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THE PITIFUL STATE OF ANIMAL WELFARE LAWS IN JAPAN

There is a law called the Animal Protection and Control Law (1973) but it is primarily designed to protect people from animals, not the other way around. It has no definition of cruelty and the handful of truly terrible cases that have been prosecuted in nearly 30 years have been let off with a paltry 30,000 yen (US$250) fine.

Many more cases of cruelty go unpunished. Like the instance of the lone male sadist who answers newspaper adverts offering free dogs or puppies. He takes them home and slowly tortures and mutilates them, sometimes skinning them alive. Some people report this to the police, but they do nothing. So animal groups prepare prosecution papers. Evidence is collected: a statement from a vet who treated one of the dogs, plus gruesome photos of the mutilated dog and statements from neighbours. A strong case; but it is rejected through lack of evidence and is not considered convincing enough to prove cruelty.

Most people in Japan buy animals from pet shops. Puppies and kittens are taken from breeding farms when they are a month old, loaded into boxes and transported long distances to city pet auctions, before being sold on to pet shops. As they grow bigger, their price drops and when they can no longer turn around in their cages they are taken to the public pound, or killed at the pet shop.

No licensing, no law and no inspection applies to pet shops. Some now deal in so called "exotic pets", like wallabies, penguins, wild cats and birds of prey. Some of these species should be protected by CITES, but there is no law to prosecute a pet shop once animals have entered the country. Even if it were possible it would be hard to find an inspector that could recognise an endangered species.

In Japan stray dogs are classified as public nuisances, unsanitary and disposed of in the same way as garbage. The offices of Public Health and Hygiene, known as Hokenshos, catch dogs using crude wire nooses. The old, the young, the sick and the vicious are all thrown into the same truck where many animals suffocate during the Summer. Others are left outside the Hokenshos by their owners in boxes and plastic bags.

The job of killing is sub-contracted to private companies who earn a profit by supplying animals to laboratories or by selling their meat and hides. The methods of killing range from electrocution, to decompression, gassing, and, until recently, bludgeoning them to death. Now some centres have automated the killing process so that animals don't have to be handled at all. At the press of a button the walls of the kennels move to force dogs into the next cell and eventually into the death cell, untouched by the human hand. Huge amounts of public money have been spent on such pounds, but they are clearly designed for the convenience of people working there, not out of humane consideration for the animals.

This article by

Akira Takeuchi, DVM, PhD
Professor Emeritus, University of Tokyo
Tokyo, Japan

1) Historical background of the legislation for Animal Welfare in Japan

When animal welfare became one of social concern in Japan is generally said to be after the World War II, when large number of stray dogs was the serious social problems. It was 1948, when Japanese Society for Protection of Cruelty to Animals (JSPCA) was first founded and began an active campaign for the importance of Animal Welfare and against the cruelty to animals.

Later on, with the background of increasing importance and social concern for Animal Welfare, the legislation for Animal Welfare was first issued under the name of "the Law for Protection and Management of Animals" as the legislation at the instance of House members in 1973. Under the law, four "Standards of Proper Feeding and Custody of Dogs and Cats, of Animals for exhibition, of Laboratory Animals and of Producing Animals" were issued to show the detail of the concrete way to treat the said animal categories in practice. However, people seriously concerning animal welfare were not satisfied with this legislation from the beginning for their less regulatory power to be expected in the control of cruelty to animals.

During last 25 to 30 years after the law came into force, the increasing shift to an aging society with fewer children and increasing nuclear families have accelerated the interest of people in keeping animals. The significance of animals has been growing not only as pets but also as partners which make people happy. On the other hand, some problems have still been occurring such as improper animal care causing trouble in and harm to neighborhoods, irresponsible owner abandoning animals and the abuse of animals.

Under these circumstances, many Animal Welfare Organizations as well as Japan Veterinary Medical Association have been appealing the urgent need to amend the Law for more effective legislative control of Animal Welfare not only by campaign for enlightenment but also by political movement. Finally, the law was amended in 1999.

As a Chairman of the National Board for Animal Welfare, which played a leading role in the amendment and is responsible in advising the Government for Animal Welfare matters following the law, I would talk about the characteristic features of this new law. In addition, a newly revised "the Standard for Feeding and Custody of Home Animals", which used to be only for dogs and cats, will be outlined also.

