific purpose.[13]

The Chinese Government are systematically targeting minority groups, torturing and removing the organs of political dissidents and minorities – causing severe pain and suffering – even death. These acts can be defined within the legal definition of torture.

Though China ratified the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) in 1988, it has failed to introduce domestic legislation in line with the country’s international obligations to the treaty.

The Committee Against Torture (CAT), the expert UN body charged with overseeing the treaty’s implementation, has repeatedly raised concerns about a number of issues in China including: the lack of a definition of torture in domestic laws that accords with that of UNCAT; exclusion at trial of evidence obtained through torture and other ill-treatment; arbitrary detention where there is a high probability of torture and other ill-treatment; torture and other ill-treatment of human rights defenders; and the lack of independence of judges and lawyers.

The UN Special Rapporteur on torture, visited China in 2005, and addressed similar concerns in recommendations to the Chinese government.

The 2006 Special Rapporteurs Report of Torture in China indicated that 66% of the victims of alleged torture and ill-treatment t the hands of officials were Falun Gong practitioners.

The combination of the deprivation of liberty as a sanction for the peaceful exercise of freedom of expression, assembly and religion, with re-education measures through coercion, humiliation and punishment aimed at admission of guilt by duress and altering the personality of detainees attempting to break their will, constitutes a form of inhuman or degrading treatment/punishment.

On the 16 April 2015 at the Transplantation and Human Rights” forum in Switzerland, organised by the International Society for Human Rights[14], legal and medical professionals shared their findings regarding organ harvesting of prisoners of conscience in China, pledging to help end the crime by continuing to increase international pressure on the Chinese regime and by using legal means outside of China to deter Chinese officials from participating in the atrocities.

The purpose of the forum was to raise public awareness and offer a global platform for experts to discuss, identify, and execute solutions to put an end to this crime against humanity.

So, what is Australia’s role in this crime against humanity?

Australia’s role in China’s human rights crimes of organ harvesting

There is evidence to suggest that 176 Australians have had an organ transplant overseas in the last 13 years, with half of these as illegal transactions. There is evidence to suggest that Australians continue to engage in transplant tourism in our region – with China as a preferred destination.

Researchers and investigators into the matter are clear: China is home to the most rampant illegal organ trade in the world and is the number one destination for transplant tourism.[15] 

Transplantation Society past president Dr Jeremy Chapman says so-called organ tourists continue to escape punishment, despite the trade being illegal. Dr Chapman says the number of commercial transplants globally has dropped from about 10,000 to 2,000 in the past few years, creating an enormous demand for organs.[16]

A News Corp investigation has found that desperate Australians have turned to the black market to buy a human organ as demand for transplants outstrips supply – risking their own health, with many of them ending up sick in hospital back in Australia. The unregulated trade is seeing prisoners shot on demand to supply human organs and poor people forced by debt.[17]

Patients who access organ transplants legally and ethically here in Australia often have to wait up to seven years for a match – with many dying while waiting for the right donor match.

In the course of a three-year investigation, News Corp uncovered the case of an Australian man who bought a kidney off of a 26-year-old Pakistani woman as part of a transplant trade.[18]

If we are going to reduce the international crime of organ harvesting as a human trafficking issue in our region, we need to curb its demand. We need to encourage ethical, local organ donations.

Experts say that the organ trade is not only illegal but medically dangerous and they say Australians desperate for a kidney transplant are heading overseas and not coming back.

According to the Australia and New Zealand Dialysis and Transplant Registry, at least fifty-five (55) Australians have travelled overseas to receive a kidwney transplant between 2006 and 2015. The data is not broken down by countries and does not include figures of the organ sourced.

