Executive Summary

Animal protection in Morocco is provided through the Criminal Code which prohibits the killing of pets and the poisoning of farm and working animals. Wildlife is also provided some protections through the law on the Protection of Wild Flora and Fauna Species and Regulating Trade (2011). This law stipulates that the hunting, killing and capture of species protected under CITES, or are considered endangered at a national level is completely banned.

Animal welfare legislation is extremely limited in Morocco. While provisions have been provided in some cases regarding animal health, these provisions do not extend to improve animal welfare. Similarly, while there are some protections provided for certain categories of animals under the Criminal Code, this provision originates from the perspective of protecting property rather than an animal welfare perspective. There are currently no protections, secondary legislation or regulations to protect animals such as wild animals in captivity and in the wild, farm animals or animals used in scientific research. A draft bill on improved animal welfare was promulgated in 2013, however, this has yet to be passed by the Moroccan Government.

While the responsibility for animal health is assigned to the Ministry of Agriculture and Fisheries and the Authority for Water and Forests is responsible for enforcing wildlife related legislation, no Government body has been assigned responsibility for animal welfare.

Since the previous edition of the API in 2014, the Government of Morocco has made no major changes to animal welfare related policies and legislation. However, in November 2019, the Government announced a new national scheme to trap-neuter-release and mass vaccinate the roaming dog population.

The Government of Morocco is encouraged to introduce an independent Animal Welfare Act that includes a definition of animal welfare, in line with the OIE, and that explicitly promotes the Five Freedoms. The Government of Morocco is encouraged to assign responsibility for animal welfare to a Government Ministry and to establish an Animal Welfare Committee to advise the Government on policy and animal welfare solutions. The Animal Welfare Committee should include representatives from animal welfare organisations. The Government of Morocco is 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

Animal welfare legislation in Mexico includes the Federal Animal Health Act (2007), General Wildlife Law (2000), and the Official Mexican Standards at Federal level and general animal welfare legislation at State level. The Federal Animal Health Act (2007) provides a good basis for all other animal welfare legislation by mandating the Five Freedoms be respected for all animals. Similarly, the General Wildlife Law (2000) is clear in providing welfare provisions for wild animals. Nearly all Mexican states have separate animal welfare legislation, meaning that almost all animals in Mexico are provided some level of protection. State animal welfare legislation, particularly in relation to responsible pet ownership should be praised, as should the general anti-cruelty provisions that prohibit such acts as cosmetic mutilation and bestiality.

Animal welfare legislation in Mexico has some limitations. Federal standards, while including some welfare provisions, are aimed at ensuring animal health rather than animal welfare. One example is that standards for space requirements on a species-specific basis are not mandated at the Federal level. State animal welfare legislation is inconsistent, with some states providing more protections for some categories of animals than others. Similarly, while all states prohibit animal fights; there are some exemptions; only two states (Jalisco and Coahuila) prohibit bullfighting, and cockfighting is permitted in all states.

While the Ministry of Health; in conjunction with the Secretariat of Agriculture, Livestock, Rural Development, Fisheries and Food; is responsible for implementation of the Federal Animal Health Act (2007), and the Ministry of Environment and Natural Resources is responsible for the implementation of the General Wildlife Law (2000), there is no Government Ministry assigned overall responsibility for animal welfare. At a state level, responsibility for different aspects of animal welfare are assigned to the appropriate department; for example, the Department of Health may be responsible for provisions regarding rabies, while the Department for Education may be responsible for promoting and disseminating humane education.

Given the extensive body of scientific evidence proving that animals are sentient, the Federal Government of Mexico is urged to follow the example of the Federal District and of Michoacán de Ocampo and recognise that all animals for whom there is scientific evidence – at a minimum, all vertebrates, cephalopods and decapods crustaceans – are sentient beings and to enshrine this principle into legislation at a Federal level. Recognising animals as sentient will underpin further animal welfare considerations. The Federal Government of Mexico is strongly encouraged to extend current prohibitions on the use of animals for entertainment purposes. Such a prohibition should cover rodeos, animal races, all animal fights including bullfighting and cockfighting, rides on wild animals and all other forms of entertainment. The Federal Government of Mexico is encouraged to create a national multi-stakeholder committee in order 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. 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 source of animal welfare legislation in Kenya is the Prevention of Cruelty to Animals Act 1962, revised in 2012, which applies to all vertebrates. Rodeos and animal fights are prohibited. The Act also prohibits placement of traps and snares that cause unnecessary suffering to an animal and failing to check on a trapped animal. Remarkably, the Wildlife Conservation and Management Act 2013 forbids recreational hunting, which includes trophy hunting (Eighth Schedule, 10).

