ACKNOWLEDGING SENTIENCE: GIVING MEANING TO ANIMAL WELFARE. Appendix A. f ~'~..~ ~~V ~ _

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1 f ~'~..~ ~~V ~ _ ACKNOWLEDGING SENTIENCE: GIVING MEANING TO ANIMAL WELFARE Appendix A World Society for the Protection of Animals 18 Heather Street, Parnell, Auckland September 2012 Pagei

2 Table of Contents Overview...1 Purposeof paper...1 Historicaltrends... 1 WSPA's policy... 2 NewZealand's opportunity... 2 NewZealand Law in Practice: Implications for Animal Welfare... 3 Introduction... 3 Sentienceand animals... 3 Sentience as the basis for animal welfare... 3 Sentience as a simplified baseline... 3 Sentience as a developing field... 4 Sentience as a holistic approach... 4 Sentience provides meaning... 4 OtherCountries' Legislation... 5 Bosniaand Herzegovina... 5 Chile... 5 CzechRepublic... 5 Hungary... 5 Latvia... 5 Monaco... 5 Nicaragua... 5 Poland... 6 Serbia... 6 Slovenia... 6 Tanzania... 6 WayForward for New Zealand Law: WSPA's Submissions...7 Legislativeaction... 7 AnimalWelfare Strategy... 7 AnimalWelfare Act References... 8 Page ii

3 Overview Purpose of paper The purpose of this paper is to: Consider the developing science of animal sentience and its importance in policy development in relation to animals. Propose changes to the Animal Welfare Act 1999 to include reference to sentience. Request that the new Animal Welfare Strategy clearly states that New Zealand acknowledges the sentience of animals. Western cultures are increasingly becoming concerned with matters of animal welfare, and this is recognised through policy development in relation to issues such as farming, the licensing of domestic dogs and the banning of certain practices such as fur farming and fighting animals. With animals receiving escalating media coverage, and society's growing awareness of the suffering which can be caused to animals due to human neglect or cruelty, it is becoming clearer that science has a key role in informing debate in relation to the protection of animals. "Animal sentience" refers to the fact that animals can feel pain and suffer, but also experience positive emotions such as joy and pleasure. Studies have found many animals to be capable of complex emotions which are often thought to be unique to humans, such as grief, empathy and jealousy. The scientific understanding of animal sentience is based on decades of research and evidence from neuroscience and cognitive ethology. With the sentience of animals being proved through science, it has become an important foundation for the development of animal protection policy. New Zealand has always prided itself on having some of the best animal welfare laws in the world. There is an opportunity now to include sentience language in the new Animal Welfare Strategy and the Animal Welfare Act review, thereby keeping New Zealand at the forefront of animal protection policy and legislation. Historical trends Over the last years, the science of animal sentience has grown in popularity among biologists and specifically neuroscientists (Duncan, 2006). The belief that at least mammals are sentient beings, capable of experiencing emotions and feelings, has been accepted by some since scientific records began. Since then, in line with the development of the field of animal welfare, animal sentience has grown to be an important and popular area of science. Following the publication of the influential book "Animal machines" (Harrison, 1964) and the follow up investigation by the British Government (Brambell Committee, Command Paper 2836, 1965), scientists gradually accepted the importance of animal feelings in their welfare assessments (Dawkins, 1990; Duncan, 1987, 2006). This eventually grew into the recognition that governs the field today, which is that welfare is primarily concerned with animal feelings (Duncan, 1996, 2004). As a result of this increased attention and funding in the area of animal sentience and developments in neuroscience, scientists have discovered an increasing amount about what animals are capable of experiencing. To date, most research has focused on vertebrates. It is now commonly accepted that all vertebrates are sentient due to the universal presence of a central nervous system and the similarity of the neurons and brain structure across the taxa (Boyle, 2009). This means that vertebrates are capable of feeling pain and do so in a similar way to humans (Turner, 2006), that they experience fear and distress, and that they can suffer from psychological disorders such as depression and post traumatic stress Page 1

