Forced Organ Removal: China

Alan Duncan Excerpts

Tuesday 11th October 2016 Westminster Hall

[The Minister for Europe and the Americas (Sir Alan Duncan)]

Thank you, Mr Gapes, for calling me to speak; I am very pleased to respond to this important debate. Of course, normally it would be the Under-Secretary of State for Foreign and Commonwealth Affairs, my hon. Friend the Member for Reading West (Alok Sharma), who would reply, but he is in Indonesia. So I am very pleased to take his place, in order to respond to the concerns about this issue that have been so graphically expressed in this debate.

I thank the hon. Member for Strangford (Jim Shannon) for securing the debate, and let us be very clear from the outset that any form of involuntary organ removal violates established medical and legal principles. However, the concerns that Members have expressed today relate to the most disturbing form of involuntary organ removal— “organ harvesting”. Organ harvesting is the notion that members of minority groups and religious groups in China are held in detention, are unable to communicate with the outside world, and are killed specifically for their organs, virtually “to order”. To hon. Members—and indeed the citizens of this country—the notion of organs being “harvested” and used for transplant, virtually “to order”, is particularly abhorrent. There is also the separate ethical and moral question of involuntary organ removal from executed prisoners, with or without their alleged consent.

As we have heard, recent publications, including some that have been referred to in this debate today, have brought the issue of alleged “organ harvesting” into the spotlight. The authors of such reports believe that this practice is happening in China today and that the victims are mostly innocent people who just wish to practice their religion peacefully.

My officials consider the Kilgour, Gutmann and Matas report to be a very important source of information about China’s organ transplant system. It highlights how difficult it is to verify the number of organ transplants conducted in China each year, and states that it is almost impossible to identify the source of those organs.

The report rightly questions the lack of transparency in China’s organ transplant system. However, the authors of that report make it clear that they have no definitive evidence to justify their allegations. They are necessarily forced to rely on assumptions, and sometimes on research techniques that are less than rigorous. Although I do not doubt the need to maintain close scrutiny of organ transplant practices in China, we believe that the evidence base is not sufficiently strong to substantiate claims about the systematic harvesting of organs from minority groups. Indeed, based on all the evidence available to us, we cannot conclude that this practice of “organ harvesting” is definitely happening in China.

[Jim Shannon]

The information coming from the US congressional commission is that it has such evidence in its possession. Also, I understand that the Canadian Government have initiated some evidence taking, which shows that there is what they refer to as systematic forced organ transplantation. If that is the case, and the evidence exists—I believe that it clearly does—will the Minister look at that evidence, that information, and on the back of it take the action we all wish him to take?

--- Later in debate ---

[Sir Alan Duncan]

My understanding of the congressional report is that although it is broadly very critical of human rights in China, the report mentions organ harvesting only once. However, I will undertake to ask officials to write to the hon. Gentleman and expand further on the exact details of that point, in the hope that such comments will satisfy him about what I am saying.

[Fiona Bruce]

By necessity, there are no witnesses to the removal of the organs—the people involved are dead—but does the Minister not agree that, although we have talked about huge numbers, even one transgression of human rights caused by the involuntary removal of an organ is grossly wrong? Despite the fact that the authors of the report have challenged—indeed asked—the Chinese Government to reject their assertions, to come out and say that they are incorrect, there has been complete silence. There has been no rejection of the research or the information, or indeed of the authors’ conclusions.

[Sir Alan Duncan]

At the outset, I stated the principles by which we ought to look at the entire issue, and in that sense I totally agree with my hon. Friend. She is right to say that the difficulty of the issue is that, by its very nature, if it goes on it is hidden. Therefore, to establish the evidence is a very difficult exercise, but in respect of engagement with the Chinese Government I hope that in a moment I will be able to offer my hon. Friend a bit of reassurance about some progress we have been making.

The Government have serious concerns about restrictions on the freedom of religion or belief in China, including for Falun Gong practitioners. The freedom to practise, change or share one’s faith or belief without discrimination or violent opposition is a fundamental right that all people should enjoy, yet we have solid evidence, from multiple sources, of the persecution of religious minorities. Christians, Muslims and Buddhists, as well as Falun Gong practitioners, are persecuted through different means, with reports of their being detained incommunicado, being tortured and receiving inhuman treatment, and also being subjected to interference in their places of worship and in their religious teaching and customs. Everyone should be free to practise their religion according to their beliefs, in accordance with the international frameworks to which both the UK and China are party.

I assure the House that the Government pay close attention to the human rights situation in China. Indeed, no fewer than three British Ministers have raised individual cases with their Chinese counterparts in the past few months. As the former Minister of State for Foreign and Commonwealth Affairs, my right hon. Friend the Member for East Devon (Mr Swire), stated to the House on 12 July, we have raised concerns about reports of organ harvesting, as well as of the torture and mistreatment of detainees, during our annual human rights dialogue with China, and I can let my hon. Friend the Member for Gloucester (Richard Graham) know that the next such exchange will be on 27 and 28 October, here in London. At that exchange, we will raise our human rights concerns, including the treatment of Falun Gong practitioners and the lack of transparency in China’s organ transplant system. So the debate is timely, and I will ensure that hon. Members’ concerns are raised at that dialogue.