Doctors Against Forced Organ Harvesting Australia spokeswoman Sophia Bryskine said that the organisation was particularly focused on China because, unlike anywhere else in the world, it is the only place where systematic forced organ harvesting continues to occur on a mass, state- sanctioned level”.[19]

China was named the world’s biggest executioner in Amnesty Internationals Death Sentences and Executions 2015 Report. According to Amnesty International, tens of thousands of Falun Gong practitioners have been arbitrarily detained” since the government launched a crackdown on the practice in 1999.[20] The Dui Hua Foundation, which monitors executions in China estimates that approximately 2,400 people were put to death in 2013.

Professor of transplantation surgery at the Royal Prince Alfred Hospital Richard Allen says it is important for donor registries to rely more on deceased donors. Professor Allen says the more living donors are relied on for organs, the greater the opportunities for illegal trade.[21]

With only 33% of Australians registered as organ donors, more needs to be done to ensure that demand for organs does not take Aussies off-shore.

Dr Chapman says the only way to stamp out illegal organ trading is for each country to cater for its own needs. Australia focuses on organ donations through its annual Donate Life Week Campaign between 30 July and 6 August – Make Your Decision Count[22].

Professor Fiatarone Singh, who led a campaign for Sydney University to revoke an honorary professorship awarded to Huang Jiefu, said The ethical concern is that there is convincing evidence from this Chinese hospital’s reports that large volumes of transplants were performed in this hospital at a time when virtually no voluntary organ donation system existed, and when the Vice-Minister of Health at the time, Huang Jiefu, has admitted that virtually all organs were sourced from executed prisoners.”[23]

Australia needs to consider its academic ties with China. China’s then Vice-Minister of Health, Dr Huang Jiefu, was trained at the Sydney University and was made an honorary professor by the Sydney University. Dr Huang Jiefu has overseen the entire organ-transplant system in China.[24]

Sydney University and Australia as a whole should not award an honorary-professorship to a person who has engaged in the most heinous human rights violation and government-sanctioned genocide our region has seen in a long time. This undermines Australia’s record, the ethical practices of Sydney University, including its Medical Faculty.

In 2013, Dr Huang Jei Fu, admitted organs continued to be sourced from executed prisoners, and Dr O’Connell noted that a deep sense of mistrust of your [Chinas] transplant programs which have been responsible for overt commercial trafficking of prisoner organs for transplantation to wealthy foreigners from the West and [the] Middle East.’”[25]

In 2013, Director of the China Organ Donation Committee, Dr Huang Jiefu, told the Medical Journal The Lancet that more than 90 per cent of transplant organs were still sourced from executed prisoners.

The evidence is overwhelming: prisoners of conscience are detained for their organs in China, they are tortured and killed at the hands of public officials. Some of these victims’ organs are in Australian citizens’ bodies. The question remains: how can our laws curb this heinous trade?

The current inadequate laws in Australia

The amendments to the Criminal Code Act (Cth) 1995 passed in March 2013 implemented a range offences within the trafficking category, including forced labor, forced marriage, organ trafficking and harbouring a victim, and was indeed a positive development and more in step with the international standards of the legal definition of human trafficking and organ harvesting, as per the Trafficking Protocol[26].

However, these amendments are limited to addressing organ transplant abuses only when the source of the organ is an Australian or when the abuse occurs in Australia, carrying no extra-territorial application. This simply is not good enough.

Subdivision BA of the Commonwealth Criminal Code[27] deals with organ trafficking.

If an Australian citizen travels overseas in order to purchase an organ – engaging in what is referred to astransplant tourism, this will not constitute an organ trafficking offence under Australia’s Criminal Code Act 1995 (Cth)[28], unless the donor had been moved to, from, or within Australia.

Human trafficking as an international crime takes on the nature of extra-territorial offences, and requires cross-jurisdictional cooperation and enforcement to ensure this crime is curbed through its demand markets.

Organ harvesting is known to be a trade that victimises the most vulnerable minorities or the impoverished. Exploiters are usually the elite – those who can afford to pay the poor to keep silent.

