Friday, 21st February, 2025
Hon Anthony Mwinkaara Sumah
Nadowli/Kaleo
Thank you, Mr Speaker for the opportunity to make this Statement in an effort to underscore the need for a legal framework to regulate human organ and tissue donation and transplantation in Ghana.
Mr Speaker, in recent times, there have been numerous calls from various stakeholders including the media especially, a campaign by Ghanaweb, health professionals as well as health institutions on the need for a legislation to guide the harvest, storage and transplantation of human organs and tissues. These concerns reached the summit a few months ago following the increase in the cost of dialysis for patients patronising the renal unit of the Korle-Bu Teaching Hospital and the associated controversies that ensued.
Mr Speaker, the justification for the proposal cannot be overemphasised. Fundamentally, it will facilitate and streamline the availability and the provision of this life-saving medical intervention. The matter in question has gained currency to the extent that it has become a subject at the United Nations (UN) General Assembly and World Health Organization (WHO) resolutions.
Mr Speaker, the proposal for legislative enactment is further necessitated by the following:
Firstly, globally, only 10 percent of tissue and organ transplantation needs are met while the need in the African region including Ghana is largely unknown though estimates point to a worse situation.
The epidemiologically trend is quite alarming with unofficial records suggesting that 13 per cent of Ghanaians have one form of a kidney challenge while over 1000 persons are undergoing dialysis. The extent of the problem could be worse as there exist no effective system to diagnose kidney and kidney related diseases beyond the urban centres such as Accra and Kumasi.
Thirdly, the incidence and prevalence of human organ trafficking and transplantation tourism in the Africa Region, including Ghana, equally require adequate measures to overcome. The availability of the capacity in terms of the skill set and medical expertise to conduct the services but hindered by the lack of enabling framework, is yet another justification.
Organ transplantation is a high value medical treatment which is a life-saving option to patients with end-stage organ failure. It improves the quality of life by restoring organ function and eliminating debilitating conditions associated with chronic organ failure such as poor mobility, depression and infertility. It therefore presents a more useful intervention compared to dialysis in perpetuity.
Mr Speaker, facilitating organ donation and transplantation will contribute to significant cost-saving for both patients and the health system as a whole. This is because between GH₵600 to GH₵1200 is spent on a session of dialysis while it will cost the National Health Insurance Authority (NHIA) a sum of about GH₵2.3million annually to cater for the dialysis needs of persons below 18 years and above 60 years. Comparatively, a one-off transplant provides long-run cost saving together with accidental benefits of enabling reintegration, employment and educational opportunities.
The excessive cost of procuring a kidney transplant outside this country is estimated at about $250,000 particularly in Asia compared to having it conducted in Ghana, and the preliminary estimate puts it at $21,000, also provides an additional impetus for the need to facilitate the provision of this medical services domestically.
Mr Speaker, the statute, if enacted will make provision for a council, transplantation centres, cell banks and prohibit commercial dealings in human organs, tissues and cells. It will provide a system for equitable access to transplantation services across the country. It would also make it an offence for illegal dealing with human organs, tissues and cells. It would also protect the integrity, dignity, identity and guarantee the fundamental rights and freedoms with regard to the donation and transplantation of human organs, tissues and cells.
Mr Speaker, it is important to call on the relevant stakeholders particularly the Ministry of Health to take the necessary steps to facilitate the enactment of the legislation. Secondly, this House can equally activate its processes in support of this call. Finally, I wish to call on all other stakeholders to play their respective roles to ensure that the passage of legislation on the subject matter takes effect.
Mr Speaker, I wish to thank you once again for granting me the opportunity to bring this important matter to the attention of this august House and the country at large.
Hon Fred Kyei Asamoah
Offinso North
Thank you, Mr Speaker, for the opportunity. I would like to commend the maker of the Statement, the Hon Member of Parliament for Nadowli/Kaleo constituency on the need for a legal and regulatory framework on human organ and tissue donation and transplant.
Mr Speaker, most of the time, when we talk about organ transplant, everybody's mind turns to the kidney. We forget about the heart, liver, pancreas and most of the time we even forget about the intestines and the lungs. In order to govern and ensure that we have an ethical practice as far as organ and tissue transplant is concerned, it is critical that we as a country have such a law in place.
