案例第2天第個(gè)sasadara

1、USING EXISTING LAWS CREATIVELY TO CLOSE THE DOG MEAT TRADE IN BALI, INDONESIATHANKS & ACKNOWLEDGEMENTAsia for Animals Coalition and Dalian Vshine Animal Protection Association and co-sponsors for hosting this event and for the opportunity to present our work THANKS & ACKNOWLEDGEMENTAnimals Australia

2、 Animals InternationalOur CEO Glenys Oogjes for supporting the dog meat project in Bali since 2017, including my Masters project and that of Drh Vidia Tiara TimurOur Veterinary Director Dr Jennifer Hood for supervising this project- her background as a Government animal law regulator in Australia ha

3、s shown us how useful it is to know about the law and use it creatively! The Bali Government for providing an opportunity to work together to improve animal welfare especially in the dog meat trade in Bali- we would like to specifically thank Dr. drh. I KG Nata Kesuma, MMA whose interest and assista

4、nce have been invaluable, especially in establishing our collaboration with GovernmentUdayana University (UNUD) Law & Vet faculties, Bali, & Murdoch University School of Veterinary and Life Sciences, Western Australia for providing academic approaches to improve animal welfare in BaliBACKGROUND Ther

5、e were many anecdotal reports that a dog meat trade (DMT) was operating in Bali Animals International investigated this in 2017 and confirmed dogs were being caught, transported, confined, and killed using very inhumane methodsThe footage was aired on the Australian Broadcasting Commissions (ABC) 7.

6、30 program and there was Australian and international condemnation of the cruelty to dogsThe Bali Government then worked with Animals International to end this black-market trade as it is contrary to traditional Bali Hindu culture and also threatens Balis important tourism industryCHALLENGES AND SOL

7、UTIONS The Bali DMT is a brutal and (until recently) unregulated trade that routinely involves cruelty to dogs - many of which are believed stolen or taken from the street There is no specific law banning the DMT.Indonesia has good animal welfare laws but there have been no animal cruelty prosecutio

8、ns resulting in sanctions We found enforcement agencies and the community were largely unaware of these laws and who can enforce them Another challenge is these laws only apply to live animals and often in the DMT the cruelty occurs out of sight with the only evidence of the trade is dog meat being

9、soldAlthough dog meat is eaten, under Indonesian law it is not a food and hence has escaped food safety oversightWe realised we needed to:characterise the DMT in Bali (formed basis of our Masters projects)clarify the AW legal framework in Indonesia (Bali), identify AW laws applicable to the DMT (liv

10、e dog component)identify other laws applicable to the DMTeducate enforcement agenciesuse a multi-disciplinary approach (law, veterinary science, social science)use a multi-agency approach (Government agencies, Universities, animal welfare NFP)use an international, collegiate approach (Indonesia and

11、Australia)July 2017 One Health ForumHuman and Animal Welfare “Responding to Dog Meat Trade”UNUD One Health Collaborating Center and Animals InternationalApr 2018 Focus Discussion Group“Impact of DMT on tourism and culture”Badung District Agriculture Services and Animals InternationalOct 2018 Focus D

12、iscussion Group“Synchronisation, Implementation and Enforcement of Animal Welfare Laws in Bali Ending the Dog Meat Trade”UNUD Veterinary Faculty, School of Veterinary and Life Sciences , Murdoch University, and Animals InternationalMar 2019 Seminar“Socialisation of Animal Welfare Legal Framework - E

13、nd the Dog Meat Trade in Bali”Veterinary Faculty of Unud, School of Veterinary and Life Science of Murdoch University, and Animals International mendation to Bali Government to close the DMTResult :Governors Circular Letter mendation to Badung District Government to enforce existing laws and for vil

14、lages to issue Hindu customary lawsResult :2 customary villages issued customary laws agreement DMT and dog meat consumption is not part of Balinese cultureA draft framework of animal welfare laws relevant to the DMTResult :Draft legal framework validated by UNUD law facultySymbolic declaration of B

15、ali free from DMT mendation to Bali Government to establish DMT Task Force and to issue a specific DMT regulationResult :Governors Instruction Letter to establish Task Force to close DMT outletsTIMELINEFirst Government Letters issued to end the Dog Meat TradeCircular and Instruction letters are not

