Explanation of Vote on a Resolution on Organ Trafficking

Sofija Korac
Advisor for Economic and Social Affairs
U.S. Mission to the United Nations
New York, New York
November 17, 2020


The United States remains concerned about the rise of a black market in organs supplied by those motivated by desperate situations and those forced, defrauded, or coerced into having their organs removed.

U.S. prosecutors routinely make every reasonable effort to protect the dignity and security of victims; however, the United States is not able to fulfill the request to protect anonymity as suggested in operative paragraph 10 (a). The Due Process and Sixth Amendment confrontation clauses in the United States Constitution accord defendants a right to the evidence against them, including the ability to confront their accusers. The fundamental protections of the criminally accused preclude legislation purporting to grant anonymity to victims.

Although individuals who sell their organs can be desperate, they contribute to a black market industry that jeopardizes the health of organ sellers and recipients. In most circumstances, people trafficking in organs are engaged in a crime. As such, States do not have an international law obligation to protect them. By offering such broad protection through operative paragraphs 10 (b) and (c), the international community inadvertently supports this black market.

Regarding references to the World Health Organization (WHO), on May 29, 2020, President Trump announced the United States is terminating its relationship with the WHO and redirecting foreign assistance funding planned for the WHO to other deserving organizations and urgent health needs around the world. The United States submitted a notice of withdrawal from the WHO, which will become effective on July 6, 2021.

We addressed our other concerns on topics, such as health care, in our Global Statement, which we delivered on November 13.

Thank you, Madam Chair.