Petition to Amend Animal Welfare Legislation In Fiji.

We, the undersigned, are petitioning the Government for the amendment of Animal welfare legislation in Fiji.
The Protection of Animals Act 1954’ and ‘The Dogs Act 1971 need to be updated by modern standards to provide adequate protection.
We propose changes in existing animal welfare legislation that better reflects the current global thinking regarding the welfare of animals. Ultimately there should exist a legislation in Fiji that addresses all aspects of animal welfare. Including the establishment of basic standard of care for all animals, whether companion animals, working animals, livestock or wildlife, and of matters relating to animal cruelty.

The following is a list not an exhaustive, which will be addressed:
1: Unlawful abandonment and release of Animals
2: Dog breeding for profit
3: Acts of provocation against animals
4: Hunting with dogs
5: Euthanasia
6: Theft of animals
7: Companion animals declared as personal property
8: Injuries to animals and exemplary damages
9: Spaying or neutering requirements
10: Unlawful killing or injuring of pets
11: Enforcement

Below are some proposals A-H:
A) We propose for the inclusion of animal cruelty and torture that covers some forms of cruelty specifically that we have seen in Fiji. This can cover some of the most egregious forms of cruelty specifically- crushing, tossing, burning, drowning, dragging, suffocating, impaling, hanging, cropping, mutilation and sexual exploitation of animals. this could include violations, penalties and prosecution of actions citing the nature of seriousness in offences.
B) We propose for the appointment of an Animal Welfare and Ethics committee/council to be formed at the earliest possible stage to assist the government during this process of compiling the contents and wordings of the law. This committee/council should consist of a proper balance of members from the fields of animal welfare, animal use, animal care professionals (veterinarians and animal behaviourists) scientific experts, as well as neutral representatives including ethicists (it is vital that professional ethical expertise is utilized and recommended, and that ethical training is given to all members) expertise from all animal welfare issues should also be called upon, and consideration given to sub-groups for each major issue category.
C) We propose for introducing laws that deal with Juvenile delinquency when offences are related to egregious forms of cruelty. offences committed by minors that’s in disregard of humanity. It should be penalized by detention or released after a proper counselling depending on the nature of crime and repeated offenses.
D) We propose for all Dogs which are imported into the country to be neutered/ spayed, exceptions should require permits and registration for breeding purposes that are imposed with agreements and conditions for importation and the animals welfare itself.
E) We propose for the removal of this clause under the Animals Protection Act 1954 [PA3] section 3, subsection (1), paragraph (k) to introduce and amend a section on its own that deals with unlawful abandonment and release of animals, this could include exceptions for release and rehabilitation of some animals Like those that are trapped and neutered, it can include wild life For rehabilitation or its release from captivity. Every person who wilfully abandons any animal should be guilty of the offence. It’s a serious offence that causes unnecessary suffering and its a major contributing factor for stray animals. Hence it creates issues and conflicts between humans and animals that often leads to cruelty.
F) The proposed reform needs to introduce tougher laws with harsher fines and imprisonment. We ask for increased fines and penalties that deal with offences accordingly. By todays standards a 6 months penalty can be served with probation, the value of a $100 is much less in value than what it used to be. In some countries like New Zealand and Australia maximum penalty for the wilful ill-treatment of an animal from three to five years imprisonment or a fine not exceeding $100,000 (up from $50,000) for an individual, or both, and $500,000 (at present $250,000) for a body corporate.
G) Powers of each authorized officer and persons from different authorities should be defined individually within the act and generally under a table of “enforcement powers” In the Act. The powers given to the officers should give a broad range of enforcement powers allowing them to investigate and enforce compliance with the act. There is need for education and training for the enforcement. There should be no exceptions for delaying justice, No offences of animals cruelty should be neglected or ridiculed in any way in the course of enforcement. NGO’S should be given adequate powers to take action in case of emergency. The laws should be reviewed often for enforcement when there is a failure to serve its purpose. Possibly appoint a person apart from the ministry, minister or government who can connect all bodies together for the control of animal welfare and deficiencies.
H) We propose for all highly dangerous poisons and pesticides to be regulated. All such products should be reviewed and numbered by the agriculture department before distribution, sale and use. It should require permits to purchase that may also be pre-approved for its use. All necessary records should be noted upon sale, such as the permit and numbers that are provided for each product that can enable the authorities to keep track of it when ever its necessary, If this is a possibility.

