Executive Summary

Since the API was first published in 2014, Peru has improved with regards to animal welfare, since a new Animal Protection and Welfare Law 30407 has been enacted in 2016. This new legislation is applicable to all domestic and wild animals in captivity. Importantly, Law 30407 recognises all vertebrates as sentient beings. Peru is regarded as progressive in certain areas of animal welfare, for instance through its national ban on the use of wild animals in circuses, as well as numerous prohibitions on mistreating animals. The use of animals for scientific research is also regulated by regional and a National Ethics Committee for Animal Welfare.

However, there is room for improvement in many domains related to animal welfare. Former legislation related to animal protection, Law 27265, provided more precise animal welfare provisions with regards to the transport and slaughter of farm animals, which have not been transposed in Law 20407. Moreover, inhumane practices such as bullfighting, cockfighting and other activities deemed culturally important are exempt from anti-cruelty provisions. Stray animals, working animals and wild animals also lack protection in Peru, especially since cruel hunting methods, such as falconry, are still authorised.

The Ministry of Agriculture and Irrigation, acting as the governing body for Law 30407, is expected to coordinate with other relevant Ministries to enact complementary regulations to Law 30407. However, no evidence of such supplementary measures was found, which limits the ability to monitor progress on animal welfare in the country.

The Government of Peru is encouraged to define animals as sentient beings in its Civil Code, following the phrasing of Law 30407. With regards to farm animals, the Government of Peru is urged to mandate humane slaughter, which notably requires unconsciousness prior to slaughter, for all animals. Law 30407 authorises the keeping of wild animals as companion animals: instead, the Government of Peru is encouraged to adopt a positive list of species, indicating which animals can be kept as companion animals, based on clear criteria including animal welfare. The Government of Peru is also urged to remove the exemptions of animal cruelty for activities deemed of cultural importance, such as bullfighting and cockfighting. The Government is highly encouraged to develop detailed legal provisions to implement welfare standards for animals used in testing, which would therefore bring Peru closer to international standards. It is recommended that the scope of application of Law 30407 is extended to include all wild animals. 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 legislations in South Africa are the Animal Protection Act No. 71 of 1962, which prohibits animal cruelty on all domestic and wild animals in captivity or under the control of humans; and the Performing Animals Act 1935, amended in 2016, which requires establishments training animals for exhibitions or performance, or training guard dogs, to be licensed. Furthermore, the South African Bureau of Standards (SABS), in cooperation with the National Council of SPCAs (NSPCA), have enacted a series of animal welfare Standards, which provide further details in relation to certain species of animals.

However, there is room for improvement in many areas related to animal welfare. Notably, the Standards produced by the SABS are not readily available to the public, because they must be purchased. This lack of accessibility is a serious obstacle to maintaining and improving adequate animal welfare in the country. Other industry bodies, such as the Livestock Welfare Coordinating Committee, have developed their own Codes of Welfare, however, these are voluntary and non-binding. The self-regulation of industries using animals in South Africa is also an obstacle to progress animal welfare. The confinement of farm animals, including farrowing crates for sows and cages for broiler chickens and egg-laying hens, is allowed in the country. Furthermore, game farming is legal in South Africa. In May 2019, 33 wild species were added to the list of species which can be farmed, including lions, cheetahs, giraffes, rhinos and zebras. Canned hunting is also widely practiced, although the Government has expressed its disapproval of the practice. Cruel practices such as fur farming, and the use of animals for entertainment, are still allowed. Furthermore, there is a lack of legislation protecting stray animals. With regards to wild animals, South Africa lifted the 2009 moratorium on the rhinoceros horn trade within the country’s borders in April 2017, which poses the risk of fuelling international demand for rhino horn. Smuggling of rhino horns outside South Africa may also increase following the legalisation of the domestic trade.

Responsibility for enforcing the Animal Protection Act No.71 of 1962 and the Performing Animals Protection Act 1935, amended in 2016, is given to the Department of Agriculture, Forestry and Fisheries (DAFF) since 1997, which has been renamed the Department of Agriculture, Rural Development and Land Reform in 2019. The Department of Environment, Forestry and Fisheries – previously, the Department for Environmental Affairs and Tourism – is in charge of implementing the National Environmental Management: Biodiversity Act 2004. In its current Strategic Plan 2015/16 to 2019/20, the Department of Agriculture, Forestry and Fisheries mentions the Animal Welfare Bill; however, no detail is given as to what new provisions this Bill will contain. DAFF explicitly states that one of its aims is to ‘develop a single Animal Welfare Act in line with relevant section of the Constitution, as well as international animal welfare standards’. Since the API was first published in 2014, this Animal Welfare and Protection Bill does not seem to have progressed.

