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TROUBLED WATERS - Whale and Dolphin Conservation Society

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international state practice or customary norm whereby animals that are slaughtered commercially for<br />

meat must not suffer at the time of death, must be rendered immediately insensible, <strong>and</strong> are required<br />

to be stunned or anaesthetized before killing (Gregory <strong>and</strong> Lowe 1999). Some of these laws have<br />

been in place for many years. Moreover, these laws are relatively consistent. In Gregory <strong>and</strong> Lowe’s<br />

1999 study, 27 countries surveyed required instantaneous insensibility before death. In most cases,<br />

this required a ‘stunning’ process which when applied to an animal, caused immediate loss of<br />

consciousness that lasted until death 1 . Furthermore, most states specified the equipment to be used<br />

for stunning <strong>and</strong> further required that slaughter personnel were specially trained. Gregory’s research<br />

also demonstrated that regulations concerning slaughter were sometimes more stringent when the<br />

meat was exported than when it was consumed locally, indicating that, even when local st<strong>and</strong>ards are<br />

laxer than the international norm, a clear international norm is recognized.<br />

The World Organization for Animal Health or OIE (Office International Des Epizooties) is an intergovernmental<br />

organization set up under an international agreement on 25 January 1924, originally<br />

signed in Paris by 28 countries. By May 2001, the OIE had a total of 158 members. The OIE has<br />

recently adopted a resolution on animal welfare 2 . It has set up the Working Group on Animal<br />

Welfare to develop international st<strong>and</strong>ards for humane slaughter, transportation, <strong>and</strong> housing <strong>and</strong><br />

management for animals used in agriculture <strong>and</strong> aquaculture.<br />

The European Union has also passed Community-wide legislation on the protection of animals,<br />

which includes mechanisms for safeguarding their welfare at the time of slaughter (EU 1993).<br />

These international <strong>and</strong> national legal developments in humane care for animals indicate that there is<br />

an emerging international customary norm regarding the slaughter of animals sold commercially as<br />

meat; <strong>and</strong> that, this practice may be sufficient to have become customary law. However, the<br />

International Whaling Commission (IWC) does not yet have specified rules governing the<br />

commercial slaughter of whales.<br />

An assessment of the welfare potential of livestock slaughter <strong>and</strong><br />

whale killing methods<br />

Scientists have defined the term ‘suffering’ in animals to mean a “wide range of unpleasant emotional<br />

states” (Dawkins 1980) including fear, frustration <strong>and</strong> pain. ‘Pain’ has been defined as an aversive<br />

sensation <strong>and</strong> feeling associated with actual or potential tissue damage (Broom 2001, Iggo 1984).<br />

Physiological, behavioural <strong>and</strong> learning responses show that feelings of pain exist in many species<br />

(Broom 2001). An assessment of the welfare potential of a husb<strong>and</strong>ry system or practice is<br />

increasingly used to evaluate different methods of keeping <strong>and</strong> h<strong>and</strong>ling food animals (e.g. Tansey &<br />

D’Silva 1999, CIWF Trust 2002, WSPA 2003). Major concerns for animal welfare arise from<br />

husb<strong>and</strong>ry practices with low welfare potential i.e. those that fail to meet the behavioural <strong>and</strong><br />

physical needs of the animal <strong>and</strong> thereby have the potential to cause pain or suffering.<br />

The welfare potential of any husb<strong>and</strong>ry or slaughter practice is based upon the level to which it fulfils<br />

basic determinants of animal welfare. A determinant is a factor that is built into the system to<br />

influence its welfare impact. Examples of key determinants – building blocks of a good system – for<br />

the slaughter of farm animals include the use of appropriate equipment <strong>and</strong> an effective process to<br />

achieve an immediate pre-slaughter stun. Determinants should not be confused with welfare<br />

indicators. Indicators measure outcomes from the performance of a system. Examples of indicators<br />

A COMPARISON BETWEEN SLAUGHTERHOUSES AND METHODS USED DURING WHALING<br />

93

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