A typical example we want to look at is the United States of America. They have what we call the National Organ Transplant Act of 1984 which prohibits and regulates the organ transplant and how it gets to another patient. They also have, in addition, what we call the Uniform Anatomical Gift Act (UAGA) that also regulates how people can give their organs to people.
Mr Speaker, it is quite unfortunate that we in Ghana still do not have such a law in place because what happens is that there are different approaches. Most countries may want to look at presumed consent, some countries may look at what we call the informed consent and some countries may look at what we call the required request system. Because we do not have any legal system in place, people are able to do whatever they want, disregarding the risks that come along with transplants.
But if we should have this law in place, Mr Speaker, what it is going to do is to help any one of us who could be at an end-stage where we may need an organ transplant. But because we do not have a legal system in place, we do not have a system where we can locate and identify the number of people that are in need of transplant and how many people that are ready to donate their organs for transplant.
In such countries that have such laws in place, people are able to either go under the presumed organ transplant system or the consent system. In that case, people can decide, when going for their driver's licence, to voluntarily donate one part of their organ when they pass on or they can give that permission to their relative to be able to do that. So, it is critical that we have such a thing in place. Then, of course, because we also do not have an Act in place—
A country like the United States of America right now is talking about over 104,000 people who are on the waiting list to receive one organ or the other for transplant. But because we do not have it in place, we are not able to justify who should be fairly given a transplant or an organ because we do not have this law. So, it is critical that we have this Act in place. In that case, when any of us is in need of an organ or the ordinary man in a small village like Brehoma in my Constituency needs an organ transplant, they will be treated fairly. This is because we are all human beings so, when we need an organ, we have to be treated fairly. 2.59 p.m. It is very critical that we have this organ donation legal framework in place.
Mr Speaker, one other thing that could also help us—When it has to do with organ transplant, there are a whole lot of risks that go with it. And because we do not have any legal framework guiding organ transplant, we realise that people go through crude means to be able to either acquire organs or to be given organs. But if we have these things in place, we would be able to help curb what we call the surgical risk that comes with organ transplant.
And many times, these surgical risks are taken for granted. But while we are trying to solve a problem, this ends up giving us another problem. And most people tend to bleed to death. Most people tend to get infections while going through this transplant. And most people tend to have problems with complications that come with anaesthesia.
Mr Speaker, looking at all the risks that are involved, the fact that people could voluntarily donate their organs, the fact that people could be treated fairly to receive an organ, and the fact that as a country, we can make resources available, and also train people to have the capacity to be able to go through a proper transplant process. We need to have this framework in place so that this country could make some budget available and can also make sure when our people should receive it, they can be treated fairly.
Mr Speaker, thank you for the opportunity.
Hon Sebastian Ngmenenso Sandaare
Daffiama/Bussie/Issa
Mr Speaker, thank you very much for the opportunity. I want to commend the maker of the Statement, the Hon Member for Nadowli-Kaleo Constituency, for his Statement on the need for a legal and regulatory framework on human organ and tissue donation and transplantation in Ghana.
Mr Speaker, the Hon Member has done a very good work. This is one of the very important Statements in this House, and he has demonstrated his competencies as an expert in health policy. He has identified one of the gaps in our health system; the absence of legal framework to deal with this very important area, and he has provided the justification on some of the areas that would guide formulation of a legislation and legal framework in this area.
Mr Speaker, he has advanced the need where more than 10 per cent of need in Africa in this very important area. We could go to special centres, for instance, if we take the fertility centres and visit those facilities, we would understand the need for women and men struggling and doing everything possible to get a child.
Many of the centres are filled up, but there is really no legal framework or legislation to guide. In this country, we have specialist centres that can do liver and kidney transplants, but we need some legal framework to ensure that things are done according to law and that the rights of people who donate and people who receive these tissues organs are respected. Recently, there has been an issue of dialysis for kidney failure patients.
But one other area is kidney transplant. Because if you are able to get a kidney from a donor, you live longer, but for dialysis, you have to struggle for so many sessions and only God knows for how long you live. All these justify that there is a need to look at this area and ensure that we have a legal framework that guides many of these specialist centres that we have in this country. Because medical technology has advanced and therefore our laws must also be advanced to accompany this advancement in medical technology. So I support the maker of the Statement.
Mr Speaker, I also appeal that you refer this Statement to the Ministry of Health to study it and have a look at it and that would guide us to ensure that we develop a legal framework in this particular area.
Mr Speaker, thank you very much for the opportunity.
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