Nigeria's Organ Trafficking Nightmare: Human Rights Violations and Exploitation

In Nigeria, an atrocious crime has been taking place behind closed doors involving the illegal harvesting of organs. It is a monstrous act that exploits the human rights of the most vulnerable members of society and needs urgent attention and action. In the last decade, organ trafficking has become one of the booming illegal businesses in Nigeria. The United Nations has estimated the illegal organ trade to be worth over $160 million per year, with Nigeria being one of the top African nations for organ trafficking. In March, a senior Nigerian Senator, his wife and a doctor were found guilty of trafficking a homeless child from Nigeria to the United Kingdom to harvest his organs. Luckily, no such procedure went ahead as the victim handed himself into the police station claiming he had been trafficked for his organs. The severity of this crime and its shocking nature has forced this issue to resurface amongst the international community. 

Organ trafficking has become a crime of international concern and notorious cases have occurred around the world such as The Gurgaon Trafficking Network (India), The Netcare Trafficking Network (South Africa) and The Medicus Trafficking Network (Kosovo). As a response to this, the UN introduced the Palermo Protocol which was the first binding international legal document recognising human trafficking for organ removal and urged states to punish those liable for such crimes. Despite this, illegal organ trafficking continues to thrive in Nigeria, with children from extremely low-income families in West Africa making up one of every three victims.

What is organ trafficking?

The World Health Organisation (WHO) defines organ trafficking as the "recruitment, transportation, transfer, harboring, or receipt of living or deceased persons or their organs by means of threat, use of force, or other forms of coercion or deception, for the purpose of organ removal and transplantation." 

Victims' organs are typically removed against their will and sold on the black market, here small body parts like fingers and toes are sold for transplantation as well as major organs like kidneys, liver, heart and lungs. However, the most prominent organs traded illicitly are kidneys, to which the WHO estimates that 10,000 kidneys are traded on the black market worldwide annually with one sold every hour. Likewise, according to the Global Database on Donation and Transplantation from 2015 to 2020, a total of 651 kidneys were transplanted illegally from Nigeria.

Organ suppliers are often manipulated by misinformation when providing their organs, with brokers promising that their kidneys will grow back and that it is unnatural to have two kidneys. After the medical procedure has been completed, victims are often offered a lower sum than what was initially agreed upon (between $1,000-5,000) and some are not paid at all. This contrasts with brokers who reap the profits, often selling organs for $150,000. 
This coercive act is usually carried out in the criminal underworld by an organised network of illegal brokers and agents who supply organs from victims to recipients. Participants in the process range from 'organ hunters' to full-time professionals in the medical field such as doctors, nurses, anesthetists and ambulance staff as well as travel agents and insurance agents. 

Why is organ trafficking booming in Nigeria?

The reason for organ trafficking thriving in Nigeria is multifaceted, some of the reasons it especially thrives in Nigeria are due to a lack of regulation and enforcement of medical ethics, poverty, inequality and unconscionable medical practitioners as facilitators. 

Victims of organ trafficking are more commonplace in Nigeria as poor individuals are swayed by financial incentives and unaware of the potential risks associated with such a procedure. With about 100 million people living below the poverty line and youth employment topping 30%, it is no surprise that people are often driven by the promise of a better life. This is the case at both ends of the spectrum, Nigerian citizens are either desperate and happy to risk being fined $2,400 for participation in the illicit profitable trade or are deceived into illegal immigration end up having their hearts and ovaries harvested for $280-$500 profit. Therefore, the practice is seen as a lucrative earner for all those involved.

Furthermore, as with many developing countries, Nigeria does not have the luxury of accessible organ banks like most developed countries have. In most developing countries, at the point of death, you can volunteer your organs to be harvested. The issue according to the President of the Nigerian Medical Association, Uche Ojinmah, is that Nigeria lacks the storage facilities to store kidneys, lungs and hearts.

Violation of human rights

The practice of illegal organ trafficking in Nigeria is associated with numerous human rights violations. The main violation that victims experience is the human right to bodily integrity and autonomy. Vulnerable victims from poor socio-economic backgrounds and lack of quality education are often deceived into thinking they're undergoing a basic medical procedure, without knowing the reality of the situation. For example, reports have shown some victims are placed under anesthesia or other drugs to then wake up and discover that their organs are missing. Victims are also at risk of contracting infections and diseases during the harvesting process, which can lead to serious health complications or even death. 

In addition, organ donors are often left without proper medical care or financial compensation after the procedure is completed. Organ donors are often exploited and subjected to physical and psychological abuse. The process is sometimes made even more cruel when victims' organs are removed without anesthetic, resulting in long-term trauma and sometimes death. 

So what is Nigeria doing about it?

Nigeria does not have any existing comprehensive legislation in place which specifically deals with organ trafficking. Of course, there is debate as to whether direct legislation would make a significant impact in combating the issue, legislative prevention could certainly be a starting point for controlling and preventing organ trafficking. Nigeria is a state party to the Palermo Protocol and has various domestic legislation combating human trafficking. The National Health Act 2015 (NHA) is the predominant legislative instrument for the regulation, development and management of health system standards setting for the rendering of health services in Nigeria. The act essentially covers Nigerian citizens from forced organ removal by criminalising the sale and purchase of organs and punishes those involved in the trade. Other Acts include the Human Trafficking Act 2015 and the National Agency for the Prohibition of Trafficking in Persons (NAPTIP). 

However, there are no codified Nigerian laws on organ transplantation and the National Health Act has been criticised as being too vague. According to Adeyemo, the NHA leaves a host of salient issues unaddressed and localises organ trafficking as a domestic crime, overlooking the transnational nature of the crime. Adeyemo further criticises the legislation as underestimating the potential menace of organ trafficking. For example, the Trafficking in Persons Law Enforcement and Administration Act 2015 subsumes organ trafficking as a 'result crime' of human trafficking, thus where organ trafficking is unrelated to human trafficking, it may not be punishable under this Act.

The future of organ trafficking in Nigeria 

Adeyemo recommends a holistic approach, combating the issue both legally and socially. Illegal organ trafficking thrives in Nigeria because there is no regulation of the overall process and no government regulatory body overseeing organ transplantation, this process takes political will and funding. Health and transplant facilities could benefit by being properly monitored to capture suspicious activity, the NHA currently has nothing that enforces oversight and monitoring duties by the committee.

At the domestic social level, the Nigerian government must do more to educate those who reside in organ trafficking hotspots who are the most vulnerable. Those in poverty-stricken areas must be educated on the health and legal risks associated with organ trafficking to deter the practice from happening. 

However, the recent Anambra state police whistleblower cover-up highlighted by the Human Rights Writers Association of Nigeria (HURIWA) showed that 'there's no political will on the side of the police to press for justice' on the matter of illegal organ trafficking.

To combat this corruption, perhaps an accessible and anonymous platform for whistleblowing could also be useful, allowing citizens to expose large organ trafficking networks which have gone underground.

Image Credits: Michele Barp — Edited by GorStra