A critical legal analysis of elephant welfare and management considerations in South Africa’s environmental law and policy framework.
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Date
2024
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University of the Western Cape
Abstract
Animal welfare refers to the humane treatment, care, and husbandry of animals. To take animal welfare into consideration is to protect and cater to the physical and mental needs of the animal. For many years, the topic of animal welfare has evaded the international and national legal realms. It was viewed as too controversial, and to a large extent, has still not been dealt with directly, globally, and nationally, with a few exceptions. Recently, there have been four cases in South Africa where specific reference has been made to the importance of animal welfare and acknowledgment of the existence of sentience in wild animals. This has been a progressive realisation in the South African judiciary. South African government needs to urgently promulgate comprehensive and holistic legislation that emphasizes the importance of animal welfare to ensure that reserves, parks, and zoos can properly manage wildlife. The 2008 Norms and Standards regulating the Management of Elephants are somewhat progressive with respect to welfare considerations. However, the owners and managers of elephants as well as conservation authorities have been facing challenges regarding the enforcement and implementation of these Norms and Standards. The Department of Forestry, Fisheries and Environmental Affairs (DFFE) proposed that amendments be made to address the challenges.
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Keywords
Animal Welfare, Environmental protection, International Environmental Law, Conservation, Biodiversity