WellBeing International WBI Studies Repository

2005

International Animal Law, with a Concentration on Latin America, Asia, and Africa

Neil Trent Humane Society International

Stephanie Edwards Humane Society International

Jennifer Felt The Humane Society of the United States

Kelly O'Meara Humane Society International

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Part of the Animal Law Commons, Animal Studies Commons, and the Other Anthropology Commons

Recommended Citation Trent, N., Edwards, S., Felt, J., & O’Meara, K. (2005). International animal law, with a concentration on Latin America, Asia, and Africa. In D.J. Salem & A.N. Rowan (Eds.), The state of the animals III: 2005 (pp. 65-77). Washington, DC: Humane Society Press.

This material is brought to you for free and open access by WellBeing International. It has been accepted for inclusion by an authorized administrator of the WBI Studies Repository. For more information, please contact [email protected]. International Animal Law, with a Concentration 6CHAPTER on Latin America, Asia, and Africa

Neil Trent, Stephanie Edwards, Jennifer Felt, and Kelly O’Meara

t is, of course, a challenge to likely to have an animal protection while the United Kingdom is undertake an overview of inter- law, yet these concepts do not neces- steeped in animal protection legis- Inational animal protection law sarily correlate, though it may lation, as of 2005 it had not yet within the confines of a single reflect increased interest in animal banned dog and cat fur products, chapter. The countries reviewed protection as a concept [Table 1]). which due to their inhumane pro- here are exemplars chosen to International animal protection can duction, have cause a worldwide represent various animal welfare be best understood by placing coun- furor—and legislative prohibition in issues in each region. tries in one of four descending levels the United States and elsewhere. The status of domestic animal of animal protection. Countries of Australia, which has officially protection laws in Asia, Africa, and Asia, Africa, and Latin America can banned the sale of dog and cat fur, Latin America varies, as one might be found in the bottom three cate- had as of 2005 no blanket federal imagine, from country to country. gories (Irwin 2003). legislation concerning domestic Countries with high per capita animal welfare, though it did have incomes are more likely to have a strong animal welfare laws within large number of animal protection Model Animal each of its territories. organizations, whose existence nor- Protection A number of European countries mally leads to the passage of protec- have made great advancements in The greatest degree of animal pro- tive legislation.1 The sociopolitical, animal welfare protection in the last tection is found in North America, cultural, and religious backgrounds few years. As of 2005 the European Northern Europe, and Australia/ of each country, as well as previous Union (EU) was considering a ban New Zealand. These regions exhib- colonization, also influence whether on the import, export, sale, and pro- it the highest levels of such protec- it has animal protection legislation duction of cat and dog furs and tion and have comprehensive ani- and whether these laws are en- skins. Though some countries mal welfare legislation. forced. Previous colonization is the strongly supported this ban, others, Animal legislation in these coun- case in many former British col- like the United Kingdom, felt that it tries includes laws protecting com- onies, which often have very good is not the EU’s place to intervene in panion animals, livestock, and wild- laws but neither the means nor the individual countries’ affairs. Austria, life. Their statutes describe what interest to enforce them. With some on the other hand, had taken huge behavior is considered humane exception, countries within each steps in advancing animal protec- treatment of animals and what is region of the world follow similar tion by passing in May 2004 one of considered animal abuse, and they patterns of law and enforcement. Europe’s toughest animal rights are regularly enforced. There is also (Logically, it would follow that coun- laws, the Animal Protection Act of a high level of enforcement, yet con- tries with the highest number of ani- 2004. It prohibits caging of chick- ditions for animals are still not ideal mal protection groups per land area ens, cropping of dog’s tails and ears, and laws are not uniform from one or per population would be the most chaining of dogs, and use of wildlife country to another. For example,

65 Table 1 Animal Protection Activity in Selected Countries

No Law but Number of Draft of Law Animal Number of in Progress Total Land Area- Protection Number of APOs per or Under Population in Hundreds of Organizations APOs per Hundred Country Law No Law Review Millions* Square km* (2004)** million people Square km Australia • 19.91 7,617.93 355 17.83 0.05

Austria • 8.17 82.44 122 14.93 1.48

Spain • 40.28 499.54 108 2.68 0.22

UK • 60.27 241.59 752 12.48 3.12

Antigua • 0.07 0.44 4 57.14 9.09

Anguilla • 0.01 0.10 1 100.00 10.00

Bahamas • 0.30 8 26.60

Costa Rica • 3.96 50.66 15 3.79 0.29

Honduras ••6.82 111.89 2 0.29 0.02

Mexico ••104.96 1,923.04 83 0.79 0.04

Panama • 3.00 75.99 7 2.33 0.09

Bolivia • 8.72 1,084.39 21 2.41 0.02

Brazil • 184.10 8,456.51 93 0.50 0.01

Chile ••15.82 748.80 67 4.24 0.09

Colombia • 42.31 1,038.70 26 0.62 0.03

Peru • 27.54 1,280.00 12 0.44 0.01

China • 1,298.85 9,326.19 38 0.03 0.004

India • 1,065.07 2,973.19 326 0.31 0.11

Japan • 127.33 374.74 54 0.42 0.15

Korea • 48.60 98.19 20 0.41 0.2

Philippines • 86.24 298.17 16 0.19 0.05

Russia ••143.78 1,699.80 38 0.26 0.02

Botswana • 1.56 585.37 4 2.56 0.01

Kenya • 32.02 569.25 21 0.65 0.04

South Africa • 42.72 1,219.91 90 2.11 0.16

Uganda • 26.40 199.71 9 0.34 0.05

Zimbabwe • 12.67 386.67 24 1.89 0.06

*Source: CIA World Factbook. www.cia.gov/cia/publications.factbook. **Source: World Animal Net Directory.