16、laws and are not strong enough to be used alone to close the DMT , but they send a powerful message to Government agencies and the public Bali Governors Circular Letter 2017Indonesias Director General of Livestock and Animal Healths Circular Letter 2018Bali Governors Instruction Letter 2019SUMMARY O

17、F INDONESIAN LAWS RELEVANT TO THE DOG MEAT TRADE ANIMAL CRUELTYUNLAWFUL ACTIONSLAWSARTICLES & SUBSECTIONSSANCTIONSENFORCEMENT AGENCYIMPRISONMENTCONFINEMENTFINE (IDR)ABUSE, NEGLECT AND TORTURE(ANIMAL CRUELTY)Indonesian Criminal Code (KUHP)302 (1)Max 3 months-Max 300Police302 (2)Max 9 months-Max 300Po

18、lice302 (3)Administrative sanctionPolice 302 (4)-Police 406 (2)Max 2 years 8 months-Max 300Police540 (1)-Max 8 daysMax 150PoliceStatutory Law No. 41 of 2014 concerning amendment of Law No 18 of 200966A (1)Provided in 91 B (1)Police & PPNS66A (2)Provided in 91 B (2)Police & PPNS91B (1)-Min 1 month Ma

19、x 6 monthsMin 1,000,000Max 5,000,000Police & PPNS91B (2)-Min 1 month Max 3 monthsMin 1,000,000Max 3,000,000Police & PPNSStatutory Law No. 18 of 2009 concerning Husbandry and Animal Health66 (1) -Police & PPNS66 (2)-Police & PPNS66 (3) -Police & PPNSGovernment Regulation (PP) No. 95 of 2012concerning

20、 Veterinary Public Health and Animal Welfare83 (1)Provided in Statutory Law No 41 of 2014 jo Law no 18 of 2009Police 83 (2)As abovePolice 83 (3)As abovePolice 83 (4)As abovePolice 85Administrative sanctionRegent/Mayor89 (1)Provided in Statutory Law No 41 of 2014 jo Law no 18 of 2009Police89 (2)As ab

21、ovePolice89 (3)Provided in Statutory Law No 41 of 2014 jo Law no 18 of 2009Police92As abovePolice95 (1)As abovePolice95 (2)As abovePolice99 (1)As abovePoliceSUMMARY OF OTHER INDONESIAN LAWS RELEVANT TO THE DOG MEAT TRADE-THEFT, FOOD, DANGEROUS GOODSTHEFT BUYING AND SELLING STOLEN GOODSREPEATED RECEI

22、VING STOLEN GOODSIndonesian Criminal Code (KUHP)362Max 5 years-Max 60Police480Max 4 years-Max 60Police481 (1)Max 7 years-PoliceFOOD SAFETY AND INTEGRITYStatutory Law No 18 of 2012 about Food86 (1)-Police & PPNS86 (2)-Police & PPNS86 (3)-Police & PPNS90 (1)Provided in 94 (1)Police & PPNS90 (2) a,c,d,

23、eAs abovePolice & PPNS94 (1) Administrative sanctionPolice & PPNS104 (2)Provided in 106(1) & 145Police & PPNS106 (1)Administrative sanctionPolice & PPNS145 Max 3 years-Max 6,000,000,000Police & PPNSTRADING DANGEROUS GOODSIndonesian Criminal Code (KUHP)204 (1)Max 15 years-Police205 (1)Max 9 monthsMax

24、 6 monthsMax 300Police383Max 1 year 4 months-Police386 (1)Max 4 years-PoliceUNLAWFUL ACTIONSLAWSARTICLES & SUBSECTIONSSANCTIONSENFORCEMENT AGENCYIMPRISONMENTCONFINEMENTFINE (IDR)SUMMARY OF OTHER INDONESIAN LAWS RELEVANT TO THE DOG MEAT TRADE-RABIES CONTROLUNLAWFUL ACTIONSLAWSARTICLES & SUBSECTIONSSA

25、NCTIONSENFORCEMENT AGENCYIMPRISONMENTCONFINEMENTFINE (IDR)INCREASING RABIES RISKSLocal Government Regulation (Perda) No 15 of 20095 (1)Provided in 20Police, Satpol PP &PPNS8As above9 (2)As above10Provided in 18 & 2011 (1)As above12 (1)-12 (2)-12 (3)-12 (4)-12 (5)Provided in 18 & 2018Administrative s

