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animal protection law

animal protection law (9)

Thursday, 07 November 2013 03:38

National and State Legislation

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Constitution
Primary Legislation
Secondary Legislation
By-Laws and State Laws


Many countries have animal protection legislation, although the extent of coverage, format and enforcement mechanisms (if any) vary greatly. Animal protection societies need to be familiar with their animal protection laws to work more effectively. Also, they can play a key role in influencing the introduction and enhancement of animal protection law - including the vital area of enforcement.

The main source of information about national animal protection law is the relevant government department or law libraries. National animal protection societies and societies with law enforcement authority may also be able to advise. For other countries, the diplomatic representation of the country concerned may be able to provide information.

The format of legislation varies greatly from country to country. An example of legislative structure is:

Constitution

Not all countries have a written constitution. However, where there is a written constitution, a useful animal protection aim is the inclusion of animal protection in the constitution. For example, in the Indian constitution, there is a provision (Article 51-A) that the people of India have a moral obligation to prevent animal suffering. In the absence of animal protection in the constitution, animal protection objectives can be over-ridden by other constitutional principles (such as freedom of science/research or freedom of artistic expression).

Primary Legislation

This outlines general principles and provides powers for further regulation. Could be in the form of an 'Act' or 'Bill'. Needs to pass through Parliament/Congress and be agreed at governmental level.

Secondary Legislation

Detailed provisions covering a specific subject area. These are often formulated by the relevant government department.

By-Laws or State Laws

Local legislation, enforced locally. Level will depend on regional government structure. For example, in the USA there are several tiers of legislation: Federal laws apply throughout the country, state laws apply only in the relevant state, and there may also be localized by-laws or city/district laws. Federal law may only be agreed in areas covered by the constitution. Thus, most animal protection laws are at state level.

The legislative system will depend on the culture and history of the country. For example, legislation can be based on that of former colonial powers. Thus, laws in Commonwealth countries (or former Commonwealth countries) and former 'colonies' are often laws based on old British laws. In Moslem countries, law may be based on religious principles. It is important to understand your country's legislative base, in order to use appropriate legislative 'models' and lobbying tactics.

The importance of selecting appropriate, high-quality animal protection legislation as models cannot be stressed enough. In Europe, for example, the Council of Europe (CoE) conventions form a good base for general animal protection principles, but need to be expanded to offer sufficient protection. Also, the CoE conventions do not cover general ethical/protective concerns or the use of animals in entertainment. As the animal welfare legislation of countries such as the UK and the USA has built up over a long period of time, in a 'piecemeal' approach to specific problems, these animal welfare laws may not be the most practical or logical to use as 'models' for other countries (although the UK is passing a new Animal Welfare Act). Amongst the higher standard national animal protection laws in Europe are those for Sweden, the Netherlands, Austria and Switzerland.

More information on national legislation is contained in Useful Books and Other Resources

Thursday, 07 November 2013 03:32

Systems, Structures & Democracy

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Government Structures
Committees/Councils
Consultation
Openness and Transparency
Procedures


Government Structures

Government structures set up to deal with animal protection matters are a great indicator of the political importance of animal protection in the country in question. They can also greatly influence the strength with which animal protection matters are pursued.

As regards government departments involved with animal protection, this can vary greatly. The best option would be to have a separate Government Ministry dealing with animal protection matters. If this is not possible at this stage, a separate Department within a sympathetic Ministry would be the next best option. An example of this is in India, where Minister Maneka Gandhi has established an animal welfare department within her Ministry of Welfare.

The desire to create an independent animal welfare department has been Ms. Gandhi's first ambition since entering politics. She would like to bring together all the animal-related inspection service in one branch of government that would answer to no other (possibly with conflicting objectives) and enforce the recommendations of the Indian Animal Welfare Board vigorously.

If animal welfare is dealt with in a Ministry with conflicting objectives (such as Agriculture), then animal protection objectives can take second place. Even worse, is to have no separate department or unit dealing with animal protection matters (as this means no thorough or uniform approach to animal issues). Widely sympathetic departments, such as Environment would be preferable.

Committees/Councils

Government advisory committees can play a significant role in improving government feedback and expert advice in animal protection matters. The role and scope can vary greatly from being a committee dealing with all aspects of animal protection (every subject area and both ethical and practical/enforcement issues - as in the Czech Republic) to a committee with more specific scope (such as an ethical committee concerned with biotechnology).

The best arrangement will depend on the country's legislative and enforcement structure. However, if a country does decide to have just one advisory committee covering all areas of animal protection, then it is important that it is broken down into small sub-groups, each containing a wide range of expertise in the relevant subject area.

Advisory committees should not merely consist of representatives from the 'Animal Use' industries. A proper balance between animal protection, animal use and neutral government and scientific representation is important.

