Negotiating the UN Declaration on Human Cloning

Abstract

On March 8, 2005, the General Assembly of the United Nations adopted a declaration on human cloning (the Declaration) by a recorded vote of 84 to 34, with 37 abstentions.1 The Declaration culminated an effort that had commenced in 2001 with a proposal by France and Germany for a convention against reproductive cloning of human beings. The three-and-ahalf- year negotiation that followed was intense and emotionally charged with religious and cultural overtones; at times, participants seemed to feel hopelessly mired. The Declaration that was ultimately adopted was often referred to as a “political declaration,” apparently as a way of emphasizing the degree of compromise reflected in the text, and also as away of minimizing its normative value. The negotiation, which had originally been understood as limited to the narrow bioethics issue of prohibiting the making of cloned babies, led to profound discussions on human rights, cultural and religious diversities, and their interaction and priorities in case of conflict. Ultimately, neither the Declaration nor its negotiating history answered these difficult questions. But they provided a glimpse of the difficulties and impasses international lawmaking will confront when negotiations lose a secular tone.