Submission to the Inquiry Into Human Organ Trafficking and Organ Transplant Tourism by the Human Rights Sub-Committee of The

Total Page:16

File Type:pdf, Size:1020Kb

Submission to the Inquiry Into Human Organ Trafficking and Organ Transplant Tourism by the Human Rights Sub-Committee of The Submission to the inquiry into human organ trafficking and organ transplant tourism by the Human Rights Sub-Committee of the Joint Standing Committee on Foreign Affairs, Defence and Trade I, Fengqiang Zhang appreciate the opportunity to make this submission to the Human Rights Sub-Committee of the Joint Standing Committee on Foreign Affairs, Defence and Trade (the Committee). Terms of Reference The Committee will have regard to the offence of Organ Trafficking under division 271 of the Criminal Code and whether it would be practicable or desirable for: 1. This offence to have extraterritorial application; and 2. Australia to accede to the 2014 Council of Europe Convention against Trafficking in Human Organs. Response to Terms of Reference 1. I believe Australia should pass legislation to prevent citizens of this country travelling to countries for an organ transplant where there is any suspected irregularity in the source of the organs offered for transplant in their country of destination. 2. I support the proposal that Australia accede to the 2014 Council of Europe Convention against Trafficking in Human Organs., and further propose that appropriate domestic legislation be passed to ensure that the terms of the Convention are carried out. Reason for Supporting the Terms of Reference I am making this submission as I have a genuine interest in stopping organ trafficking and transplant tourism crimes. I am a young Chinese immigrant who came to Australia eight years ago. I came here to pursuit my Master’s degree and subsequently became a working professional. I am also a practitioner of Falun Gong which is an ancient Chinese cultivation practice that teaches “Truthfulness-Compassion-Forbearance”. Human rights investigation reports show that thousands of Falun Gong practitioners have been killed for their organs, which are traded for numerous profits. One of the investigative reports written by Ethan Gutmann, David Matas and David Kilgour has exposed China’s lucrative organ transplant industry. (http://endorganpillaging.org/wp- content/uploads/2017/05/Bloody_Harvest-The_Slaughter-2016-Update-V3-and-Addendum- 20170430.pdf) I don’t have personal experience of the practice of organ harvesting in China. By no means are these dreadful crimes not happening in China nowadays. My mother is also a Falun Gong practitioner. In 2004, I witnessed that police illegally broke into my house, arrested my mother without charge or conviction and put her in a detention centre because she believe in the principles of “Truthfulness-Compassion-Forbearance”. Other fellow practitioners were arrested and imprisoned in my hometown and suffered cruel persecutions. No one is safe under the China’s Communist Party’s regime but Falun Gong practitioners are the main targets. Living in the fear of being persecuted for my faith for 11 years, I dreamt of freely practicing Falun Gong. In 2009, I was very fortunate to be able to come to Australia to obtain my Master’s degree. For the first time since the persecution, I felt so relieved and safe that I can practice Falun Gong openly. Therefore, I strongly believe that Australia as a developed country which has strict laws for regulating ethical practice in organ donation and transplants should join as a signatory of the 2014 European Convention against Trafficking in Human Organs, within and without the country. Name and Contact Details Fengqiang Zhang .