The use of the death penalty in China is also a subject of great concern, with the number of prisoners being executed a closely guarded secret and, therefore, difficult to estimate. We oppose the death penalty in all circumstances and campaign actively worldwide for its abolition. In the past, organs were taken from executed prisoners without prior consent. China committed to end the practice of involuntary organ removal from January 2015. Although that was an important and positive step, the degree to which it has been implemented is not clear. There are also complex ethical questions about the ability of condemned prisoners to give free and valid consent.

Following representations to the Chinese authorities, we received information on their organ donation policy yesterday. Although we have only just received the information—officials are scrutinising it—I would like to share it with the House. The information states that all organ donations in China are handled within a clear legal framework that meets international standards, including those of the World Health Organisation. There is a registration centre for managing information about the origins of organs used for donations, and statistics are shared with the WHO. The Chinese authorities provided statistics for 2015, which stated that 7,785 organs were donated from 2,766 donors. We intend to contact the WHO to try to validate that information. We have, however, received no detailed information about the treatment of prisoners’ organs. We therefore believe that, based on the evidence we have, it is likely that executed prisoners remain a key source of organs for transplant in China.

The hon. Member for Nottingham South (Lilian Greenwood), who is no longer in her seat, and the Opposition Front-Bench spokesperson, the hon. Member for Hornsey and Wood Green (Catherine West), raised the issue of people travelling to China for medical treatment, including what might be described as organ tourism. We do not collect data on that, but we believe that few people in the UK choose to travel to China for that purpose. The hon. Member for Hornsey and Wood Green asked if we would ban such travel, but the British Government cannot prevent individuals from travelling. We can, however, flag the risks and ensure that individuals are aware that other countries might have poorer medical and ethical safeguards than the UK does. Travelling abroad for any treatment, including organ transplant, carries risks. Medical staff have a responsibility to inform patients who are considering that route of the risks and of the fact that organs might not have been donated freely.

My hon. Friend the Member for Congleton (Fiona Bruce) mentioned the Conservative party human rights commission report. Although the Government were not asked to give evidence to the commission, and as such the report does not entirely reflect Government policy, there is much in it with which we agree. We are already pursuing an approach that is consistent with many of the report’s recommendations but parts of the report require further investigation to substantiate some of the claims made. Officials have offered to meet the authors, and as there is—I think—a plan to produce a separate report on organ harvesting, they have tried, but so far without success, to engage with the process of compiling that report.

[Fiona Bruce]

With respect, I believe that the Minister is referring to the wider report on human rights in China, which was produced by the commission some three months ago. Indeed, the commission said that it would produce a supplementary report on organ harvesting, and it is that report, published today, to which I referred and at which I hope officials will look. The commissioners, Members of Parliament and Members of the House of Lords would, I know, welcome the opportunity to meet Foreign Office officials to discuss both reports further.

[Sir Alan Duncan]

In the spirit in which my hon. Friend is entering into this, I can confirm that we would be pleased for her to come and speak to officials to discuss all the details and the evidence to see whether we can share information in order to understand exactly what the facts are, and therefore what the policy should be.

There was also a reference to a meeting of the UN Human Rights Council in September. We vigorously raise all human rights concerns on such occasions, although on this occasion not specifically organ harvesting.

[Jim Shannon]

I just want to recap on the organ tourism issue that the shadow Minister and the hon. Member for Nottingham South (Lilian Greenwood) talked about. Have the Government had an opportunity to raise the subject with other western countries? For instance, are the Government aware of what other countries do about it? Is there a chance we could work together to address the issues of organ tourism and those who go abroad specifically to get an organ? It is forced organ transplantation, so we have concerns. It would be better if the western countries could work together on that. Is there an opportunity to do that?

[Sir Alan Duncan]

It is probably true to say that there has not been much discussion with other countries on this particular issue. The hon. Gentleman, of course, has a point: when countries work together they can be more effective. Again, I will ask officials to write to him about such an initiative.

[Fiona Bruce]

May I intervene one final time?

[Sir Alan Duncan]

Of course.

[Fiona Bruce]

Will the officials ascertain which countries have already banned travel for organ tourism? I believe that Israel and possibly others have done so.

[Sir Alan Duncan]

It may not be practical to police it, but I can assure the House that the UK works with like-minded partners to strengthen the rules surrounding organ transplantation worldwide. This includes the development of the World Health Organisation guiding principles to ensure that organ removal for transplant takes place only according to agreed guidelines. We also support the declaration of Istanbul, which encourages all countries to draw up legal and professional frameworks to govern organ donation and transplantation activities. In the past eight years, more than 100 countries, including China, have endorsed the principles of the declaration and subsequently strengthened their laws against the commercial organ trade.

Contrary to some reports, our trading relationship with China does not prevent us from having frank discussions with the Chinese authorities on issues of concern such as this. We will continue to engage with them on the full range of issues, including organ transplants and the wider human rights agenda. We will continue to promote the universal values of freedom and respect for human rights and the importance of international co-operation.