2) Characteristic features of the amended legislation for Animal Welfare are as follows

1.  Name of the law was changed with a strong intention of Animal Welfare. The old law was named "Law Concerning the Protection and Management of Animals". While name of the amended law by directly translation is "the Law for Animal AIGO and Management". "AIGO" is a very common Japanese being defined in the dictionary that it mean to think a great deal of with love and is specifically used for animals in such a way as "Animal AIGO". As no English term equivalent to this Japanese is found, English name of this law will be, if we dare to translate the meaning, "the Law for the Humane Treatment and Management of Animals". Although we have a Japanese term "Fukushi" equivalent to "Welfare", it was not used for this law to avoid a possible confusion between human welfare and animal welfare.

2.  The thought that animals are living creatures was introduced in this law for the first time in Japanese legislation. In Japanese general legislation, there are only two categories such as human and article, and animals has been legislatively recognized as article. In Basic principle of this amended law, it was clearly described that people should recognize and respect animals as the living creatures and should consider toward the coexistence of human and animals. This principle was well reflected in many provision throughout this law, and significance of public education on animal nature was particularly emphasized in this regard.

3.  The importance to recognize individual animals by means of name tag, microchips or any other suitable measures was stressed as the owner's responsibility. In Japan, there used to be no legislative recommendation to demonstrate the ownership for their animals, thus there has been no way to follow up the owner of captured animals before. The new regulation is expected to be useful in finding the owner of escaped animals, particularly at the time of disaster.

4.  Notification of the businesses dealing with animals to Governor of prefecture became mandatory for such kind of business as selling, keeping, lending, training and displaying animals. Until the law was amended like this, there has been no regulation for these businesses and any people could set up such business even without any educational background and with unsatisfactory facilities. According to the new law, Governors are authorized to give recommendations or order for the improvement to the business owners if their facilities and / or treatment of animals are found not to be following the standards. Governors can also order on-site inspection to the officials in charge and the administrative disposition when deemed necessary.

5.  As animals to be subjected to penal regulations for abuse and abandonment, reptile was first added to mammals and birds. In consideration to the current situation in which many reptiles have been getting one of major concern of the pet market, the responsibilities of both sellers and purchasers were clearly described from the view point of Animal Welfare.

6.  In order to encourage the concrete activities regarding Animal Welfare at grass root under the policy of the newly amended law, the basic network on prefectural unit was described. Governors of prefecture may commission appropriate persons such as veterinarians and others with necessary knowledge and experiences to "Animal Welfare Promoting Member" to promote the humane treatment of animals. Governor may also organize "the Council for promotion of Animal Welfare" by the cooperation of local veterinary association and authorized animal welfare groups to support the activities of the promoters.

7.  The penal regulation for actions against Animal Welfare became much severer in the amended law. In the old law, penal regulation for abuse and abandonment of animals was 250 US dollars. In order to clear the significance of Animal Welfare, penal regulation for killing animals without good reason is either less than one year penal servitude or fine of less than approximately 8500 US dollars. Penal regulation for animal abuse such as no feeding or no water supply without good reason is less than fine of approximately 2500 US dollars.

3) "The Standard for Feeding and Custody of Home Animals"

In accordance with issue of the amended law, four standards have been in process of reconsideration in order, and the work on "the Standard for Feeding and Custody of Dogs and Cats" has been finished already. The new standard was issued just recently and was followed by the publication of the handbook specifically compiled for this standard. The followings are characteristic features of this standard and the handbook as well.

1.  In order to include all mammals, birds and reptiles kept at home either as pets or companion animals into the subject of this standard, a category of home animals was defined in this standard. Animals kept in school s and welfare facilities are also included in this category as far as animal welfare is concerned.

2.  All owners are obliged to lifelong care taking of their home animals and are strongly requested to think about the family and residential situations for the possible lifelong keeping before they decide to get the animals. In particular, by planning to keep non-domesticated wild animals, very cautious judgment is recommended for the possible lifelong care taking, since the effect of released or escaped wild animals to ecosystem will become serious.

3.  All owners of home animals are requested to specify their ownership by either name tags, leg rings, microchips or any other appropriate method. With the purpose to encourage people to use microchips and to use microchips for Animal Welfare efficiently, non-profit organization, called AIPO, was recently established by four authorized Animal Welfare groups and Japan Veterinary Medical Association and is ready to control the data base on nation wide basis, which will be accessible 24 hours a day by authorized officials and veterinarians .