In some countries (and the EU) there can be too many committees involved with animal protection issues - leading to confusion, dissolution of effort and, in some cases, committees with insufficient expertise considering matters of animal ethics/welfare. Also, some general ethical committees may take a more 'humanists' approach and give low priority to animal protection matters. In general, a broad-ranging and powerful animal protection committee is preferable.

The remit of such a committee could include:

  • New issues of concern in/to the animal protection field
  • Beneficial developments in/to the animal protection field
  • New and relevant animal welfare science/research
  • Problems with existing laws and enforcement
  • New legislation or amendments needed
  • Further research needed
  • Further educational initiatives needed
  • Relevant issues of 'openness of government'

Considerations of major interest to animal protection societies include:

  • Independence and influence (including ability to publish open reports - including minority reports)
  • Representation (need for adequate animal protection representatives - of various opinions i.e. animal rights & animal welfare - and other relevant experts, such as veterinarians, animal behaviorists, ethicists, biologists, zoologists etc.). Appointments usually on personal basis.
  • Access to all government information and statistics.

Within the European Union (EU), there is also a need for coordination of the various national animal protection committees - possibly by an animal protection committee at EU level. The UK (particularly the UK's Farm Animal Welfare Committee) has tried to encourage moves towards coordinated and exchange of information and resources at EU level, but with limited results so far.

Consultation

Animal protection groups should press for full and open consultation on all matters affecting - or likely to affect - animal protection. In particular:

  • Full consultation of animal protection groups on same basis as industry
  • Representation at all consultation meetings
  • Written consultation - with results published (transparency)

 

Openness and Transparency

Animal protection groups should also press for full openness and 'transparency' in government processes. In particular:

  • Access to all documents/reports
  • Access to meetings and minutes
  • Access to civil servants/legislators
  • Freedom of Information Act

 

Procedures

Animal protection groups should ensure that their government has satisfactory procedures in place to deal in a practical and foolproof manner with any animal protection matters. Do they, for example, have a system, for identifying any animal protection implications arising from proposed new legislation or administrative actions? This is particularly important if your country has a constitutional obligation to protect animals. Without adequate procedures, the government may itself be in breach of the constitution!

The same will apply to the European Union, with regard to its Protocol to the EU's founding Treaty, which covers animal welfare (and this has been taken into the EU's draft constitution).

In the environmental field, environmental impact is routinely assessed using procedural devices such as 'environmental impact assessments'. This is a 'fail-safe' device to ensure that environmental implications are routinely considered by government legislators and administrators. Animal protection societies could call for similar treatment - requiring an 'animal welfare impact assessment' - to ensure full consideration of proposed measures on animal protection.

Monday, 18 January 2010 02:22

The Importance of Enforcement

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Importance of Enforcement

Responsibility for Enforcement
Practical Arrangements
Education
Animal Protection Organizations - Opportunities
Recommended Reading


Importance of Enforcement

"Enforcement is of fundamental importance, because any measures to improve animal welfare can only be effective if they are properly implemented and enforced." 

-Professor Sir Colin R W Spedding KBE, former Chairman, UK Farm Animal Welfare Council.


Mike Radford (UK Lawyer) categorized seven important functions of enforcement:

  • Enforcement informs people about the legislation's existence
  • Enforcement educates them as to their legal responsibilities towards animals
  • Enforcement is instrumental in raising and maintaining standards
  • Enforcement can prevent animal abuse
  • When it fails in this, enforcement enables animals to be removed from the cause of that abuse
  • Enforcement upholds the rule of law by demonstrating that the state, through the courts, will punish those who flout it
  • Enforcement identifies problems and weaknesses in the legislation, and can therefore form the basis on which to campaign for further reform

 

Responsibility for Enforcement

Legislation must make it clear who is responsible for its enforcement. This may include:

  • The police
  • Other national/government bodies
  • Federal authorities
  • Regional/state authorities
  • Local authorities
  • Animal wardens (animal welfare officers in more advanced countries dog catchers in worst case scenario)
  • Animal protection organizations
  • Veterinarians
  • Individuals

The choice of enforcement authority and enforcement channels is a difficult, but vital one. This is one area that animal protection groups can influence to their advantage. Considerations include:

  • Specialist knowledge - background, training, expertise.
  • Conflict in duties - animal protection should be sole duty, or complement existing work - not conflict (e.g. pest control officer doing stray control)
  • Level of coverage - wide level of coverage needed
  • Accountability - accountability and transparency needed, with full information on enforcement coverage and outcomes
  • Control and coordination - needed where more than one body involved in enforcement

 

Practical Arrangements

When animal protection legislation is drafted and introduced, the enforcement mechanism should be planned to give maximum effect to the written law.
The logistics of enforcement need careful planning. For example:

Responsibility

See above.