4 syndrome (e.g. Ferdowsian et al, 2011). Understanding how an animal suffers and the emotions it experiences is instrumental in developing animal welfare policies and practice. In the last decade, scientists have been researching the capacities of invertebrates, and research to date has suggested that at least complex invertebrates such as cephalopods may be capable of suffering (Elwood and Appel, 2009; Mather, 2008; Sherwin, 2001). Knowledge of these and other invertebrate species is growing and, as technology advances, scientists are increasingly able to better understand what other species can feel. WSPA's policy The World Society for the Protection of Animals (WSPA) believes that concern for animal welfare is driven by the understanding that animals are sentient beings and that their feelings matter. WSPA strongly believes that this knowledge should be a fundamental consideration in the treatment of animals. Consequently, WSPA proposes that animal sentience is acknowledged in the formulation of all policy and legislation affecting animals to ensure that their protection is based on the understanding that they are sentient beings with intrinsic value and not simply raw materials. New Zealand's opportunity New Zealand does not at present explicitly recognise the sentience of animals as part of its current Animal Welfare Strategy or in the Animal Welfare Act The current review of these documents is the perfect opportunity to ensure that animal sentience is explicitly included and recognised as the cornerstone of the protection of animals. The insertion of sentience language within New Zealand's prevailing animal law and overarching strategy would bring the country into line with those which have already taken this important step forward for animal welfare, and act as a guiding example to other countries whose standards fall behind. Page 2

5 New Zealand Law in Practice: Implications for Animal Welfare Introduction Scientific findings have led to developments in moral and ethical thinking regarding the place of animals in society and how we should use or protect them. The animal kingdom is full of interesting and varied species, and much has been discovered about the biological or responsive similarity some animals have to human beings, or the surprising sophistication of certain species' behaviour and responsiveness to their environment and to other animals. These advances in science are continuing to grow and to feed into greater understanding and the development of ethical concepts. Today we have a much greater sense of our responsibility towards animals, and this is captured in the enactment of legislation protecting their needs and preventing unnecessary suffering. Simple insertion of sentience language in key texts can ensure that legislators base the formulation of policy on scientific fact, and that the public are clear as to the importance of such laws. Sentience and animals Sentience as the basis for animal welfare It is acknowledged that animal welfare is primarily concerned with feelings, and it is the ability of animals to feel pain and joy that gives rise to the concern for their welfare (Duncan, 1996, 2004, 2006). If animals were automatically responding to stimuli without experiencing any emotion there would be no reason for concern. However, animals are sentient beings and, as a result, their feelings need to be considered. In practice, animal sentience is a key part of animal welfare investigations. Such research is based on assessing how positive or negative an animal is feeling. The inclusion of sentience in legislation is therefore essential to mirror what is recognised by animal welfare scientists and what is both the guiding and underlying principle of their animal welfare research. Sentience as a simplified baseline Sentience is known to be applicable to all vertebrates and there is reason to believe that some invertebrates, such as cephalopods, are also sentient (Duncan, 2006; Littin and Mellor, 2004; Mather, 2008; Sherwin, 2001). Using sentience as the criterion by which protection is merited provides clear and stable parameters, ensuring all beings capable of suffering are protected regardless of their function. For example, a rabbit would be protected to some extent because the rabbit is a sentient being, regardless of whether the rabbit is a pest, a research subject or a pet. Using sentience as a baseline for awarding protection reduces the risk of speciesism because it protects an animal on the basis of its capacity to feel, rather than on its function or cognitive ability. On occasion, higher cognitive abilities such as theory of mind and language have been used as a basis for advocating for the rights of certain species such as the great apes (Cavalieri and Singer, 1993). However, an animal's ability to suffer has been shown not to be reliant on cortex or total brain size (Boyle, 2009). Determining protection on the basis of cognitive abilities can be detrimental to animal welfare. If species that are deemed cognitively advanced are automatically credited with protection, what does that mean for those that are not and where would the line be drawn (Mendl and Paul, 2004)? Page 3