26、anction20-Max 6 monthsMax 50,000,000ABUSE, NEGLECT AND TORTURE (ANIMAL CRUELTY) IN THE DOG MEAT TRADEABUSE, NEGLECT AND TORTURE (ANIMAL CRUELTY) IN THE DOG MEAT TRADEINDONESIAN CRIMINAL CODE302 (1) Mild abuse to animalsDOGS REGULARLY SUFFER MILD ABUSE IN THE DOG MEAT TRADE INCLUDING CATCHING, TRANSP

27、ORTING, CONFINEMENT, AND SLAUGHTER302 (3) if animal belongs to the person it can be forfeited302 (2) Abuse resulting in an illness of 1wk or disability, serious harm of another nature ; or death of the animalDOGS REGULARLY SUFFER SERIOUS ABUSE IN THE DOG MEAT TRADE INCLUDING CATCHING TRANSPORTING, C

28、ONFINEMENT, AND SLAUGHTERIF THE DOG MEAT TRADER OWNS THE DOGS HE IS BEING CRUEL TO, THE DOGS CAN BE FORFEITED406 (2)Intentionally and againts the law kills, destroy, makes unusable or eliminates an animalDOGS ARE COMMONLY TRANSPORTED IN A CRUEL WAY IN THE DOG MEAT TRADE INCLUDING WITHOUT FOOD OR WAT

29、ERDOGS ARE COMMONLY STOLEN IN THE DOG MEAT TRADE AND COMMONLY SUFFER MILD ABUSE AND SERIOUS ABUSE INCLUDING DEATH540 (1)Abuse to working animal (including transport of animals)DOGS REGULARLY SUFFER MILD ABUSE IN THE DOG MEAT TRADE INCLUDING IN THE CATCHING TRANSPORTING, CONFINEMENT, AND SLAUGHTERDOG

30、S REGULARLY SUFFER SERIOUS ABUSE IN THE DOG MEAT TRADE INCLUDING IN THE CATCHING TRANSPORTING, CONFINEMENT, AND SLAUGHTERIF THE DOG MEAT TRADER OWNS THE DOGS HE IS BEING CRUEL TO, THE DOGS CAN BE FORFEITEDDOGS ARE COMMONLY STOLEN IN THE DOG MEAT TRADEDOGS ARE COMMONLY STOLEN IN THE DOG MEAT TRADE AN

31、D COMMONLY SUFFER MILD ABUSE AND SERIOUS ABUSE INCLUDING DEATHDOGS ARE COMMONLY TRANSPORTED IN A CRUEL WAY IN THE DOG MEAT TRADE INCLUDING WITHOUT FOOD OR WATERDOGS IN THE DOG MEAT TRADE ARE COMMONLY ABUSE AND MISUSEANY PERSON WHO KNOWS THIS IS HAPPENING MUST REPORT TO THE AUTHORITYTHE DOG MEAT TRAD

32、E REGULARLY INVOLVES INHUMANE CATCHING AND HANDLING, PLACEMENT AND CONFINEMENT, TRANSPORTTHE DOG MEAT TRADE REGULARLY INVOLVES INHUMANE CATCHING AND HANDLING, PLACEMENT AND CONFINEMENT, CARE AND PROTECTION, TRANSPORT, ANIMAL USE, SLAUGHTERING AND KILLING, AND ANIMAL TREATMENTTHIS LAW APPLIES TO DOGS

33、DOGS ARE ANIMALS COVERED BY THIS LAW. THE DOG MEAT TRADE COMMONLY VIOLATES FIVE FREEDOMS (A-G)DOG MEAT TRADERS RARELY COMPETENCY DOGS ARE ANIMALS COVERED BY THIS LAW. THE DOG MEAT TRADE COMMONLY VIOLATES (A-G) DOG MEAT TRADERS RARELY COMPETENCY DOGS ARE COMMONLY TRANSPORTED IN A CRUEL WAY IN THE DOG