Systems

  • Oversight/Co-ordination
  • Licensing of premises/procedures/animals/owners
  • Statutory control of those whose work brings them into contact with animals, (including standards, discipline, training, and competence)
  • Education
  • Public relations
  • Inspection - Routine/cross-check, prioritizing risk points (e.g. markets etc.)
  • Powers of entry
  • Record keeping requirements/access
  • Taking evidence/statements
  • Court procedures
  • Sanctions/Penalties (fines, imprisonment, confiscation, ban on keeping animals etc.
  • Statistics
  • Administrative procedures

Accommodation/Physical Facilities

  • Accommodation for staff
  • Facilities for holding and re-homing animals (consider different species involved. Own facilities or sub-contracting?)
  • Vehicles
  • Uniforms
  • Catching and handling equipment
  • Access to veterinary support facilities
  • Access to expertise and facilities for all (likely) species (remember confiscations)

Staffing

  • Recruitment (qualities needed?)
  • Training and development
  • Supervision/Management
  • Extent of coverage
  • Standards

Enforcement should be uniform across the territory, both as regards levels of coverage and application. Guidance notes should be provided for enforcement officers to cover any areas of doubt.

Education

Enforcement is said to be 90% education and advice. It is wrong to measure successful enforcement of animal protection legislation solely in terms of prosecutions. Effective education is more often successful in the longer-term, and the preventative approach is always preferable to action after animals have suffered. An effective enforcement officer never misses an opportunity to educate, and recognizes the provision of expert guidance and advice as a focal part of the role. However, education about animal protection issues and legislation is something that should be shared amongst all interest groups, including:

  • Enforcement bodies
  • State Veterinary Service/government
  • Veterinary profession
  • Veterinary institutes
  • Agricultural colleges/universities
  • Animal protection societies
  • Research organizations
  • Equipment manufacturers
  • Feed suppliers
  • Private sector advisory and training agencies

The education process can include many different approaches, for example:

  • General Media -- television, radio, newspaper and magazines
  • Educational seminars on animal welfare for animal industries and personnel
  • Practical training and demonstrations
  • Lectures and lessons for schools (or clubs) and further education facilities
  • Videos, leaflets and brochures
  • Exhibitions in trade fairs
  • Direct awareness campaigns, such as travelling information stands (or trailers/buses), static stalls in town centers etc.
  • Articles in specialist magazines, including trade journals and animal protection magazines

 

Animal Protection Organizations - Opportunities

Animal protection law enforcement provides a number of opportunities for animal protection societies, including:

  • Campaigning and lobbying for practical improvements
  • Supplementing official enforcement and investigations
  • Taking part in official enforcement mechanism (e.g. through contract/tender)
  • Involvement in government committees on animal protection
  • Taking part in educational aspects

 

Recommended Reading

Recommended for further reading:

Sunday, 17 January 2010 22:49

European Union Welfare Legislation

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The Treaty (EU Constitution)
EU Animal Welfare Provisions
Status of EU Legislation
Eurogroup for Animals
The European Coalition to End Animal Experiments
The European Coalition for Farm Animals


The Treaty (EU Constitution)

The European Union (EU) was established by the Treaty of Rome (EEC Treaty or TEC) signed in 1951, with the objective of safeguarding peace and promoting economic and social progress in Europe. The EU is essentially an area of economic activity and trade without internal frontiers. The Treaty identified animals as 'goods' or 'agricultural products'. There were no powers in the Treaty of Rome to introduce EU legislation for the specific purpose of protecting animals. Thus, any measures to protect animals were secondary to the primary purpose of the legislation (such as harmonization of Member States laws). The Directive prohibiting the importation of baby seal products and the leghold trap regulation appear to be the only exceptions to this rule, although they both affect trade (and conservation is included in the EU'S Governing Treaty).

There was some improvement in this situation in 1992, when the Treaty of the European Union was signed in Maastricht (The Maastricht Treaty). A declaration was agreed, which was annexed to the Treaty rather than integrated into its provisions. This required the European Institutions to take account of animal welfare when considering legislation in the areas of research, transport, agriculture and the internal market.

The European Union heads of state of government meeting in Amsterdam June 16 1997 agreed to include a special legally binding protocol on animal welfare in the new European Union Treaty (The Amsterdam Treaty). The text of this protocol is repeated below: 

Protocol to the EUROPEAN UNION TREATY (THE AMSTERDAM TREATY)

"THE HIGH CONTRACTING PARTIES

DESIRING to ensure improved protection and respect for the welfare of animals as sentient beings

HAVE AGREED upon the following provision which shall be annexed to the Treaty establishing the European Community:

In formulating and implementing the Community's agriculture, transport, internal market and research policies, the Community and the Member States shall pay full regard to the welfare requirements of animals, while respecting the legislative or administrative provisions and customs of the Member States relating in particular to religious rites, cultural traditions and regional heritage."

This protocol was introduced following strong pressure from animal protection groups. It introduced a clear legal obligation for the Community institutions (Commission, Parliament and Council) to pay full regard to the welfare requirements of animals. It did not, however, extend the competence of the Community to include animal welfare per se within its remit. Furthermore, there is a growing movement in favor of the principle of 'subsidiarity' in the EU, which considers that EU legislation should only cover areas which impinge upon EU trade/economy, and that other matters - such as animal welfare - should be dealt with at national level. This has been included in the enlarged EU’s draft constitution. However, it is far from perfect, due to the ‘get out’ clause for acts of cruelty justified by cultural/religious reasons.