The Government of South Africa is urged to ban the worst forms of confinement for animals reared in farming and to mandate humane slaughter for all livestock animal species. In addition, the Government of South Africa is strongly encouraged to fully ban fur farming, which is inherently cruel and causes pain, distress and suffering to animals. Captive breeding of wild animals should only be allowed in registered zoological facilities, only when it serves conservation purposes and abides by strict welfare conditions. Efforts should be made to release animals into their natural habitat. As such, the Government of South Africa is urged to ban all forms of trophy hunting, including canned hunting. The Government of South Africa 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 South Africa is strongly encouraged to ban the use of all animals for entertainment which causes animal suffering. Overall, the Government of South Africa 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 should 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

New Zealand’s main animal welfare legislation is the Animal Welfare Act 1999. Since the API was first published in 2014, the long title of the Act has been amended to recognise animal sentience for vertebrates, as well as some cephalopods and decapod crustaceans. 19 Codes of Welfare expand the basic obligations laid out in the Animal Welfare Act by setting minimum standards, as well as recommended best practices. To remedy the fact that the Codes are not directly enforceable, changes were made to the Act in 2015 to provide for the making of regulations which could be enforced. The Animal Welfare (Care and Procedures) Regulations were promulgated in 2018, outlining detailed and species-specific anti-cruelty requirements. These 2018 Regulations allow for better enforcement of low to medium animal welfare offending. These 2018 Regulations marginally improved pig welfare, notably by prohibiting sow stalls for longer than seven days per reproductive cycle and by mandating anaesthesia to be used during piglet castration. New Regulations enacted in 2016 continue the prohibition on the export of cattle, sheep, deer and goats (livestock) for slaughter unless approved by the Director-General of MPI, which in practice has dramatically reduced the live export of animals from New Zealand. Furthermore, the 2015 amendments to the Animal Welfare Act 1999 have banned the use of animal testing for cosmetic products and their ingredients.

However, there remains room for improvement in many domains related to animal welfare. Notably, the Codes of Welfare are not legally binding in themselves: breaches of minimum standards laid out in the Codes can only be used as evidence to support prosecution of animal welfare crimes. Moreover, the Codes undermine the purposes and principles of the Animal Welfare Act, by providing defences to conduct contrary to the Act. In addition, the fact that animal welfare falls within the remit of the Ministry for Primary Industries (MPI) indicates that economics is likely to be prioritised over animal welfare. Indeed, the MPI is primarily concerned with promoting and increasing exports, which conflicts with its animal welfare responsibilities. The New Zealand Society for the Prevention of Cruelty to Animals (RNZSPCA) is also entrusted with enforcing animal welfare. However, as an NGO, it has to fundraise to survive and hence it lacks extensive resources to carry out animal cruelty prosecutions, which ultimately leaves the vast majority of animal cruelty and neglect unreported. Regarding farm animals, broiler chickens are left out of the 2018 Regulations; it is still legal to keep hens in cages and to slaughter poultry without prior stunning. Confining pigs to farrowing crates is still legal. Other cruel practices are still allowed such as fur farming, the use of animals for entertainment – circuses, rodeos or greyhound racing, among others.

Animal welfare falls within the responsibility of the Ministry for Primary Industries (MPI), with the help of two other agencies at the national level. The National Animal Welfare Advisory Committee (NAWAC) has been established as an independent body to advise the Minister and is entrusted with preparing detailed rules on the treatment of animals. Furthermore, the National Animal Ethics Committee advises the MPI on issues relating to the use of animals in research, testing and teaching.  NAWAC has repeatedly said its work is limited by lack of funding. It has made very slow progress on producing regulations and has a very limited work programme each year due to its lack of adequate resources. MPI’s monitoring of farms is similarly restricted by its lack of funding. In November 2019, one of the worst-known mass animal deaths in New Zealand history took place when 200,000 caged chickens died at a poultry farm after there was a power cut and a back-up system failed. MPI apparently was not aware of the catastrophe until notified by the media.