34、 MEAT TRADE INCLUDING WITHOUT FOOD OR WATERIN THE DOG MEAT TRADE, DOGS ARE COMMONLY SLAUGHTERED/KILLED IN WAYS THAT HURT, CAUSE FEAR AND STRESS AND DEATH INVOLVES SUFFERINGCARCASSES ARE COMMONLY BUTCHED UNDER FILTHY CONDITION AND WITHOUT DEATH BEING CONFIRMTHE DOG MEAT TRADE COMMONLY INVOLVES ACTIVI

35、TIES THAT CAUSE SUFFERING, MUTILATION AND POISONINGTHIS MAY APPLY IN THE DOG MEAT TRADE IF A DOG ESCAPES AND IS LEFT WITH A DISABILITY OR ES UNPRODUCTIVEABUSE, NEGLECT AND TORTURE (ANIMAL CRUELTY) IN THE DOG MEAT TRADESTATUTORY LAW (UNDANG UNDANG (UU)UU NO 41 OF 2014 CONCERNING AMENDMENT OF UU NO 18

36、 OF 2009UU NO 18 OF 2009 CONCERNING HUSBANDRY AND ANIMAL HEALTH66A (1)Abuse and/or misuse animals resuting in disability and/or unproductiveness66A (2)Any person who knows any actions as referred to in 66 (A)1 must report to the authoritiesTHE DOG MEAT TRADE REGULARLY INVOLVES INHUMANE CATCHING AND

37、HANDLING, PLACEMENT AND CONFINEMENT, CARE AND PROTECTION, TRANSPORT, ANIMAL USE, SLAUGHTERING AND KILLING, AND ANIMAL TREATMENT66 (1)For the benefit of animal welfare, actions relating to catching and handling are carried out ; placement and confinement ; raising and care ; transportation ; slaughte

38、ring and killing ; and propoer treatment and protection of animals detail is provided in 66 (2) and must be applied to all vertebrates and invertebrates (66(3)DOGS REGULARLY SUFFER MILD ABUSE IN THE DOG MEAT TRADE INCLUDING IN THE CATCHING TRANSPORTING, CONFINEMENT, AND SLAUGHTERDOGS REGULARLY SUFFE

39、R SERIOUS ABUSE IN THE DOG MEAT TRADE INCLUDING IN THE CATCHING TRANSPORTING, CONFINEMENT, AND SLAUGHTERIF THE DOG MEAT TRADER OWNS THE DOGS HE IS BEING CRUEL TO, THE DOGS CAN BE FORFEITEDDOGS ARE COMMONLY STOLEN IN THE DOG MEAT TRADEDOGS ARE COMMONLY STOLEN IN THE DOG MEAT TRADE AND COMMONLY SUFFER

40、 MILD ABUSE AND SERIOUS ABUSE INCLUDING DEATHDOGS ARE COMMONLY TRANSPORTED IN A CRUEL WAY IN THE DOG MEAT TRADE INCLUDING WITHOUT FOOD OR WATERDOGS IN THE DOG MEAT TRADE ARE COMMONLY ABUSE AND MISUSEANY PERSON WHO KNOWS THIS IS HAPPENING MUST REPORT TO THE AUTHORITYTHE DOG MEAT TRADE REGULARLY INVOL

41、VES INHUMANE CATCHING AND HANDLING, PLACEMENT AND CONFINEMENT, TRANSPORTTHE DOG MEAT TRADE REGULARLY INVOLVES INHUMANE CATCHING AND HANDLING, PLACEMENT AND CONFINEMENT, CARE AND PROTECTION, TRANSPORT, ANIMAL USE, SLAUGHTERING AND KILLING, AND ANIMAL TREATMENTTHIS LAW APPLIES TO DOGSDOGS ARE ANIMALS

42、COVERED BY THIS LAW. THE DOG MEAT TRADE COMMONLY VIOLATES FIVE FREEDOMS (A-G)DOG MEAT TRADERS RARELY COMPETENCY DOGS ARE ANIMALS COVERED BY THIS LAW. THE DOG MEAT TRADE COMMONLY VIOLATES (A-G) DOG MEAT TRADERS RARELY COMPETENCY DOGS ARE COMMONLY TRANSPORTED IN A CRUEL WAY IN THE DOG MEAT TRADE INCLU

