|
Constitution Project: Background Notes
Background to CampaignThere is a growing understanding in society of the importance of respect and protection for animals as an indicator of moral standards. Animal protection has become an important ethical and political question commanding major public support in many countries. Despite this, there are as yet few examples of countries that have secured even the basic requirements for humane treatment of animals in their constitutions. Animals are sentient creatures with an intrinsic value. Action to take full and proper account of animal protection in international, national and regional constitutions and charters is long overdue. World Animal Net (WAN), the most widespread animal protection organisation in the world with over 1,500 affiliated societies, has launched this project to start an international movement in favour of placing animal protection in constitutions. Animal Protection LegislationThis call to include animal protection in constitutions is designed to raise awareness of the importance of the animal protection ethic amongst politicians and the public and to elevate the status of animal protection. It is also considered important in practical terms, as explained in the leaflet (under 'Why Does This Matter?'). However, inclusion of animal protection in constitutions should in no way be taken as an alternative to the introduction of well-drafted and effectively enforced animal protection legislation. The WAN Web Site contains a comprehensive animal protection law resource section and information on important legislative developments is included in our e-mail newsgroups. Also, although this is not the specific target of the constitution project, WAN is pleased to advise on national animal protection legislation and enforcement. WAN has recently established an Advisory Council for Legislative Issues. This Council includes experts with legal or practical expertise in the field of animal protection legislation from around the world (known as 'Legislative Counsellors - or LCs). The type of assistance that WAN hopes to provide with the assistance of LCs includes: -
DefinitionsSentient - capable of feeling (including suffering). How to Campaign/LobbyThe more countries and regions that become involved in this project, the more strength and credibility it will gain. Animal protection groups in some countries are already campaigning for animal protection to be included in their constitution and/or charter. We hope that this information will prove useful to them, and that they will share their information and expertise to the benefit of other countries just starting this campaign. Research & PlanningWAN information can be used as a starting point. This includes a leaflet, these background notes and accompanying information on the UN, Council of Europe, EU and national situations. The Ligue Francaise des Droits de l'Animal (LFDA) has a useful booklet on the 'Universal Declaration of Animal Rights' that provides interesting historical insight into the fight for animal rights, including efforts to incorporate animal rights into UN activities. Address: LFDA, 39, Rue Claude Bernard, 75005 Paris, France. The local and national situation needs to be researched before action
is taken. Many societies may not have central government contacts and/or lobbying experience. In this case, consideration could be given to carrying out the campaign at local level, or through letter writing rather than personal lobbying. Conversely, societies with good national government contacts and lobbying abilities may decide not only to carry out the project at national level, but also to lobby your government to support improvements at the United Nations, Council of Europe and/or European Union level (as applicable). It will be particularly important for countries that already have animal protection in their constitutions, and those that are sympathetic to animal protection, to promote changes at supra-national level through their governments. Animal protection groups in countries without a written constitution may decide to take part in another way - perhaps by working at regional or town level. There may already be tools, such as a City Charter, that could form a focus for lobbying. If not, you may want to persuade your region of city to adopt an 'Animal Charter' or 'Animal Policy'. Many local governments (and cities) have adopted policies and charters in other areas, such as an 'environmental policy' or a 'Citizens' Charter' - so why not one for animals! Animal protection groups with limited resources may decide that they want to take part in this project, but with limited involvement (for example, letter writing). Whenever possible, World Animal Net will lend support to national campaigns/lobbying when requested. Once a decision has been taken to go ahead with the constitution project, and the target(s) have been identified, a detailed campaign and lobby plan should be formulated. This should include:
WAN will periodically update groups about action taken in other countries, and any progress achieved. CampaigningCampaign activity could include:
Media & Publicity
LobbyingLobbying could include:
WAN could lobby at supra-national level (United Nations, Council of Europe and European Union), in co-operation with other European and International animal protection groups. You are asked to write in support of WAN's lobbying. See Annex 1 - suggested letters re National Government/Local Government/UN/CoE/EU Suggested Constitution Provision(s)MINIMUM NEEDED FOR CONSTITUTIONAL PROVISIONS ON ANIMAL PROTECTION Recognition that animals are sentient beings, with an intrinsic value. Provisions that: Require the government and the citizens at all times to consider animals with respect, and treat them with compassion. Require the government to develop laws and enforcement structures so as to afford animals the highest level of protection. Require the government to develop and support humane education programmes to encourage respect and compassion for people, animals and the environment, and recognition of the interdependence of all living things. Call for ActionWAN calls for animal protection societies across the world to campaign and lobby in support of these objectives.