4.  For comfortable life of home animals, all owners are requested to take following matters into consideration and some concrete guide lines are described for each item. These are appropriate feeding and water supply, quick medical care of sick animals by veterinarians, facilities specifically considering species, physiology and behavior of animals, soiling of surrounding circumstances by excreta and feathers, limitation of number of animals to fit to the circumstance, necessary birth control, circumstance for transportation of animals, possible zoonotic problems, protection of escape, protection of human in case of keeping potentially dangerous animals and finding shelter for both owner and animals at time of disaster.

5.  Dog owners are obliged not to leave dogs loose as well as to pay a careful attention for the length of the rope at the time of keeping on leash or of exercise.

6.  When puppies and kitties are handed over new owner, it is strongly recommended to wait until the age after socialization, which is said to be approximately 12 weeks for dogs and 9 weeks for cats.

7.  Cat owners are obliged to endeavor to keep cats indoors from the view point to protect cats from infections and unexpected accidents. It is also advised that the provision of comfortable space for grooming, hiding, eating and excretion are essential for good mental and physical health when cats are kept indoors.

8.  In consideration of recent increase of animals kept in schools, the schools are obliged to take care of animals under the supervision of veterinarians or other experienced person and to follow this standard to protect any undesirable problems.

4) Law for Animal AIGO and Management

The amended "Law for Animal AIGO and Management" as well as four Standards for Feeding and Custody" of animals in each categories are approved by National Assembly with the supplementary resolution to review them again after five years. Therefore, based upon five years experiences with these amended legislations, we are expected to have an opportunity of the second amendment soon.

Overview - Japanese Animal Welfare Law relating to Laboratory Animals

Animal protection in Japan is based more on ethical codes than on laws and regulations. The laws and regulations that do exist are not enforced by strict punitive measures as are the laws in most Western countries.

The Prime Minister's Office is the competent authority for animal protection laws and regulations in Japan. Japanese animal care and use legislation consists of the Law for the Protection and Management of Animals in 1973 (Law No. 105, October 1, 1973: hereinafter referred to as "the animal protection law") (Law for the Protection and Management of Animals, 1982) and the Standards Relating to the Care and Management of Experimental Animals (Notice No. 6 of the Prime Minister's office, March 27, 1980: hereinafter referred to as "the experimental animal standards") (Standards Relating to the Care and Management of Experimental Animals, 1982). Both the animal protection law and the experimental animal standards apply to all universities and other national and private research institutions, even though institutions may be under the jurisdiction of various government agencies. Japan has no other national or local laws or regulations related to animal care and use. Since the enactment of the animal protection law the Prime Minister's Office has made efforts to educate the public about the moral importance of animal protection.

The standards call for humane handling of laboratory animals during rearing, transport, and experimental procedures, as well as at the completion of experiments. Consideration is also given to conservation of the environment. Animals must be disposed of painlessly after the experiment is completed.

In 1987, the Ministry of Education, Science, and Culture issued a notification called "Animal Experimentation in Universities'' (Notification No. 141 of the Science and International Affairs Bureau, Ministry of Education, Science, and Culture, May 25, 1987; hereinafter referred to as "the ministry notification") (Science Council of Japan, 1981) to the deans of national, public, and private universities throughout Japan. This ministry notification, although not legally binding, is followed by the majority of Japanese universities. Among other measures, it calls for the establishment of an animal experimentation committee by the dean of the university. As a result, all medical schools in Japan have animal experimentation committees, and research protocols involving animals are reviewed in some manner in more than 80 percent of medical schools.

The Ministry of Education, Science, and Culture prepared the ministry notification after carefully deliberating on a 1980 recommendation submitted to the Prime Minister by the Science Council of Japan, to establish animal experimentation guidelines. In connection with the Science Council of Japan and the Ministry of Education, Science, and Culture, the Japanese Association for Laboratory Animal Science (JALAS) published its own "Guidelines on Animal Experimentation'' in 1987 (JALAS, 1987). These guidelines are used by various institutions for reference.