EU Animal Welfare Provisions

The main areas affected by animal welfare legislation at EU level include:

  • Transport
  • Slaughter
  • Battery hens
  • Veal calves and pigs
  • Animal experimentation
  • Drift netting
  • Seals
  • Fur trapping
  • Conservation/wild bird

Further information can be obtained from the 'Eur-Lex' section of the European Union's Web site. This site includes information on various aspects of European Union law, including:

  • Official Journals (recent versions of EU law publications)
  • Treaties:
    Treaties (consolidated)
    Treaties in the process of ratification
  • Legislation: Community legislation in force
  • Consolidated texts
  • Case-law

Eur-LEX Contains a specific section on EU animal protection measures.
Further details on animal protection law at EU level can also be obtained from Eurogroup for Animals.

Status of EU Legislation

All the EU's welfare legislation is legally binding upon Member States, and the country can be taken to the European Court of Justice for any cases of non-compliance. The EU's animal welfare legislation takes the form of Regulations, Decisions or Directives, although the latter is more usual in the field of animal welfare. The difference is as follows:

Regulations
Have general application and direct force of law in all member states. If there is conflict with a national law, the regulation prevails. There is no need to transpose regulations into national legislation for them to take effect.

Directives
Binding on member states as to the results to be achieved, but leaves the method of implementation to national governments. They should be transposed into national law.

Decisions
Binding on those to whom they are addressed (can be member states, companies or individuals).

Eurogroup for Animals

The Eurogroup for Animal Welfare (Eurogroup) forms the Secretariat of the Intergroup for Animal Welfare (the European Parliament group established to consider animal welfare matters). Eurogroup carries out political lobbying at EU level on all animal welfare matters. Its objective is to work towards "the introduction, implementation and enforcement of animal welfare legislation in the European Union." It has member societies in each of the EU member countries.

Eurogroup is a useful source of information on EU animal welfare legislation. See Useful Books and Other Resources

The European Coalition to End Animal Experiments

The European Coalition to End Animal Experiments was established in 1990, originally as the European Coalition to End Cosmetic Testing on Animals and later expanding its remit to include all areas of animal experimentation. The European Coalition comprises active animal welfare/rights groups throughout Europe sharing a common interest in working together to end animal experimentation. The European Coalition's early flagship campaigns were cosmetic testing and the use of primates for research, but it now covers all areas of animal experimentation in its lobbying activities.

The European Coalition for Farm Animals

The European Coalition for Farm Animals (ECFA ) was formed in 1993 and is an alliance of animal advocacy groups including 31 organizations in 25 European countries and Israel. It is an informal, activity-based Coalition with the objective of achieving an end to Europe-wide factory farming and the long distance transport of live animals.

Sunday, 17 January 2010 22:35

Council of Europe Background

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The Council of Europe was founded in 1949. It is considered to be the bastion of human rights in Europe. Its aims are:

  • To work for greater European unity
  • To uphold the principle of parliamentary democracy and human rights
  • To improve living conditions and promote human values

The Council of Europe became concerned about animal welfare because it realized that the dignity of mankind could not be disassociated from the respect man owed to his environment and the animals which inhabited it.

The Council of Europe believes that a society is hallmarked by the way in which it treats its less fortunate creatures. There is therefore a moral responsibility to make proper provision for their care and welfare.

The Council of Europe's website gives the full texts of each of the five animal welfare conventions (covering pets, animal experimentation, farm animals, animal transport and slaughter) and up-to-date tables showing member countries that have signed and/or ratified these.

The five Council of Europe conventions on animal welfare are as follows:

  • European Convention for the Protection of Animals Kept for Farming Purposes
    No. 87 of 10 March 1976.
  • The Protocol of Amendment to the European Convention for the Protection of Animals Kept for Farming Purposes
    No. 145 of 6 February 1992.
  • European Convention for the Protection of Animals During International Transport
    No. 65 of 13 December 1968.
  • European Convention for the Protection of Animals for Slaughter
    No. 102 of 10 May 1979.
  • European Convention on the Protection of Pet Animals
    No. 125 of 13 November 1987.
  • European Convention for the Protection of Vertebrate Animals Used for Experimentation and other Scientific Purposes
    No. 123 of 18 March 1986.
  • Protocol of Amendment to the European Convention for the Protection of Vertebrate Animals used for Experimental and other Scientific Purposes
    Strasbourg, 22 June 1998.

There are also two relating to the environment:

  • Convention on the Conservation of European Wildlife and Natural Habitats
    No. 104 of 19 September 1974 (The Bern Convention).
  • Convention on Civil Liability for Damage resulting from Activities Dangerous to the Environment (ETS No. 50).