66 The State of the Animals III: 2005 in circus acts (Associated Press improvement in their programs. laws against cruelty, dogfighting, 2004). Spain, with a mid-to-high South Africa has two animal pro- and cockfighting, but most of the level of animal protection, has been tection laws, the Animal Protec- penalties for animal abuse in these experimenting in the last two years tion Act 24 of 1962, which covers countries generally involve a fine with strengthening animal-cruelty all animals, and the Performing and are not usually implemented laws. Several cities, including Animals Act, which includes work- (Trent 2004a). Barcelona, had condemned bull- ing and performing animals. En- fighting. While there is no official forcement of these laws is largely ban at the provincial level, people’s left up to the National Society for Central and protests against bullfighting show the Prevention of Cruelty to Ani- South America that they are ready for tougher ani- mals (NSPCA). If animal abuse is mal protection laws (Trent 2004b). suspected, the law allows NSPCA and Asia-Japan The first European regulation at the member organizations to enter the Central and South America and municipal level to ban euthanasia as suspect premises and seize the ani- part of Asia (Japan), along with the a means of animal control passed in mal involved. It also has the right Middle East, have relatively weak Catalonia in January 2003; the Law to arrest a person who tries to pre- animal protection programs, and for Animal Protection takes effect in vent its personnel from entering a enforcement of such laws in many all of Catalonia in 2007. Yet some premises and/or removing an ani- of these countries is minimal. The cities, like Barcelona, have passed mal. The problems arise in actually high economic status and high similar legislation independently punishing offenders under these standards of living in many of the (Abend and Fingree 2004). laws. Because there is no separate countries in these regions normally court to hear animal-related cases, would indicate advanced protection these cases are regularly pushed laws and programs, but that is not Australia aside to address other criminal the case. Instead, cultural chal- Although Australia does not have a cases. Since crime is high in South lenges and traditions are obstacles federal law protecting domestic Africa, animal abuse cases can take for animal protection. However, animals, each individual state and up to three years to get through the most of these areas have exhibited a territory has its own animal wel- court system. Such enforcement growing interest in increasing ani- fare legislation. Queensland in par- problems are evidence of the need mal protection programs and law ticular introduced a thorough and for improvement (M. Meredith, enforcement. If this trend contin- comprehensive animal protection executive director, National Council ues, countries within this region, act in 2000 (Queensland Animal of SPCAs, personal communication with the cooperation of their gov- Care and Protection Act 2001). with S.E., June 24, 2004). ernments, should be able to im- Animal protection organizations in The Caribbean enjoys a moderate prove and/or enforce their existing Australia have been lobbying for presence of animal protection animal protection legislation. some time and hope to pass a fed- groups, and most islands have ani- eral animal protection law. mal protection laws in place (Table 1). Yet, as stated earlier, where these Central and laws do exist, largely due to current South America South Africa and or prior British influence, they do In recent years concern for animal not necessarily reflect the priorities the Caribbean protection in Latin America has of the current governments. For been growing. Peru, Costa Rica, Islands example, the Bahamas, a former Colombia, and Brazil have federal South Africa and the Caribbean British colony, has an animal welfare animal welfare laws that specifical- Islands, along with Southern and act of British origin. Antigua and ly protect companion animals and Eastern Europe, comprise the sec- Barbuda, independent states within define animal cruelty. Costa Rica ond level of animal protection. Ani- the British Commonwealth, have and Peru have made humane edu- mal welfare laws are the norm, but animal-cruelty laws, but the penalty cation mandatory in the curricu- enforcing them is the biggest chal- for noncompliance is no more than lum for schoolchildren. Costa Rica lenge. The laws in South Africa and a fine. Anguilla, which is still a and La Paz, Bolivia, have outlawed the Caribbean, passed during for- British colony, has laws that prohib- circuses that use animals; Teguci- mer British rule, do not necessarily it animal cruelty and name the local galpa, Honduras, and La Paz have represent the concerns of current police as enforcers, yet there are no passed ordinances to ban dogfight- governments. Animal protection local government funds to support ing; and Mexico City has identified presence is high in most of the animal control or animal welfare. an enforcement squad that will areas’ regions, yet there is room for Several Caribbean countries have

