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Forced Organ Harvesting: Another Chinese Communist Party's Means to Target Minorities and Dissidents

Human Rights Research Center

Author: Xun Jia

January 16, 2025



February 14, 2024, marked the 26th annual National Donor Day, which is “an observance dedicated to spreading awareness and education about organ, eye and tissue donation.” In 2022, there were 157,494 solid organ transplants reported, a 9.1% increase from the previous year. While organ donation in many nations is completely voluntary and by consent of the donor or their immediate family members only, a significant portion of the world’s population is still living under the threat of forced organ harvesting.


Unlike organ donation, organ harvesting is a form of organ transplantation practiced against the victim's will and has been outlawed in many states, including China. The latest regulatory paper on the subject is The Regulation of Human Organs Donations and Translations (“Regulation”), signed by Prime Minister Qiang Li on December 4, 2023. Clause 2 of Chapter 1 of the Regulation states that human organ donations shall be “voluntary and non-for-profit”; Clause 8 of Chapter 2 reiterated that “human organ donations shall follow the principle of volunteer and non-for-profit.” And if a citizen, before their death, expressed the wish not to donate their organs, “no individual or organization shall donate or obtain that citizen’s organs,” as listed in Clause 9 of Chapter 2. The Regulation also has an entire chapter focusing on legal liability; there are several clauses stating that violations may be punishable by criminal penalties.


Despite de jure prohibition of organ harvesting, extensive evidence suggests that the Chinese Communist Party (CCP) has been relentlessly carrying out the practice, targeting ethnic minorities, religious groups, and political dissidents. Ultimately, the CCP aims to achieve a chilling effect, suppress minority voices, and wipe out citizen opponents silently without facing significant public and international scrutiny. From 1984 to 2015, the CCP had a regulation aimed at utilizing the organs of death row prisoners. The regulation stated only corpses that are abandoned, those for which donation is made with the consent of kin, or those for which donation is made with self-consent can be used for organ collection. In 2009, China Daily, a state-owned newspaper, admitted that “executed prisoners currently provide two-thirds of all transplant organs,” while according to Amnesty International, at least 1,718 prisoners were given the death penalty in 2008.


Organ harvesting from death row prisoners had been very controversial and faced heavy criticism within and outside of the state until the CCP officially announced that, starting in 2015, it would stop using death row prisoners’ organs for transplantation purposes. Many cheered the decision and believed it would effectively end the era of streamlined organ harvesting, supported by the decline of Falun Gong. Falun Gong, translated as Dharma Wheel practice in English, is a newly emerged religious practice that incorporated elements from Buddhism, Taoism, and some other traditional Chinese folk beliefs. The practice draws heavy emphasis on mindfulness, meditation, and mystical experiences. It gained popularity in the early 90s, developed grassroot organizations, and began to root deep in municipal and village communities. By the end of 90s, Falun Gong had estimated 60 million followers, outnumbering the membership of the CCP by 2 million people. As China was and is still an atheist state with a single-party system aiming total control of the society, the ruling party could not tolerate its rising influence that could undermine its absolute authority. In 1999, the party launched a nation-wide campaign to crush Falun Gong after a peaceful sit-in staged by thousands of Falun Gong practitioners for an official recognition of their movement.


Since then, Falun Gong has been considered a “heretical sect” and outlawed completely. Numerous Falun Gong practitioners have been unjustly convicted of crimes due to their religious beliefs, and many of them experienced organ harvesting against their will during imprisonment. The CCP intended to make examples of Falun Gong practitioners to warn the rest about the consequences of defying authority. Since many were indeed intimidated, people optimistically believed that, as the CCP achieved its intended goals through forced organ harvesting and other means, there would be no practical need to continue the practice. The new rule starting 2015 was a proof and an echo to that notion.


Unfortunately, the practice did not cease. Instead, the CCP turned to other already-marginalized groups that could threaten its authority. One noteworthy takeaway is that the use has been carried out more discreetly since then. It particularly targets ethnic minorities like Uyghurs and Tibetans, and other religious minorities, like underground Christians and Muslims. United Nations human rights experts warned about the worrisome trend in 2021, but it didn't stop the CCP from continuing committing the atrocity. Currently, an estimated 1.5 million ethnic Uyghurs are detained in de facto detention camps (or "re-education base," "employment training center," "vocational school," as the CCP phrases them) against their will without any form of due process or chance of a fair trial, making the practice of forced organ harvesting even more convenient and secretive. Many of them are targets or have already become victims of ongoing forced organ harvesting conducted by the CCP, which claims that it has "outlawed” the practice.


In conclusion, China never ceased to carry out forced organ harvesting. But rather, it has broadened the targets and implemented different strategies. The last time that the CCP made a major concession regarding organ harvesting was in 2015, as the result of extensive international spotlight drawn to the matter and heightened domestic civilian awareness. Compared to 2015, the CCP 9 years later has a higher tolerance for international condemnation and strengthened its totalitarian control over civilian participation in civil society and political activities. That’s probably why it could continue the blatant human rights abuses on an even larger scale than before. However, it does not mean no changes will ever be made. Aside from the on-going forced Uygur labour in East Turkestan that the international community is closely monitoring, many countries have also noticed the forced organ harvesting issue in China and are considering measures to counter its wrongdoings. For instance, the Stop Forced Organ Harvesting Act of 2021 was introduced to the 117th Congress of the United States, and it is pending further legislative action in the Senate. If the bill passes, the President will be given the authority to mete out sanctions to violators. These measures could deter the Chinese authority from furthering carrying out such an atrocity, if paired with substantive enforcements and firm commitments to do so.


 

Glossary


  • Atheist: a person who disbelieves or lacks belief in the existence of God or gods.

  • Atrocity: an extremely wicked or cruel act, typically one involving physical violence or injury.

  • De facto: denoting someone or something that is such in fact.

  • De jure: according to law (but not necessarily according to fact).

  • Dissident: a person who opposes official policy, especially that of an authoritarian state.

  • Marginalized: (of a person, group, or concept) treated as insignificant or peripheral.

  • Mindfulness: the quality or state of being conscious or aware of something

  • Meditation: the action or practice of meditating.

  • Mete: dispense or allot justice, a punishment, or harsh treatment.

  • Municipal: relating to a city or town or its governing body.

  • Sanction: a threatened penalty for disobeying a law or rule.

  • Scrutiny: critical observation or examination.

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