Once these conventions have been signed and ratified, they should be transposed into national law, and be enforced in practice.

The Council of Europe obligation is a moral one, rather than a legal one. However, it should be noted that the European Union has also passed Decisions on the conclusion of European Conventions no. 87 (farm animals), 65 (transport), 102 (slaughter) and 123 (experimentation). These decisions are legally binding upon EU member countries.

There are also detailed recommendations under some of the conventions, and the texts of these may be helpful as a guide to those drafting legislative provisions.

Sunday, 20 December 2009 07:30

Useful Books and Other Resources

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Books
Academic and Other Resources
Animal Protection Society Resources
Other Useful Contacts


Books

An Introduction to Animal Law
Margaret E Cooper LLB
Academic Press (1987)
United Kingdom: 24-28 Oval Road, London NW1
USA: Academic Press Inc., Orlando, Florida 32887
Harcourt Brace Javanovich, Publishers

A practical book, which provides helpful guidelines without overwhelming with detail. Predominantly UK-based, with a chapter on 'foreign and international legislation relating to animals.'

Animals and their Legal Rights
Animal Welfare Institute
PO Box 3650 Washington DC 2007 USA (Fourth Edition 1990)
This email address is being protected from spambots. You need JavaScript enabled to view it.

A significant work containing much information on foreign and international animal welfare laws, as well as US provisions. Includes useful information on the evolution of anti-cruelty laws and the role of animal protection organisations and law enforcement agencies.

Law Relating to Animals
Simon Brooman and Dr Debbie Legge
Cavendish Publishing Ltd. (1997), the Glass House, Wharton Street, London WC1X 9PX
United Kingdom
(Tel: +44 171 278 8000)

A comprehensive analysis of the law relating to animals, touching upon many perspectives, such as philosophy, science, environmental politics, the origins of humankind and many entrenched historical, social and legal attitudes towards animals. Includes analysis of international and various national provisions, as well as UK examples.

Animal Welfare Law in Britain - Regulation and Responsibility
Mike Radford
Publication date: 4 October 2001
Published by Oxford University Press.

The most detailed and authoritative treatment of the current state of animal welfare law in Britain to date. This book provides a full analysis of the substantive law, considers its objectives, application and effectiveness, the background to the current debate and the arguments for and against further reform. It includes full coverage of key topics such as agricultural production, transportation, scientific procedures, entertainment, domestic pets, wildlife, hunting and enforcement.

Academic and Other Resources

The Animal Law Review
Animal Law Review is a student-run law review at Lewis & Clark Law School in Portland, Oregon. Animal Law offers a unique forum for the scholarly discussion of legal issues related to animals. The review's objective is to educate the legal community and other interested groups and individuals about the current status of animal-related issues.

Animal Law.com
The International Institute of Animal Law resources. Includes a searchable database.

Animal Protection Society Resources

Eurogroup for Animals
6 rue des Patrioties
B-1000 Brussels
Belgium
Tel: + 32 (2) 740 0820
Fax: + 32 (2) 740 0829
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

Publications
2010 Areas of Concern: Analysis of Animal Welfare Issues in the European Union

Other publications by the Eurogroup for Animals can be found on their Publications page.

Eurogroup's other publications are the Eurobulletin and the Intergroup minutes of the Strasbourg sessions of the European Parliament. 

The Eurobulletin covers all topical issues dealing with animal welfare within the EU, focusing in particular on the latest legislative developments. 

The Intergroup minutes are accounts of discussions held monthly within the Parliamentary Intergroup on the Welfare and Conservation of Animals, providing information on current issues under discussion in the European Parliament and other EU institutions. Numerous Members of the European Parliament attend the intergroup meetings on a regular basis.

They are published monthly, except in August, and there is a joint issue of the Eurobulletin for December and January.

For subscriptions, please email This email address is being protected from spambots. You need JavaScript enabled to view it.

World Society for the Protection of Animals
5th Floor 222 Grays Inn Road
London WC1X 8HB
United Kingdom
Tel: + 44 (20) 7239 5000
Fax: + 44 (20) 7239 0653
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

Animal Protection Legislation -- Guidance Notes and Suggested Provisions

RSPCA
Wilberforce Way
Southwater, Horsham
Sussex RH13 9RS
United Kingdom
Tel: +44 (870) 333 5999
Fax: + 44 (870) 753 0284
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

Principal UK animal welfare legislation - a summary.

Humane Society for the United States (HSUS) Government Affairs Department
2100 L Street NW
Washington, DC 20037
USA
Tel: + 1 (301) 258 3010
This email address is being protected from spambots. You need JavaScript enabled to view it.

"Lobbying and the Law: A Guide to Federal Tax Law Limitations on Legislative and Political Activists by Non-profit Organizations." This book is available for $15.00 from Hogan and Hartson, 555 Thirteenth Street, N.W., Washington, DC 20004-1109, or call (1) 202 637-8646. Contact the HSUS (as above) for further details.