However, there is room for improvement in many domains related to animal welfare. In particular, the Prevention of Cruelty to Animals Act allows for the slaughter of animals without stunning in certain circumstances. The Rabies Act 1967 previously authorised the culling of stray dogs. In 2019, the Control of Stray Dogs Act replaced the Rabies Act, yet this new law still authorises the euthanasia of stray animals considered dangerous, or whose owners are unknown or are unwilling to remove the animal.

Since the API was first published in 2014, an Animal Welfare and Protection Bill 2019 was drafted. If passed, this Bill will greatly improve the lives of animals. Notably, this Bill explicitly recognises all animals – not only vertebrates – as sentient beings. Moreover, it mandates the stunning of animals before slaughter and requires all animals used for experiments to be under the influence of anaesthetics. Therefore, the Government of Kenya is highly encouraged to adopt this Bill. In addition, the Kenya Veterinary Policy was updated in 2015 and a new Draft Livestock Policy exists since 2019, in both of which the protection of animal welfare has been specifically recognised.

In Kenya, the national government is responsible for the protection of wild animals in conservation areas while the county governments are mandated to ensure the welfare of domestic animals including livestock and companion animals. The Department of Veterinary Services, a sub-department of the Ministry of Agriculture, Livestock and Fisheries, is responsible for animal welfare. The Department aims to prevent and control animal diseases to safeguard human health, improve animal welfare, increase livestock productivity and facilitate domestic and international trade. The Kenya Wildlife Service is responsible for wildlife conservation. If passed, the Animal Welfare and Protection Bill 2019 will establish the creation of a County Animal Welfare Unit in each County Government. Where established, such units would be required to monitor and report on animal welfare matters and would include members from animal welfare non-governmental organisations.

The Government of Kenya is strongly encouraged to adopt as soon as possible the Animal Welfare and Protection Bill 2019, which recognises all animals as sentient. Furthermore, the Government of Kenya is urged to ban the current culling practices of stray animals, to rather implement humane stray animal populations programmes. Additionally, the Government of Kenya is strongly encouraged to implement a comprehensive ban for all animals to perform publicly, whether trained or untrained. Current Kenyan legislation would also benefit from outlining species-specific welfare standards with regards to farm animals and wild animals in captivity. 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 it first introduced the Animal Protection Act (2017), Korea has been proactive in continuing improvements to the law, ensuring that animal welfare is protected in the country. The Act enshrines the Five Freedoms, places a duty of care towards animals on owners, local authorities and the general Korean population. There is a recognition across animal-related legislation that animals feel pain and can suffer, and it is mandated that steps be taken to prevent any unnecessary pain and suffering. Some jurisdictions in the country, for example Seoul, should be commended on their commitment to animal welfare with their local schemes to reduce stray animal populations and to end the trade in dog meat.

While the Animal Protection Act (2017) has continued to improve, its application can still be unclear due to contradicting definitions of animals in other legislation. This is a common theme across animal-related legislation in Korea. For example, the Livestock Products Sanitary Control Act (2016) and the Livestock Industry Act (2017) include different species in their definition of “livestock.” Similarly, it is unclear how the protections enshrined in the Animal Protection Act (2017), such as the Five Freedoms, are applied in relation to farm animals. Reports suggest that battery cages are widely used for chickens, and that small cage sizes result in an inability for chickens to achieve several of the Five Freedoms stipulated by law.
 
The Animal Protection Act (2017) established an animal welfare committee, under the Ministry of Agriculture, which is required to develop and implement a national animal welfare plan every five years. However, legislation for wildlife and marine animals, assigns responsibility for their care to the Ministry of Environment. Similarly, while the Animal Protection Act (2017) mandates treatment for animals in testing, the responsibility for their care is assigned to the Ministry for Food and Drug Safety.
 
Since 2014 and the previous iteration of the Animal Protection Index, the Government of Korea has made amendments to many pieces of legislation that impact animal welfare. This suggests a strong political will to ensure high animal welfare standards in the country.

The Government of Korea is recommended to align all animal welfare matters under one government ministry with the human and financial resources for research, policy development, public education and enforcement. Further legal and policy recommendations are associated with each Animal Protection Indicator (API) indicator and contained in the relevant sections of this report.

