In the midst of other scientific laws governing research both in the agriculture and heath sector, scientists conducting research in the area of heath with the aim of improving human health in relation o=to their internal organs and tissues are coming up with a new law.

Background

Uganda ratified the Convention on Biological Diversity (CBD) in 1993 and subsequently ratified the Cartagena Protocol on Biosafety (CPB) in 2001. The CPB required each party to the CBD to implement a national legal framework for the safe development and commercialization of GMOs or Living Modified Organism

In 2008, the Ugandan Cabinet approved the National. Biotechnology and Biosafety Policy that establishes a system whereby the country can benefit from safe

Consequently the National Biotechnology and Biosafety Bill 2012 was drafted and it has been passed into law refereeing it the Genetic Engineering Regulatory Bill. It has been the most debated law by Uganda’s parliament

However in a recent biosafety meeting organised by Uganda National Council for Science and Technology (UNSCT) the researchers in health sector have now come on board the Gera law to encompass modern research in the health and Agriculture sector.

However this has not stopped scientists in the health sector come up with the Uganda Human Organ Donation and Transplant Bill 2021 which is currently being debated by Uganda’s Parliament with the hope of passing it soon into law.

The Uganda Human Donation and Transplant bill

The Uganda Human Donations and Transplant bill Number 35 2021 was drafted by a team of health scientists and lawyers in Uganda with main of objective to establish a legal framework for the regulation of organ, cell and tissue donation and transplantation in Uganda.

The Deputy Director of Uganda Joint Clinical Research (JCRC) Dr Francis Ssali while presenting a paper about the use of gene therapy to improve the health of humans explained about the importance of the law and below are the details.

Policy and Principles

The guidelines of the drawn by the legal experts guided by medial scientists led by Uganda’s ministry of health Dr Jane Ruth Aceng are described further objectives of the bill as to be aiming at protecting the dignity and identity of every person and guarantee, without discrimination, respect for his or her integrity and other rights and fundamental freedoms with regard to donation and transplantation of organs, tissues and cells of human origin.

Uganda does not have any law governing human organ donation and transplantation which is increasing becoming an area of health care used and non-communicable diseases that are increasing rapidly.

Dr Aceng in her brief statement notes that it is therefore imperative to enact an enabling law to address the existing challenges taking into account that healthcare is continuously evolving.

She notes that due to the fact that Uganda does not have any law regulating organ and tissue donation and transplantation, many Ugandan citizens are seeking for medical care from countries such as India, United Kingdom and Kenya among others in cases where organ donation and transplantation is the solutions to their health problems.

Recommendations

The scientists made recommendations which include to establish the Uganda Organ and Transplant Council to oversee and regulate organ cell and tissue donation and transplantation in Uganda

Designate Mulago National Referral Hospital as the pioneering transplant centre.

Prescribe a criteria to be followed when designating a hospital as an organ, tissue or cell donation and transplant centre as well as regulate the conduct of donation and transplant activities.

Establish policies and procedure for designated transplant centres and approved banks, including ethical standards and educational services to the public.

Establish a donation and transplant system which ensures equitable access to quality donation and transplantation services to donors and potential recipients as well as establish standards for storage of harvested organs, tissues and cells and a system of distribution of organs, tissues and cells.

Establish and maintain a national waiting list for potential organ, tissue and cell donors and recipients drawn from designated transplant centres and other hospitals and health centres

Establish procedures for the transplantation of organs and tissue from living donors including due diligence and establishing the procedures for transplantation of organs and tissue harvested from corpses.

Prescribe the appropriate consent to be given by donors and prescribe the requirements to be fulfilled before carrying out a post mortem examination of a confirmed brain dead donor.

Establish a human organ and tissue data base and reporting requirements as well as prescribe offences and penalties related to issues of organ and tissue donation and transplantation.

Scientists wishing to remove, store and transplant human organs and tissues to perform therapeutic procedures will have to get permission from the governing council to perform this exercise.

These organs include kidneys, heart; blood, lungs, liver, pancreas, intestines,  thymus, bone marrow, bone, tendon,  ligaments, cells,  skin, amniotic membrane, penile, uterus among others.

Offences and penalties

The penalties include among others prohibition of commercial dealings in human material for transplantation removal of human organ, cell or tissue without authority and prevention of organ, tissue or cell trafficking.

Removal of human organ, tissue or cell from living donor without consent or authorisation as well as restriction of activities in relation to donated material.

A person who contravenes sections of the law commits an offence and is liable, on conviction, to imprisonment for life.

A person who commits an offence on application of tissue or organ transplant procedure is liable, on conviction to a fine not exceeding one hundred thousand currency points or imprisonment not exceeding twenty years or both.

A reward in relation to the supply of any human organ, tissue or cell does not include payment in money or reimbursement.

Removal of human organ, cell or tissue without authority is liable to a punishment or conviction to a fine not exceeding one hundred thousand currency points or imprisonment not exceeding twelve years or both.

A person who renders his or her services outside a hospital environment for purposes of transplantation is liable on conviction to imprisonment for life.

Transplantation of organs, tissues or cells from a living or brain dead donor shall be carried out solely for therapeutic benefit of the recipient where there is no alterative therapeutic method of comparable effectiveness.