ASPCA Advocacy Center
424 East 92nd Street
New York
NY 10128-6804
USA
Tel: +1 (212) 876-7700
This email address is being protected from spambots. You need JavaScript enabled to view it.

Other Useful Contacts

The Association of Lawyers for Animal Welfare (ALAW)
P.O. Box 67933
London, NW1W 8RB
United Kingdom
This email address is being protected from spambots. You need JavaScript enabled to view it.

 A charity which aims to bring together lawyers interested in animal protection law to share experience and to harness that expertise for the benefit of the animal protection community, including by securing more comprehensive and effective laws and better enforcement of existing animal protection laws.

Animal Legal Defense Fund
170 East Cotati Avenue
Cotati, CA 94931
USA
Tel: + 1 (707) 795-2533
Fax: + 1 (707) 795-7280
This email address is being protected from spambots. You need JavaScript enabled to view it.

Thursday, 17 December 2009 02:42

International Agreements

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A small number of intergovernmental treaties exist which are concerned with the conservation of wildlife and wildlife habitats on a global scale. However, only the OIE standards are concerned purely with animal welfare.

OIE - World Organization for Animal Health
CITES/Washington Convention
Ramsar
World Heritage Convention
Bonn Convention
IATA (International Air Transport Association) 
IWC (The International Whaling Commission) 


OIE - World Organization for Animal Health

The OIE, which has 167 member countries, has agreed international standards on the transport and slaughter of live animals. These include:

  • Sea transport
  • Land transport
  • Slaughter for human consumption
  • Slaughter for disease control

OIE Home Page
OIE Animal Welfare Standards

CITES/Washington Convention

The Convention on International Trade in Endangered Species of Wild Fauna and Flora, entered into force on 1 July 1975 and now has a membership of 167 countries.

CITES Home Page
WWF Information on CITES

Ramsar

The Convention on Wetlands, signed in Ramsar, Iran, in 1971, is an intergovernmental treaty which provides the framework for national action and international co-operation for the conservation and wise use of wetlands and their resources. There are presently 112 Contracting Parties to the Convention.

Ramsar Convention on Wetlands

World Heritage Convention

Convention concerning the Protection of the World Cultural and Natural Heritage, 1972. Protecting natural and cultural properties of outstanding universal value against the threat of damage in a rapidly developing world

UNESCO Information on the World Heritage Convention

Bonn Convention

The Convention on the Conservation of Migratory Species of Wild Animals 1979 (also known as CMS or the Bonn Convention) aims to conserve terrestrial, marine and avian migratory species throughout their range. Since the Convention's entry into force on 1 November 1983, its membership has grown steadily to include 51 Parties

The Convention on Migratory Species (CMS) Website, which includes information on the Bonn Convention

IATA (International Air Transport Association)

The International Air Transport Association (IATA) is an association of airlines founded in 1945 by airline operators seeking to promote "safe, regular, and economical air transport." IATA publishes Live Animal Regulations (in English, French, Spanish and Chinese). These regulations are the industry's minimum standards for the international transport of animals.

The Convention on International Trade in Endangered Species - CITES - now recommend that its parties adopt the Live Animal Regulations as their official guidelines for the transportation of endangered species.

IATA has its European office in Geneva and its head office in Montreal. Copies of the Regulations can be obtained direct from IATA at:
200 Peel Street
Montreal, Quebec
Canada H3A 2RA

The IATA Website

IWC (The International Whaling Commission)

The International Whaling Commission (IWC) is the international body responsible for the regulation of whaling. The IWC was set up under the International Convention for the Regulation of Whaling, which was signed in Washington DC on 2 December 1946. The purpose of the Convention was to provide for the proper conservation of whale stocks and thus make possible the orderly development of the whaling industry. But the IWC's attitude toward whaling has changed over the years - towards protection of whales, rather than exploitation.

The Home Page of the IWC
Whale and Dolphin Conservation Society

Thursday, 17 December 2009 02:37

How to Use Animal Protection Legislation

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The Value of Legislation
Strategy and Lobbying
Introduction of Legislation
Improvement of Legislation
Using Existing Legislation


The Value of Legislation

Animal protection organizations can use animal protection legislation as a powerful tool in their work to protect animals.

Legislation is meant to reflect the moral consensus of the day. The law cannot be too far ahead of public consensus or it will not work. But forward-looking animal protection laws can set the tone for practical measures, and raise standards. Animal groups must press for the highest possible outcome under present conditions - they will certainly have many opponents trying to keep standards as low as possible! We are always fighting against powerful vested interests - often financial. Animal groups need good information, and clever tactics to achieve their goals (see Strategy and Lobbying below).