Recommended publications
  • David Matas Papers Mg 31, E
    Manuscript Division des Division manuscrits DAVID MATAS PAPERS MG 31, E 109 Finding Aid No. 2053 / Instrument de recherche no 2053 Prepared by Emily Butler under the supervision of Préparé par Emily Butler sous la supervision de Lawrence Tapper, Social and Cultural Archives Section Lawrence Tapper, section des Archives socialles et in 1995. culturelles en 1995. -ii- TABLE OF CONTENTS INVENTORY ENTRY ........................................................ iii CASE FILES ................................................................ 1 REFUGEE AND IMMIGRATION ISSUES ........................................ 24 HUMAN RIGHTS ISSUES .................................................... 33 LEGAL ISSUES ............................................................. 48 WAR CRIMES .............................................................. 50 LIBERAL PARTY ........................................................... 57 JEWISH ORGANIZATIONS ................................................... 59 PERSONAL ................................................................ 61 -iii- INTRODUCTION MATAS, David MG 31, E 109 Vol. File Subject Date CASE FILES 1 1 Aggarwal, Veena Kumari part 1 1978-1979 1 2 Aggarwal, Veena Kumari part 2 1978-1979 1 3 Akbari, Assadullah part 1 1992-1993 1 4 Akbari, Assadullah part 2 1992-1993 1 5 Akbari, Assadullah part 3 1992-1993 1 6 Akbari, Assadullah part 4 1992-1993 1 7 Alcantara, Hercules 1980 1 8 Alvero-Rautert, Dianena part 1 1985-1988 1 9 Alvero-Rautert, Dianena part 2 1985-1988 1 10 Alvero-Rautert, Dianena part 3
    [Show full text]
  • Tribunal Statement My Investigation Into Chinese Organ
    Tribunal Statement My investigation into Chinese organ harvesting of prisoners of conscience was essentially an accident. I had been writing about Chinese Communist Party (CCP) surveillance of Falun Gong practitioners and other dissidents since 2002, around the time I left Beijing to finish Losing the New China (Encounter Books, 2004). By 2005, I was thinking about my next book and my experience on the ground told me that Falun Gong was the biggest issue in China. Yet there was a gap in the existing literature. Research by Falun Gong practitioners was emotionally charged, while published writing by self-proclaimed “objective” outsiders overcompensated with undue formality, bias against spirituality, or avoiding actual witness accounts in favor of formulaic original research. That partially explains why I maintained a degree of skepticism about the first public organ harvesting allegations from both the Epoch Times and the Kilgour- Matas report, Bloody Harvest in 2006. Yet I was firmly convinced that a comprehensive account of the conflict between the Chinese State and Falun Gong was long overdue, and I began a lengthy interview process to fill that gap. One of my very first interviews was in Toronto with three women who were fresh out of labor camp. Even in that early stage, I recognized that their stories were relatively routine – demonstrations at Tiananmen followed by capture, incarceration, and attempts to force practitioners to reject Falun Gong using torture, brainwashing, threats to the family, and humiliation. One of the women – call her Wang - was the least articulate but had a very appealing salt-of-the-earth quality.
    [Show full text]
  • Human Rights in China and U.S. Policy: Issues for the 117Th Congress
    Human Rights in China and U.S. Policy: Issues for the 117th Congress March 31, 2021 Congressional Research Service https://crsreports.congress.gov R46750 SUMMARY R46750 Human Rights in China and U.S. Policy: Issues March 31, 2021 for the 117th Congress Thomas Lum U.S. concern over human rights in China has been a central issue in U.S.-China relations, Specialist in Asian Affairs particularly since the Tiananmen crackdown in 1989. In recent years, human rights conditions in the People’s Republic of China (PRC) have deteriorated, while bilateral tensions related to trade Michael A. Weber and security have increased, possibly creating both constraints and opportunities for U.S. policy Analyst in Foreign Affairs on human rights. After consolidating power in 2013, Chinese Communist Party General Secretary and State President Xi Jinping intensified and expanded the reassertion of party control over society that began toward the end of the term of his predecessor, Hu Jintao. Since 2017, the government has enacted new laws that place further restrictions on civil society in the name of national security, authorize greater controls over minority and religious groups, and further constrain the freedoms of PRC citizens. Government methods of social and political control are evolving to include the widespread use of sophisticated surveillance and big data technologies. Arrests of human rights advocates and lawyers intensified in 2015, followed by party efforts to instill ideological conformity across various spheres of society. In 2016, President Xi launched a policy known as “Sinicization,” under which the government has taken additional measures to compel China’s religious practitioners and ethnic minorities to conform to Han Chinese culture, support China’s socialist system as defined by the Communist Party, abide by Communist Party policies, and reduce ethnic differences and foreign influences.
    [Show full text]
  • Inquiry Into Human Organ Trafficking and Organ Transplant Tourism
    Committee Secretary Parliamentary Joint Standing Committee on Foreign Affairs, Defence and Trade PO Box 6021 Parliament House Canberra ACT 2600 By email: [email protected] 3 October 2018 Dear Committee Secretary, Submission to the Inquiry into Human Organ Trafficking and Organ Transplant Tourism Please find attached a submission to the Inquiry into Human Organ Trafficking and Organ Transplant Tourism. I thank you for the grant of an extension of time in which to lodge this submission. If you would like to discuss any aspect of this submission, please contact me by email at [email protected]. Yours faithfully, Dr David Matas International Human Rights Lawyer Winnipeg, Canada Dr David Matas, Submission to the Inquiry into Human Organ Trafficking and Organ Transplant Tourism 1 Submission to the Inquiry into Human Organ Trafficking and Organ Transplant Tourism Contents 1. About Dr David Matas 2. Australian deterrence of international organ trafficking 3. Australia’s Department of Foreign Affairs and Trade and organ transplant abuse in China 4. Bodies exhibits 5. Reporting 6. Conclusion Dr David Matas, Submission to the Inquiry into Human Organ Trafficking and Organ Transplant Tourism 2 1. About Dr David Matas Dr David Matas is an international human rights lawyer, author and researcher based in Winnipeg and currently acts as Senior Honorary Counsel for B’nai Brith Canada. He has served the government of Canada in numerous positions including as member of the Canadian delegation to the United Nations Conference on an International Criminal Court; the Task Force for International Cooperation on Holocaust Education, Remembrance and Research; and the Organization on Security and Cooperation in Europe Conferences on Antisemitism and Intolerance.
