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

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 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

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

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

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

Law 88-08 of 1988 on veterinary activities and the protection of animal health is the legislation most relevant to animal welfare. Article 58 prohibits bad treatment towards domestic, tamed or captive animals. There is also a minimal duty of care included in legislation, which mandates that animal owners must keep their animals in a good state of health. In addition, the Penal Code sanctions various conducts such as mistreating, poisoning, overworking and causing injuries or death to animals. With regards to animals used in experiments, the principle of Replacement is referred to in legislation, since experiments using animals must be limited to the cases of strict necessity. It is also forbidden to hunt, capture or trade endangered species in Algeria.

However, Algeria could make improvements for animals on many accounts. There is a lack of an overall animal welfare legislation in Algeria, which impedes progress in numerous areas related to animal welfare. The country’s legislation does not recognise animal sentience and provides only basic protection to animals, through Law 88-08, as the focus of this legislation is animal health, rather than animal welfare. Moreover, there is a lack of legislation regarding the rearing, transport and slaughter of farm animals. Algeria still authorises fur farming, the culling of stray animals, and the abuse of animals through cruel forms of entertainment, such as animal circuses.

The Ministry of Agriculture, Rural Development and Fishing (MADRP) is responsible for activities relating to veterinary medicine and farm animals. However, there is no Ministry responsible for animal welfare. There is a lack of government bodies dedicated to animal welfare in general, as well as specific animal welfare issues, such as the use of animals in scientific research. 

The Government of Algeria is urged to enact a comprehensive animal welfare legislative act that would enshrine animal sentience and define animal welfare in line with the OIE animal welfare standards. Further animal welfare provisions will stem from this recognition of sentience. In particular, the Government of Algeria 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 Algeria is strongly encouraged to fully ban fur farming, which is inherently cruel and causes pain, distress and suffering to animals. The Government of Algeria is urged to outlaw the culling of stray animal populations, and to implement spay-and-neuter campaigns as a tool to control homeless animal populations. The Government of Algeria is also strongly encouraged to ban the use of all animals for entertainment, in circuses for instance. Overall, the Government of Algeria 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 indicator and contained in the relevant sections of this report.

Executive Summary

The Government of Tanzania should be commended on the explicit recognition of both vertebrates and invertebrates as sentient beings as well as enshrining the Five Freedoms in law in the Animal Welfare Act (2008). Similarly, the Government should be commended for explicitly promoting the 3Rs Principles – Replacement, Reduction, Refinement – in the Act. The Animal Welfare Act (2008) is also able to have a positive impact on animal welfare in Tanzania through the dual role of all police officers and zoo sanitary inspectors as Animal Welfare Inspectors.

However, animal welfare legislation in Tanzania is unclear as to its application to wild animals in captivity. A further concern is the exclusion of wild animals from the protections of the Animal Welfare Act (2008), when the Wildlife Conservation Act (2009) includes few welfare protections. The exclusion also means that the Five Freedoms and the recognition of sentience cannot be applied to wild animals. There are limited secondary regulations to ensure appropriate care for farm animals and it is of concern that the National Livestock Policy (2006) promotes the industrialisation of the farming industry. Industrial systems are not compatible with the Five Freedoms already enshrined in the Animal Welfare Act (2008). Since the 2014 edition of the API, the Government of Tanzania has made no improvements to animal welfare legislation.

Responsibility for implementation of the Animal Welfare Act (2008) is assigned to the Minister responsible for Livestock, while wild animals fall under the jurisdiction of the Minister responsible for the Environment and the appointed Director of Wildlife. The Animal Welfare Act (2008) also established the Animal Welfare Advisory Council which is responsible for advising the Government on animal welfare issues.

The Government of Tanzania is encouraged to amend the Animal Welfare Act (2008) to include a recognition of wild animals and other animals such as cephalopods and decapods crustaceans as sentient. Alternatively, the Government is encouraged to recognise the sentience of all vertebrates, cephalopods and decapods crustaceans in the Fisheries Act (2003) and the Wildlife Conservation Act (2009). Similarly, the Government is also encouraged to amend the Animal Welfare Act (2008) to ensure all animals – both domesticated and wild – are protected under the Act. Further legal and policy recommendations are associated with each Animal Protection Index (API) indicator and contained in the relevant sections of this report.