The Government of New Zealand is urged to outlaw cruel practices still occurring to animals in New Zealand. Namely, the Government of New Zealand is strongly encouraged to ban all piglet mutilations conducted without anaesthesia, and to outlaw farrowing crates altogether. Furthermore, the live export of animals should be fully banned due to the cruel conditions experienced by the animals during the transport process and the often inhumane slaughter of the animals at their destination. The live animal trade should be replaced by a meat only trade. The Government of New Zealand is urged to fully ban fur farming. Fur farming is inherently cruel and causes pain, distress and suffering to animals. Moreover, New Zealand is highly encouraged to ban the use of animals for entertainment purposes, which includes circuses, rodeos and greyhound racing. The Government of New Zealand is also encouraged to strengthen the current ban on animal testing for cosmetic, so as to include all cosmetic ingredients – at present, only ingredients which are only used for cosmetic products are forbidden to be tested on animals. In addition, the Government of New Zealand is strongly encouraged to appoint a Minister and Commissioner for Animal Welfare, and to allocate consistent funding for proper monitoring and enforcement of animal welfare standards. 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

While Nigeria does not have stand-alone legislation regarding animal welfare, the Nigeria Criminal Code does include many prohibitions regarding animal cruelty, and the wording suggests some acknowledgment that animals can suffer both physically and mentally. Nigeria produced the Nigerian Animal Welfare Strategy in 2016 and this document is forming the basis of revisions to legislation. Similarly, the Criminal Code (1990) provides specific protections for some categories of animals, such as those used for draught purposes for whom it is prohibited to overload or overwork, and a national ban on animal fights. The Animal Disease (Control) Act (2004) provides some additional protections for farm animals including limiting stocking density during transportation to ensure adequate ventilation.

However, it is concerning that there is no singular act to prevent animal cruelty or to promote animal welfare in Nigerian legislation. Particularly wild animals – both in the wild and in captivity – and animals used in scientific experimentation are vulnerable to abuse due to a lack of legislation. While the National Institute of Animal Science has a mandate to ensure a high quality of meat is produced, there is no reflection on the importance of animal welfare in producing high quality meat. Also of concern, is the existence of the dog meat trade in some parts of Nigeria which is a risk to both animal and human health given the prevalence of rabies in the country.

Responsibility for animal welfare is assigned to the Department of Veterinary and Pest Control Services, Federal Ministry of Agriculture and Rural Development. The Ministry also has a national OIE focal point for Animal welfare who is the Head of the Animal Welfare Branch and handles animal welfare issues under the supervision of the Chief Veterinary Officer of Nigeria who is the OIE delegate on Animal Health and Animal welfare.

Since the 2014 edition of the Animal Protection Index, the Government of Nigeria has made some progress in improving animal welfare in the country through the development of the Nigerian Animal Welfare Strategy (2016) and revising of existing legislation, however many of these changes are yet to be enacted.

The Government of Nigeria is encouraged to introduce an independent Animal Welfare Act that includes a definition of animal welfare, in line with the OIE and explicitly promoting the Five Freedoms. The Government of Nigeria is also urged to enact legislation detailing specific welfare requirements for the rearing of farm animals during the phases of rearing, transport and slaughter. Such requirements should be legally binding and species-specific. Regular inspections onto farms and slaughter establishments should be carried out with a special focus on animal welfare. 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 Netherlands is a leading country with regards to animal welfare in Europe. The 2011 Animals Act is the main piece of legislation in the country for animal welfare. This Act, applicable to kept animals, with some general articles applicable to all animals, formally recognises animal sentience and the ‘intrinsic value’ of animals. Since the API was first published in 2014, the Wild Fauna and Flora act has been replaced by the Nature Protection Act 2017, whose Explanatory Memorandum reiterates the intrinsic value of wild animals. The Netherlands is progressive in certain areas of animal welfare. Notably, fur farming is being phased out by 2024. The Netherlands is the third EU Member State after Belgium and Luxemburg to adopt a Positive List, explicitly stating which animals can be kept as companion animals, though this List is still in the making – for mammals – and has currently not been enshrined in legislation yet. In addition, the country goes beyond EU requirements in some aspects for certain farm animals: the Netherlands has banned enriched cages for egg-laying hens, and legislation limits the use of gestation stalls to maximum four days for sows.