International Animal Law, with a Concentration on Latin America, Asia, and Africa 67 work strictly on animal issues and mate a livestock industry has forced draft a federal animal welfare law. enforcing the federal district’s ani- the ministries of agriculture in sev- The veterinary school at the Nation- mal welfare law, and government eral countries (e.g., Argentina, al University of Mexico has begun a organizations are looking at stan- Brazil, and Chile) to evaluate their program to train inspectors on dards for the transport and sacri- livestock transport and handling implementing the animal welfare fice of livestock. Yet, several coun- practices, though they are not the law in the federal district. Although tries in the region have no animal first to do so (Appleby 2003). it seems much has been done, ani- welfare legislation and no current Tourism, the predominant eco- mals in Mexico do not live in health plans to develop any. nomic driver of many Central and and comfort. In Mexico City, in par- Creating and passing animal pro- South America countries, and a ticular, which has a population of tection legislation in Latin America potential economic engine for the around twenty million, the federal is dependent upon a series of vari- others, has caused some countries district has a lot of work to do, and ables, including economics, cul- to work on specific animal welfare one can only hope that the rest of ture, and religion. In each country problems. Tourists from countries the country will follow (F. Galindo, the state of the government can without large numbers of visible D.V.M., campaign officer, IFAW, per- determine the success of any type stray and street dogs, for example, sonal communication with J.F., July of law or regulation. Even countries can be strongly affected by the 29, 2004). that put forth the best effort will sights of malnourished, sick, or not succeed if corruption rules in uncared-for animals congregating Costa Rica the place of communication. The around their hotels and restau- Costa Rica has adopted an animal culture of animal ownership and rants when they travel. They com- welfare law that looks at issues what individuals see as being ani- plain to hotel and restaurant per- ranging from companion animals mals’ role in society are additional sonnel and carry the word back to to work animals and from animals variables that affect legislation. others once they return home. involved in sports and experimen- Human health issues have affect- Such bad publicity can generate a tation to wildlife. The law appears ed animal welfare incidentally in a response from countries looking to be fairly general, but its intro- positive manner around the world. for tourist business. duction explains that cruel acts Species from dogs to cows have against animals damage human benefited from increased attention Central America dignity, and it specifically states and advances in veterinary care as that its aim is to foster respect for a consequence of efforts made to Mexico all living things. It suggests ani- fight diseases that can be transmit- Mexico has no national animal wel- mals should have adequate food ted from animals to humans. With fare law, but “official norms” exist and water, should have the ability education campaigns that docu- that address issues of animals in to exhibit behaviors normal to the ment the effects of such zoonotic research and animal transport and species, and should be free from diseases, health departments in sacrifice. (Another, as of 2004, was pain and distress. the majority of Latin American soon to be released on mainte- Local and international animal countries, and international organ- nance and care.) In February of welfare organizations have done izations working in those coun- 2002, Mexico City passed an ani- much to add more detail to the law tries, are persuaded to support the mal protection law that put in and expand its scope. The World animal welfare movement. A clas- place regulations and criteria to Society for the Protection of Ani- sic example of this dynamic can be protect the lives of animals, ensure mals (WSPA), through its regional seen in the approach to rabies con- their respectful and dignified treat- office in Costa Rica, has been trol around the world. In many ment, and foster the participation behind a series of efforts to improve countries you can travel to the of the social and private sector in animal welfare in the country. A most remote areas and witness a complying with these regulations handful of very successful local rabies vaccination campaign that within the city’s federal district. organizations promotes this effort, benefits human and animal popula- In 2001 the International Fund dedicating its time and lending its tions alike. for Animal Welfare (IFAW) opened a expertise. These organizations enjoy Similarly, the emergence of regional office in Mexico City, where good working relationships with the bovine spongiform encephalopathy it has begun working fervently on government and are interacting suc- (so-called mad cow disease) has issues particular to Mexico. IFAW cessfully with the ministries of envi- acted as an economic driver for staff has been working with the ronment, health, and education improved animal welfare standards National Animal Health Council, a toward improved animal welfare in Latin America. The possibility consulting firm for the Ministry of standards (G. Huertas, regional that mad cow disease could deci- Agriculture, since 2002, helping to director, WSPA Latin America, per-

68 The State of the Animals III: 2005 sonal communication with J.F., June the welfare of companion animals to be presented in September 15, 2004). The ministry of educa- (Municipal Resolution No. 20, 2004 after governments had tion, for example, has included 1990). Panama has its own nation- changed (A. de Llorach, Fundacion humane education in the national al animal protection law, the Codi- Humanites, personal communica- curriculum, and the ministry of agri- go Administativo–Tratamiento de tion with S.E., October 22, 2004). culture is currently working on a Animales Domesticos, 1941, but transportation decree for livestock this law is not thorough, nor is it Honduras that is heavily focused on animal often enforced. A demonstrated knowledge of the welfare. (On a separate note, circus- Drafters of the ordinance used importance of protecting species is es using wild animals have recently an administrative code and a sani- crucial to any forward movement been outlawed in the country.) tary code to create this legislation. on animal protection issues. Hon- Costa Rica is greatly affected by Working animals dominate the duras has legislation protecting tourism and the tourist dollar. In ordinance, and strict guidelines animals of national significance, one area in particular, the street/ are presented. The ordinance pro- such as the white-tailed deer and stray dogs are called “tourist dogs” hibits excessive beating of work the scarlet macaw. Local Hon- because they survive on food dis- animals and prohibits such animals duran animal welfare organizations pensed by whatever tourist decides from carrying excessive weight. are in the process of drafting a pro- to “adopt” them that week. Mistreatment of animals for not posal for a law that would cover Despite Costa Rica’s high profile as working as quickly as their owners domestic animals. A struggle to a tourist destination, it is a strug- would like and abandonment of an get the proposal passed into law gle to bring the welfare of compan- animal no longer able to work are was anticipated as of 2004 as ion animals, as well as livestock, to prohibited as well. Animals should domestic animals are not consid- the attention of the majority of the not be made to work if they have a ered by many to be a priority population. Even though the coun- broken or dislocated bone. Each of species (K.J. Duarte, Asociacion try’s animal welfare law, Ley De these infractions is punishable by a Hondurena Protectora de los Ani- Bienestar De Los Animales, pro- modest fine. The ordinance also males y su Ambiente, personal vides a necessary foundation, its addresses bullfighting, only allow- communication with J.F., June 12, enforcement is practically nonex- ing it on festival days. Any police 2004). As a result of several dog istent. officer who fails to enforce this is attacks on children, the capital There are signs of hope, however. subject to a fine. When discussing city of Tegucigalpa outlawed dog- Travelers have expressed great con- domestic animals, the ordinance fighting in 2004. Although this cern for Costa Rica’s tourist dogs, pairs maintenance of dogs with action can be seen as advance- and, as a result, there is additional health issues and concerns. It does ment, when it is difficult to deter- pressure on the government to make clear, however, that anyone mine the capacity of the govern- strengthen the language of the ani- who mistreats a domestic animal, ment to work on such issues, any mal welfare law and its enforcement fails to provide sufficient food, or improvement is compromised by strategy. Local organizations show a allows an animal to suffer is sub- the lack of communication and constant willingness to be involved ject to a fine or ten to twenty days transparency surrounding it. and to push for stronger legislation in jail and that those who witness and improved enforcement (L. cruelty toward domestic animals South America Schnog, president, Asociacion are obligated to report it to the Humanitaria Para la Proteccion Ani- Panama City Humanitarian Office. Peru mal de Costa Rica, personal com- Although it may seem that ani- Peru benefits from the existence of munication with J.F., June 17, mal welfare issues are largely cov- a well-known animal welfare organi- 2004), and humane education pro- ered, enforcement of the ordi- zation that has worked well with the vides an essential component for nance is not widespread, and the government for several years. After future improvements. Such positive majority of the activities specifical- a series of successful animal pro- steps demonstrate a commitment ly prohibited in the document are grams in the capital, Lima, this to animal welfare and the desire to still allowed to occur daily. organization was able to demon- make the necessary changes to pre- Panama City’s mayor in 2004 strate to the government the bene- vent the unnecessary suffering of was very sympathetic to animal fits of animal welfare and the impor- animals in the region. welfare issues, and the local animal tance of having a law that outlined welfare organization was working animal welfare standards (R. Quin- Panama City, Panama on a draft proposal for a national tanilla, Amigos De Los Animales, The city of Panama has drafted a law that would outline animal wel- personal communication with J.F., municipal ordinance that looks at fare concerns in more detail. It was June 12, 2004; with S.E., November

