Executive Summary

Law 29,228 of 2010 on the Protection of Free and Captive Domestic Fauna is the main piece of animal welfare legislation in Venezuela. It provides a definition of animal welfare and lists various acts which constitute animal cruelty. This law prohibits causing deliberate cruelty to animals, as well as a failure to act in case of animal cruelty. Moreover, it creates a duty of care onto animal owners. This law furthermore bans dog fighting. With regards to wild animals, Law 29,289 of 1970 on the Protection of Wildlife forbids some of the cruellest forms of hunting, such as using poison or explosives.

However, there is room for improvement in many domains related to animal welfare. Notably, Law 39,338 is only applicable to domesticated animals, and it is unclear whether this law applies to captive wild animals. Fur farming is still allowed in Venezuela. Furthermore, the culling of stray animals is authorised in legislation. Overall, there is a lack of species-specific regulations for farm animals, draught animals and animals used in scientific research.

Law 39,338 grants responsibility for animal welfare to municipal authorities. Each municipal authority is entrusted to create a centre for the rescue and recovery of domesticated animals. Law 29,289 on the Protection of Wildlife gives responsibility to the Ministry of People Power for the Environment to implement this specific legislation. Overall responsibility for animal welfare does not seem to have been allocated to one specific Ministry.

The Government of Venezuela is urged to enact a comprehensive animal welfare legislative act that would enshrine animal sentience, and would forbid animal cruelty towards all animals, including wild animals. Further animal welfare provisions will stem from this recognition of animal sentience. In particular, the Government of Venezuela is urged to ban the worst forms of confinement for animals reared in farming, and to mandate humane slaughter for all animal species. In addition, the Government of Venezuela is strongly encouraged to fully ban fur farming, which is inherently cruel and causes pain, distress and suffering to animals. The Government of Venezuela is urged to outlaw the culling of stray animal populations, and to implement spay-and-neuter campaigns as a tool to control stray animal populations. The Government of Venezuela is also strongly encouraged to ban the use of all animals for entertainment, in circuses for instance. Overall, the Government of Venezuela is strongly encouraged to align its current legislation with OIE standards. Responsibility for animal welfare should be allocated to a Ministry, and a specific government body shall enact and assess the implementation of animal protection legislation. Such a government body should include representatives from animal welfare organisations. Further legal and policy recommendations are associated with each Animal Protection Index (API) indicator and contained in the relevant sections of this report.

Executive Summary

Animal welfare in Vietnam is governed by the Law on Animal Health (2015) and the Law on Animal Husbandry (2018). Both laws prohibit the ill-treatment of animals and the Law on Animal Health (2015) mandates a duty of care of animals to owners. Vietnam has legislation providing additional protections for some species or for certain animal welfare issues, such as bear bile farming. Vietnam’s delegated authority to state and local equivalents has allowed cities, such as Hanoi, to ban cruel practices such as the dog meat trade.

Animal welfare legislation in Vietnam is characterised by a prioritisation on human health and consumption. This has resulted in limited protections for animals in the country. Language used in legislation is vague, and animal welfare protections for wild animals are completely absent. Despite some species being totally protected and cruel practices such as bear bile farming being banned, reports suggest these problems are ongoing.  While livestock are protected from ‘ill-treatment’ there are no details as to what ill-treatment constitutes and there are no supplementary guidelines or regulations to govern the care, rearing, transport and slaughter of different species.

In Vietnam, various departments within the Ministry of Agriculture and Rural Development have primary responsibility for matters dealing with animals. For instance, the Vietnam CITES authority deals with wildlife and bears, the Department of Animal Health deals with rabies and animals in farming and the Department of Livestock Production deals with the development of livestock policy. The Ministry of Natural Resources and Environment has some importance in protecting animals, especially rare and endangered species.

Since the API was first published in 2014, Vietnam has introduced two new pieces of legislation to govern animal welfare. The Law on Animal Health (2015) is focused, however, on animal health for the benefit of humans, rather than because animals feel pain and can suffer. Similarly, the Law on Animal Husbandry (2018) focusses on ensuring greater productivity through improved animal husbandry for the benefit of humans.

