Shifra Lukwago, a Commissioner at UHRC pointed out that Clause 88 of the Bill prohibits commercial dealings in human material for transplantation, yet Clause 88 (2)(a) allows for payments that do not constitute financial gain in particular compensation for living donors for loss of earning caused by the removal of an organ.
Human Rights Commission – UHRC and Uganda Law Society – ULS have punched holes
in the Human Organ and Transplantation Bill, 2021.
submissions before the Health Committee of Parliament on Wednesday, UHRC is
concerned that Clause 88 of the Bill relating to the compensation for loss of
earnings may be exploited to cause commercial dealings in human material for
a Commissioner at UHRC pointed out that Clause 88 of the Bill
prohibits commercial dealings in human material for transplantation, yet Clause
88 (2)(a) allows for payments that do not constitute financial gain in
particular compensation for living donors for loss of earning caused by the removal
of an organ.
Lukwago, the Bill does not indicate how donors will be assisted to medically
and psychologically recover and who meets the cost for the case of vulnerable
persons, cognizant of the fact that the process of organ transplantation is
//Cue in: “The Bill must…
Cue out:…donors to recover.”//
Lawyer Monica Kyamazima, the Country Director of Willow International which
works to end trafficking in Uganda pointed out that Clause 73(a) of the
Bill is unlawful because it gives express approval to a minor to give consent
to an organ donation during transplant yet the legal framework in Uganda does
not permit a child below the age of 18 to make consent.
//Cue in: “The express consent…
Cue out:…to that effect.”//
Kyamazima who presented the Uganda Law Society President, Phiona Nabaasa
Wall explained that under Clause 54 of the Bill, there should
therefore provide protocols of withholding consent to donate organs.
Society proposes that Clauses 63 and 68 of the Bill should also cater for the
respect of religious or societal norms that may affect the giving of consent to
donate organs even in instances of the potential donor being brain dead or
advocates are concerned about Clause 52 of the Bill which tackles
the criteria and priority of the waiting list relating to who gets
priority to receive an organ, tissue, or cell.
They proposed that the Bill
should specify how patients will be prioritized, in terms of urgency, the severity of
illness, and age.
activists are concerned about the Government's readiness in terms of human
resource readiness, expertise, and infrastructure once the law is enacted.
Clause 3 of the Bill specifies that donations and transplantation of human
organs, tissue, and cell include; kidneys, heart, lungs, liver, pancreas,
intestines, bone marrow, and skin among others.
14 of the Bill provides for the Council to investigate any complaint of breach
of any of the provisions of the Act, the advocates argue that the Bill in its
current form does not provide for any redress procedures for the donors or
their relatives in cases where surgery is mishandled.
Currently, Uganda has no law governing the transplanting of human organs and
yet the need for it is increasingly becoming an important part of health
care that requires urgent attention.
Committee Chairperson Dr. Charles Ayume, who doubles as the MP for Koboko
Municipality reiterated that human organs in Uganda have oftentimes been unlawfully
transplanted, donated, and even stolen especially in Middle East countries
because of the absence of the law to regulate it.
5th, 2022, the Minister of Health, Dr. Jane Ruth Aceng tabled the Bill in
the House seeking to regulate organ and tissue donation and transplant in
Uganda. The Bill designates Mulago National Referral Hospital as the
pioneering transplant center.
prescribes the criteria to be followed in an organ transplant, establishes
standards for storage for harvested organs, and establishes an organ and tissue
database and reporting requirements among others.
Ochola's journalism career begun from Radio King 90.2 FM in Gulu around 2009, and Radio Rupiny 95.7 Fm under Vision Group in 2012. He also reported for Mighty Fire 91.5 Fm, Kitgum in 2015 before joining Wizarts Foundation in 2017.
He has been reporting for Uganda Radio Network (URN) since 2017 before being posted as Bureau Chief Kitgum, and latr Gulu between 2018 - 2021. Currently, he reports from Parliament.