Procedures often undertaken in CCP military hospitals are overseen by China’s vice-minister of health, Dr Huang Jiefu, who was trained at the Sydney University Medical School, who was made an honorary professor by the Sydney University.[29]

Australia needs to recognise these abhorrent, inhume and corrupt ways that the CCP is funding its military and political activities through grave human rights violations that are crimes against humanity.

 Australia needs to move towards a more comprehensive, holistic legislative reform to transplant tourism, guided by the Declaration of Istanbul on Organ Trafficking and Transplant Tourism[30], which is guided by the World Health Organisations Principles on Human Cell, Tissue and Organ Transplantation[31], and in consideration of international extradition laws under Article 16 of  the United Nations Office of Drugs and Crimes Convention Against Transnational Organised Crime and the Protocols Thereto.[32]

Australia’s domestic laws need to give powers for preventative and diversionary approaches to transplant tourism and organ harvesting in our region, ensuring the full extent of investigative, law enforcement and the full exercise of extra-jurisdictional criminal procedure and due process, for the necessary prosecution of organised crime, including CCP agents and government officials, and for the protection of vulnerable victims and persecuted minorities.

Australian Federal Parliament has had its Inquiries and Hearings, and now, it is time to act!

Similarly to our recent law reform in relation to the restrictions on paedophiles travelling overseas[33], Australia needs to ensure that we are not part of the problem of transplant tourism in our region, and that we do not create a demand for the trade in human organs of vulnerable targeted minorities under the cruel hands of the Chinese Communist Party.

The current rate of organ trafficking around the world has created a substantial health risk contributing to a serious abuse of human rights, particularly of the right to life.

The European Union has reviewed the scope for creating a fair system of organ donation and for the use of a more efficient and transparent organ database accessible to EU and eventually to global citizens in their study published in 2015.[34] Australia should consider the same.

It is inconsistent with our international human rights obligations that organs can be easily bought by Australians on the black market in China – for a premium price – which victimises the most vulnerable, and encourages the ongoing torture, illegal detention and persecution of minority groups under a Communist regime.

Organ harvesting of unwilling donors is a crime against humanity.

The way forward and recommendations

In consistency with the Declaration of Istanbul on Organ Trafficking and Transplant Tourism[35], which is guided by the World Health Organisations Principles on Human Cell, Tissue and Organ Transplantation[36], Australian needs to review its commitments to human rights in our region by putting people first – above our trade relations and above our politics.

In consistency with the Declaration of Istanbul on Organ Trafficking and Transplant Tourism[37], which is also guided by the World Health Organisation’s Principles on Human Cell, Tissue and Organ Transplantation[38], Australia needs to ensure that:

  1. Governments, in collaboration with health care institutions, professionals, and non- government organisations take appropriate actions to increase deceased organ donation. This includes considering an op-out system by default. Measures should be taken to remove obstacles and disincentives to deceased organ donation.[39]
  2. If Australians travel overseas to receive an organ that they either know or were reckless in not knowing, was trafficked, this should constitute as a criminal act;
  3. Australian policy is required to ensure that Australians favour voluntary deceased organ donors above live donors;
  4. Australians entering an organ transplant agreement are to conduct due diligence in ensuring the live donor is voluntarily supplying their organs;
  5. Recipients of trafficked organs are to be identified as guilty of organ trafficking offence;
  6. Organ trafficking may take place regardless of the the victim (the organ source) movements, ie: whether the victim (the organ source) neither enters nor leaves Australia and was never in Australia. Therefore, this does not alter the trafficked status of the donor if their organ was “trafficked”;
  7. A formal register stating where and from whom Australians have received their organs is required – overseen by the executive arm of the government through regulators;
  8. Australia needs to ensure organ ‘transplant tourism’ constitutes as an Australian organ trafficking offence in all jurisdictions in Australia – with a Regional cooperation in Asia for the law enforcement and judicial mechanisms for investigations, prosecution and rehabilitation;
  9. The Australian Government should not issue visas to doctors from China seeking to travel to Australia for the purpose of training in organ or bodily issue transplantation;
  10. Australia is to urge countries with well established deceased donor transplant programs to share information, expertise and technology with those seeking to improve their organ donation;
  11. Australia should encourage national legislation to neighbouring countries which is consistent with the Declaration of Istanbul, whereby deceased organ donations are encouraged and transplantation infrastructure is set up, so as to fulfil each country’s deceased donor potential[40]. In all countries in which deceased organ donation has been initiated, the therapeutic potential of deceased organ donation and transplantation should be maximised[41];
  12. All allegations of organ harvesting should be taken seriously. Criminal authorities in China should investigate the allegation for possible prosecution. Appropriate laws are to be in sync with the UN Protocols and principles, guided by the recommendations set out in the OSCE Action Plan to Combat Trafficking in Human Beings and Ministerial Council Decision No. 5/08;
  13. The Australian Government should urge China to open all detention facilities, including forced labour camps in China to international community inspection through the International Committee for the Red Cross or other human rights or humanitarian organisations;
  14. The Australian Government should urge China to accede to the Optional Protocol to the Convention Against Torture. The UN Committee Against Torture and the UN Special Rapporteur on Torture should once again investigate if the government of China has engaged in, or is engaging in now, in violations of any of the terms of Article 3 of the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, which bans, among other practices, the removal of organs.
  15. Australia needs to urge the Chinese Government to implement and enforce their anti harvesting legislation. Stringent law enforcement against all those involved should also apply.

