Animal Production and Health Division
Development Law Service (LEGN) Legal Office
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Animal Production and Health Division
Development Law Service (LEGN) Legal Office
• Dr Abdoulaye Bouna Niang
1949 - 2010• Toute l’équipe de FAO présente ses condoléances
émues à sa famille, ses collaborateurs et amis.
• Prions pour que son âme repose éternellement en PAIX dans la terre de ses ancêtres au Sénégal.
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Animal Production and Health Division
Development Law Service (LEGN) Legal Office
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Overview
• Setting the global scene
• International framework
• Areas of relevance for animal legislation
• The FAO assistance to prepare legislation on animal health
• General principles of legal assistance
Animal Production and Health Division
Development Law Service (LEGN) Legal Office
• The livestock sector has been undergoing change at an unprecedented pace.
• Demand for animal-source food growing rapidly.
• Estimated human population 2050– 9 billion
• Demand for food of animal origin – Estimated needs by 50%
Setting the Scene
Animal Production and Health Division
Development Law Service (LEGN) Legal Office
• Increase in production?• Increase in efficiency• Impact on rural and peri-urban areas and the
environment• Animal health and poverty alleviation• Animal diseases impact on efficient production and use
of resources– Estimate efficiency losses 25-33%
• ... Trade restrictions
Setting the Scene
Animal Production and Health Division
Development Law Service (LEGN) Legal OfficeRapid industrialization
Low development Slow industrialization
Post-industrial
Human health
Livelihoods
EnvironmentFood
security
Balancing objectives
State of Food and Agriculture 2009
Animal Production and Health Division
Development Law Service (LEGN) Legal Office
ANIMAL DISEASES
Economic risks
Productivity
markets
Livelihoods
Human health
pandemic threats
endemic disease
food-borne illness
Human well-beingState of Food and Agriculture 2009
Animal Production and Health Division
Development Law Service (LEGN) Legal Office
1. Eradicate extreme poverty and hunger
2. Achieve universal primary education
3. Promote gender equality and empower women
4. Reduce child mortality
5. Improve maternal health
6. Combat HIV/AIDS and other diseases
7. Ensure environmental sustainability
8. Global partnership for development
Millennium Development GoalsMillennium Development Goals
Animal Production and Health Division
Development Law Service (LEGN) Legal Office
1. Eradicate extreme poverty and hunger
2. Achieve universal primary education
3. Promote gender equality and empower women
4. Reduce child mortality
5. Improve maternal health
6. Combat HIV/AIDS and other diseases
7. Ensure environmental sustainability
8. Global partnership for development
Millennium Development GoalsMillennium Development Goals
Animal Production and Health Division
Development Law Service (LEGN) Legal Office
Veterinary legislation and international responsibilities of the veterinary authorities
• Country disease status and timely international/regional reporting• Contingency and Emergency plans / biosecurity• National campaigns • Food/consumer safety• Production and Animal Feed quality• Biologicals (National production and importation)• Contribution to academic curriculum (Ministries of Education) and
aspects of professional conduct or continuing education
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Animal Production and Health Division
Development Law Service (LEGN) Legal Office
Veterinary legislation and international responsibilities of the veterinary authorities
• Animal welfare is principally of the purview of VS yet other interests may also be valid and need to be considered.
• International agreements ...– Biological and Toxin Weapons Convention (BTWC;
www.opbw.org)– Convention on International Trade in Endangered Species of
Wild Fauna and Flora (CITES; www.cites.org/)
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Animal Production and Health Division
Development Law Service (LEGN) Legal Office
Tripartite Position Paper April 2010
Animal Production and Health Division
Development Law Service (LEGN) Legal Office
• FAO Multi-professional collaboration
• Animal Production and Health Division (AGAH)• Food Safety and Quality Division (AGN)
• Codex Alimentarius Secretariat
• Natural Resources Division (NR)
Development Law Service (Legal Office)
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Animal Production and Health Division
Development Law Service (LEGN) Legal Office
Holistic, coordinated approaches
Agriculture and
Consumer Protection
Technical Cooperation Department
ForestryFisheries
Natural Resources Management and
Environment
Economic and Social
Development
• Animal Health (including Fisheries)
• Plant Health (including Forestry)
• Food Safety
Animal Production and Health Division
Development Law Service (LEGN) Legal Office
FAO legal assistance in drafting legislation
30 years of experience for a work in progress....