 

Some reference to the changes we ask for:
1) Abandonment of new-borns or mature animals is a major contributing factor to straying. Owners should be liable for the litters of their animals, and their animals. They should be responsible for their adoptions or surrender to a shelter or ministry depot’s with obligations to reasonable expenses till adoption is arranged. Failure should disqualify the ownership with reasonable fines or jail sentences being introduced under the new proposed section for abandonment of animals.
2) Backyard breeding for profit indirectly contributes to the unwanted stray animals population in communities, the practice is unethical and aimed to keep the inventory going for the sake of profit. It must require a registration after inspection for breeders who can provide proper facilities, vaccinations and solemnly breed for the purpose of improving a breed. Only registered owners should be allowed to sell dogs/puppies after being issued with permits to sell each litters to keep breeder records. This may cover breeder records, written disclosure of delivery, records of purchaser with signatures, facilitating dogs and puppies, veterinarians statement of contents, the violations, penalties and prosecution of actions.
3) Provoking animals is a matter of concern as there are no specific laws to prevent it. We see this happen a lot and its done on purpose with the intention to provoke or annoy animals, such actions lead to animal attacks and bites. It can cause serious injuries and even death. Offenders should face penalties. At present all dogs can be deemed dangerous and destroyed by law with no consideration of the offence. Such incidents can be prevented if laws are implemented.
4) Hunting with dogs is directly related to animal theft and egregious form of cruelty In Fiji. It has promoted despicable nature of beliefs to inflict harm deliberately to enhance performance. If not prohibited, it should require permits and have strict conditions for dog licensing, vaccination, ownership and protection against cruelty with no exceptions. Failure should disqualify a person from ownership and impose fines and imprisonment or both depending on the nature of offences committed.
5) Euthanasia should not be used to kill any animals or pets whose eyes have not yet opened or by any other method than chloroform vapour or inoculation of barbiturates. it should be the only method to kill animals mature enough for the purpose of unnecessary suffering, euthanizing dangerous dogs and population control.
6) Animal theft is an offence that’s on the rise, it mostly targets livestock and companion animals, it needs to be introduced under the Act itself that deals with compensation as exemplary damages with strict penalties and prosecution of actions.
7) All companion animals should be declared as personal property’ since its also a investment where people spend considerable amounts of money. It needs to be protected likewise, it should apply to all cats and dogs that are vaccinated and licensed. Any damages caused for reasons other than self defence, protecting any person’s or property should be liable for a claim.
8) Exemplary damages should be given for wrongful injuries to animals being subjects of property, committed either wilfully or by gross negligence, in disregard of humanity, it can possibly be given out for unjustified actions and animal theft to teach offenders a valuable lesson.
9) All dogs that are not licensed for breeding should be desexed, if impounded the owners may be fined and served with a notice for the desexing of their pets, they can be desexed at the owners expense if the offence is repeated consecutively. Animals too young to be spayed/neutered at adoption must have the cost of such spaying/neutering included in the adoption fee, and owners must be legally obliged to return their animal(s) for surgery at an appropriate date as soon as its reasonably possible after adoption, and before they become sexually active. This could help encourage owners to desex their pets and avoid unwanted litters and roaming behaviour contributing to the stray population. If they can be responsible to handle the adoptions they can pay for a licence to breed by registration and agreement. It should be made affordable according to the dollar value of sale or adoption for each breed. For e.g breeding licence for a species of german shepherd can be up to $2000 and for mongrels it can be $15 per year that’s issued by the ministry.
10) It should be unlawful for any unauthorized person to kill or injure any companion animal through egregious forms of cruelty if there is no damage to any persons or property or if its found anywhere apart from farmland or amongst livestock. Incase of trespassing reasonable force should be used to remove, or either reported to authorities for the removal of any companion animal that’s on the loose. Any owner that’s found to be irresponsible should be fined, disqualified from ownership or both if they can’t provide an excuse or reasonable cause for their failure.
11) One key element of the failure of the current laws is that virtually all NGO'S are obliged to get Police involved to act on cases of cruelty. In most case’s Police are often either unwilling to take any action or they aren’t well versed with laws regarding animals. In the past SPCA have had to print out the relevant section of the Act to show and persuade the authorities to take action when an animal's life is at stake’ such delays can be fatal. In most case’s enforcement has played a major part in the failure of the current legislation.
12) Pesticides and poisons are not only used to kill animals but its also dangerous for humans and the environment in many ways. It should be regulated. In the recent stance taken to ban some pesticides it has still failed to stop the abuse as other options are available to exploit, companion animals are being killed for criminal intents and cruelty. The issue will never be solved until the cause is regulated with certainty.
13) The nature of cruelty we have seen has many forms, to name a few:
• We have seen case’s where dogs have had their ears cropped, their body parts and nostrils are often mutilated for hunting purposes as per beliefs.
• They get burned by hot water for not obeying orders.
• They get dragged on the streets with a rope through their gums for moving around or existing as strays.
• They are abused for amusement that causes unnecessary suffering.
• They suffer through constant confinement where they sustain injuries and are found in the most deplorable conditions without proper food or shelter.
• They are harmed for popularity and likes to post up on social media that creates attention through public outrage.
even with current laws in place it doesn’t deter people from being violent to animals simply because they can easily get away with it. Penalties should range from imprisonment not less than 4 months without probation to not exceeding 2 years imprisonment or a fine not less than $500 and not exceeding $10,000 this can include fines for both individuals and corporations. exemplary damages should be considered for compensation in these case’s.