    [Show full text]
  • Solidarity and the Silencing of Palestinian Narratives I I
    1'"' Outside the Mi.ilticultural: Solidarity and the Silencing of Palestinian Narratives I I RAFEEF ZIADAH ·I A DISSERTATION SUBMITTED TO : THE FACULTY OF GRADUATE STUDIES IN PARTIAL°FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY GRADUATE PROGRAM IN POLITICAL SCIENCE YORK UNIVERSITY TORONTO, ONTARIO October, 2013 © Rafeef Ziadah, 2013 Abstract This dissertation examines a series of efforts by the Canadian state to silence and censor the Palestine Solidarity Movement (PSM), particularly activism engaged in the Boycott, Divestment and Sanctions campaign, in the years following the second Palestinian uprising (Intifada) of 2000. Following a delineation of the broad contours of Canada's official multicultural policy, the dissertation seeks to interrogate multicultural policy's inability to·accommodate Palestinian narratives relating to the struggle for Palestinian self-det~rmination. The analysis explores the central contradiction between the multicultural st*e's self-construction as accommodating and even celebrating cultural difference, and Canada's adoption and deployment of the discourse of clash of civilizations and the War on Terror. Rooted in a critique of liberal theories of the state and an understanding of Canada as a racial state embedded in neoliberal global hierarchies as a second tier imperialist state, this study reveals the ways in which notions of "tolerance" may be used to establish boundaries and markers of belonging. Moments of erasure and silencing are analyzed as racializing moments, whereby the state reveals its class and racial character in both domestic and international spheres. Specifically, the manifestations of anti-Arab, anti­ Muslim racism in Canada are interrogated. The silencing campaign against the Palestine Solidarity Movement demonstrates the role official multicultural policy has played in obfuscating this racism.
    [Show full text]
  • Prosecution in Canada for Crimes Against Humanity
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE NYLS Journal of International and Comparative Law Volume 11 Number 3 SYMPOSIA: 1990 Article 5 1990 PROSECUTION IN CANADA FOR CRIMES AGAINST HUMANITY David Matas Follow this and additional works at: https://digitalcommons.nyls.edu/ journal_of_international_and_comparative_law Part of the Law Commons Recommended Citation Matas, David (1990) "PROSECUTION IN CANADA FOR CRIMES AGAINST HUMANITY," NYLS Journal of International and Comparative Law: Vol. 11 : No. 3 , Article 5. Available at: https://digitalcommons.nyls.edu/journal_of_international_and_comparative_law/vol11/iss3/ 5 This Article is brought to you for free and open access by DigitalCommons@NYLS. It has been accepted for inclusion in NYLS Journal of International and Comparative Law by an authorized editor of DigitalCommons@NYLS. PROSECUTION IN CANADA FOR CRIMES AGAINST HUMANITY DAVID MATAS * I have been asked to address five questions. Why did I push for prosecution of Nazi war crimes and crimes against humanity? Why did Canada decide in favor of prosecuting of Nazi war criminals and criminals against humanity found in Canada? Why is it important to prosecute these crimes in the way we have in Canada? What are the justifications of punishment? How has it worked out? I will attempt to answer, briefly, each of the questions in turn. But first I will discuss what Canada has done to date. I. CANADIAN ACTION TO DATE There is a whole body of international criminal offenses that is punishable by the Canadian
    [Show full text]
  • Falun Gong in China
    Genocide Studies and Prevention: An International Journal Volume 12 Issue 1 Article 6 6-2018 Cold Genocide: Falun Gong in China Maria Cheung University of Manitoba Torsten Trey Doctors Against Forced Organ Harvesting David Matas University of Manitoba Richard An EME Professional Corp Legal Services Follow this and additional works at: https://scholarcommons.usf.edu/gsp Recommended Citation Cheung, Maria; Trey, Torsten; Matas, David; and An, Richard (2018) "Cold Genocide: Falun Gong in China," Genocide Studies and Prevention: An International Journal: Vol. 12: Iss. 1: 38-62. DOI: https://doi.org/10.5038/1911-9933.12.1.1513 Available at: https://scholarcommons.usf.edu/gsp/vol12/iss1/6 This Article is brought to you for free and open access by the Open Access Journals at Scholar Commons. It has been accepted for inclusion in Genocide Studies and Prevention: An International Journal by an authorized editor of Scholar Commons. For more information, please contact [email protected]. Cold Genocide: Falun Gong in China Acknowledgements This article is dedicated to the Chinese citizens who were innocently killed for their spiritual beliefs. This article is available in Genocide Studies and Prevention: An International Journal: https://scholarcommons.usf.edu/gsp/vol12/iss1/6 Cold Genocide: Falun Gong in China Maria Cheung University of Manitoba Winnipeg, Manitoba, Canada Torsten Trey Doctors Against Forced Organ Harvesting Washington, D.C., USA David Matas University of Manitoba Winnipeg, Manitoba, Canada Richard An York University Toronto, Ontario, Canada Introduction The classical school of genocide studies which traces back to Raphael Lemkin focuses on eradication of a group through the mass murder of its members in a short period.
