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Lot's Wife Edition 6 2015

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14<br />

POLITICS<br />

BY KIRSTI WEISZ<br />

The conflict of interest<br />

plaguing animal welfare laws<br />

Harrowing stories from Australia’s live export trade often<br />

feature in the news or circulate via social media. These<br />

stories, which are usually presented in the form of heartwrenching<br />

images or ear-piercing videos, demonstrate an<br />

incomprehensible level of cruelty.<br />

One of the most recent clips from Vietnam, where<br />

Australian cattle were being slaughtered with<br />

sledgehammers, was deemed ‘too shocking’ to release<br />

publicly.<br />

Shatha Hamade, a live export investigator for Animals<br />

Australia, not only examines the evidence included in the<br />

formal complaints to the Australian government, but also<br />

witnesses the stories first-hand. She goes overseas to<br />

investigate whether exported animals are handled according<br />

to Australia’s regulations.<br />

In one particular investigation in Kuwait, Shatha was<br />

documenting the illegal sale of Australian sheep in a<br />

notorious livestock market. As she stood and documented<br />

two men putting trussed Australian sheep in the back of a<br />

van, she rested her elbow on the boot of a Toyota Camry to<br />

stable her focus. It was a stifling hot day.<br />

It wasn’t what she heard or saw that startled her, but what<br />

she felt. As she leaned on the boot, she felt frantic kicking.<br />

There were sheep stuffed in the boot.<br />

When asked how she handles witnessing animal cruelty,<br />

Shatha said “when you are in the field, you have to keep<br />

reminding yourself that you are there to document their<br />

plight, to give them a voice, so that their suffering will not be<br />

in vain.”<br />

Not too long ago, the Voices for Animals Bill <strong>2015</strong> was<br />

reintroduced into the Senate by Federal Greens Senator Lee<br />

Rhiannon.<br />

The bill proposes to establish an Independent Office of<br />

Animal Welfare that will, among other things, monitor and<br />

implement regulations concerning the live export trade.<br />

Currently, the Department of Agriculture is responsible<br />

for the welfare of animals exported overseas. However, an<br />

inherent conflict of interest exists as the Department is not<br />

only responsible for animal welfare but also for ensuring the<br />

interests of industries that use animals.<br />

The main animal welfare framework that regulates the live<br />

export trade is the Export Supply Chain Assurance System<br />

(ESCAS). It was implemented following the 2011 public outcry<br />

about the systematic cruelty occurring in Indonesia. ESCAS<br />

allow the Department of Agriculture to hold Australian<br />

exporters responsible for breaches such as when the animals<br />

are taken out of the supply chain.<br />

Now, four years later, very little has been done to<br />

penalise exporters or individuals for these breaches<br />

despite continuing cruelty. While blaming the industry for<br />

transgression may not be the ultimate solution, a greater<br />

focus on detecting and preventing breaches is needed.<br />

Animal welfare frameworks are often plagued by this conflict<br />

of interest, whether in the context of food, entertainment or<br />

science. But how can we enshrine an unbiased approach to<br />

animal welfare?<br />

Broadly speaking there are two main philosophical<br />

approaches to regulating animal welfare. The current<br />

approach aims at working within established systems to<br />

improve the treatment of animals because, like humans, they<br />

can experience pain and suffering. It attempts to balance the<br />

interests of animals and humans to ensure the best outcome<br />

is achieved. However, seeing as animals cannot voice their<br />

opinions, it can lead to their exploitation because an industry<br />

which uses animals may sacrifice animal welfare to ensure<br />

productivity.<br />

An alternative approach sees animals as autonomous<br />

beings that are subjects of rights and therefore cannot be<br />

used as a means to our ends. Adopting this perspective<br />

generally rules out the use of animals which means that the<br />

live export trade cannot continue.<br />

Exporting animals overseas not only contributes<br />

financially to Australia, with $1.4 billion revenue since 2013,<br />

but also employs approximately 10,000 people. So banning<br />

the trade is a massive step that may sacrifice the interests of<br />

the industries involved; a step we may not be ready for.<br />

So, what can be done to balance these interests?<br />

Great support has been shown in the 21st century for animal<br />

protection. It is often referred to as the :next social justice<br />

movement.: Having a system that isn’t properly enforced<br />

undermines its purpose. We know the reports from overseas<br />

reveal cruelty and our aim should at least be to alleviate<br />

it. However, instead of rectifying flaws in the system, the<br />

Department reduced the red tape in the processes to lessen<br />

the burden placed on relevant industries.<br />

We may not be able to find anyone who takes a completely<br />

objective view but perhaps an Independent Office for<br />

Animal Welfare - in charge of monitoring and reviewing<br />

these regulations - can provide a voice to the animals most<br />

vulnerable to our systems of law.

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