Illegal Human Organ Trafficking

Human Trafficking and the Illicit Organ Market

Dr. Michelle Beshears

The need far outweighs the current supply of legally obtained organs. It is estimated that approximately 18 people die each day while waiting for an organ transplant in the United States alone. However, the issue of supply and demand for organs is not limited to the U.S. This is a global problem that stems from the fact that there are just not enough donors to supply people in dire need of a life-saving organ transplant.

The laws in the United States (as well as many countries around the globe) prohibit the sale of organs. However, these laws seem only to fuel profiteers in the black market organ trade. Many patients will turn to the black market and pay big money for a life-saving organ. Why not?

In reality, the law provides a little deterrent to a patient who will likely die without the organ. And those impoverished people worldwide who desperately need money see the selling of their organs as the answer to their prayers. According to the Department of Health and Human Services (DHHS), more than 2,000 names are added to the national waiting list for organ donations every month, with a waiting list of over 100,000 patients.

However, the real profiteers in these situations are the brokers. In many cases, the organ donor is paid very little for their organ compared to what the broker makes. In addition, the facility and the professional and para-professional personnel involved in harvesting the organs make a lot of money as well.

In the United States, the National Organ Transplant Act of 1984, Pub. L. 98-507 forbids any sale of organs that affects interstate commerce with a penalty of five years imprisonment and/or a $50,000 fine. In 2000, the Trafficking Victims Protection Act, Pub. L. 106-386 was first passed and was reauthorized in 2008. However, organ trafficking is not included explicitly because the Act’s primary focus is the illicit trade in sex and illegal immigration.

The truth is that even though the U.S. Code characterizes trafficking as ‘‘a transnational crime with national implications’’ (22 U.S.C. § 7101(b)(24) (2010)), it is rare that trafficking is prosecuted in domestic courts. This is largely because, in most cases, prosecutors do not desire to prosecute the recipients or the sellers. The belief is that, in most cases, people selling their organs are coerced and forced to do so. However, they are often compelled to do so by their destitute circumstances. Many sellers are so poor that they see this as their only way to earn much-needed financial resources to survive.

However, the current supply shortage of organs may extend beyond the issue of the wealthy taking advantage of the poor. There have been recent reports of human trafficking and possible organ harvesting from unwilling victims in Mexico, the United Kingdom, and China:

In March 2014, a Mexican cartel henchman was arrested for killing children to harvest their organs.
In October 2013, it was reported that a young girl was smuggled out of Somalia and taken to the UK to remove and sell her organs to the black market.
In August 2013, it was reported that a 6-year-old Chinese boy was drugged and his eyes removed for their corneas.

Bharti Patel, the chief executive of ECPAT UK, the child protection charity organization, indicated that these are not isolated incidents. Instead, more children are being captured in groups for organ harvesting.

This leads to the question of what can be done to help stop incidents of human trafficking for illegal organ trade and/or the exploitation of impoverished people worldwide.

The truth is unless something is done, the issue of a shortage of organs around the world is not going to disappear, and so the market for the illegal trading of organs will continue to thrive.

Should international law enforcement agencies take a stricter stance on current standing laws? Should laws be repealed to allow for the legalization of organ trade? Is there anything more that could be done to encourage the willingness of the public to donate freely, thus eliminating the large disparity currently seen in supply and demand?

About the Author: Dr. Michelle L. Beshears earned her baccalaureate in social psychology and criminal justice and graduate degrees in human resource development and criminology from Indiana State University. Dr. Beshears served in the U.S. Army for 11 years. She obtained the rank of Staff Sergeant before attending Officer Candidate School at Fort Benning, Georgia, where she earned her commission. As a commissioned officer Dr. Beshears has led numerous criminal investigations and worked with several external agencies. As a civilian, she has worked with the local sheriff’s department, state drug task force, and FBI. Michelle is currently pursuing her Doctorate in Criminal Justice. Dr. Beshears resides with her husband Michael, their son Hunter, and daughter Malia near Norfork and Bull Shoals Lakes in Clarkridge, Arkansas. Michelle is currently an assistant professor of criminal justice at American Military University & American Public University and is a full-time faculty member in the School of Public Service & Health.