International Animal Law, with a Concentration on Latin America, Asia, and Africa 69 22, 2004). The Law for Protection cesses, many animal welfare issues cles still must be dealt with. of Domestic and Captive Wild Ani- in the country are still waiting to Although Brazil is similar in size to mals (Law No. 27265, 2000) is com- be addressed. The law may be the United States, its road struc- prehensive, includes companion enforced at times in Lima, but ture is quite different, and dissem- animals and wildlife, and covers top- enforcement is virtually nonexist- ination of information and commu- ics from pet ownership to the role of ent outside the city borders. Com- nication is difficult. The diversity the authorities in animal protec- munication among officials is of the population also presents tion. Its goal is to prevent all mis- weak, and the push for enforce- obstacles, and belief systems with treatment of and acts of cruelty ment of law lies primarily with the regard to animals vary from village toward animals caused directly or animal welfare organization and to village. Although the laws may indirectly by humans. It also aims to not within the police department. have been present for a long time, foster respect for the lives of ani- There is little familiarity with the their enforcement has not. mals through education, to dissem- law throughout the rest of the Brazil, like Costa Rica and inate these ideals throughout the country, and few individuals are Colombia, benefits from a regional Peruvian population, and to lay willing or able to dedicate their WSPA office that has worked suc- down rules for pet owners, starting time to these issues. The streets cessfully in collaboration with local with the basics of providing ade- continue to be filled with stray dogs organizations on a variety of issues. quate food and water and proper liv- in poor condition; however, with The presence of well-organized lo- ing conditions. The role of the the inclusion of humane education cal animal welfare organizations authorities is defined in the law, in the curriculum for all of Peru has enabled many of the issues to which stipulates that police should that will reach children from each be brought to the forefront of the provide adequate support and that corner of the country, there is hope news, and many of these groups are government organizations, such as that the general welfare of animals working on municipal ordinances the ministry of health, should take in Peru will continue to improve. that will complement and strength- responsibility for a program that en the country’s laws (E. Mac Gre- would address the issue of overpop- Brazil gor, WSPA Brazil, personal commu- ulation. The document also add- Brazil has two laws that pertain nication with J.F., June 2, July 2, resses issues such as animal experi- directly to animal welfare issues. August 3, 2004). mentation and transportation of The first is a presidential decree circus animals. that prohibits animal cruelty, re- Chile The law puts a great deal of quires adequate care of animals, Chile has more than two dozen ani- emphasis on education and health and discusses punishment for non- mal protection organizations work- and the fact that those govern- compliance (Presidential Decree ing on issues ranging from marine ment organizations charged with 24.645, July 10, 1934, President mammals to stray dogs. Some addressing public health and edu- Getulio Vergas). The law provides an groups are working toward banning cation should take responsibility extensive list of what is to be consid- animal experimentation; others are for animal welfare concerns within ered as cruelty to animals and even concerned with the plight of work- the scope of their focus. Since pas- includes a section on transport of horses. Despite the overwhelming sage of this law, these government animals and transport vehicle con- presence of animal welfare groups, agencies have done just that. In ditions. The second law (Federal the country has no national animal partnership with the police force, Law 9.605/98—Art. 32. Environ- welfare law. A coalition has been the local animal protection organi- mental Crimes Law, 1998) states working unsuccessfully for over ten zation has been able to investigate that anyone who abuses or mis- years to get a particular piece of a number of cruelty cases and seek treats, wounds or mutilates a wild, legislation passed (C. Sprohnle, prosecution (R. Quintanilla, per- domesticated, or domestic animal, Agrupacion Cultural Amor a los sonal communication with J.F., whether native or exotic, will incur Animales, personal communication June 12, 2004). Perhaps the law’s a punishment of three months to with J.F., May 10, May 11, July 20, most notable success is the fact one year in jail and a fine. 2004). The proposed law has gone that the ministry of education has It is fair to say that the early pas- through several changes to accom- included humane education in the sage of an animal welfare decree modate various concerns but, as of curriculum of schoolchildren. It was due in large part to influence 2004, without success. It looks must be noted, however, that polit- from citizens around the world much like the animal protection ical instability over the years has who had settled in Brazil. Despite laws in local regions of the country: slowed the progress of improved the fact that animal welfare has it covers domestic animals and animal welfare standards. been on the books in that country wildlife, includes animal experi- Although there have been suc- for a number of years, many obsta- mentation, and aims to establish