Executive Summary

The Act on Welfare and Management of Animals (1973) forms the basis of animal welfare protections in Japan. The Act includes enforcement mechanisms and recognises that animals feel pain and distress. The Act on Welfare and Management of Animals (1973) is also very clear in its expectations of animal owners and organisations to care for animals their entire lives. The Act is reviewed every five years allowing for regular amendments to improve animal welfare across the country.

While animal welfare legislation exists, it is vague and limited in the protections it provides animals. Similarly, supplementary standards are not mandatory and not aligned with current OIE animal welfare standards. There are no animal welfare protections provided for wild animals in any of the applicable laws. It is also concerning that there is no further guidance, beyond the Act on Welfare and Management of Animals applicable to animals in captive environments such as zoos. Inherently cruel activities also continue to take place in Japan, for example dog fighting and the internationally condemned Taiji Cove dolphin hunt. Similarly, the keeping of exotic pets is also popular in Japan, and there are currently few restrictions on their keeping.  

Animal welfare in Japan is generally governed by the Ministry of Environment, with some policies regarding animal health being produced by the Ministry of Agriculture, Forestry and Fisheries.

Since the 2014 iteration of the Animal Protection Index, Japan has not introduced new animal welfare protections. There is at least one new bill; aimed at reducing stray dog and cat populations; passed by the Japanese Parliament in 2019. However, as the Act on Welfare and Management of Animals (1973) is currently under review, new bills increasing animal welfare provisions, will not come into force until after the passing of any amendments to the Act on welfare and management.

The Government of Japan is strongly urged to align all animal welfare under one ministry and to create an animal welfare committee whose purpose is to produce guidelines, enforce legislation and educate the public on animal welfare. The committee should include representatives from multiple government ministries, animal welfare organisations and experts and the national zoos and aquariums associations. The Government is encouraged to introduce mandatory guidelines, aligned with OIE animal welfare standards, to govern the rearing, transport and slaughter of farm animals, working conditions for draught animals, animals in captivity and dog and cat population management. 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 Italy, Legislative Decree No. 189/2004, prohibits the mistreatment of animals, as well as their use in illegal fighting or unauthorised competitions. Together with the Criminal Code, the Decree defines a range of possible punishments for breaches, which includes fines and imprisonment. The protection of animals kept for farming purposes is achieved through Legislative Decree No. 146/2001 which implements the European Union (EU) Council Directive 98/58/EC. The requirements for keeping animals in zoos, including ensuring the well-being of animals, providing sufficient space for and environmental enrichment, as well as avoiding stress, is achieved through Legislative Decree No. 73/2005 which implements Council Directive 1999/22/EC. The protection of animals used for scientific purposes is achieved through Legislative Decree No. 26/2014, which implements Directive 2010/63/EU. Additionally, Italy signed the European Convention on the Protection of Pets on 13 November 1987.

Despite incorporating the minimum European Union legislative requirements, there is room for improvement in many domains related to animal welfare. Notably, neither the Criminal Code nor Legislative Decree No. 189/2004 define ‘animal’, so it is not clear whether their provisions extend to all animals, including invertebrates. Animals are not recognised as sentient in legislation. In addition, the Criminal Code contains a cultural exemption, which allows for cruel events to continue on the ground of traditions, such as the Palio di Siena horse race. Italy furthermore allows the exploitation of animals for fur farming.

Since the API was first published in 2014, Italy has enacted Legislative Decree No. 26/2014 implementing Directive 2010/63/EU on the protection of animals used for scientific purposes, which covers some invertebrates. On 8 November 2017, the Assembly of the Italian Parliament voted to phase out all animals in circuses and travelling shows. This remarkable decision is yet to be enforced, since the new legislation to phase out all animals in circuses has not yet been set out by a Ministerial Decree.

The Ministry of Health is responsible for animal welfare in Italy. Each province has an official appointed to the Office of Animal Rights (Ufficio Diritti Animali). This role is primarily concerned with reducing the numbers of abandoned companion animals and addressing stray animal issues. Animal welfare measures are implemented through the National Plan on Animal Welfare, which focuses on farm animal welfare. The Plan exists to comply with the provisions of national and EU regulations and stipulates the competent authorities at local, regional and national levels. However, this Plan does not appear to have been updated since 2014.