The Government of Vietnam is strongly urged to amend the Law on Animal Health (2015) and the Law on Animal Husbandry (2018) to ensure that clear and stringent animal welfare protections are included. The Government is also encouraged to align animal welfare under one Ministry with sufficient resources for animal welfare education, promotion of animal welfare and enforcement of the law. The Government is also encouraged to create a separate committee under the said Ministry with ultimate responsibility for animal welfare across Vietnam. The committee should include representatives from different government departments, the Vietnam Zoos Association and animal welfare non-governmental organisations (NGOs). Finally, the Government of Vietnam is encouraged to develop supporting regulations and guidance, by species, on the handling, care, transport, slaughter and euthanasia of farm animals in Vietnam. Further legal and policy recommendations are associated with each Animal Protection Index (API) indicator and contained in the relevant sections of this report.

Executive Summary

Since the API was first published, it is very positive that China has announced a ban on the domestic ivory trade in 2015, which was implemented in 2017. The Law on the Protection of Wildlife has also been amended in 2017. The law further separates captive breeding from natural conservation and slightly tightened regulation on wildlife use. It is encouraging that the Chinese Veterinary Medical Association, under instruction by the Ministry of Agriculture, has drafted General Principles of Animal Welfare. These will be non-binding guidelines on the welfare of various categories of animals, including farm animals, and will include issues such as infrastructure, feeding environment and health. In 2017, these Guidelines were approved by the National Animal Husbandry Standardisation Technical Committee and are now under review by the Ministry of Agriculture. Furthermore, it is positive that humane slaughter is now legally required for pigs and, in the Shandong province, for poultry. Progress has also been made in regulations focusing on companion animals. The Nation’s Rabies Prevention Control Plan (2017-2020) lays out specific requirements for vaccinations, monitoring, epidemic surveys and education against rabies. At the municipal level, cities also enacted companion animal regulations mandating vaccination and microchipping of dogs. In addition, the fact that China has ended animal testing requirements on post-market cosmetics is a step forward eliminating the practice of animal testing on cosmetics. China has already stopped animal testing for domestically produced cosmetics. Legislation relating to animals used in experiments is very progressive by comparison to other categories of animals, since it requires that those involved in laboratory animal work must love and protect animals and shall not disrespect or abuse animals. In early 2020, to combat the spread of Covid-19, the Chinese Government introduced a full ban on the trade of wildlife. Later in addition, the legislation body made a decision (equivalent to a law) to complete ban the hunting, trade, captive-bred and transport of terrestrial wild animals for consumption as well as the eating of captive-bred wild animals. Illegal wildlife trade enforcement and punishment are also escalated to the highest level. Wild animals used for other purposes such as scientific research, medicine and exhibition are required to go under strengthened inspection and quarantine to regulate the trade. Further wildlife trade regulation will be launched and enforced strictly by the State Council and related departments.

The main relevant legislations for animal welfare in China are the Animal Husbandry Law of the People’s Republic of China (amended in 2015), which is only applicable to livestock and poultry production standardisation, and the Law of the People's Republic of China on the Protection of Wildlife which focuses on conserving endangered wildlife species. An overall piece of legislation solely focused on animal welfare protection is still missing. The Husbandry Law contains minimal welfare requirements, mandating that livestock and poultry farms provide suitable conditions for the breeding, survival and growth of the animals. Animal cruelty is not banned by a stand-alone law; rather, animals receive limited protection in terms of being considered a food source, through penalties related to property damage or food poisoning. Moreover, the Wildlife Protection Law allows for the commercial breeding of endangered wildlife, through a permit system. Since the Law focuses on species protection, individual wild animals under state protection may still be consumed and traded for several legally permitted purposes. Many categories of animals in China still lack legal protection, such as stray animals, draught animals and those used for recreational purposes. Furthermore, it is still compulsory for some imported products to be tested on animals before being given licences for sale in China.

Animal welfare is not formally part of the remit of any Ministry in China. However, the Ministry of Agriculture, the National Forestry and Grasslands Administration and the Ministry for Housing and Urban-Rural Development have produced guidelines referring to animal welfare. Assigning responsibility and accountability for animal welfare to a Ministry, and to a dedicated animal welfare unit, would be an essential improvement in the governance scheme of animal welfare.

The Government of China is strongly encouraged to enact the General Principles of Animal Welfare. Moreover, building upon the example of legislation for animals used in research, the Government of China is encouraged to enact a stand-alone animal welfare legislation, recognising animal sentience and laying out detailed welfare requirements for various species of animals, in line with the OIE international standards. The Government is also encouraged to remove the permit system allowing the captive breeding, commercial trade and consumption of wildlife or wildlife-derived products. Further legal and policy recommendations are associated with each indicator and contained in the relevant sections of this report. Further legal and policy recommendations are associated with each Animal Protection Index (API) indicator and contained in the relevant sections of this report.