70 The State of the Animals III: 2005 norms to understand, protect, and is still the challenge of getting a comprehensive list of acts against respect animals as living beings and law actually on the books and a animals deemed to be cruel. as part of nature with the goal of commitment to enforcing that law. Colombia and the organizations providing them with adequate care working on animal welfare issues and avoiding suffering. Colombia have made great strides and The law also aims to include Despite the sometimes volatile achieved some successes. There is humane education in the national political situation in Colombia, still a long road ahead, but these curriculum and provides general there is no evidence that politics groups have the benefit of having guidelines for the care of compan- has impaired efforts to increase worked on these issues for several ion animals. It outlines punishment the country’s animal welfare stan- years and have seen what has worked in terms of fines to be paid or pub- dards. An animal welfare law was and what has not, which will help lic service. The great challenge has passed a little over a decade ago. them determine the next steps. been to identify someone within The effort was led by a veterinarian the government to sponsor the leg- and backed by several local animal Asia: Japan islation and work for its passage. protection organizations. As in Unlike other countries in its Concerns have been raised that Costa Rica, Colombia enjoys the region, Japan enjoys a mid- to high once there is an animal welfare presence of a regional WSPA office level of animal protection presence, law, there will be problems with its that is able to lend support and act with legislation to support the enforcement. In most countries, as resource for information for efforts. However, the legislation is police salaries are low, and the local groups working to effect not always enforced consistently. incentives to receive new informa- change. This does not discredit the There is extensive animal welfare tion and incorporate new practices efforts of and impact that many legislation, amended in 1999, into the daily job are not there. well-organized and well-run local addressing the proper treatment animal welfare organizations have and care of companion animals. Bolivia had on their own. Instead it com- The law requires owners to care for Once considered to have the lowest plements their efforts. their animals “in a proper manner” level of awareness of animal welfare When the Colombian law was and recommends spay/neuter as issues, Bolivia in 2003–2004 alone passed, the government required an answer to overpopulation. prohibited dogfighting and circuses that bullfighting and cockfighting The Law for the Humane Treat- that use wild animals in the city of be omitted from the text. Local ment of Animals mandates the La Paz. Both efforts were led by the organizations have been working establishment of an Animal Welfare local animal welfare organization to negotiate prohibitions against Council and requires the govern- that has worked with the govern- these activities. The effort is to ment and local public bodies to ment on several programs over the include dogfighting, increase make an effort to educate the peo- past years (S. Carpio, Animales fines, and make cruelty toward ple on the concept of animal wel- SOS, personal communication with animals a felony. There have been fare. To popularize animal welfare, J.F., July 2, 2004). As of 2004 problems with enforcement of the the legislature designates a “Be Bolivia had no national animal wel- law, and police officers are reluc- Kind to Animals Week.” The law fare legislation, but with the pas- tant to charge people with animal also specifically states the punish- sage of the two municipal ordi- cruelty (C. Ochoa, Vidanimal, per- ment for several levels of abuse, all nances mentioned above, it was sonal communication with J.F., of which involve a fine but no clear that animal welfare was start- July 29, 2004.) imprisonment. It also provides sug- ing to capture the attention of gov- As it stands, the law states that gestions for promoters of animal ernment officials. The instability of animals in the national territory welfare; advising them of effective Bolivia’s government has made it have protection against suffering ways to spread their message (Law difficult in the past to work on such and pain caused directly or indi- for the Humane Treatment and issues, but, it is interesting to note, rectly by humans. The law, which Management of Animals—Law No. in 2004, when political instability covers companion animals, 105, October 1973, revised Decem- was at a high, this was clearly not wildlife, and work animals, seeks to ber 2000). The law itself is quite the case. The key to these huge prevent pain and suffering, pro- thorough; the problem is that law gains in animal welfare was the mote health and well-being, ensure without enforcement is ineffective. work of the local animal welfare good hygiene and appropriate con- Little consideration is given to organization and of several govern- ditions, eradicate animal cruelty, the treatment of farm animals. A ment officials concerned with the and develop an educational pro- related livestock ordinance, The issue. Although these are positive gram, among others. The law also Guidelines for Rearing Industrial outcomes for animal welfare, there sets fines for cruelty and provides a Animals, makes recommendations

International Animal Law, with a Concentration on Latin America, Asia, and Africa 71 for hygiene and prevention of ani- In many Asian countries, partic- (Korean Animal Protection Law, mal abuse, yet does not specify any ularly Korea, China, Vietnam, and May 7, 1991). Despite this exclu- penalty for abusers. Livestock ani- the Philippines, the inhumane sion, eating dog still occurs. mals could be considered as cov- slaughter of dogs and cats for the Although keeping dogs as pets has ered under the Law for Humane purpose of human consumption is become popular, many Koreans Treatment of Animals Article 8, a common practice despite laws also see a distinction between dogs which addresses businesses dealing against it. bred as pets and those who are tra- with animals; defines an animal as ditionally bred for consumption. a mammal, bird, or reptile; but Korea An amendment to the 1991 law, says specifically that it does not Although Korea adopted the Kore- which was to be submitted to the include animals on livestock farms an Animal Protection Law, which Korean Parliament in July 2004, (Kishida and Macer 2003). In Arti- should protect dogs and cats from would make a distinction between cle 27, which describes penalties cruelty, in 1991, this law is not dogs bred as pets and all others. for abuse, several livestock animals often enforced. While it is not an The government explained that, by are included (Law for the Humane everyday practice, many Koreans amending the law, it hoped to fur- Treatment and Management of feel that eating dog/cat meat is a ther protect pets and change the Animals—Law No. 105, October part of their culture and has many negative perception of foreigners 1973, revised December 2000). So health benefits. Some feel that giv- regarding animal abuse in Korea. the law does protect livestock ani- ing up this tradition would be con- The proposed amendment includ- mals from clear abuse but does not forming to Westernization. Others ed rules regarding vaccination and address humane living conditions feel that this is a practice that identification of pets and the man- or humane slaughter (Kishida and began after the Korean War during agement of stray animals and shel- Macer 2003). a period of widespread starvation. tering facilities. The amendment Despite its advanced law, Japan Eating of dog meat grew in preva- also specified acts of animal abuse could use stricter livestock laws and lence during reconstruction largely to improve the efficiency of the increased enforcement of the com- due to the claims, made by some, Animal Protection Law. While the panion animal law, although it does that dog meat had extensive health amendment could provide further show interest in this improvement. benefits (Korean Animal Protection legal protection for pets, some are Society 2001). Yet the problems lie concerned that distinguishing not in the actual consumption of between pets and other dogs would Asia and Africa dog meat but in the cruel manner classify non-pet dogs, by default, as (excluding Japan in which the dogs are kept and livestock and thereby legalize their slaughtered. The Korean Animal consumption (Korean Animal Pro- and South Africa) Protection Law states that its pur- tection Society 2004). pose is to prevent the mistreat- Asia ment of animals and to encourage Philippines Asia and Africa, along with most of respect for animals (Korean Animal Animals in the Philippines have a the member countries of the for- Protection Law, May 7, 1991). This similar problem: they are protect- mer Soviet Union, experience the law states that no one may kill an ed by legislation without enforce- lowest levels of animal protection. animal in a cruel manner nor may ment. A general Philippine law Most countries in these regions do he or she inflict unnecessary pain relating to animals, Republic Act not have any animal protection upon an animal. Despite these pro- 8485, or Animal Welfare Act of laws, and those that do have visions, dogs and cats are often 1998, lists the species considered extreme problems with enforce- killed purposefully in an inhumane as livestock. It does not include ment. In Asia, problems tend to manner because some believe that dogs, although it does mention stem from lack of provision for the fear and suffering experienced dogs under “pet animals,” which stray animals, lack of protection by the animal enhances the quality means that dogs cannot be eaten for wild and captive animals, and of the meat. legally. The Metro Manila area has minimal awareness of animal wel- A related Korean livestock ordi- specific legislation banning the fare as a concept. The biggest nance makes a distinction between killing, serving, or eating of dogs obstacles in African countries are livestock animals and pets. It (Republic Act No. 8485: The Ani- financial and cultural. In many of specifically names animals that are mal Welfare Act of 1998). these countries there is little con- considered as livestock, and except The Philippine Animal Welfare cern for the animals, because so for a three-year period (1975 Act prohibits the torture of ani- many of the people are struggling –1978), dogs have not been includ- mals and/or their killing in an for survival. ed in the list of livestock animals unnecessarily inhumane manner. It

