In the fight for animal protection, it helps to have the law on your side. But what happens when the law is outdated and stuck in the ’60s? For animal heroes across South Africa, it’s time for a new era of animal welfare, which is exactly what the Animal Law Project is all about:
South Africa (14 August 2024) — In the fight for animal protection, it helps to have the law on your side. But what happens when the legal framework hasn’t been updated in quite some time (read, over 60 years) to aptly mesh in a world that’s changed immensely?
For co-founder of Animal Law Reform, Amy P. Wilson and the many others in the animal protection sector, it’s high time to usher in a new era of animal protection in South Africa.
Together with the Humane Society International Africa, Animal Law Reform has poured time and effort into creating an informed vision that embodies a better future for our animals — ‘Animal Law Project’.
With collaboration from the South African Institute for Advanced Constitutional, Public, Human Rights and International Law (SAIFAC), the Project’s Manifesto “A Manifesto for Transforming Animal Protection in South Africa: A Constitutional Imperative’ was released in July.
Why The Push for a New Era of Animal Protection
“After various consultations across South Africa and thousands of hours of work, we have compiled this report putting forward what the animal protection sector would like to see in a new Animal Law for the country. Our current main animal legislation is from 1962 (ready for retirement) with many issues and shortcomings,” shares Amy.
“The world and our country has changed A LOT! In light of the government’s undertaking to release a new law, we wanted to make an attempt show them what those on the ground (and hopefully members of the public and others) think our new constitutional dispensation requires to protect the most vulnerable beings in our society.”
One of the key issues highlighted by the organisations is that despite expanding scientific consensus about non-human animal sentience (the ability to experience both positive and negative states of being), other extensive and complex animal capacities, and the weight of moral concern around animal suffering, it is arguably one of the worst times in history to be an animal.
In South Africa, over 1.1 billion land animals are produced and killed for food annually, with many being subjected to unbelievable living circumstances, from mutilation and forced pregnancies to practices such as long-distance sea transport.
Our wildlife, which should be the pinnacle of our conservation efforts are often subject to being commodified as “faunal biological resourced under an interpretation of “sustainable use” which further adds to animal exploitation (canned hunting, trophy hunting and of course, poaching).
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Then there are products made off the back of animal testing, animals in the entertainment industry suffering and the list, unfortunately, goes on.
The Manifesto
The Manifesto for Transforming Animal Protection in South Africa comprises three parts. Part I looks at the context, impetus and scope of the Animal Law Project as well as the extensive consultations and the manifesto’s purpose. Part II provides a high-level problem statement that highlights the deficiencies in the current animal regulatory regime and institutions, reviewing international developments and introducing the concept of constitutional misalignment. Part III presents tangible proposals for transforming animal protection in South Africa; detailing foundational values, guiding principles and enabling mechanisms.
The foundational alignments proposed are said to be in constitutional alignment, sentience and intrinsic value, while the ten guiding principles include:
- Animal flourishing
- Vulnerability
- Ubuntu
- Public Interest
- Least Harm and proportionality
- Justifiability
- Duty of Care
- Non-arbitrariness
- Knowledge
- Intentionality.
The public is invited to read, comment and offer feedback on the manifesto, which can be done here.
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