Additional InformationSee: Constitution Project: Resources Available
Suggested Draft LettersDRAFT LETTER TO: United Nations Mr. Federico Mayor [ENTER DATE] Dear Director General, Animal Protection at UN Level I am writing on behalf of [ADD SOCIETY NAME AND INFO] in the context of World Animal Net's Constitution Project, which has launched an international movement in favour of placing animals in constitutions. We are concerned to learn that UNESCO does not envisage any initiatives on animal protection in its activities in the near future. The animal protection community had hoped that the establishment of your 'Bioethics Unit' indicated that - at last - a forum had been created that would give animal protection the full consideration it deserved within UNESCO. But these hopes appear to be ill founded, as the Bioethics Committee itself has indicated that it has no plans to deal with animal protection matters in the foreseeable future. Amongst the whole family of UN bodies, that consider a wide-ranging and diverse array of subjects, there appears to be none that consider animal protection matters per se (in the sense of animal welfare, as opposed to species conservation as is considered by CITES/UNEP). This is a tremendous void in UN' activities given the wide remit in its founding Charter, and the growing political importance of animal protection matters. World Animal Net has been in contact with the Council of Europe (CoE) and the European Union (EU), and the UN appears to be unique in continuing to deny the need for action in this area. The CoE has five animal welfare conventions, and the EU has recently agreed an animal welfare Protocol to its founding Treaty (as well as having many animal protection measures already on its statute book). This is a crucial time for animal protection when - with the increased influence of GATT/WTO - national and regional measures to protect animals are being eroded on the 'altar of free trade'. Only international measures can now prevent the dismantling of all animal protection measures affected by global trade. We do hope that you will reflect upon your position, and give favourable consideration to incorporating animal protection within the practical sphere of UN activities. This would elevate the consideration of animals globally and provide moral leadership to the UN's member nations. We look forward to hearing from you. Yours Sincerely, DRAFT LETTER TO: Council of Europe Mr. Walter Schwimmer [ENTER DATE] Dear Secretary-General, I am writing on behalf of [ADD SOCIETY NAME AND INFO] with regard to the Council of Europe's coverage of animal protection matters. Firstly, we would like to express our appreciation at the steps that the Council of Europe has already taken in the field of animal protection. In particular, its elaboration of five conventions for the protection of animals, covering farm animals, transport, slaughter, animal experimentation and pet animals. We also note that the Council of Europe has recognised that man has a moral obligation to respect all animals. We are approaching you now in the context of World Animal Net's Constitution Project, which has launched an international movement in favour of placing animals in constitutions. We would be grateful for the Council of Europe's views on the importance of animal protection and the need to include this in country constitutions. We would also ask you to consider the introduction of a general (umbrella) convention on animal ethics and protection. This would elevate the consideration of animals within the Council of Europe and provide moral leadership to its member nations. We look forward to receiving your response. Yours Sincerely, DRAFT LETTER TO: European Union Mr. Carlos Trojan [ENTER DATE] Dear Secretary General, Animal Welfare Protocol to the Treaty: Practical Application I am writing on behalf of [ADD SOCIETY NAME AND INFO] with regard to the application of the Animal Welfare Protocol to the Treaty. We welcomed the introduction of this Protocol on animal welfare, which was agreed at the Amsterdam European Council on 16 June 1997. As you know, this Protocol was introduced following strong pressure from the public (as was the animal welfare declaration that it superseded). The Protocol introduces clear, legal obligation for the Community institutions (Commission, Parliament and Council) to pay full regard to the welfare requirements of animals in formulating and implementing the Community's agriculture, transport, internal market and research policies. The institutions are obliged to give comprehensive consideration to animal welfare requirements and take these into account in each of the specified areas. As the protocol is now in force, practical measures need to be developed urgently to ensure that EU institutions are able to meet this legal obligation. It appears doubtful that this can be done in practice without a systematic mechanism for scrutinising EU policy and draft legislation for animal welfare implications. We believe that such a mechanism is necessary to ensure that full regard is paid to animal welfare requirements both in the formulation of policies and directives:
In the latter case, at present there appears to be a distinct lack of consideration or awareness of potential implications for animal welfare. A practical example of this is in the field of animal experimentation: There is a target to reduce the numbers of vertebrate animals used for experiments by 50% in the EU's Fifth Environmental Action Programme (recently underlined by Decision Number 2179/98/EEC of the EP and Council). Yet despite this, measures are being passed that increase animal testing - sometimes with no consideration for this target and with little regard for animal welfare. The EU's own funding for animal research has increased, and ethical review procedures have not covered all-important areas of animal ethics/welfare. The directive on the placing of biocidal products on the market will also have increased the number of animal experiments enormously, and is a good example of how directives outside the normal sphere of animal experimentation can be passed without extensive consideration of animal ethics and welfare - despite having a significant impact in these areas. Similarly, when Common Agricultural Policy (CAP) initiatives are formulated, little or no attention is given to their likely impact on the welfare of farm animals. Similar problems were identified when the European Union first introduced environmental obligations. This was dealt with by the introduction of an automatic/procedural device whereby EU legislation was accompanied by an 'Environmental Impact Assessment' to ensure correct and full consideration of environmental implications. We would like to propose that an 'animal welfare impact assessment' is also introduced to ensure that animal welfare implications are identified and dealt with in accordance with the Treaty Protocol. We hope that you will give this proposition your full consideration, and look forward to your response. In the meantime, we would be pleased to provide any further information or advice. Yours Sincerely DRAFT LETTER: National [ENTERNAME & ADDRESS OF RECIPIENT [ENTER DATE] Dear [NAME], I am writing on behalf of [ADD SOCIETY NAME AND INFO] to request your support for an initiative to include animal protection principles in [COUNTRY NAME]'s constitution. We are approaching you in the context of World Animal Net's Constitution Project, which has launched an international movement in favour of placing animals in constitutions. We would be grateful for your views on the importance of animal protection and the feasibility of including this in our own country's constitution. It is our view that action to take full and proper account of animal protection in our constitution is long overdue. Animal protection is an important ethical and political question commanding major public support, and we feel that it is time to rectify this omission. We look forward to receiving your response. Yours Sincerely, DRAFT LETTER: Regional/State [ENTERNAME & ADDRESS OF RECIPIENT - include local government departments and Councillors/Ministers likely to be sympathetic] [ENTER DATE] Dear [NAME], I am writing on behalf of [ADD SOCIETY NAME AND INFO] to request your support for an initiative to include animal protection principles in the [REGION/STATE NAME]'s constitution. We are approaching you in the context of World Animal Net's Constitution Project, which has launched an international movement in favour of placing animals in constitutions. We would be grateful for your views on the importance of animal protection and the feasibility of including this in our REGIONAL/STATE constitution. It is our view that action to take full and proper account of animal protection in our constitution is long overdue. Animal protection is an important ethical and political question commanding major public support, and we feel that the time to rectify this omission is long overdue. We look forward to receiving your response. Yours Sincerely,
Top | Contents | Resources | Leaflet | WAN Resources | WAN Home |
