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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

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.