Legislation can be introduced to meet a number of aims, for example:

  • Banning certain activities involving animals (e.g. by-laws to ban circuses on local council land)
  • Prohibiting certain production methods (e.g. a ban on fur farming)
  • Protecting domestic animals/wildlife (e.g. laws against hunting in protected areas, or for endangered/threatened species)
  • Promoting animal welfare (e.g. by minimum standards/legal requirements)
  • Preventing animal cruelty or minimizing animal suffering
  • Protecting animal and public health (e.g. protection from 'dangerous wild animals' or prohibiting use of growth hormones)
  • Encouraging responsibility amongst animal owners

Improvements for animals can be achieved through public education (for example, persuading consumers not to buy fur) and through legislation (for example, a law that bans fur farming). In most cases it will take a mixture of consumer campaigns and lobbying for legislation. Public consensus is the basis for improved legislation and unless public consensus is underlined by legislative change, we are in danger of experiencing 'regression' later.

Strategy and Lobbying

The first question animal groups need to address is what they want to achieve. Then, based on this, they need to decide how - and indeed whether - to use animal protection law to achieve their aims. Strategy can involve the:

  • Introduction of legislation
  • Improvement of legislation
  • Use of existing legislation
  • Any combination of the above

Animal protection societies with limited resources need to focus for maximum effect. This could be by focusing on a key area that would have broad impact (such as the addition of animal protection to the constitution, or the creation of animal ethics committee to advise government). Alternatively, it could be a limited, but achievable, specific subject in their field (such as a ban on animal circuses in a town). In the latter case, achievement of the specific aim can be later broadened and applied to other subjects. Decisions on strategy should take account of:

  • Internal Factors - The society's strengths and weaknesses - (unique) capabilities (e.g. staffing, availability of funds, contacts in government, access to legal expertise)
  • External Factors - External opportunities and threats (e.g. seriousness of the problem, urgency, public support, opponents' strength)

Once overall strategic aims have been clarified, extensive research is needed before lobbying strategy can be formulated. Collect information and use models/experiences (including enforcement) at the earliest stage:

  • Additional provisions and good national experiences.
  • Look for existing international provisions (there are few covering animal protection, but where they exist, they provide strong lobbying tools to press the government to introduce/improve provisions)
  • If in Europe, look for Council of Europe Provisions (CoE conventions and recommendations cover many areas, and although they are not legally binding, can provide good lobbying material). The CoE provisions may be useful for other countries too
  • If in the EU, consider EU welfare legislation. This may be helpful.

Lobbying strategy is of major importance to the achievement of legislative goals. This should include:

  • The overall aim of the lobby
  • The targets of the lobby (President/Prime Minister, Ministers, Parliament, Political parties, Civil Servants [and if so, which departments/levels])
  • Channels to be used (e.g. meetings, letters, petitions, Motions in Parliament, Questions in Parliament, initiation of Parliament enquiries etc.)
  • Arguments/influences to be used (including accurate facts, use of opinion polls to show public support and bargaining [e.g. "we will support this if you do that"])
  • Allies - forming alliances to give added weight to the lobby

The strategy should be planned meticulously, including timings. Supporting public campaigns should focus on key aspects. Publicize and campaign on any striking examples leading to inhumane treatment of animals. Individual cases often help to highlight wider problems. Do not be afraid to campaign. Displays of public and media support add weight to your lobby message.

Introduction of Legislation

There are a number of avenues that can be followed by animal groups seeking to press their countries to introduce new animal protection laws:

  • Press for ratification of international agreements
  • Press for inclusion of international agreements in national law 
  • (In Europe) Press for signature/ratification of Council of Europe animal welfare conventions, if not yet done so
  • Press for text of Council of Europe conventions and recommendations to be included in national law
  • Press for full implementation of EU animal welfare laws (for EU members or those seeking to join EU)
  • Press for national animal protection laws, using good 'models'
  • Press for good regional/state/local animal protection provisions, using good 'models'

In addition to international and regional obligations in the field of animal protection, there are various arguments that can be used in support of the introduction of animal protection provisions. These include:

  • Altruistic: protection of animals for their own sakes, recognizing the intrinsic value of animal life (less common amongst government/legislators!)
  • Moral/ethical: 'The greatness of a nation and its moral progress can be judged by the way its animals are treated' Gandhi
  • International acceptance: As above, but playing on a country's desire for international acceptance and regard
  • Democracy: Pressure to upheld democratic principles. The 'people want it'.
  • Protecting country's fauna 'heritage': domestic animals/wildlife
  • Humanistic/Social: Preventing animal cruelty because this can have adverse impact upon human values and actions (quoting evidence of the link between childhood cruelty to animals and later criminality)
  • Public health: protecting animal and public health (including protection from 'dangerous animals')
  • Ownership/Responsibility: Encouraging responsibility (and liability) amongst animal owners
  • Economic: following changing consumer trends and competition abroad

It is important to understand the different factors that could provoke governments into action. Understanding of motivation is also important in planning and guarding against possible adverse impact. One practical example of this is that a government with the primary motivation of raising (tax) revenue may be prepared to agree to a scheme of dog registration and taxation - but may then seek to charge high dog taxes, introduce these too rapidly, and not put the taxes raised back into the stray control budget.