43、DING WITHOUT FOOD OR WATERIN THE DOG MEAT TRADE, DOGS ARE COMMONLY SLAUGHTERED/KILLED IN WAYS THAT HURT, CAUSE FEAR AND STRESS AND DEATH INVOLVES SUFFERINGCARCASSES ARE COMMONLY BUTCHED UNDER FILTHY CONDITION AND WITHOUT DEATH BEING CONFIRMTHE DOG MEAT TRADE COMMONLY INVOLVES ACTIVITIES THAT CAUSE S

44、UFFERING, MUTILATION AND POISONINGABUSE, NEGLECT AND TORTURE (ANIMAL CRUELTY) IN THE DOG MEAT TRADEGOVERNMENT REGULATION (PERATURAN PEMERINTAH (PP)PP NO 95 OF 2012 CONCERNING VETERINARY PUBLIC HEALTH AND ANIMAL WELFARE83 (1)Animal welfare is applied to every type of animal whose survival depends on

45、humans, including vertebrate and invertebrate animals that can feel painIN BALI, DOGS DEPEND ON HUMANS FOR SURVIVAL THIS MEANS THIS LAW APPLIES TO DOGS IN THE DOG MEAT TRADE83 (2) Principles of animal Freedoms83 (4)Activities as referred to in 83 (3) must be carried out by people who have competency

46、 in animal welfare83 (3)The principle of animal Freedoms is applied to catching and handling; placement and caging; care and maintenance; transport; use ; proper treatment and protection of animals ; and slaughtering and killingTHE DOG MEAT TRADE COMMONLY VIOLATES FIVE FREEDOMSDOG MEAT TRADERS DONT

47、HAVE DEMONSTRABLE COMPETENCY IN ANIMAL WELFARE!DOGS REGULARLY SUFFER MILD ABUSE IN THE DOG MEAT TRADE INCLUDING IN THE CATCHING TRANSPORTING, CONFINEMENT, AND SLAUGHTERDOGS REGULARLY SUFFER SERIOUS ABUSE IN THE DOG MEAT TRADE INCLUDING IN THE CATCHING TRANSPORTING, CONFINEMENT, AND SLAUGHTERIF THE D

48、OG MEAT TRADER OWNS THE DOGS HE IS BEING CRUEL TO, THE DOGS CAN BE FORFEITEDDOGS ARE COMMONLY STOLEN IN THE DOG MEAT TRADEDOGS ARE COMMONLY STOLEN IN THE DOG MEAT TRADE AND COMMONLY SUFFER MILD ABUSE AND SERIOUS ABUSE INCLUDING DEATHDOGS ARE COMMONLY TRANSPORTED IN A CRUEL WAY IN THE DOG MEAT TRADE

49、INCLUDING WITHOUT FOOD OR WATERDOGS IN THE DOG MEAT TRADE ARE COMMONLY ABUSE AND MISUSEANY PERSON WHO KNOWS THIS IS HAPPENING MUST REPORT TO THE AUTHORITYTHE DOG MEAT TRADE REGULARLY INVOLVES INHUMANE CATCHING AND HANDLING, PLACEMENT AND CONFINEMENT, TRANSPORTTHE DOG MEAT TRADE REGULARLY INVOLVES IN

50、HUMANE CATCHING AND HANDLING, PLACEMENT AND CONFINEMENT, CARE AND PROTECTION, TRANSPORT, ANIMAL USE, SLAUGHTERING AND KILLING, AND ANIMAL TREATMENTTHIS LAW APPLIES TO DOGSDOGS ARE ANIMALS COVERED BY THIS LAW. THE DOG MEAT TRADE COMMONLY VIOLATES FIVE FREEDOMS (A-G)DOG MEAT TRADERS RARELY COMPETENCY

51、DOGS ARE ANIMALS COVERED BY THIS LAW. THE DOG MEAT TRADE COMMONLY VIOLATES (A-G) DOG MEAT TRADERS RARELY COMPETENCY DOGS ARE COMMONLY TRANSPORTED IN A CRUEL WAY IN THE DOG MEAT TRADE INCLUDING WITHOUT FOOD OR WATERIN THE DOG MEAT TRADE, DOGS ARE COMMONLY SLAUGHTERED/KILLED IN WAYS THAT HURT, CAUSE F

