Is DOH Regulating or Legalizing Organ Trade?

The much publicized administrative order by the Department of Health
allegedly aimed at eradicating the thriving black market of kidney
trade may yet result in the exact opposite: the legalization and
facilitation of the sale of kidneys and other human organs.

Health Alliance for Democracy (HEAD) warned that this administrative
order is a red herring that contains contradictory provisions and
paves the way for the virtual legalization of organ trade under the
pretext of “management and regulation”.

“We must scrutinize not only what is written but also what is not
written in order to arrive at the real nature of this order.”
according to Dr. Gene Alzona Nisperos, HEAD secretary-general.

The DOH has touted the AO as the order meant to stop the trade of
kidneys and illegal organ trafficking. However, nowhere in the text of
the AO are “kidney sale” or “trade and commerce of kidneys” defined or
clarified. The term “gratuity” is used but is also vague since the
text does not mention anything on what the DOH regards as “acceptable
compensation” for the donor. Even in broad strokes, there is no
description as to how the DOH seeks to stop kidney trade outside the
creation of a board.

“The lofty guiding principles and general policy statements contained
in the DOH order are rendered inutile in the absence of clear-cut
parameters and limits that should be set in very clear, unconditional
terms to actually stop the trade of kidneys and other human organs.
Otherwise, what are they really talking about?” said Dr. Nisperos.

Moreover, the AO delineates not only between Living-Related Donors
(LRDs) and Living Non-Related Donors (LNRDs) but also between
“Directed Kidney Organ Donor” and “Non-Directed Kidney Organ Donor”,
which was not present in the superseded AO (AO 124 series 2002).

“90% of kidney transplantations here are from living donors, of which
68% are from LNRDs. This is a whooping 56% increase from 2002 and
confirms the overwhelming demand for organ donors.” Added Dr.
Nisperos, “This is where exploitation is rampant, as most LNRDs come
from the ranks of the poor and marginalized.”

Similarly, “Directed Kidney Organ Donor” means “someone who has a
specific recipient in mind to donate to.” This debunks the initial
impression that kidney donations will now be more equitably allocated
and where Filipino recipients “shall be given priority in the donor
allocation.” “Directed Kidney Organ Donor” essentially means that the
donor designates the recipient, which further cultivates a pro-rich
bias and rampant abuse of the poor.

Thus, HEAD believes that the DOH order not only intentionally
misdirects public attention but also preconditions the public to
accept LNRDs with directed organ donation, which will still benefit
foreign medical tourists and rich Filipino patients, for as long as
there is the erroneous notion that ordinary Filipino patients are
given equal treatment. The truth is that only non-directed kidneys
organ donations will be centralized and “belong to the
community…that will be allocated fairly among recipients”.

In short, the current problematic, biased, and exploitative situation remains.

The new AO also creates several new layers machinery, including
super-bodies that will implement this order. The Philippine Network
for Organ Donation and Transplantation (PhilNETDAT), for example, has
the authority and budget of an implementing body but has no clear
composition, tenure, and accountability. It can be used by illegal
organ traders and black market operators to enter the new processes
and legalize their operations.

“The new DOH AO does not offer anything new to address the prevailing
problems posed by kidney and organ trade. The DOH fails to confront
this complex problem because of its own inherent biases and
interests.” concluded Dr. Nisperos. “At best, the AO is just another
deceptive government propaganda that should be junked altogether.” ###

References:
Dr. Gene Alzona Nisperos
Secretary-General, 0916 214 5724

Dr. Geneve E. Rivera
Deputy Secretary-General, 0920 460 3712

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