Australia needs to act swiftly to clarify our political position on organ harvesting and trafficking, and our position needs to be made emphatically clear to our foreign neighbours.

Given the Federal Government still has not released their Report on their Inquiry into Organ Harvesting in 2018[42], it is too heinous of a crime to ignore, to allow to continue or to facilitate the act of, without a clear political, judicial and foreign policy approach, particularly given the hundreds and thousands of vulnerable persecuted minorities who are dying at the hands of the Communist regime in China in death camps every year through this trade.


[1] In relation to the Inquiry into Human Organ Trafficking and Organ Transplant Tourism, the Government Response is officially listed as: “This inquiry currently has no Government Response documents”, at: https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Foreign_Affairs_Defence_and_Trade/HumanOrganTrafficking/Government_Response

[2] The Doctors Against Forced Organ Harvesting promote ethics in medicine and provide reports on ethics in medicine periodically, at: https://dafoh.org/unethical-organ-harvesting/forced-organ-harvesting-in-china/  

[3] Known from testimonies of various victim survivors, some of whom have family in Australia, as well as from reports such as the David Matas and David Kilgour, BLOODY HARVEST, Revised Report into Allegations of Organ Harvesting of Falun Gong Practitioners in China, 31 January 2007, available at: http://organharvestinvestigation.net

[4] Rick Feneley, Joel Keep, Australian organ transplant doctors defend China ties, 19 August 2016 at: http://

www.sbs.com.au/news/article/2016/08/19/australian-organ-transplant-doctors-defend-china-ties

[5] As reported by Simon Lauder on 1 September 2010, ABC News, at: http://www.abc.net.au/news/2010-09-01/australian-organ-tourists-drive-sinister-trade/966408  

[6] Jeremy Chapman and Eleanor Hall, The World Today, ABC News, 29 May 2012, at: http://www.abc.net.au/worldtoday/content/2012/s3513372.htm 

[7] Megan Palin, The ‘living dead’: prisoners executed for their organs then sold to foreigners for transplants, 3 June, 2017, at:http://www.news.com.au/world/asia/the-living-dead-prisoners-executed-for-their-organs-then-sold-to-foreigners-for-transplants/news-story/4048895e300f415a0a078e229d697bf7 

[8] David Matas, Esq. and Hon. David Kilgour, Esq. An Independent Investigation Into Allegations of Organ Harvesting of Falun Gong Practitioners in China, Revised Report into Allegations of Organ Harvesting of Falun Gong Practitioners in China, at: http://organharvestinvestigation.net

[9] China International Transplantation Network Assistance Centre Website – http://en.zoukiishoku.com/ – Shenyang City.