6 Using sentience as a baseline both creates a stable argument for why animals deserve legislative protection and indicates those which should be included. If sentience language is not inserted into key legislation, it undermines the rationale of the law and allows for interpretation in regard to when it is applicable and to which animals. Where animal laws acknowledge sentience, it demonstrates to the public that the treatment of animals should be based on the understanding that their feelings matter to us and to them. Sentience as a developing field Sentience is a developing science and over the last 40 years an increasing amount of research has been undertaken in this area (Bekoff, 2005; Duncan, 2006). As a result, there is a greater understanding of the capabilities of animals and where in the animal kingdom sentience lies (Boyle, 2009; Broom, 2007; Duncan, 2006). This knowledge continues to grow, which means that legislation relating to animals needs to be flexible in terms of which species are protected. Sentience as a holistic approach Increasingly, it is understood that good animal welfare is about more than just the avoidance of negative experiences for an animal, and is also about the provision of pleasurable ones (Balcombe, 2009; Mellor, 2012). This is the very definition of animal sentience that animals are capable of feeling positive and negative emotions and experiences and that these matter to them (Broom, 2007). It is therefore necessary for reference to animal sentience to be included within legislation to demonstrate an understanding and acknowledgement that animals have an interest in living a good life not just one that is free from suffering but also one that is rich with positive experiences (Mellor, 2012). Sentience provides meaning Describing animals as emotional beings capable of a range of experiences provides value and meaning to discussions regarding their welfare. The term "sentience" and what it represents can help to ensure that animals are viewed by the public as emotional and feeling beings rather than as commodities. Sentience language can be a powerful tool to evoke empathy and compassion towards animals, which in turn is beneficial in encouraging compliance with legislation and reducing the need for enforcement. Page 4

7 Other Countries' Legislation Bosnia and Herzegovina Law on Animal Protection and Welfare (2009) The provisions of the Law recognise that all animals with developed senses and nervous systems can register sense stimulants which can lead to the sensation of pain, and protection extends to any other living organism for which there is no certainty of having non sentient characteristics. Chile Law 20,380 (2009) Animals are recognised in the Law as living and sentient beings. Czech Republic Animal Protection Act (1992) The Act includes the following definition: "'suffering of an animal' means any condition of an animal caused by any stimulus or intervention, which the animal is incapable of relieving itself of and which causes pain, injury, health disorder or death to the animal." Hungary The Protection and Humane Treatment of Animals Act (1998) Chapter 1 of the Act states that the Act was created based on the Hungarian government's knowledge that "animals are capable of experiencing feelings, suffering and joy, and that their respect and the assurance of their comfort is a moral obligation of mankind". In recognition of the great value "the whole of the fauna and its constituent individuals represent for humanity", the intention of the Act is to encourage the Hungarian Republic to "take an active part in the international efforts made for the protection and forbearance of animals; in order to ensure the rational protection and humane treatment of animals". Latvia Animal Protection Law (2000) The opening paragraph of the Law states: "The ethical obligation of humankind is to ensure the welfare and protection of all species of animals, because every unique being is in itself of value. A human being has a moral obligation to honour any creature, to treat animals with empathic understanding and to protect them. Without a substantiated reason no one is permitted to kill an animal, to cause it pain, create suffering or to otherwise harm it." Monaco Law 1128 (1989) Article 1 of the Law states: "Animals are sentient beings which must be respected, cared for and protected." Nicaragua The Protection and Welfare of Pets and Domesticated Wild Animals (2010) There is reference to animal sentience in the law. Page 5

8 Poland Animal Protection Act (1997) The Act clearly states that animals are living creatures capable of suffering. Serbia Animal Welfare Law (2009) The Law protects all vertebrate animals which are "capable of feeling pain, suffer and stress". Slovenia Animal Protection Act (2007) The Act is applicable to all animals whose senses are responsive to external stimuli and have a developed nervous system to feel painful external influences. The Act will consistently be implemented for vertebrate animals, and for other animals in relation to the level of their sensitivity, in accordance with established experience and scientific knowledge. Tanzania Animal Welfare Act (2008) The Act recognises that animals are sentient beings. Page 6