However, there is still room for improvement in many animal welfare areas. Notably, the Netherlands only bans the use of wild terrestrial mammals for entertainment: marine mammals and birds of prey can still be used for recreational purposes. Furthermore, the Netherlands allows to increase the stocking density for broiler chickens from 33kg/m2 – the EU standard – to max. 42 kg/m2, in conformity with the derogation provisions of the EU, thus creating even more crowded conditions for the animals. Moreover, notable welfare problems are persistent, including the routine tail-docking of piglets often without anaesthesia and the stunning of pigs by CO₂.

Animal welfare mainly falls under the remit of the Ministry of Agriculture, Nature and Food Quality. The Council on Animal Affairs (RDA) is an advisory body dealing with animal welfare concerns in the Netherlands. The membership of the Council is diverse and includes animal welfare organisations such as the Humane Society International, which reflects that the Government engages with various stakeholders on animal welfare issues.

The Government of the Netherlands is strongly encouraged to improve the welfare of farm animals through forbidding the stunning of pigs by high doses of CO₂, banning all types of cages and outlawing the current derogations on the basis of EU legislation to increase the stocking densities of broiler chickens. With regards to wild animals in captivity, the Government of the Netherlands is urged to ban all performances by wild animals, including for marine mammals. The Government of the Netherlands is furthermore urged to outlaw the culling of stray cats, which occurs in some provinces. For wild animals, at the very least the Government of the Netherlands is encouraged to outlaw the use of the cruellest forms of hunting. 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 Niger is the Framework Law relating to Animal Husbandry No. 2004-048. This legislation prohibits the mistreatment of domestic animals and refers to the psychological wellbeing of animals. Decree 98-925 governs the functioning of zoos, which can only operate with a licence. Law 98-07 governs the hunting regime and forbids some of the cruellest forms of hunting, such as hunting using poison or explosives. Since the API was first published in 2014, no major change in Niger’s animal welfare legislation has been found.

However, there is room for improvement in many domains related to animal welfare. The country’s legislation does not explicitly recognise animal sentience. There is no comprehensive duty of care from animal owners onto their animal, as Law No. 2004-048 only provides basic anti-cruelty provisions. Furthermore, such anti-cruelty provisions are only applicable to domestic animals. There is a lack of legislation surrounding the rearing of various farm animal species. Cruel practices, such as the commercial captive breeding of wild animals and the production of fur are allowed. Furthermore, stray animals can be lawfully culled. There is also a lack of detailed, species-specific legislation with regards to the treatment of wild animals in captivity and animals used for scientific research.

Existing animal protection laws form part of the Rural Code that is monitored and overseen by the National Committee on the Rural Code. However, Law No. 2004-048 does not attribute overall responsibility for animal welfare to a single Ministry or government entity; there is only a reference to the Ministry in charge of animal husbandry.

The Government of Niger is urged to enshrine animal sentience in existing animal protection legislation, define animal welfare in line with the OIE standards, and fully prohibit animal cruelty for all categories of animals recognised as sentient. Further animal welfare provisions will stem from this recognition of sentience. In particular, the Government of Niger is urged to ban the worst forms of confinement for animals reared in farming, and to mandate humane slaughter for all livestock animal species. In addition, the Government of Niger is strongly encouraged to fully ban fur farming, which is inherently cruel and causes pain, distress and suffering to animals. The Government of Niger 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 Niger is also strongly encouraged to ban the use of all animals for entertainment, in circuses for instance. Overall, the Government of Niger is strongly encouraged to align its current legislation with OIE animal welfare standards. Responsibility for animal welfare should be allocated to a Ministry, and a specific government body should 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

The Animal Health and Development Law 1993 is the main piece of legislation dealing with animal welfare in Myanmar. The law provides basic protections for some animals including protection from deliberate harm, such as withholding food and water, but it lacks a recognition of animal sentience and is applicable only to domesticated animals bred by humans. While the Protection of Wildlife and Conservation of Natural Areas Law 1994 applies some protections to wildlife, the fact that wild animals are not within the scope of the Animal Health and Development Law is concerning. There are some protections for livestock and draught animals, however, these do not cover their rearing, their transport or their slaughter, nor provide species-specific standards. Overall, there is a lack of animal welfare legislation in Myanmar.