72 The State of the Animals III: 2005 also prohibits those who operate a local government officials respond- into consideration the shelter, pet store, zoo, or veterinary hospi- ed by saying that any abandoned lighting, temperature, and ventila- tal from owning slaughterhouses. animals or animals exhibiting signs tion involved in the transport (Ani- Facilities supporting a pet store, of illness would be put to death. mal Protection Law; Stray Dog zoo, or veterinary hospital must Some people fearing that their ani- Control in the Republic of China display on the premises a sign stat- mals would face a cruel death took on Taiwan, November 4, 1998). ing that they have established their pets to be euthanized, in- Under this law, animals are cate- clean and sanitary conditions for stead. Fortunately, not all veteri- gorized as pets, economic, scientif- the animals and would not cause narians would euthanize pets ic, or feeder animals. Animals in them pain and/or suffering. based on the public fear of SARS, the pet category may not be killed It an attempt to regulate enforce- and many disagreed with euthana- at will. There are also regulations ment, the law mandates the creation sia as a way of ensuring pet safety concerning the treatment of exper- of a Committee on Animal Welfare, (Epstein 2003). imental and scientific animals. The which should be in charge of imple- Further evidence of interest in number of animals involved and menting and enforcing the Act. animal welfare comes from the the pain and distress incurred in Chinese public’s rejection of bull- animal experimentation must be China fighting. When Beijing’s Wildlife kept to a minimum. While law enforcement can be a Park began building a bullfighting The Taiwan Animal Protection problem in many Asian countries, stadium in hopes of increasing Law also calls for counties and/or in mainland China there is no tourism, the public outcry was so municipalities to set up animal domestic animal protection law to great that officials decided to drop shelters to house stray and unwant- enforce. Although a draft Animal the idea entirely. Protests came ed animals. As a result, several ani- Welfare Act was being considered not just from animal rights groups mal shelters have been built in May 2004, Beijing inexplicably but from the community as well. throughout the country; however, withdrew the proposal. This law The outcry represents the Chinese the lack of an overall animal con- would have banned organized ani- people’s increased interest in ani- trol program means these shelters mal fighting and mandated hu- mal protection (Trent 2004b). As are less than efficient. Despite the mane slaughter of livestock (ABC the Chinese are exposed to infor- law, stray dogs remain a huge prob- Radio Australia News 2004). The mational resources now more than lem in Taiwan. legislation would have been a time- ever before, often via the Internet, ly protection for animals in China people are engaging in grass-roots Russia because the export of animals is actions on a number of issues, one While the lack of law enforcement increasing, as is the domestic of these being animal welfare. has been a problem for some parts demand for milk and dairy prod- Unfortunately the increased inter- of Asia, in Russia the law itself is ucts. China already has laws pro- est in animal welfare has not been the problem. In 1998 Russia tecting wildlife and exotic animals, reflected through legislation in banned veterinarians from using but this would have been the first mainland China. ketamine to sedate animals, mak- law to protect domestic and farm ing it nearly impossible for them to animals. The nonexistence of do- Taiwan perform surgeries without inflict- mestic animal welfare legislation In contrast to mainland China, Tai- ing pain. For years, Russian veteri- makes China a paradox, because wan has comprehensive animal narians used ketamine legally, and the people of China seem to want protection legislation. The Taiwan without any interference. Yet in more advanced animal protection. Animal Protection Law, which pro- 1998 the Ministry of Agriculture Despite steep government license hibits the mistreatment of animals undertook a sweeping review of fees, keeping dogs and cats as pets in detail, outlaws animal fights, drugs permitted for use in veteri- in China is becoming more and human-animal fighting, or animal nary medicine. Ketamine didn’t more popular, especially in metro- fighting as entertainment and pro- make the cut, due only to an over- politan areas such as Beijing. Yet hibits gambling on any animal- sight (Trent 2004c). the 2003 Severe Acute Respiratory related sport, including racing. After much protest Russia lifted System (SARS)] outbreak was a Abandonment of animals is prohib- the ban in 2004. Though this setback for pets in China (Lev ited, and the law specifies that ani- seems to be a step in the right di- 2003). Confusion over how the mals must be provided with a rection, the government still virus was spread led to rumors that healthy living environment and sit- makes it impossible for veterinari- dogs and cats could spread SARS. uation. Provisions for transport of ans to gain access to ketamine by Out of fear many people aban- animals is also discussed in detail, requiring them to obtain a license doned or killed their pets. Some mandating such transport take for the drug and then refusing to

