The Parliament has passed the Human Organ Transplant Bill after introducing three key amendments to the legislation, which had been returned for reconsideration by the President.
President Dr Mohamed Muizzu sent the Human Organ Transplant Bill back to Parliament after it had originally been passed, citing concerns that some of the amendments made by the Parliament could create practical difficulties in implementing the law. He said the bill, in its existing form, required further review and amendment.
Following its return to Parliament, the Social Affairs Committee proposed several amendments. Among them, two provisions previously removed from Article 7 were reinstated. These specify that a person wishing to donate an organ must not be in state custody and must not be a person detained on criminal charges or serving a court-imposed sentence.
In his message to Parliament, the President stated that people in detention or prison are in a situation where their personal autonomy and freedom are restricted. As such, they should not be regarded as being able to give fully informed and voluntary consent to donate an organ without any form of pressure or coercion. He also noted that, even in the few countries that allow organ donation by prisoners or detainees, such donations are permitted only after additional safeguards and stringent procedures have been satisfied. Allowing such donations without similar safeguards, he said, could create significant challenges in enforcing the law.
The committee also introduced further amendments, including the removal of provisions relating to the unauthorised removal of organs, the application of Qisas or retaliatory punishment for unlawful organ transplantation, and compensation for donated organs. Instead, anyone found guilty of carrying out an illegal organ transplant will face a fine of between USD 9,702.46 and USD 16,170.76, as well as imprisonment for between 12 and 18 months.
In addition, while the bill had previously required regulations to be drafted within 180 days of the law being ratified, it has now been amended to require all regulations necessary to implement the law to be completed within 180 days of its coming into force. The law itself will take effect 180 days after ratification. It also requires the establishment of an Organ Transplant Council within 60 days of the law coming into force.
The amended bill was approved after the Social Affairs Committee's report was presented to Parliament. It passed with the unanimous support of all 58 members present and voting.