Animal protection societies have also successfully used legislation not primarily concerned with animal protection to help their cause - for example, causing the closure of substandard zoos or other premises where animals are kept using legislation designed to protect human health (such as environmental health, protection from 'dangerous wild animals' etc.). Knowledge of the law can be a powerful tool.

Improvement of Legislation

It is also possible for animal protection societies to influence the improvement of existing animal protection laws. The avenues that can be used and the government's possible motivations for change are almost the same as for the introduction of new legislation.

In this case, it is important to analyze existing provisions against international regional and relevant national models. Action should be prioritized in areas where practical animal protection problems occur through lack of adequate legislation or enforcement provisions. Campaigns to improve legislative provisions can be either specific - involving a particular problem in isolation - or broad/general. If a broad campaign involves an overhaul of existing animal protection legislation, it is important to work thoroughly and ensure the fullest possible coverage. Broad overhauls of animal protection legislation do not occur frequently, so any omissions may have to wait for some years (also consider that any standards of protection achieved will have to wait for some years before they can be improved - so aim high!).

Timing is also an important consideration. If, for example, you currently have a strong agrarian government (favoring farming interests) or a strong 'free market' government, this may not be the best time to seek changes to your animal protection law. You may even find that opening up existing legislation allows provisions to be weakened.

Using Existing Legislation

Many animal protection societies routinely use existing animal protection laws in their work. Some even work as part of the official enforcement system with their own inspectors. Others make unofficial checks, publicizing any shortfalls and adding pressure for change. All animal protection societies should be familiar with animal protection legislation affecting their own area of work, and should consider this as 'another tool in their armory' against animal cruelty and abuse.

Some animal protection societies use existing international or European obligations as a tool in their work. Compliance needs to be checked and cases of infringement well documented. Any breaches can be followed up with your own government and it may be possible to lodge a complaint to the relevant international or European body (for example, an individual or organization can lodge an official complaint in the case of non-compliance with EU law).

Societies can also study enforcement of animal protection laws in their country, and press for practical improvements where needed.

However, careful consideration should be given to animal protection societies taking on official enforcement duties (such as stray control work). The resources and commitment needed are often huge, and the price of failure high. There is also a danger of societies being drawn in to an official position, leaving them unable to campaign and lobby against government policies. Enforcement of the law is the responsibility of authorities. All too often they are pleased to abdicate their responsibilities and pass over the burden! If - after careful reflection - your society does decide to take part, ensure that you are well equipped to do the job, and that you will receive full financial compensation without having to compromise on your policies.

Consider lobbying for beneficial systems, structures and democratic processes - see Systems, Structures and Democracy.

Thursday, 17 December 2009 02:34

Animal Protection Law

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This section contains information on animal protection legislation at a regional, national and international level. It includes useful references to books and resources, contacts and links to websites of interest.

This information was compiled primarily to assist animal protection societies seeking to play a role in the introduction or improvement of animal protection laws, or who want to utilize existing animal protection laws to further their work. It provides an overview of existing legislation, including an indication of available 'models', and points the way forward for those seeking a more in-depth analysis.

Resources:

 

How to use Animal Protection Legislation

How animal protection organizations can use legislation as a powerful tool in their work to protect animals. This section includes both the introduction and improvement of animal welfare laws, and the use of existing legislation. Lobbying is also covered here.

The Importance of Enforcement

Effective enforcement is vital if existing laws protecting animals are to lead to practical changes in the treatment of animals. Animal protection organizations can influence enforcement mechanisms and assist.

Systems, Structures & Democracy

Covers the use of systems, structures and democratic principles for additional influence. Includes issues such as governmental structures, committees, consultation and procedures.

National and State Legislation

Individual countries have a wide variety of animal protection legislation. Animal law can beat different levels in the country's governing constitution, national law (primary or secondary) regional/state law or local ordinances. While many countries have comprehensive, modern animal protection legislation, some have yet to reach this stage. There is much that animal protection societies can do to contribute to the introduction and enhancement of animal protection laws in their country.

International Agreements

International legislation, in the form of treaties and conventions, may be made between countries joining an agreement (either international or regional, such as the Council of Europe -see below).

Council of Europe

The Council of Europe comprises 46 European countries at the time of writing – covering a much wider area of Europe than the European Union. Amongst the conventions of the Council of Europe are five on animal welfare, covering pets, animal experimentation, farm animals, animal transport and slaughter.

The European Union

The European Union comprises 25 European member countries. It was established by the EEC Treaty (Treaty of Rome) signed in 1951, with the objective of safeguarding peace and promoting economic and social progress. Essentially, it is about trade and harmonization of legislation. Thus, there are few measures concerned with the status and welfare of animals. It has also included animal welfare in its founding document.

Useful Books and Other Resources

There are many useful books and information resources on animal protection legislation. Models are invaluable for animal protection societies lobbying for improvement.

 

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