    [Show full text]
  • ORGAN HARVESTING SPEECH by David Matas Is China Harvesting
    ORGAN HARVESTING SPEECH by David Matas Is China harvesting organs of Falun Gong practitioners, killing them in the process? A Japanese television news agency reporter and the ex-wife of a surgeon in March 2006 claimed that this was happening in Sujiatun, China. Are those claims true? The Coalition to Investigate the Persecution of the Falun Gong in China, an organization headquartered in Washington D.C., in May asked former Minister of State for Asia and the Pacific David Kilgour and me to investigate these claims. We released a report in July 2006 and a revised report in January 2007 which came to the conclusion, to our regret and horror, that the claims were indeed true. The repressive and secretive nature of Chinese governance made it difficult for us to assess the claims. We were not allowed entry to China, though we tried. Organ harvesting is not done in public. If the claims are true, the participants are either victims who are killed and their bodies cremated or perpetrators who are guilty of crimes against humanity and unlikely to confess. We examined every avenue of proof and disproof available to us, thirty three in all. They were: a) General considerations 1) China is a systematic human rights violator. The overall pattern of violations makes it harder to dismiss than any one claimed violation. 2) The Government of China has reduced substantially financing of the health system. Organ transplants are a major source of funds for this system, replacing the lost government funding. 1 3) The Government of China has given the military the green light to raise money for arms privately.
    [Show full text]
  • David Matas: 'Transplant Tourism from the Middle East'
    David Matas: ‘Transplant Tourism from the Middle East’ Remarks prepared for delivery to the Middle East Society for Organ Transplantation, Istanbul, Turkey, 10 September, 2014 By David Matas | September 13, 2014 | Last Updated: September 13, 2014 4:29 pm There needs to be more of an effort in the Middle East to combat transplant tourism from the Middle East. National professional associations should require compliance with international standards. My focus is, in particular, transplant tourism from the Middle East into China. Why I have this focus will, in the course of this presentation, become apparent. International Standards These professional international standards worth noting: • The Transplantation Society Ethics Committee Policy Statement ‑ Chinese Transplantation Program November 2006 and Mission Statement (TTS). • The Declaration of Istanbul on Organ Trafficking and Transplant Tourism May 2008 (Istanbul) • World Health Organization Guiding Principles on Human Cell, Tissue and Organ Transplantation, May 2008 (WHO) • World Medical Association Statement on Organ and Tissue Donation October 2012 (WMA) These standards provide: Policies Every national and regional professional association and society should develop a written ethics policy on the clinical practice of transplantation, including the subject of executed prisoners. (TTS) Sources of organs There should be no recovery and no complicity in the recovery of organs or tissues from executed prisoners. (TTS and WMA) Transplant tourism Organ trafficking and transplant tourism violate the principles of equity, justice, and respect for human dignity. (Istanbul) Advertising and brokerage There should be no advertising (including electronic and print media), soliciting, or brokering for the purpose of transplant commercialism, organ trafficking, or transplant tourism.