Taiwan, China has its own animal welfare legislation which has not been assessed as part of the 2020 Animal Protection Index. The assessment and grade in this report refers to mainland China legislation only. 

Executive Summary

Executive Summary

Animal welfare legislation in Switzerland is wide-reaching and detailed. Both the Animal Welfare Act (2005) and the Animal Welfare Ordinance (2020) establish anti-cruelty protections and basic standards of care for all animals. The Animal Welfare Ordinance (2020) is particularly detailed and clearly sets out expectations of behaviour for animal owners and others responsible for the care of animals. The Animal Welfare Act (2005), while not explicitly using the term sentience, not only recognises the physical but also the mental state of an animal. The use of the word ‘dignity’ suggests an intention to ensure all animals protected under the Act enjoy a good quality of life.

However, there are some areas of concern. While many animals are provided with protections beyond basic anti-cruelty, draught animals and particularly stray cat populations are not afforded such extensive provisions. Similarly, while wild animals are protected by the general anti-cruelty prohibitions of the Animal Welfare Act (2005) and Animal Welfare Ordinance (2020), there are limited subsequent protections, for example from cruel hunting methods. While legislation regarding minimum standards of care prevent fur farming, there is no explicit ban on the industry, nor is there an explicit ban on the testing of cosmetics and their ingredients on animals.
 
Responsibility for animal welfare ultimately falls under the Department of Home Affairs with some delegated authority to the Canton-level for enforcement and some supplementary legislation. However, there is no national committee on animal welfare.

Since the 2014 edition of the Animal Protection Index, there have been limited changes to animal welfare legislation in Switzerland. However, the Animal Welfare Ordinance (2020) has been amended to provide improved protections for animals.

The Government of Switzerland is encouraged to create a national multi-stakeholder committee to effectively engage all actors involved in maintaining animals’ well-being to find solutions for welfare concerns. This committee would guide the country’s policies and strategies on animal welfare, in line with international standards. This committee should include representatives of animal welfare organisations. The Government of Switzerland is encouraged to fully align animal welfare legislation with OIE animal welfare standards. The Government of Switzerland is encouraged to ban the import of animal products that have not been produced in accordance with their national legislation. The Government of Switzerland is encouraged to issue an explicit ban on fur farming. Further legal and policy recommendations are associated with each Animal Protection Index (API) indicator and contained in the relevant sections of this report.

Executive Summary

The main animal welfare legislation in Spain, Law 32/2007, was enacted in order to comply with European Union legislative requirements on farm animal protection, and to give a base level of animal protection across the Autonomous Communities and Cities. The Act covers vertebrate animals that are used in production, animals used in scientific research and education, but specifically excludes companion animals, wild animals (including in captivity), bullfighting, hunting and fishing. The Act covers the care of animals throughout their entire life on the farm, during transportation and at the time of slaughter, through incorporation of the relevant European Union Directives and Regulations on this subject, which contain a high level of detail in relation to certain activities and species. Law 31/2003 on the conservation of wildlife in zoos makes provision for the licensing of zoos and facilities keeping wild animals in captivity, inspection processes, conservation measures (including animal welfare issues), record-keeping and enforcement mechanisms. The law was made to incorporate the requirements of European Union Directive 1999/22/EC.

Since the API was first published in 2014, Spain has signed the European Convention on the Protection of Pets, and enacted laws relating to: the protection of animals used in experimentation and other scientific purposes, including teaching (Royal Decree No. 1386/2018 (Modifies Royal Decree No. 53/2013); animal health and protection regulations during transport (Royal Decree No. 542/2016), and the protection of animals at the time of slaughter (Royal Decree No. 37/2014).

Despite incorporating the minimum European Union legislative requirements, there is room for improvement in many areas related to animal welfare. Notably, bullfighting benefits from a cultural exemption to the anti-cruelty legislation. Spain still allows the slaughter of non-stunned animals, as well as the culling of stray animals, although there are some localised bans. The scope of application of Law 32/2007 is very much restricted to animals who are considered to bear an economic value, which creates an obstacle to improving animal welfare overall for all other categories of animals.