The Government of Italy 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 Italy is strongly encouraged to expand the scope of application of Legislative Decree No. 189/2004 to all animals. The Government of Italy 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 Italy is furthermore urged to ban fur farming, which is inherently cruel, causing pain and distress to animals. The Government of Italy is furthermore urged to remove the cultural exemption from the Criminal Code, which allows cruel practices to continue such as the Palio. 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

Executive Summary

France does not have an overall legislative act dedicated to animal welfare, rather, animal protection provisions are laid out in the Penal Code, the Rural and Maritime Fishing Code, as well as secondary legislation in the form of Decrees. Animal cruelty including acts of ill-treatment and acts of negligence is prohibited. Furthermore, the abandonment of companion animals is prohibited. There is also a duty of care onto companion animal owners and breeders, set out in Decree of 25 October 1982. Various other Decrees transpose EU legislation within French legislation.

Since the API was first published in 2014, the Civil Code was amended in 2015 to recognise that animals are sentient beings, as formerly they were considered to be ‘moveable or immoveable assets’. This definition, however, remains limited as it only applies to vertebrates, and does not encompass wild animals nor ownerless domesticated animals. Furthermore, animals remain subject to the regime of goods.

France’s main agriculture and food law, Law No. 2018-938 passed on 30 October 2018 entitled ‘loi pour l’équilibre des relations commerciales dans le secteur agricole et alimentaire et une alimentation saine, durable et accessible à tous (EGalim)’, includes several measures relating to animal welfare. Among others, the legislation extends the offence for animal abuse in rearing to transport and slaughter activities, and it doubles the sentence for animal abuse from six months imprisonment and a €7,500 fine to one-year imprisonment and a €15,000 fine.

However, there is room for improvement in many areas related to animal welfare. In particular, bullfighting and cockfighting are exempted from the basic anti-cruelty provisions laid out in Article 521-1 of the Penal Code. The use of animals for entertainment, such as in circuses and in marine mammal shows, is largely authorised in France, although there was an attempt to ban the breeding of dophins in captivity that passed in May 2017, before being repealed in January 2018. Furthermore, France still allows fur farming and the force-feeding of geese and ducks for foie gras production. Decree No. 85-956 also allows the culling of dogs ‘suspected’ of having rabies. With regards to wild animals, it is regrettable that current President Emmanuel Macron has reduced the price of hunting permits and has increased the list of species allowed to be hunted, as well as the quotas for each of these species.

The Ministry of Agriculture and Food is responsible for the protection of most animals. The Ministry of Ecological and Solidarity Transition – which is in practice the Ministry of the Environment – is responsible for issues concerning free-roaming wild animals and collaborates with the Ministry of Agriculture and Food on issues concerning captive wild animals. The issue of animal experimentation is covered by several Ministries, the Ministry of Agriculture and Food, the Ministry of the Environment, the Ministry of Defence and the Ministry of Higher Education and Research. The Ministry of Agriculture and Food has developed a 2016-2020 Strategy on Animal Welfare, and has assigned responsibility to the National Committee of Plant and Animal Health (CNOPSAV), made up of farmers, scientists, animal protection organisations, to implement this Strategy. Various institutions are responsible for managing the use of animals in scientific research, among which FRANCOPA, which promotes alternatives to animal research.

The Government of France is urged to amend the provisions of the Civil Code, the Penal Code and the Rural and Maritime Fishing Code to recognise that all animals for whom there is scientific evidence – at a minimum, all vertebrates, cephalopods and decapods crustaceans – are sentient beings, and to enshrine this principle into legislation. The Government of France is urged to ban the confinement of farm animals – for instance, in sow stalls 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 France is furthermore urged to ban fur farming, which is inherently cruel, causing pain and distress to animals. As culture should not be an excuse for animal cruelty, the Government of France is urged to repeal the cultural exemptions that currently allow bullfighting, cockfighting and the force-feeding of ducks and geese to operate legally. The Government of France is also strongly encouraged to prohibit all forms of entertainment causing animal suffering, such as rodeos, circuses and marine mammal shows. 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

Ethiopia’s Criminal Code No. 414/2004 bans cruel treatments being inflicted on animals in public places. It is also an offence to organise shows or entertainment events during which animals are treated with cruelty – the Criminal Code explicitly mentions animal fights and the captive shooting of animals.

Though it is positive that animal cruelty is prohibited in the Criminal Code, there is a lack of overarching animal welfare legislation in Ethiopia. The country’s legislation does not recognise animal sentience, and there is a lack of basic protection for animals. Notably, there is no duty of care onto animal owners. There is also a lack of legislation regarding the conditions of rearing, transport and slaughter of farm animals, as well as the humane treatment of stray animals. Furthermore, the country allows for the use of animals for fur farming and entertainment purposes, such as circuses.