    [Show full text]
  • Combatting Organ Transplant Abuse in China by David Matas (A Submission to the Irish Parliamentary Committee on Foreign Affairs, July 6, 2017)
    Combatting organ transplant abuse in China by David Matas (A submission to the Irish Parliamentary Committee on Foreign Affairs, July 6, 2017) A comprehensive strategy against organ transplant abuse in China has two prongs. One is efforts to combat the abuse directly in China. A second is to combat complicity abroad in the abuse in China. Efforts to combat abuse in China Foreign policy combatting organ transplant abuse in China should incorporate, at least, these features: 1) Organ transplant abuse in China should be condemned. 2) International instances should be asked to conduct an investigation into organ transplant abuse in China. The request should be made to the Council of Europe, the European Union, the United Nations Human Rights Council and the Office of the United Nations High Commissioner for Human Rights. 3) China should be asked to provide historical and present death penalty statistics. 4) China should be asked to make publicly accessible its aggregate data from its four transplant registries - for heart, liver, lung and kidney. 5) China should be asked to allow independent outside investigators access to hospital patient and organ donor files. 6) China should be asked to allow independent outside investigators access to hospital financial records and in particular, the amounts received from patients for organ transplants and the amounts spent on all pharmaceuticals related to transplantation. 7) China should be asked to allow independent outside investigators to make unannounced visits to transplant hospitals and organ donation centres. 8) China should be asked to allow access to its prisons by the International Committee of the Red Cross.
    [Show full text]
  • Letter Reso 1..4
    *LRB09814626MST50841r* HR0730 LRB098 14626 MST 50841 r 1 HOUSE RESOLUTION 2 WHEREAS, Falun Gong is a peaceful spiritual practice with 3 key values of truthfulness, compassion, and forbearance for 4 achieving physical and spiritual well-being through exercise 5 and meditation; and 6 WHEREAS, Falun Gong has benefitted tens of millions in 7 China and elsewhere; and 8 WHEREAS, Since July 1999, Falun Gong practitioners have 9 been persecuted by the Chinese Communist Party, as documented 10 by the United States Department of State, the U.S. Commission 11 on International Religious Freedom, Amnesty International, 12 Human Rights Watch, and many other governmental and third-party 13 organizations; and 14 WHEREAS, This persecution of the Falun Gong has involved 15 the widespread use of torture; and 16 WHEREAS, The Chinese Communist authority is persecuting 17 Falun Gong practitioners with this policy: "Defame their 18 reputation, bankrupt them financially, destroy them 19 physically"; and 20 WHEREAS, Over 3,700 Falun Gong practitioners have died from -2-HR0730LRB098 14626 MST 50841 r 1 documented abuse, and some of their bodies were missing 2 internal organs; and 3 WHEREAS, The U.S. Department of State in its 2011 Country 4 Reports on Human Rights Practices stated, "Overseas and 5 domestic media and advocacy groups continued to report 6 instances of organ harvesting, particularly from Falun Gong 7 practitioners and Uighurs"; and 8 WHEREAS, Canadian human rights attorney David Matas and 9 former Canadian Secretary of State for Asia-Pacific David
    [Show full text]
  • THE PLIGHT of UYGHURS in CHINA Hon. David Kilgour, J.D., For
    THE PLIGHT OF UYGHURS IN CHINA Hon. David Kilgour, J.D., for International Coalition to End Transplant Abuse in China (ETAC) Universal Peace Federation Ottawa 28 Jan 2020 MIHRIGUL TURSUN, refugee Photo credit: Radio Free Asia Allow me to introduce Mihrigul Tursun, a Uyghur woman who grew up in Xinjiang, who moved overseas for employment opportunities. In 2015, she gave birth in Egypt to triplets Two months later, she flew with them to Xinjiang to visit her parents. Upon arrival at the airport in Urumqi, she was interrogated by Chinese authorities. They then separated her from her triplets and detained her in a “vocational training centre.” When released three months later, she was told that one of her sons had inexplicably died after an operation in hospital. Her passport was confiscated and she was forced to remain in China. Two years later, while staying in her parents’ home 1 1,184 km from Urumqi, she was taken from her two toddlers and again placed in detention - this time in an overcrowded cell with more than 50 other women. The cell was so crowded that they had to take turns sleeping in shifts and standing. Over time, nine of the detainees died from the conditions. In 2018, diplomats from the Egyptian Embassy in Beijing intervened to help her leave prison and reunite with her two children and they finally left for Cairo. One year ago, they moved to the state of Virginia and began working through the U.S. asylum process. It hasn’t been easy - her son is asthmatic, but she’s unable to take him to a pediatrician because she lacks health insurance.
    [Show full text]