A/HRC/4/31 page 15 55. One NGO based in West Africa reported some regional and bilateral agreements. According to this NGO, several countries have signed bilateral agreements to combat the trafficking of children, such as the agreement between Senegal and Mali or that between Mali and Guinea. In a more general context, a multilateral agreement was also signed by nine countries of the West African region relating to the same issue. Unfortunately, since the Special Rapporteur did not receive any responses from those specific countries, the signing of these agreements could not be ascertained. 56. The questionnaire enquired about the national (including regional/provincial/state) legislation applicable to prevent, counter and eliminate the sale of children as well as the public institutions in charge of these actions. The Special Rapporteur was pleased to receive a great deal of information on the legislations elaborated in several States. Those quoted in the report are intended to be a representative sample to illustrate the different range of standards being developed and actions being taken. 57. Most of the Governments have penalized the issue of trafficking in human organs in their respective Penal Codes, providing sanctions such as imprisonment and/or a fine. Turkey has an article in its new Penal Code on the issue of trafficking of organs and tissues that defines all the different scenarios of illegal removal of human organs and tissues as well as applicable penalties. It even includes the case of a person who gives out a notice or advertisement regarding the obtaining of human organs or tissue for a particular profit. Other countries have similar provisions in their Penal Codes such as Estonia, Slovenia, Mexico, Lithuania, Malta, Canada, Monaco, Finland, Sweden and the United Arab Emirates. 58. Lithuania, Malta and Finland also provide, in their above-mentioned provisions, aggravating circumstances relating to the issue of trafficking of organs or tissue that could strengthen the penalty. In Finland, for example, chapter 21 of the Penal Code stipulates that the removal of children’s organs is considered as an aggravating circumstance. 59. Along with the provisions of the Penal Code, some States have also adopted other specific provisions or laws pertaining to the issue of trafficking of organs. Turkey adopted Law No. 2238 on Organ and Tissue Taking, Grafting and Transplantation which provides specific regulations when minors are involved in organ transplantation. Germany stated in its response the Transplantation Act, specifically section 17 relating to the trafficking of organs. The law stipulates that it is not necessary that the transplant has actually taken place in order to establish a case of trafficking. In Chile, the Law on Transplantation also relates to the sale of organs articulating that no organs can be the subject of commercial transactions. The United Arab Emirates stated that its Federal Act No. 15 of 1993 regulates the removal and transplant of human organs and prohibits any form of sale or purchase of human organs and any profiteering therefrom. 60. Other States have instead addressed the issue in general national legislations. The General Law on Health in Mexico has included in articles 461 and 462, specific provisions on the transportation of organs and tissues outside the Mexican borders and without the Ministry of Health or provisions on illegal obtaining, conservation, use and preparation of cadaver or fetus organs. The Law for the Protection of Children and Adolescents and the federal

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