Part IV: The International Situation

5. Africa and the Middle East

Israel[1]: Embryonic stem cell research and therapeutic cloning is permitted, but “reproductive” cloning is banned. Human “reproductive” cloning and germline genetic engineering is prohibited. The law was amended on March 2004, Prohibition of Genetic Interventions (Human Cloning and Genetic Manipulations of Reproductive Cells).

“Law 5759-1999 - Prohibition of Genetic Intervention (Human Cloning and Genetic Manipulation of Reproductive Cells)” 1999, amended March 2004. “The purpose of this Law is to determine a prescribed period of five years during which no kind of genetic intervention shall be performed on human beings in order to examine the moral, legal, social and scientific aspects of such kinds of intervention and the implications of such for human dignity. Throughout the period during which this Law is in force, no person shall perform any act of intervention in the cells of any person with one of the following purposes: (1) Human cloning; (2) Causing the creation of a person by use of reproductive cells that have undergone a permanent intentional genetic modification (Germ Line Gene Therapy).”

Turkey: Embryonic stem cell research is not specifically prohibited. Therapeutic cloning is allowed, but “reproductive” cloning is banned. (as of 1996).

South Africa: Embryonic stem cell research is permitted, but all forms of cloning (“reproductive” and therapeutic) are banned. The law specifically states that the cloning of human cells is prohibited, and genetic manipulation of gametes or zygotes outside of the body is also prohibited. “Law on Human Tissue” (1983) 39A: “Genetic manipulation of gametes or zygotes is not permitted… no provision of this Act shall be so construed as to permit genetic manipulation outside the human body of gametes or zygotes.”

The Law on Human Tissue implicitly prohibits the cloning of human cells: “Guidelines on Ethics for Medical Research: Reproductive Biology and Genetic Research,” The Medical Research Council of South Africa (1 April 2002) “Gene therapy should be directed to alleviating disease in individual patients, although wider applications may soon call for attention. In the present state of knowledge, any attempt by gene modification to change human traits not associated with disease would not be acceptable. It is recommended that the necessary research should continue. There is, at present, insufficient knowledge to evaluate the risks, to future generations, of gene modification of the germ line. It is therefore recommended that gene modification of the human germ line should not yet be attempted.”

“Therapeutic cloning: It is recommended that, at present, the use and derivation of human stem cells should be limited to two sources: cadaveric fetal tissue and 'surplus' embryos remaining after infertility treatments.”

“Embryos and cadaveric fetal tissue should under no circumstances be bought or sold.”

“Reproductive cloning: It is recommended that in the use of nuclear transfer the reproductive needs of an individual should not over-ride the best interests of the child produced. The risk attached to the use of the technique on humans carries the possibility of hormonal manipulation in the egg donor, multiple miscarriages in the birth mother, and severe developmental abnormalities in any resulting child. The potential harms outweigh the potential benefits, and until studies in animal systems reverse this circumstance, we recommend that the use of human nuclear transfer cloning to create a new life should be prohibited. Critics have raised questions about the appropriate use of scarce resources. This is particularly important in South Africa where public policy has determined that the extension of primary health care to all South Africans must be the nation's first priority in the field of medical care. Is research into, and the practice of cloning, responsible use of limited State resources? The answer must be negative.”

“Definitions … ‘cloning’ means the creation of identical human organisms from living or dead individuals by manipulation of genetic material, including—

• removal of nuclear material from an oocyte or a female gamete, embryo or embryo cells and replacing it with nuclear material from a zygote or somatic cell at any stage from foetal to adult development; or
• embryo splitting or blastomere separation of any of the cells which originate from a fertilised ovum.”

“Prohibition of reproductive cloning of human beings: A person may not

• manipulate any genetic material, including genetic material of human gametes, zygotes or embryos; or
• engage in any activity, including nuclear transfer or embryo splitting, for the purpose of the reproductive cloning of a human being.

“The Minister may, under such conditions as may be prescribed, permit therapeutic cloning utilizing adult or umbilical cord stem cells.

“No person may import or export human zygotes or embryos without the prior written approval of the Minister.

“The Minister may permit research on stem cells and zygotes which are not more than 14 days old on a written application and if

• the applicant undertakes to document the research for record purposes; and

• prior consent is obtained from the donor of such stem cells or zygotes.”

Tunisia: “Opinion No. 3,” “National Medical Ethics Committee (1997). At the request of the Minister of Health, the National Medical Ethics Committee analyzed the issue of human cloning. The Committee concluded that any technology of human cloning should be banned. It deemed the practice as undermining the field of human reproduction and the dignity of the human species, leaving the door open to all forms of abuse.”

(“National Legislation Concerning Human Reproductive and Therapeutic Cloning,” UNESCO Division of the Ethics of Science and Technology, Paris, April 2004.)

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[1] Information in this section was taken from “World Human Cloning Policies” By Kathryn Wheat and Kirstin Matthews, Ph.D. at Rice University. http://www.ruf.rice.edu/~neal/stemcell/World.pdf . And the Database of Global Policies on Human Cloning and Germ-line engineering, a project of Global Lawyers and Physicians, a non-governmental organization focusing on health and human rights issues with respect to the Nuremberg Code. http://www.glphr.org/mission.htm