No one department or public body in Spain has been given overall responsibility for enforcing and managing animal welfare. However, individual legislation designates different government bodies as responsible for the implementation of each law, with the General State Administration responsible for implementation of Law 32/2007. There is also a Spanish Committee for the Protection of Animals Used for Scientific Purposes, as well as local animal welfare ethics committees monitoring welfare standards during experiments.

The Government of Spain is urged to formally recognise animals as sentient in legislation, given the scientific evidence which has proven that all vertebrates, cephalopods and decapod crustaceans are sentient. Furthermore, the Government of Spain is strongly encouraged to expand the scope of application of Law 32/2007 to all animals, rather than only covering animals who are considered to have an economic value, as it is the case at present. The Government of Spain is urged to ban the confinement of farm animals – for instance, in sow stalls and farrowing crates for pigs, and in cages for egg-laying hens – and the Government is urged to mandate the humane slaughter of all farm animals, with stunning prior to slaughter. The Government of Spain is furthermore urged to ban fur farming, which is inherently cruel, causing pain and distress to animals. The Government of Spain is furthermore urged to remove the cultural exemption that allows bull fighting to continue. Further legal and policy recommendations are associated with each Animal Protection Index (API) indicator and contained in the relevant sections of this report.

Executive Summary

Argentina’s Animal Protection Law 14346, dating back from 1954, prohibits abuse and cruelty to animals. While the law does not explicitly recognise animal sentience, a landmark court ruling in 2016 has granted a writ of habeas corpus to a chimpanzee kept in a zoo, recognising that animals are bearers of rights and therefore should be considered persons under the law. This ruling could be used as a precedent in further court cases. In addition, initiatives at the municipal level are positive for animal welfare. Notably, the autonomous city of Buenos Aires and the province of Mendoza have prohibited euthanasia as a mean of stray animal population control. Over 20 cities, including Buenos Aires, have also banned the use of wild animals in circuses. Regarding wild animals, the Wildlife Conservation Law establishes that the protection of wild fauna is of public interest, and therefore all citizens have a duty to protect it. Since the API was first published, a Bill was proposed by Senator Ordarda prohibiting the sale of new cosmetic products and their ingredients tested on animals. At the time of writing, it is unclear whether this Bill has been adopted.

However, there is room for improvement in many domains related to animal welfare. Notably, Law 14346 does not cover a failure to act in case of animal cruelty and does not define a positive duty of care onto animal owners. Furthermore, Argentina does not ban the worst forms of confinement in animal farming, and still allows for the religious slaughter of animals without prior stunning. There are only basic welfare standards for animals kept in captivity, and Argentina does not ban fur farming. Legislation surrounding the use of animals in research is also far from aligned with international standards, since the Three Rs principles – Replacement, Reduction, Refinement – are not enshrined in legislation.

Animal welfare falls under the responsibility of the National Service of Health and Quality of Agricultural Food (SENASA), an organ of the Ministry of Agriculture and Livestock. In 2004, a National Commission for Animal Welfare was created, which comprises representatives from animal welfare organisations. There are no apparent limits to the issues that this Commission may address, but since its creation in 2004, it appears to have focused only on producing norms relating to the use of animals in farming.

The Government of Argentina is urged to recognise animals as sentient beings in legislation and to improve its anti-cruelty legislation through mandating a duty of care onto animal owners. Regarding farm animals, the Government of Argentina is urged to mandate the humane slaughter of all farm animals, without any exemptions for religious slaughter. The worst forms of confinement in factory farming should also be banned. The Government of Argentina is also strongly encouraged to ban fur farming, which is inherently cruel and causes pain, distress and suffering to animals. The Government of Argentina is encouraged to mandate the humane treatment of stray animals at the national level, as well as to ban the use of animals for cruel forms of entertainment, such as circuses. The use of animals for scientific research should be more tightly regulated, with ethics committees able to weigh the interest of the experiments with animal welfare concerns. Overall, the Government of Argentina is strongly encouraged to align its current legislation with OIE standards. The scope of responsibilities of the National Commission for Animal Welfare should be extended to all animal species. Further legal and policy recommendations are associated with each indicator and contained in the relevant sections of this report.