52、EAR AND STRESS AND DEATH INVOLVES SUFFERINGCARCASSES ARE COMMONLY BUTCHED UNDER FILTHY CONDITION AND WITHOUT DEATH BEING CONFIRMTHE DOG MEAT TRADE COMMONLY INVOLVES ACTIVITIES THAT CAUSE SUFFERING, MUTILATION AND POISONINGABUSE, NEGLECT AND TORTURE (ANIMAL CRUELTY) IN THE DOG MEAT TRADEGOVERNMENT RE

53、GULATION (PERATURAN PEMERINTAH (PP)PP NO 95 OF 2012 CONCERNING VETERINARY PUBLIC HEALTH AND ANIMAL WELFARE cont.MANY DOG MEAT TRADERS MAKE FALSE, UNSCIENTIFIC CLAIMS ABOUT HEALTH BENEFITS OF EATING DOG MEAT, INCLUDING CURING ILLNESSProhibits use of animals beyond their capabilities or use of body pa

54、rts / organs for purposes other than medicalIN THE DOG MEAT TRADE, DOGS ARE COMMONLY SLAUGHTERED/KILLED IN WAYS THAT HURT, CAUSE FEAR AND STRESS, AND DEATH INVOLVES SUFFERINGCARCASSES ARE COMMONLY BUTCHERED USING FILTHY TOOLS/EQUIPMENT AND WITHOUT DEATH BEING CONFIRMED95(1) Provides the principles o

55、f animal Freedoms in relation to slaughtering and killing animals; need for clean tools and equipment, and confirming deathTHE DOG MEAT TRADE COMMONLY INVOLVES ACTIVITIES THAT CAUSE UNNECESSARY SUFFERING, MUTILATION, AND POISONING RESULTING IN DISABILITY, INJURY AND DEATH99 (1)Prohibits activities c

56、ausing unnecessary suffering to an animal; mutilating an animal; and poisoning an animal including any resulting disabilities, injury and/or deathTHEFT; BUYING AND SELLING STOLEN GOODS; REPEATED RECEIVING STOLEN GOODS IN THE DOG MEAT TRADEBali local media coverage of dog theft cases to be supplied t

57、o dog meat traders THEFT; BUYING AND SELLING STOLEN GOODS; REPEATED RECEIVING STOLEN GOODS IN THE DOG MEAT TRADEINDONESIAN CRIMINAL CODE362 Theft BY LAW DOGS ARE GOODS DOGS (GOODS) ARE COMMONLY STOLEN IN THE DOG MEAT TRADE 481Repeated receiving of stolen goods480Buying and selling stolen goodsIT IS

58、COMMON KNOWLEDGE THAT DOGS IN THE DOG MEAT TRADE ARE OFTEN STOLENBUYERS OF DOGS AND DOG MEAT SHOULD REASONABLY SUSPECT THEY ARE BUYING STOLEN GOODSDOG MEAT TRADERS MAY REGULARLY RECEIVE STOLEN DOGS OR MEAT (GOODS) FOR THEIR DOG MEAT OUTLETSREGULAR BUYERS OF DOG MEAT MAY BE REGULARLY RECEIVING STOLEN

59、 GOODSFOOD SAFETY AND INTEGRITY AND TRADING DANGEROUS GOODS IN THE DOG MEAT TRADEFOOD SAFETY AND INTEGRITY AND TRADING DANGEROUS GOODS IN THE DOG MEAT TRADEFOOD SAFETY AND INTEGRITY IN THE DOG MEAT TRADESTATUTORY LAW (UNDANG UNDANG (UU)UU NO 18 OF 2012 CONCERNING FOODDOG MEAT IS NOT FOOD UNDER INDON

60、ESIAN LAW BUT IT CAN CONTAMINATE FOOD AND BE SOLD ILLEGALLY AS FOOD INCLUDING BY FRAUDMANY DOG MEAT TRADERS SELL OTHER TYPES OF MEAT THAT ARE FOOD UNDER INDONESIAN LAWDOG MEAT IS OFTEN PROCESSED IN HIGHLY UNSANITARY CONDITIONS AND THE DOG MEAT MAY CONTAMINATE THE LEGITIMATE FOOD PRODUCTS ON SALE86 (