[10] Doctors Against Forced Organ Harvesting, at: http://www.dafoh.org/unethical-organ-harvesting/forced-organ- harvesting-in-china/  

[11] Human Rights Council Sixteenth session, Agenda item 3, Promotion and protection of all human rights, civil,
 political, economic, social and cultural rights, including the right to development, Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Juan E. Méndez.

[12] Article 1 of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is the internationally agreed legal definition of torture:
“Torture means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.”

[13] This definition contains three cumulative elements: 1. the intentional infliction of severe mental or physical suffering; 2. by a public official, who is directly or indirectly involved; and 3. for a specific purpose.

[14] Falun Dafa Minghuri – www.falundafaminghuri.org

[15] Megan Palin, The ‘living dead’: prisoners executed for their organs then sold to foreigners for transplants, 3 June, 2017, at:http://www.news.com.au/world/asia/the-living-dead-prisoners-executed-for-their-organs-then-sold-to- foreigners-for-transplants/news-story/4048895e300f415a0a078e229d697bf7

[16] As reported by Simon Lauder on 1 September 2010, ABC News, at: http://www.abc.net.au/news/2010-09-01/

australian-organ-tourists-drive-sinister-trade/966408

[17] As reported by Simon Lauder on 1 September 2010, ABC News, at: http://www.abc.net.au/news/2010-09-01/

australian-organ-tourists-drive-sinister-trade/966408

[18] As reported by Simon Lauder on 1 September 2010, ABC News, at: http://www.abc.net.au/news/2010-09-01/

australian-organ-tourists-drive-sinister-trade/966408

[19] DAFOH performs systematic research into the reports of the state-sanctioned practice in China from prisoners of conscience, at: https://dafoh.org

[20] Amnesty International Report on Illegal Detention in China, at: https://www.amnesty.org.au

[21] As reported by Simon Lauder on 1 September 2010, ABC News, at: http://www.abc.net.au/news/2010-09-01/australian-organ-tourists-drive-sinister-trade/966408  

[22] Campaign page and how to register to become national donor here: https://register.donatelife.gov.au/?gclid=CjwKCAjwk4vMBRAgEiwA4ftLs7Eqvc_YIL7qr4ahVMLuNVWDsyi_UNA4T0yIwbHC1801czHuSktH9RoCpRkQAvD _BwE   

[23] Rick Feneley, Joel Keep, Australian organ transplant doctors defend China ties, 19 August 2016 at: http://

www.sbs.com.au/news/article/2016/08/19/australian-organ-transplant-doctors-defend-china-ties

[24] Kirsty Needham, Sydney University forced to reveal emails in Chinese organ-donation link scandal, The Sydney Morning Herald, 7 February 2016, at: http://www.smh.com.au/nsw/sydney-university-forced-to-reveal-emails-in-chinese- organ-donation-link-scandal-20160206-gmna3b.html 

[25] Rick Feneley, Joel Keep, Australian organ transplant doctors defend China ties, 19 August 2016 at: http://

www.sbs.com.au/news/article/2016/08/19/australian-organ-transplant-doctors-defend-china-ties

[26] Article 3 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized (sic) Crime Adopted and opened for signature, ratification and accession by General Assembly resolution 55/25 of 15 November 2000, at: https://www.ohchr.org/en/professionalinterest/pages/protocoltraffickinginpersons.aspx

[27] This includes: removal of organs (s271.7A), offences of organ trafficking – entry and exit from Australia (s27.7B), the offence of domestic organ trafficking (s271.7D), and organ trafficking and its aggravated offences (s271.7C and s271.7E)), Criminal Code Act 1995 (Cth), at: http://www6.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/cca1995115/sch1.html

[28] The Criminal Code Act 1995 (Cth), at: https://www.legislation.gov.au/Series/C2004A04868