What these changes can do:
• Animal abuse has a strong connection to violence against the weak. In an abusive home, a companion animal may serve as an easy target. by abusing the animal, an abuser takes advantage to practice such forms of violence. Children who witness such abuse are three times more likely to abuse animals and to play a role in an abusive relationship later in life.

• Empathy and compassion will be practiced more often that will help us build a better society, any offenders will have to think twice before committing any offence if the penalties are stringent. It can promote people to adapt to more advanced and humane methods of hunting, it may help change their prospective towards how they treat animals.

• Animals are regarded as sentient beings they have the capacity to feel, perceive or experience subjectively. Most people aren’t aware of this and have no respect towards them. Animals are often referred to as friends or family. having better protection through law will promote more education and awareness that will solve most issues with animal welfare.

• Some issues are aimed as much at protecting humans as they are protecting animals. This shows that their is need for better laws to protect interests of both animals and humans.

• Improving the welfare of animals leads to better outcomes for both animal and human in terms of health. Most people live in close proximity to animals. A disregard for animal welfare is often central to disease. Such diseases have always jumped species, but the recent pandemic may be a sign of an ominous acceleration.

• These animal’s are a part of an ecosystem that’s related to our environment and agriculture, Animals of all shapes and sizes play an important role in the maintenance of the balance in the ecosystem. They are also an important factor in the maintenance of the soil quality and the climate regulation in the environment, other than exceptions for consumption and experiments ‘they should be protected from unnecessary suffering and unjustified actions.

• We are evolving into a more advanced society where influence of modernization, trends and social media have an impact. Our changing community values demand some changes that become necessary in order to remain relevant. In an age which prides itself on technology, enlightenment, education, good will, and justice, we still treat the majority of the earth's living creatures in a manner which is, in most respects, worthy of a medieval Torture.

 

 

 

 

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PETITION SET OUT ABOVE AND ALSO THE FOLLOWING:

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