Move to give China's animals legal protection

Draft law moots up to 3 years' jail for cruelty to animals
The Straits Times China Bureau 17 Oct 09;

IN HEILONGJIANG province in 2006, a woman posted a video online showing her killing a kitten by stepping on it repeatedly with high-heeled shoes.

This June, the authorities in the western city of Hanzhong culled more than 30,000 dogs after an outbreak of rabies.

But China's animals - whose rights have traditionally been seen as unimportant - may be in for more humane treatment.

Scholars have just drafted the country's first Animal Protection Law, which could see those committing serious acts of cruelty towards animals jailed for up to three years.

The law - important, its drafters say, in China's harmonious society project - has received applause from animal welfare activists both in China and abroad.

'We've waited so long,' said Madam Wang Liping, 52, who runs a dog shelter in Beijing.

But legal scholars warn of an uphill battle, saying it could be many years and countless amendments before the draft is law. If successful, it will criminalise mistreatment of pets, farm animals, and those used in transport, scientific experiments and films.

And the Chinese Academy of Social Sciences' Professor Chang Jiwen, the draft's key architect, said: 'Most people in our society are against cruelty to animals, so this simply converts these feelings into formal legislation.'

Prof Chang worked on his idea with more than 20 professors and experts for 18 months before posting the draft online for public comment.

China currently has legislation protecting endangered species, but not most other animals.

No action was taken against the cat-killer, as she had not broken any laws. Prof Chang added that the Hanzhong cull would also be illegal under the draft law.

A poll by Chinese portals Sina.com and Sohu.com in June found 80 per cent of respondents favoured some form of anti-cruelty legislation, and 75 per cent wanted those who tortured animals to be criminally prosecuted.

Professor Li Xiaobing of Nankai University warned, however, that some clauses in the draft law are clearly 'ahead of their time'.

For example, one clause requires that animals for food be slaughtered 'humanely, using methods that reduce the pressure, terror and pain', a requirement which could conflict with the lifestyles of many people in rural areas, he said.

At the same time, the draft law is not on the 2008-to-2013 agenda of the National People's Congress, the top legislative body, said Tianjin lawyer Ren Xiufu, 'so it still has a long way to go'.

But Prof Chang, who plans to lobby officials, says: 'Draft legislation can be placed on the agenda at any time... It is very likely the law will be passed within 10 years.'