ENFORCEMENT

The animal protection law specifies that "any person who cruelly treats or who abandons a protected animal shall be liable to a fine of not more than 30,000 yen [approximately U.S. $360]." The experimental animal standards have no clear punitive measures. The laws and regulations are not aggressively enforced because animal protection in Japan is not based on legalism and the policy of the government is to promote animal protection through educational activities. However, if researchers do not follow the animal experimentation guidelines of their respective institutions, they are generally issued a severe warning or admonition by the animal experimentation committee. In extreme cases, the director may order research to be suspended. This is part of the "administrative guidance" system in Japan, which, although not legally binding, carries great weight in universities and other institutions with close government connections.

FUNDING

Because the animal protection law has no severe punitive measures or inspection systems, no particular funding is required for its administration.

APPLICABILITY

The experimental animal standards insist that humane animal care is the responsibility of managers of laboratory animal facilities, laboratory animal caretakers, and researchers.

ADMINISTRATIVE METHODS AND THEIR COSTS

As there is no formal requirement in Japanese law for reviewing animal experiments, there is very little administration required. However, the use of animal experimentation committees, as recommended by the ministry notification, has become widespread. The role of the animal experimentation committee is to provide guidance and advice so that animal experiments are performed in accordance with the respective guidelines. The committee must make important decisions concerning the scientific validity and adequacy of animal care in connection with particular protocols. Therefore, the members include several experts in laboratory animal science such as veterinarians, researchers with a wide range of experience in performing animal experiments, and others who are able to make decisions on conformity with related laws and regulations and who are knowledgeable in matters related to ethics and animal welfare. The members are usually appointed by the dean of the university or director of the institution, who bears final responsibility in all matters. Animal experimentation committees are generally made up of individuals from the institution concerned, and the meetings are not open to the public. Investigators must receive approval from the committee in order to conduct animal research.

There are no provisions in Japanese laws or regulations concerning who should pay for costs incurred from meeting the experimental animal standards. The costs concerned appear to be covered by the operating expenses of research institutions.

STRENGTHS AND WEAKNESSES

When viewed by the West, Japanese animal protection laws and regulations appear to contain many loopholes. Details of compliance are left up to the good judgment of the researchers, there are essentially no punitive measures, there is no formal approval system for animal researchers and animal experimentation facilities, and there is no formal system for reviewing animal experiment protocols. Japanese laws and regulations based on researchers' good will have been criticized by animal rights groups, animal welfare groups, and the media. There have also been demands that the laws and regulations be revised.

Japanese society, however, appears to support the level of protection afforded by the current laws and regulations, and it is a good system for ordinary researchers. However, many people connected with the management and operation of laboratory animal facilities would like to see the responsibilities of the heads of research institutions clarified concerning laboratory animal welfare, as well as the inclusion of stricter punitive measures and budgetary provisions.

Researchers in Japan tend to adopt the concept of the 3 Rs of reduction, refinement, and replacement of laboratory animals (Russell and Burch, 1959). At the same time social movements calling for animal rights and welfare are gradually becoming more active. Researchers, government officials, and executives are realizing that international harmonization of experimental animal welfare is becoming necessary. The animal protection law and the experimental animal standards will begin to be revised in the near future and will likely be similar in content to the ministry notification.

CONCLUSION

Japanese laws and regulations are basically ethical codes that rely on the good sense of the researchers and do not contain any strict punitive measures such as those seen in Western countries. While there are many details in the current system in Japan that should be improved, the basic policy as a whole is supported by the general public and functions well as it stands. Japan has a long tradition of animal protection based on the Buddhist teaching against senseless killing as part of its ethical system. Japanese people act according to this fundamental concept of personal morality with little need for laws or regulations. Although modern Japanese society is not known for its religious conviction, each year the biomedical faculties of universities and employees of research institutes that perform animal experiments hold a memorial service for the spirits of the animals sacrificed for biomedical research. This illustrates the widespread influence of Buddhist ethical concepts in Japanese society.

Because of this way of thinking, Japanese people generally accept the importance of living things but also recognize that in some cases, they must be sacrificed. It is not in the Japanese people's character to loudly proclaim their agreement or disagreement. This is perhaps one reason why the animal welfare movement has become vociferous and even extreme in Western countries but has always remained rather subdued in Japan

International Petition to Revise the current animal protection laws in Japan

http://www.thepetitionsite.com/takeaction/287575604?ltl=1172141135

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