9 Way Forward for New Zealand Law: WSPA's Submissions Legislative action Simple additions will ensure that sentience is reflected in the text of New Zealand's Animal Welfare Strategy and the Animal Welfare Act, serving as a reminder to those responsible for animals or required to enforce animal laws of the necessity for protection. Suggestions are outlined below. Animal Welfare Strategy A clear statement should be included in the Animal Welfare Strategy that expresses New Zealand's moral and scientific desire to protect the welfare of animals. WSPA proposes the following wording: New Zealand recognises and appreciates that advances in science have led to an understanding that animals are sentient beings, capable of experiencing feelings such as pain and suffering, joy and pleasure, and are therefore deserving of legal protection. New Zealand will look to formulate laws and develop policies that reflect these developments in science and recognise the importance of understanding the animals we live alongside. Animal Welfare Act 1999 The long title states: An Act (a) ill treatment; to reform the law relating to the welfare of animals and the prevention of their and, in particular, (i) to require owners of animals, and persons in charge of animals, to attend properly to the welfare of those animals: (ii) (iii) (iv) (v) to specify conduct that is or is not permissible in relation to any animal or class of animals: to provide a process for approving the use of animals in research, testing, and teaching: to establish a National Animal Welfare Advisory Committee and a National Animal Ethics Advisory Committee: to provide for the development and issue of codes of welfare and the approval of codes of ethical conduct: (b) to repeal the Animals Protection Act 1960 WSPA proposes that the following should be inserted after "An Act": (aa) to recognise that all sentient beings are capable of feeling positive and negative emotions and are therefore deserving of protection wherever possible: It is also suggested that the definition of "animal" in section 2 should be amended to read: (a) means any sentient live member of the animal kingdom that is Page 7

10 References Balcombe, J. (2009). Animal pleasure and its moral significance. Applied Animal Behaviour Science 118(3 4), doi: /j.applanim Bekoff, M. (2005). Animal Emotions and Animal Sentience and Why They Matter: Blending "Science Sense" with Common Sense, Compassion and Heart. Conflict. Boyle, E. (2009). Neuroscience and Animal Sentience. Neuroscience (March), Brambell Committee. (1965). Report of the Technical Committee to Enquire Into the Welfare of Animals Kept Under Intensive Livestock Husbandry Systems. London: National government publication. Broom, D.M. (2007). Cognitive ability and sentience: which aquatic animals should be protected? Diseases of aquatic organisms 75(2), Cavalieri, P. and Singer, P. (1993). The Great Ape Project: equality beyond humanity. St Martin's Press, New York. Dawkins, M. (1990). From an animal's point of view: motivation, fitness, and animal welfare. Behavioral and Brain Sciences 13, Duncan, I.J.H. (1987). The welfare of farm animals: an ethological approach. Science progress 71, Duncan, I.J.H. (1996). Animal welfare defined in terms of feelings. Acta Agriculturae Scandinavica. Section A. Animal Science Supplement 27, Duncan, I.J.H. (2004). A concept of welfare based on feelings. In Benson, G.J., Rollin, B.E. (eds), The Well Being of Farm Animals: Challenges and Solutions. Blackwell, Iowa, pp Duncan, I.J.H. (2006). The changing concept of animal sentience. Applied Animal Behaviour Science 100, Elwood, R.W. and Appel, M. (2009). Pain experience in hermit crabs? Animal Behaviour 77(5), Ferdowsian, H.R., Durham, D.L., Kimwele, C., Kranendonk, G., Otali, E., Akugizibwe, T., Mulcahy, J.B. et al. (2011). Signs of mood and anxiety disorders in chimpanzees. PLoS ONE 6(6). Harrison, R. (1964). Animal machines: the new factory farming industry. Vincent Stuart Publishers Ltd, London. Littin, K.J. and Mellor, D. (2004). Animal welfare and ethical issues relevant to the humane control of vertebrate pests. New Zealand Veterinary Journa152(1), Mather, J. (2008). Cephalopod consciousness: behavioural evidence. Consciousness and cognition 17(1), Mellor, D.J. (2012). Animal emotions, behaviour and the promotion of positive welfare states. New Zealand Veterinary Journal 60(1), 1 8. Mendl, M. and Paul, E.S. (2004). Consciousness, emotion and animal welfare: insights from cognitive science. Animal Welfare 13(1), Sherwin, C.M. (2001). Can Invertebrates Suffer? Or, How Robust is Argument by Analogy? Animal Welfare 10(Supplement), Turner, J. (2006). Stop Look Listen Recognising the Sentience of Farm Animals. World Farming. Petersfield. Page 8