The Ministry for Agriculture, Livestock and Irrigation holds overall responsibility under the Animal Health and Development Law, but Myanmar lacks a body or department dedicated to animal welfare. While Myanmar recognises in some ways the connection between animal and human health, the country’s legislation is limited in applying protections for animal welfare.

Since the API was first published in 2014, Myanmar has not substantially improved animal welfare through legislation. Myanmar has made great strides in its plan for developing a “green” agenda and strives to develop sustainably. While these policies and strategies are likely to positively impact species conservation and livestock animals, generally they have not translated into explicit improvements for animal welfare. While the Government has partnered with both the OIE and NGOs for improvements in animal health and a “green” development plan, they are yet to entrench OIE standards into their animal welfare law.

The Government of Myanmar is urged to develop and legislate animal welfare protections for livestock from rearing to transport to slaughter. Similarly, the Government of Myanmar is encouraged to ban completely the culling of stray animal populations and engage with organisations such as the United Against Rabies Collaboration to protect both animals and its human population from rabies.  The Government of Myanmar is encouraged to strengthen and expand its current animal welfare protections into a comprehensive Act that would enshrine animal sentience, define animal welfare in accordance with OIE standards and prohibit animal cruelty in a more encompassing manner. This includes the creation of a specific government body dedicated to animal welfare that 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.

The German Constitution includes the protection of animals as a state goal. The overarching federal animal welfare legislation in Germany, the Animal Protection Act (TierSchG), protects the lives and well-being of animals, defines the responsibility of humans for animals as ‘fellow creatures’, and states that no person may cause an animal pain, suffering or harm without ‘reasonable reason’ – although this term is not defined in legislation. It is especially positive that some sections of the Animal Protection Act are explicitly applicable to cephalopods, decapod crustaceans and other invertebrates. The protection of animals kept for farming purposes is achieved through: the Regulation on the Protection of Farm Animals (TierSchNutztV: which implements Council Directive 98/58/EC); the Regulation on the Protection of Animals at Slaughter or Killing (TierSchlV: which implements Council Directive EC No 1099/2009); and the Regulation for the Protection of Animals During Transport (TierSchTrV: which implements Council Directive EC 1/2005). The requirements for keeping animals in zoos and the private keeping of wild animals is achieved through the Federal Nature Conservation Act (BNatSchG), which provides specific details on the licencing of premises and the conditions in which animals must be kept (in accordance with their species-specific biological and conservation requirements). The protection of animals used for scientific purposes is achieved through the Animal Welfare: Laboratory Animal Regulation (TierSchVersV: which implements Directive 2010/63/EU). Additionally, Germany signed the European Convention on the Protection of Pets on 21 June 1988.

Despite implementing and, in some cases exceeding, the minimum European Union legislative requirements, there is room for improvement in some areas related to animal welfare. Animal sentience is not formally enshrined within the German Animal Protection Act. Additionally, the Federal Nature Conservation Act (BNatSchG) does not define ‘animal’, so it is unclear whether its provisions extend to wild animals. Furthermore, fur farming has only been banned in certain regions but not at the federal level.

Since the API was first published in 2014, Germany has updated and amended the Animal Protection Act (TierSchG: revised 2019), the Regulation on the Protection of Farm Animals (TierSchNutztV: revised 2017), the Regulation for the Protection of Animals During Transport (TierSchTrV: revised 2015), and the Animal Welfare: Laboratory Animal Regulation (TierSchVersV: updated 2015).

The Ministry of Food and Agriculture is given powers under the Animal Protection Act (TierSchG) to make secondary regulations on a wide variety of issues affecting animal welfare. The Ministry appoints an Animal Welfare Commission to assist it in animal welfare issues and must consult this Commission when making new regulations under the Act. It is positive that the Commission includes experts from animal welfare associations. The Nature Conservation Act (BNatSchG) allocates responsibility to the Federal Agency for Nature Conservation and to Federal competent authorities, depending on the issue in question.

The Government of Germany 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 Germany is strongly encouraged to expand the scope of application of its Animal Protection Act (TierSchG) to all animals. The Government of Germany 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 Germany is furthermore urged to ban fur farming at the federal level, which is inherently cruel, causing pain and distress to animals. 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