Executive Summary

The Romanian Law on the Protection of Animals (2014) provides basic protections to animals from many forms of cruelty. As there is no definition of animal in the legislation, it can currently be applied to all animals in Romania. The Law recognises that animals feel pain and can suffer both physically and mentally. Romania has also ratified in their own legislation, many EU regulations providing additional and improved protections for animals. Similarly, Romania is one of 27 countries in the world to have banned the use of wild animals in circuses.

However, there are some limitations to the protections provided to animals under Romanian law. The ban on wild animals in circuses does not extend to dolphins, and there is limited supporting legislation to protect draught and farm animals, for example. Similarly, while all animals appear to be protected under the Law on the Protection of Animals (2014), reports suggest that government-run shelters for stray animals do not observe the law.  Some laws, introduced in order to align with EU standards in other categories, such as the ban on horse-drawn vehicles on public roads, have resulted in animal cruelty.

Animal welfare in Romania falls under the mandate of the National Sanitary Veterinary and Food Safety Authority, which is part of the Ministry of Agriculture, Forests and Rural Development.

Since the 2014 Animal Protection Index, Romania has made limited efforts to improve animal welfare through legislation, and some new legislation for example the proposed bill removing the quota for brown bear hunting has reduced protections. Similarly, laws regulating stray dogs have mandated culling.

The Government of Romania is strongly encouraged to recognise and promote the Five Freedoms for all animals. The Government of Romania is urged to produce detailed legislation specifying the conditions under which wild animals may be kept in captivity. Such regulations should include requirements with regards to housing, feeding, handling and husbandry and should promote the Five Freedoms of all individual animals. In particular, the Freedom to express normal patterns of behaviours should be respected. License to operate a facility keeping wild animals in captivity should be dependent on compliance with such legislation and regulations.  Further legal and policy recommendations are associated with each Animal Protection Index (API) indicator and contained in the relevant sections of this report.

Executive Summary

The Animal Protection Act (2017) is applicable to all vertebrates and provides more specific provisions for several categories of animals including companion animals, farm animals and zoo animals. Poland’s animal protection legislation recognises that animals feel pain and can suffer both physically and mentally, and the legislation provides provisions aimed at preventing actions that could cause them. The Animal Protection Act (2017) also explicitly bans bestiality. Poland is to be commended on the Act on the Protection of Animals used for Scientific or Educational Purposes (2015). The Act not only provides anti-cruelty provisions for animals used in experiments but also enshrines the 3 Rs Principles – Replacement, Reduction, Refinement - in law. The Act also mandates that animals not killed in experiments should be rehomed or rehabilitated for release.

However, hunting is allowed in Poland, both as a population management tool and as a recreational activity. The prohibitions regarding hunting activities, while banning some cruel hunting methods, do not cover some cruel methods such as hunting with dogs. While those undertaking hunting activities are required to undertake a test to gain a hunting permit, the test is created and arranged by the Polish National Hunting Association rather than a government ministry. Similarly, permission to hunt is given by the leaseholder or owner of hunting grounds rather than a government ministry. While the Animal Protection Act (2017) provides protections for many animals, it does not enshrine the Five Freedoms in law. The Government of Poland is yet to ratify the European Convention on the Protection of Pet Animals (1987) and has not followed the example of other EU Member States in issuing national bans on fur farming or the use of wild animals in circuses.

Responsibility for animal welfare falls under the jurisdiction of multiple government ministries including the Ministry of Agriculture and the Ministry for the Environment. Government ministries with animal welfare responsibilities are named in legislation and are mandated to provide supplementary regulations to govern the care of animals.

Since the 2014 edition of the Animal Protection Index, the Government of Poland has amended many pieces of legislation impacting animal welfare, including the Animal Protection Act (2017) and the Nature Conservation Act (2018).

The Government of Poland is urged to create a multi-stakeholder committee to effectively engage all actors involved in maintaining the well-being of animals and to find solutions for welfare concerns. This committee would guide the country’s policies and strategies on animal welfare, in line with international standards. This committee should include representatives of animal welfare organisations. The Government of Poland is encouraged to enshrine and promote the Five Freedoms for all animals. Furthermore, The Government of Poland is strongly encouraged to promote humane stray animal population management, which relies on promoting responsible ownership, mass vaccinations and reproduction control programmes. Culling has been scientifically proven to be ineffective and should therefore be banned.

Further legal and policy recommendations are associated with each Animal Protection Index (API) indicator and contained in the relevant sections of this report.