Designing a modern legislation on stray dogs OIE Regional Workshop on (national strategy) stray dog

population management for Balkan countries Bucharest, Romania, 17-19 June 2014

Dr. Stanislav RALCHEV OIE SRR Brussels

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Legislation

• There is not an universal legislation • Why?

o There is a legal text only if a problem exists

o A technical solution needs to be addressed

• To transfer the technical solution into a legal text there is always a risk • Better addressing the problem by existing technical tools

• Better adapting considering the local circumstancess

• Political risk (for example, if the solution is to implement a specific control measure

there is a need of legal text)

• If there is no text = there is no action!!!

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Scheme of the process

Identify the problem

Define a technical solution

Transfer the technical solution into a legal text (a national strategy should be developed)

Legal text (addressing the problem in its source)

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Veterinary legislation

• Legislation is a key element in achieving good governance (OIE

Terrestrial Animal Health Code, Chapter 3.4.)

• Veterinary legislation (VL) – ensemble of all legal instruments necessary for the governance of the veterinary domain

• General principles: • Respect of hierarchy of legislation (primary and secondary legislation)

• Legal basis (VL consistent with national and international law)

• Transparency (Competent Authorities (CA) should ensure proper communication)

• Consultation (CA should establish relationship with stakeholders)

• Quality of legislation and legal certainty (VL should be clear, coherent, stable and transparent to protect citizens)

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Veterinary legislation

• Competent Authorities (should be legally mandated, capacitated and

organised to ensure that all necessary actions are taken quickly and coherently to address effectively):

• Animal health

• Public health

• Animal welfare

• Where more than one CA is involved a reliable system of coordination and cooperation should be in place (environmental,

food safety, or other public health matters)

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Coordination capabilities

• Internal coordination (clear chain of command)

• External coordination (the capability of the Veterinary Service to coordinate its resources and activities (public and private sectors) at all levels with other relevant authorities as appropriate, in order to implement all national activities) – cc

1.6. B of the OIE PVS

• Different responsibilities of different Competent Authorities under the Veterinary Legislation

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Veterinary legislation and Animal Welfare (1)

• Veterinary Legislation should provide a basis for actions to address the animal welfare related requirements • Legal definition of cruelty as an offence

• Provisions for direct intervention of the CA in the case of neglect by animal keepers

• To understand the juridical status of animals (animals are sentient being in accordance with art.13 of the Lisbon treaty)

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Veterinary legislation and Animal Welfare (2)

• The VL should include a basis for actions to address the requirements in OIE Chapter 7.7. and, as appropriate:

• Prohibition of abandonment of animals

• Management of abandoned animals o including transfer of ownership

o veterinary interventions

o euthanasia

• “Euthanasia of dogs, used alone, is not an effective control measure”

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Legislation on stray dogs

• Covering following aspects: • registration and identification of dogs and licensing of dog

breeders

• vaccination against rabies and other preventive measures against zoonotic diseases

• veterinary procedures (e.g. surgical procedures)

• control of dog movement (national and international)

• control of dangerous dogs

• regulations on the breeding and sale of dogs

• environmental controls (e.g. abattoirs, rubbish dumps, dead stock facilities)

• regulation of dog shelters

• animal welfare obligations of owners and authorities

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Legislation on stray dogs

• What is existing: • OIE Terrestrial Animal Health Code – Chapter 7.7. on stray dog

population control

• Council of Europe – 5 Conventions on AW (Protection of companion animals (CETS 125) – sets standards on keeping, breeding and killing)

• European Commission – no specific EU legislation on stray dog management

• Drafting of legislation process: • Identify what is existing

• Identify what is missing

• Identify what is out ended

• From what is existing what is good and what is not etc.

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Legislation on stray dogs

• Define clear responsibilities and competencies:

• Veterinary Authority (enforcement of legislation, technical advice to prevent endemic

zoonotic diseases but organising and/or supervising dog control schemes can be the responsibilty of NGO’s and other gov. agencies)

• Other government agencies (public health agency, environment protection, public

safety)

• Private sector veterinarians (key role in disease surveillance plans, diseases

notification, animal abuse or mistreatment, responsible ownership promotion)

• NGOs (public awarenesss and understanding, resources attraction, responsible ownership promotion

& educatiion)

• Local government authorities (competencies on public health, environmental health

& higyene, legislation enforcement & control, subsidised neutering schemes)

• Dog owners (satisfaction of physical and behavioural needs, public health and security,

reproductive control, identification & registration)

• The good external coordination is crucial

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Public Health

Services

Ministry of

Justice

Wildlife and

Environmental

Agencies

Private Vets

Local authorities (Municipalities)

Dog owners

Responsibilities and competencies under legislation on stray dogs

Veterinary

Services

Legislation

on stray dogs

Ministry of

interior (Police)

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Relevant OIE Chapters

• Chapter 3.4. Veterinary legislation

• Chapter 4.1. General principles on identification and traceability of live animals

• Chapter 4.2. Design and implementation of identification systems to achieve animal traceability

• Chapter 7.7. Stray dog population control

• Chapter 8.1. Infection with rabies virus

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PVS

Gap Analysis

PVS

Evaluation

PVS Pathway

Follow-Up

Missions

Veterinary

Legislation

Public / Private

Partnerships

Veterinary

Education

« Diagnosis » « Prescription »

« Treatment »

The OIE collaborates with governments,

donors and other stakeholders

including

Veterinary Services’

Strategic Priorities

The OIE PVS Pathway

Laboratories

Support to countries

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OIE Veterinary Legislation Support Programme

• The OIE conducts missions to help governments that wish to modernise the national veterinary legislation and thereby help the veterinary services to meet the OIE standards.

• Veterinary legislation support programme includes • Identification mission

• Longue term collaboration under formal agreement with objective to modernise the national VL

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Main challenges

• The complexity of the problem

• Too many different actors involved

• Crossing of different interests

• Consent amongst all actors

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Potential key solutions

• Consultation with stakeholders (a General principle of the Veterinary legislation)

• Develop consensual plan and try to find the appropriate level of acceptability amongst stakeholders

• “Every regulation is repressive” (more education, awareness and support would help for better acceptability by stakeholders and general public)

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Thank you for your attention!