International Animal Law, with a Concentration on Latin America, Asia, and Africa 73 grant them one. Veterinarians who colony, India has in place extensive proper transport, breeding, and have attempted to access ketamine legislation at the federal and state housing of these types of animals. without a license have been arrest- levels. The main federal law (The Each state has equally strict laws ed and fined (Trent 2004c). Prevention of Cruelty to Animals that range from governing particu- Act of 1960) includes an array of lar species, such as the Assam Rhi- India provisions governing the treatment noceros Preservation Act 1954, to India serves as a good example of a of nearly every category of ani- covering large groupings of ani- country with strong animal protec- mal—domestic, farm, wild, captive, mals, such as the Rajasthan Ani- tion laws. As a former British or other. The law’s provisions cover mals and Birds Sacrifice (Prohibi- tion) Act 1975. Still in existence today is an Ani- mal Welfare Board of India, a legally constituted body created under the 1960 act that oversees the federal law. In addition, the Indian constitution states, It shall be the duty of every cit- izen of India to protect and improve the natural environ- ment including forest, lakes, rivers, and wildlife, and to have compassion for living creatures. (Constitution of India, Article 51-A 1950, last amended 2002) However impressive this body of legislation is, it is largely ignored. As India has an immense human population, many of whose mem- bers live in extreme poverty, ani- mal protection goes unnoticed, and the laws are rarely enforced. Africa The situation for animals in Africa is similar to that in Asia, except that African countries have passed even less animal protection legis- lation. There is little animal pro- tection activity in any African country, except South Africa. Though most countries have wild- life protection acts, the majority of them have no federal protection laws for companion or domestic animals; if they do have leg- islation, enforcement is a prob- lem. There are few animal protec- tion groups, and even in areas where they work, their visibility and influence is limited. Uganda and Botswana Uganda has been working over the last few years on revising its 1958 Animals Act. The government is gathering information regarding

74 The State of the Animals III: 2005 the improvements needed and has asked the Uganda SPCA for its in- put several times. Botswana, too, is looking to revise its animal laws. The Parliament of Botswana is con- sidering a revised version of the 1977 Cruelty to Animals Law. A pro- posal written by a British Consul in 1999 would update the 1977 law. The proposal is much longer and more thorough than the original, but no decision has been made yet about whether this revised version will be passed (K. Menczer, Uganda SPCA, personal communication with S.E., June 14, 2004). Kenya Kenya also has a law protecting domestic animals, known as CAP 360 (Prevention of Cruelty to Ani- mals, CAP 360, 1983) and based on the U.K. Animal Protection Act. This law is often difficult to enforce, KSPCA, which polices this act, tions joined forces to establish an despite the efforts of the many ani- repairs and supplies ammunition Egyptian Federation for Animal mal protection organizations in for the captive bolt stunners used Welfare and are working on devel- Kenya. Lack of enforcement is often in the slaughterhouses. It also does oping a draft of animal welfare leg- due to police and prosecutors’ igno- periodic spot-checking to ensure islation for Egypt. This group is rance of the law. Getting animal the law is being enforced (A. Kahn, striving to address many different abuse cases through the court is executive officer, Kenya SPCA, per- animal protection issues, but its often a very slow process, and penal- sonal communication with S.E., main focus is on combating the ties are minimal. Kenya has an Ani- June 17, 2004). existing barbaric methods of live- mal Transportation Act that is (Other countries, such as Ugan- stock slaughter and of companion policed by the Kenya SPCA da and Egypt are addressing the animal population control. It is (KSPCA), with branches in Nairobi livestock issue. Several humane also actively developing a website and Mombassa. This law tends to be organizations have emerged re- that would promote sharing of difficult to enforce due to the size of cently in Uganda and are working information and resources for the country (K. Menczer, personal toward the development of a rela- newly emerging animal protection communication with S.E., July 14, tionship with Islamic elders to groups in the Middle East and 2004). A common infraction of this introduce a pre-stun concept in North Africa.) law is the shipment of camels from the slaughtering process that Arab states to Kenya. Often the could fall within Islamic religious Zimbabwe camels are not provided with ade- parameters. Currently, the halal In Zimbabwe, enforcement of ani- quate food and water for their long method of slaughter does not pro- mal protection laws is nearly journey. Thirst and hunger lead vide for desensitizing or pre-stun- impossible due to civil and political camels to stampede, causing many ning of animals. One of the unrest. Although Zimbabwe has injuries. More recently, the KSPCA authors [N.W.T.] reports that these extensive protection legislation, has been able to work with the ship- humane organizations hope that, the concept of animal welfare no pers to ensure proper care for the by working together, they will be longer carries the weight it once camels, and the camel shippers have able to harmonize religious and did. It is a classic example of a shown greater willingness to abide cultural practices with humane regional paradox; because of the by the Animal Transportation Act. considerations. There had been lit- country’s history as a former Brit- Kenya has a relatively effective tle animal protection structure in ish colony, logic would lead to the humane slaughter act, which re- Egypt, but there has been an enor- conclusion that it would exhibit the quires that all food chain animals mous growth in the past several first or second level of animal pro- be stunned before slaughter. The years. In 2004 several organiza- tection. It does indeed have animal

