November 22, the Cabinet approved a Bill focusing on elephants kept
domestically, which also included banning young elephants being used for work.
The regulations proposed by Sustainable Development and Wildlife Minister,
Gamini Jayawickrama Perera are also reported as including a set of guidelines
that should be adhered to by those seeking to rear domestic elephants. Some of
the main areas of focus underlined include the responsibilities of the
caretakers and owners towards the elephants kept domestically, regulations on
elephants being used for work and the use of elephants in processions. This
proposal also falls under amendments to Flora and Fauna Act No.22 of 2009.
While due appreciation is given to the positive
change towards the treatment of elephants by seeking to prevent them from being
subjected to cruelty, it also needs to be noted that it has been almost a year
since the Cabinet approval for the draft Animal Welfare Bill was received.
Unfortunately the Bill still remains at the Legal Draftsman’s office, while
many animal welfare activists eagerly await its enactment. Almost a decade in
the making, the draft bill was approved by the Cabinet following the public
consultation that was last held in 2015. Following the proposed changes
received by the public consultation, the Cabinet approval for the Bill was
received on January 13, 2016. From this point, the Bill was passed to the legal
draftsman for the changes to be incorporated into it and for it to be drafted
with the changes included.
The last
amendment to the law addressing cruelty to animals in Sri Lanka was made in
1955. The Prevention of Cruelty to Animals Ordinance of 1907, under which the
welfare of animals is taken into consideration is over a century old, with
outdated fines and implemented on rare occasions and therefore in need of
urgent reform. Attorney-at-Law, Vositha Wijenayake, Convener of Animal
Welfare Coalition of Sri Lanka said, “The AWC is appreciative of the changes
proposed to safeguard elephants from being subjected to cruelty which were
approved by the Cabinet. It is equally important to know when the proposed law on
animal welfare will be enacted. This Bill has been on its way to get to this
point for a very long time. I think everyone is eager to know when this could
turn into law which will help uphold animal welfare in Sri Lanka.”
Civil Society Organizations
and actors have highlighted the need for more humane animal welfare laws in the
country for many years. As a result of these calls, the draft Animal Welfare
Bill was tabled in Parliament. The Bill was presented to Parliament in October,
2010 by Venerable Athuruliye Rathana Thera as a private member bill. The new
legislation proposed has as its objective the replacement of the Prevention of
Cruelty to Animals Ordinance of 1907 and to recognize duty of care for persons
in charge of animals to treat animals humanely, to prevent cruelty to animals,
to secure the protection and welfare of animals, to establish a National Animal
Welfare Authority and Regulations and Codes of Practice and to raise awareness
on animal welfare.
Prevention of Cruelty to Animals Ordinance of 1907
http://www.commonlii.org/lk/legis/consol_act/cta573256.pdf
Prevention of Cruelty to Animals Ordinance of 1907
http://www.commonlii.org/lk/legis/consol_act/cta573256.pdf
“In order to have
a good animal welfare system in Sri Lanka, it is important to have duty of care
for persons in charge of animals to treat animals humanely, as well as having
strong laws for those who cause cruelty to animals,” said Ms. Wijenayake. “We
hear stories of cruelty to animals but without a law that is robust, it is not
always helpful to take legal actions against the perpetrators who behave
inhumanely and in a cruel manner towards animals,” she added.
The Animal
Welfare Coalition of Sri Lanka which was set up with the objective of
advocating and lobbying for a new animal welfare bill consists of numerous
animal welfare organizations and volunteers keen on seeing the Animal Welfare
Bill enacted. The member organizations and volunteers seek to actively engage
in taking action to ensure that laws on animal welfare are efficient and
effective and to protect animals from being subjected to cruelty.
“It is
important that the Animal Welfare Bill is enacted to ensure effective and
efficient laws on cruelty to animals in Sri Lanka. The current law dates back
to 1907 and lacks in deterrent effect which prevents the protection of animals
against cruelty. It is time we changed these laws and made sure that the long-
overdue Animal Welfare Bill is passed for efficient action against cruelty to
animals,” said Vositha Wijenayake.