[29] Kirsty Needham, Sydney University forced to reveal emails in Chinese organ-donation link scandal, The Sydney Morning Herald, 7 February 2016, at: http://www.smh.com.au/nsw/sydney-university-forced-to-reveal-emails-in-chinese- organ-donation-link-scandal-20160206-gmna3b.html 

[30] The Declaration of Istanbul on Organ Trafficking and Transplant Tourism, at: http://www.declarationofistanbul.org

[31] WHO GUIDING PRINCIPLES ON HUMAN CELL, TISSUE AND ORGAN TRANSPLANTATION,As endorsed by the sixty- third World Health Assembly in May 2010, in Resolution WHA63.22 found at: http://www.who.int/transplantation/ Guiding_PrinciplesTransplantation_WHA63.22en.pdf   

[32] UNITED NATIONS OFFICE ON DRUGS AND CRIME Vienna, UNITED NATIONS CONVENTION AGAINST TRANSNATIONAL ORGANISED CRIME AND THE PROTOCOLS THERETO, New York, 2004, at: https://www.unodc.org/ documents/middleeastandnorthafrica/organised-crime/ UNITED_NATIONS_CONVENTION_AGAINST_TRANSNATIONAL_ORGANIZED_CRIME_AND_THE_PROTOCOLS_THER ETO.pdf

[33] Dan Conifer and Henry Belot, Paedophiles could have passports cancelled in ‘world first’ bid to prevent sexual abuse of children overseas, 30 May 2017, ABC News, at: http://www.abc.net.au/news/2017-05-30/paedophiles-could-have- passports-cancelled-bid-to-prevent-abuse/8572738   

[34] DIRECTORATE GENERAL FOR INTERNAL POLICIES, POLICY DEPARTMENT A: ECONOMIC AND SCIENTIFIC POLICY, Proceedings of the Workshop on Organ Harvesting in China, Brussels, 21 April 2015 STUDY; at: http://www.europarl.europa.eu/RegData/etudes/STUD/2016/542201/IPOL_STU(2016)542201_EN.pdf 

[35] The Declaration of Istanbul on Organ Trafficking and Transplant Tourism, at: http://www.declarationofistanbul.org

[36] WHO GUIDING PRINCIPLES ON HUMAN CELL, TISSUE AND ORGAN TRANSPLANTATION,As endorsed by the sixty-third World Health Assembly in May 2010, in Resolution WHA63.22 found at: http://www.who.int/transplantation/ Guiding_PrinciplesTransplantation_WHA63.22en.pdf

[37] The Declaration of Istanbul on Organ Trafficking and Transplant Tourism, at: http://www.declarationofistanbul.org

[38] WHO GUIDING PRINCIPLES ON HUMAN CELL, TISSUE AND ORGAN TRANSPLANTATION,As endorsed by the sixty-third World Health Assembly in May 2010, in Resolution WHA63.22 found at:

http://www.who.int/transplantation/ Guiding_PrinciplesTransplantation_WHA63.22en.pdf 

[39] As consistent with the Declaration of Istanbul on Organ Trafficking and Transplant Tourism, at: http:// www.declarationofistanbul.org

[40] 15 As consistent with the Declaration of Istanbul on Organ Trafficking and Transplant Tourism, at: http:// www.declarationofistanbul.org

[41] 15 As consistent with the Declaration of Istanbul on Organ Trafficking and Transplant Tourism, at: http:// www.declarationofistanbul.org

[42] Although the Report was tabled 3rd December 2018, The Joint standing Committee on Foreign Affairs, Defence, and Trade, Inquiry into Human Organ Trafficking and Organ Transplant Tourism has not yet released their Report publicly at: https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Foreign_Affairs_Defence_and_Trade/HumanOrganTrafficking/Government_Response


[1] Andrea Tokaji is a trained international human rights lawyer, a legal academic lecturing in law and business at Sheridan Institute completing a PhD at NDU, a human rights advocate and political lobbyist in Australia. For more info: www.andreatokaji.com