The Ministry of Agriculture in Ethiopia is responsible for implementing farm animal legislation; however, legislation is focused on animal health rather than animal welfare. In 2018, the Lower House of Ethiopia’s Parliament approved the merging of the Ministry of Agriculture and Natural Resources with the Ministry of Livestock and Fisheries.  The Forest and Wildlife Conservation and Development Authority has the responsibility to implement legislation with regards to natural resource management, including issues affecting wildlife and unlawful hunting. There is no Ministry with direct responsibility for animal welfare, nor any committee or government body dedicated to improving animal welfare.

The Government of Ethiopia is urged to enact a comprehensive animal welfare legislative act that would enshrine animal sentience, define animal welfare in line with the OIE standards, and prohibit animal cruelty in private places. Further animal welfare provisions will stem from this recognition of animal sentience. In particular, the Government of Ethiopia 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 Ethiopia is strongly encouraged to fully ban fur farming, which is inherently cruel and causes pain, distress and suffering to animals. The Government is also 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 is furthermore strongly encouraged to ban the use of all animals for entertainment, in circuses for instance. Overall, the Government of Ethiopia 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

Since the API was first published in 2014, Denmark has not enacted a new primary source of animal welfare legislation. The Act on the Protection of Animals in Denmark is from 1991 and the latest consolidated version is from 2018. The new Act is applicable to all animals, defined as ‘living beings.’ It is positive that a ban on bestiality was enacted in 2015 and is included in the Protection of Animals Act. Legislation specifically dealing with farm animals has largely been introduced in order to comply with European Union requirements and, in some instances, welfare provisions go beyond EU law, for instance with regards to the welfare of pigs and calves. Moreover, Denmark performs particularly well with regards to the use of animals in experiments, since the country has banned the use of animals for cosmetic testing and has created the 3R-Centre, dedicated to increase attention on the Three Rs principles – Replacement, Reduction and Refinement – and developing alternative research methods than with using animals.

However, there is room for improvement in many domains related to animal welfare. Notably, it is common for pigs to be rendered unconscious before slaughter through Controlled Atmosphere Stunning using carbon dioxide (CO2). However, this method takes a long time and causes enormous animal suffering. Over 98% of piglets have been found to be tail docked, despite the EU prohibiting this mutilation. Moreover, though the majority of political parties have committed to banning the use of wild animals in circuses in 2018, such a ban has still not been enacted. However, a ban will be issued after amendment of the current Protection of Animals Act, which is to be presented to Parliament in November 2019. After amendment of the Act a prohibition on elephants, zebras and sea lions will issued warranted by the Act. Marine mammals are used in public display as a matter of dissemination.

In February 2020, a new Animal Welfare Act was passed in Denmark. However, as it does not come into effect until 2021, it has not been assessed as part of the 2020 iteration of the Animal Protection Index.

Overall, there is a good allocation of human and financial resources dedicated to animal welfare in Denmark. The Protection of Animals Act 1991 gives powers to the Minister of Justice and the Minister of Environment and Food to make secondary legislation related to animal welfare, whilst enforcement powers are given to the Danish Veterinary and Food Administration and the Police Director. The Ethical Council for Animals provides the Minister with an ethical assessment of animal welfare issues regarding legislation to be introduced under the Act on the Protection of Animals and other laws. Two members of this Council are appointed following consultation with animal welfare organisations. The Danish Centre for Animal Welfare is also an example of a multi-stakeholder organisation intended to mainstream animal welfare by enabling politicians, industry and other stakeholders to decide on initiatives to improve animal welfare.

The Government of Denmark is urged to outlaw pre-slaughter stunning practices that cause animal suffering, as well as to ban mutilations in farming production systems. Following the examples of neighbouring countries such as the Belgium and the Netherlands, the Government of Denmark is invited to adopt a Positive List of animals who can be kept as companion animals, based on clear criteria including animal welfare. The Government of Denmark is also urged to fully ban fur farming, since the country currently has a large mink fur farming industry. Fur farming is inherently cruel and causes pain, distress and suffering to animals.  The Government of Denmark is furthermore strongly encouraged to totally ban the use of wild animals in circuses as soon as possible, as the majority of political parties committed to in 2018. Further legal and policy recommendations are associated with each Animal Protection Index (API) indicator and contained in the relevant sections of this report.