International Animal Law, with a Concentration on Latin America, Asia, and Africa 75 legislation, underpinned by British SPCA is doing what it can to protect neuter their animals, which leads to law, that was heavily enforced until the animals, but even with the sup- an overpopulation problem. political strife shifted political pri- port of the Zimbabwean police, it Another obstacle to improve- orities. Recent civil unrest clearly faces suspicion and obstinacy from ments for animals is the conflict has had a negative impact on ani- the Zimbabwean militia. Animals between land conservation and the mal welfare in Zimbabwe. Many have been abused and tortured to human need for land. Because of people have lost their land and illustrate political philosophies. the high rate of poverty and deple- their homes as part of a political Though the fate of animals was once tion of natural resources, indige- decision to seize and redistribute a high priority to Zimbabwe, and nous peoples feel they should be lands. Because the lands are taken would most likely be again when the able to use the land and the wildlife violently, people often have fled country regains stability, it will sure- for their own survival and suste- their homes and left behind their ly take many years to regain the high nance. This is especially the case animals. The abandoned animals, standard of animal protection the with tribes that have traditionally which include pet and farm ani- country once enjoyed. used animals as a food source. Most mals, face starvation, chaos, and, There have been some improve- African countries have laws that often, abuse. Because private re- ments in conditions for animals in prohibit hunting and sale of serves have been seized as well, Africa, and several countries are wildlife, but these often are disre- wildlife has been left susceptible to looking into updating their laws. garded to feed families and some- poachers (Collier 2004). However, for the laws and protection times to gain income from illegal The high rate of poverty and for animals to increase, there needs trade. The laws are difficult to unemployment in Zimbabwe, add- to be a change in the public view of enforce and are usually not a prior- ed to the political instability, has animals. At present, dogs usually are ity among other issues in Africa. caused deplorable living condi- kept for guarding purposes rather tions for humans. When people are than as pets and are seen as dispos- struggling for survival, they cannot able. Many people have had no edu- Conclusion feasibly care for the animals. Also, cation on the proper care for an ani- The state of animal protection in because of the depletion of natural mal and think that dogs can find Latin America, Asia, and Africa resources, wildlife has become a food and water on their own. It is depends on each country’s eco- viable source of food. The Zimbabwe also unusual for people to spay or nomic status, combined with the

76 The State of the Animals III: 2005 cultural and sociopolitical issues law. http://www.koreananimals. unique to each. In regions where Literature Cited org/dogs.htm. animal protection traditionally has ABC Radio Australia News. 2004. Lev, M.A. 2003. SARS rumors not been a concern, such as is typi- Beijing rejects animal welfare doom dogs in China. Chicago cally the case in parts of Africa and laws (19:14:15). May 17. Tribune, May 7. http://www. Asia, there is a long way to go. For http://www.abc.net.au/ra/new homeagainid.com/news/article. the most part, African legislation stories/RANewsStories_110993 cfm?storyid=9197. regarding domestic animals is rare, 1.htm. Trent, N. 2004a. Caribbean animal and when it does exist, it is rarely Abend, L., and G. Fingree. 2004. laws: Overview, what works and enforced. Asian animal protection Abandoned pets find haven. what doesn’t. PowerPoint presen- legislation exists at about the same Christian Science Monitor. June tation, May 23. level as in Africa, though a few 23: http://www.csmonitor.com/ ————. 2004b. No bull: Barcelona more countries do have laws in 2004/0623/p15s02-woeu.html. condemns bullfighting as the place. Challenges to enforcement Appleby, M.C. 2003. Farm disease blood sport loses favor. tend to be cultural rather than eco- crises in the United Kingdom: http://www.hsus.org/ace/21160. nomic. South Africa and the Lessons to be learned. In The ————. 2004c. Russia’s crack- Caribbean, which have the highest State of the Animals II: 2003, ed. down on ketamine smacks of a presence of animal protection of D.J. Salem and A.N. Rowan, more repressive era. http:// regions under review, still have 149–157. Washington, D.C.: www.hsus.org/ace/21425. problems with enforcement. Cen- Humane Society Press. tral and South America and Japan Associated Press. 2004. Austria fall at about the mid-level in regard puts bite on cruelty. The Dallas to animal welfare presence, but Morning News, May 28: 28A. they have demonstrated interest in Collier, P. 2004. Zimbabwe animals improving and enforcing their laws. rescued after farmers flee. Ani- The increased presence of ani- mal News Center (ANC), Janu- mal welfare organizations in all of ary 31. http://www.buzzle.com/ these regions is the first step in editorials/text1-31-2004-50049. raising awareness (Figures 1–4). asp. Human health issues and tourist Epstein, G. 2003. Amid SARS epi- reactions are key drivers in demic, China panics over pets. improvements in animal welfare, in The Baltimore Sun, May 6. passing animal welfare legislature, http://www.animalschina.org/ and in making animal welfare an english/news/2_news_05.htm. important government issue. To Irwin, P.G. 2003. A strategic review achieve model animal protection, of international animal protec- the countries of Latin America, tion. In The state of the animals Africa, and Asia must overcome II: 2003, ed. D.J. Salem and A.N. the political and cultural obstacles Rowan, 1–8. Washington, D.C.: unique to their regions that pre- Humane Society Press. vent animal protection from Kishida, S., and D. Macer. 2003. becoming a priority. Peoples’ views on farm animal welfare in Japan. In Asian bio- ethics in the twenty-first century, Note 1It should be noted that the mere existence of ed. S. Song, Y. Koo, and D.R.J. law does not translate into enforcement of the Macer. Eubios Ethics Institute. law: Japan, a relatively wealthy country, has http://www.biol.tsukuba.ac.jp/ legislation but lacks enforcement, thus its level of animal protection falls well below ~macer/ABC4.htm. those of other countries with similar level of Korean Animal Protection Society. economic development, such as the United 2001. Animal issues: The treat- States, the United Kingdom, and Australia. ment of dogs in Korea. http://www.koreananimals.org/ dogs.htm. ————. 2004. Animal protection law: Korean animal protection

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