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A catalyst for humane change: UK Government introduces Animal Welfare Bill

23 May 2021

In a landmark move, last week, the UK Government announced the introduction of the Animal Welfare (Sentience) Bill as part of the Government’s Action Plan for Animal Welfare.  Under this proposed Animal Welfare (Sentience) Bill, introduced in Parliament, vertebrate animals will be recognised as sentient beings for the first time in UK law. The legislation will also ensure that animal sentience is taken into account when developing policy across Government through the creation of an Animal Sentience Committee, which will be made up of animal experts from within the field.  By recognising animal sentience in domestic law this way, the UK furthers its position as a world leader on animal welfare. Once this Bill is passed, any new legislation will have to take into account the fact that animals can experience feelings such as pain or joy. The Bill will underpin the UK Government’s Action Plan for Animal Welfare, which sets out the Government’s plans to improve standards and eradicate cruel practices for animals both domestically and internationally.   What does this mean for animal rights around the world? [caption id="attachment_137753" align="alignright" width="200"] "The Animal Welfare Bill has been pending for over 10 years and even passing this has not been possible sadly, even though it should, because this Bill reflects on our people and our society and our values as well." Embark and Otara Foundation Founder Otara Gunewardene[/caption] Responding to the news from a local perspective, Embark and Otara Foundation Founder Otara Gunewardene shared that this step by the UK Government is a huge step forward in both animal and human welfare worldwide, and encourages all of us to become better humans, consider how animals are treated, and afford them more protection.  Attorney-at-Law and Wildlife and Nature Protection Society (WNPS) Legal Sub-Committee Member Harindi Palkumbura said: “This is certainly a welcome development for conservationists and environmentalists all over the world. Recognising animals as a kind that feels pain and joy just as similar to humans broadens the scope of animal protection currently recognised in law,” going on to add that while current animal welfare focuses on physical harm, this new Bill goes a step further and recognises the potential for animals to be harmed emotionally. Animals under this law will be safeguarded against any cruel practices that have the potential of harming them emotionally, she noted, adding: “This will broaden the scope of protection afforded to animals by imposing a larger responsibility on the caretakers.”   A representative from Rally for Animal Rights and Environment (RARE) also commended this great step forward in global animal welfare, noting that May has seen a lot of good news taking place in the animal welfare space, with New York animal rights group The Nonhuman Rights Project successfully convincing a New York court to hear a case involving a captive elephant at the Bronx Zoo as they would a case between two humans.    Animal rights in Sri Lanka: Where do we stand? Palkumbara shared that Sri Lanka has in fact made several attempts to introduce legislation that ensures animal welfare. “In 2006, the Law Commission of Sri Lanka prepared an Animal Welfare Bill with the participation of several distinguished lawyers. The Bill speaks of ensuring animal welfare, that includes imposing a duty of care on the caretaker of the animal to take all reasonable measures to ensure the well being of the animal. This duty includes prevention of any unnecessary pain or fear,” Palkumbara said. “The proposed Bill also speaks of establishing an Animal Welfare Authority which oversees the effective implementation of the provisions and adapting to international standards.” Palkumbara also shared that similar efforts were made in 2019 to pass an Animal Welfare Bill. This also included provisions from the Bill in 2006 which was later developed to culminate suggestions and amendments from several interest groups over time. These provisions address a wider scope of responsibilities in caring for domesticated as well as captured animals to ensure their well-being. [caption id="attachment_137756" align="alignright" width="200"] "Recognising animals as a kind that feels pain and joy just as similar to humans broadens the scope of animal protection currently recognised in law" Attorney-at-Law and WNPS Legal Sub-Committee Member Harindi Palkumbura[/caption] “We took part in a meeting with Prime Minister Mahinda Rajapaksa in March 2020 just before the Covid-19 pandemic, who knew about the situation and said that right after the General Elections, the Animal Welfare Bill would be passed,” a representative from RARE, who wished to remain anonymous, shared. “But this has not yet happened. Right, now the only animal welfare law we have is the Cruelty to Animals Act of 1907.”   How far is Sri Lanka from similar goals of animal rights? Gunawardene shared the hope that Sri Lanka is not too far behind when it comes to recognising animal rights, saying: “We shouldn’t be that far because of the practices that we had so many years ago in our roots, where animals were treated with so much more compassion and tolerance, but unfortunately we’ve gone in a different direction over the years.” She added: “The Animal Welfare Bill has been pending for over 10 years and even passing this has not been possible sadly, even though it should, because this Bill reflects on our people and our society and our values as well. It has not been given priority by any government so far, but these are changes we need to make.” RARE shared that for animal rights to progress in Sri Lanka significantly,there needs to be a shift in thinking. “The attitudes towards animal rights, and the knowledge, exposure, and feelings of our leaders, from political leaders to religious leaders to even leaders of the education sector, is very unsatisfactory,” the RARE representative shared, noting: “No one really cares about animal rights except the animal rights activists. We need to build a very strong discussion and urgency in our society to get this. If we are to be able to say that we are a developed, educated, humane, and especially, a Buddhist society, then we need to have a good standard of animal welfare in the country, and clear laws against animal cruelty.”   The UK’s introduction of the Animal Welfare (Sentience) Bill does inspire hope for a more humane future. However, Palkumbara said: “If the UK passes this law it will certainly act as a catalyst in promoting similar laws to be adopted by countries like Sri Lanka. Since our country has already made attempts to afford legal recognition to animal welfare, the enactment of this Bill in the UK will definitely stoke discussions among our local interest groups to follow a similar path. We can also see the effectiveness of such laws in the UK with the passage of time, measure their progress, and make amendments to our laws and regulations accordingly.”


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