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FAO’s comparative advantages
VPHVPH
Thematic NetworksThematic NetworksWildlifeWildlife
Legal-AHLegal-AH
Holistic approach to disease prevention and control
RehabilitationRehabilitation
Strategic PlanningStrategic Planning GEMP/Contingency planning GEMP/Contingency planning
Socio-economic and AHSocio-economic and AH
Animal Production and Health Division
Development Law Service (LEGN) Legal Office
Food Safety
Feed Abattoirs
Meat, dairy, eggs
Veterinary Drugs
FOOD PRODUCTION CHAIN
Natural resources
Wildlife health and
Conservation
CITES
Livestock and Animal Health legal frameworkLegal areas which need considered
Land
Water
Waste
Animal Health Production
Administrative Law
Animal Production and Health Division
Development Law Service (LEGN) Legal Office
ANIMAL AND FOOD PRODUCTION. A SHARED REGULATORY CHAIN
Animal Production and Health Division
Development Law Service (LEGN) Legal Office
• Animal Production
• Animal Genetic Resources
• Animal Identification
• Animal Health
• Animal Welfare
• Products of Animal Origin
• Slaughterhouses
• Meat Inspection
• Dairy Sector
• Feed
• Veterinary Drugs
• Veterinarian Profession and Veterinary Paraprofessionals
• Prevention and Control Measures for Specific Diseases
– BSE
– Brucellosis
– Avian Influenza
– Swine Fevers
– Foot and Mouth Disease
FAO Legal Office Work in the Veterinary Arena
Animal Production and Health Division
Development Law Service (LEGN) Legal Office
Of great importance to FAO’s work is the insight in compiling and analysing legislation across Ministries to identify discrepancies and ensure harmonisation between laws and legislation
congruency
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Animal Production and Health Division
Development Law Service (LEGN) Legal Office
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Animal Production and Health Division
Development Law Service (LEGN) Legal Office
Methodology for FAO Legal Work
• Collaborative: Suggestions for law reform provided alongside advice from technical experts
• Participatory: stakeholders, to accommodate multiple interests at stake and to foster a sense of ownership in the legislation prepared
• Independent: Disinterested advice drawing on international and comparative experience and based on objective analysis
• Tailor-made: Laws crafted to meet particular needs and concerns of individual countries or specific regions
Animal Production and Health Division
Development Law Service (LEGN) Legal Office
• FAO experience in assessing countries’ ability to develop national and regional veterinary legislation is extensive
• The importance and investment of this effort includes and extends beyond the offices of the Veterinary Service ... some recent examples ...
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Animal Production and Health Division
Development Law Service (LEGN) Legal Office
Examples
Animal Health (Iraq, Maldives, Bahamas, Ecuador, Cape Vert, Tajikistan, Azerbaijan...)
• Draft Law on Animal Health/ Implementing regulations• ... And in specific response to H5N1 AI (2004-2007) advice on
Compensation Strategies in > 30 countriesVeterinary Drugs - Mozambique • Draft Veterinary Drugs LawLivestock Identification - Malawi• Draft Legislation on Establishment of Livestock Identification
SystemAnimal Feed• Suriname - Feed Law• APHCA - Implementing a risk-based preventative approach to mitigating
risks associated with feed safety, including the Codex Code of Practice on Good Animal Feeding (CAC/RCP 54 – 2004) with relevant chapters of the OIE Terrestrial and Aquatic Animal Health Codes.
• Meat -Somalia• Draft Law on Meat Inspection and Control
Animal Production and Health Division
Development Law Service (LEGN) Legal Office
Examples
Veterinary Profession Rwanda• Draft Legislation on the Veterinary Profession
Dairy DevelopmentBarbados• Draft Dairy Development Board Act
Uruguay• Assistance for the revision on Milk and dairy products legislation
Regional Harmonisation• Proposed model regulation on the prevention and control of BSE in Central America• Regional and national legislation on Foot-and-Mouth disease and
approved project to be launched for Classical Swine Fever (Andean Community)
Animal Production and Health Division
Development Law Service (LEGN) Legal Office
Past/closed projects (20 projects, 15 TCP)
On-going projects (15 projects)
New projects (Pipeline) (3 projects)
LEG Map - FAO LEG-AH projects over the past 5 years
The Development Law Service's legislative assistance projects relating to animals fall into three main categories: animal health, regulation of the veterinary profession, and control of veterinary drugs. FAO has also assisted with other legislation falling under the broad heading of “veterinary matters“
Animal Production and Health Division
Development Law Service (LEGN) Legal Office
Development Law Service (LEGN)
Legal Office – FAO
Legislative Studies
2005
2007
20101999
2004
Animal Production and Health Division
Development Law Service (LEGN) Legal Office
Conclusions
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• Legislation is not policy making and cannot substitute policy decisions
• Legislation is necessary to make policy objectives enforceable • Legislation is necessary to set up clear responsibilities and
instruments• International standards (such as the OIE Terrestrial Code or
Codex standards) serve to foster international harmonization (regulatory objectives)
• National legislation should be based on (i) the national legal tradition; (ii) the national legal framework, (iii) the national regulatory objectives.
Animal Production and Health Division
Development Law Service (LEGN) Legal Office
Conclusions
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• Legal processes should be based on legal analyses and involve multi stakeholders consultations
• Legal processes should incorporate capacity building strategies aimed at laws enactment and implementation
• The FAO has extensive experience in assessing countries’ ability to develop national and regional veterinary legislation – in the context of agriculture/livestock development and trade - to implement international standards (such as the OIE Terrestrial Code and STDF efforts of the WTO)
• This assistance is provided by a combination of technical and legal professionals and through the FAO’s Legal Service network at headquarters and decentralised offices.
Animal Production and Health Division
Development Law Service (LEGN) Legal Office
Food and source of
protein
Wealth & welfare
Manure / fuel
Social / religious
Hides
Ploughing / transportation
Trade
Animal Production and Health Division
Development Law Service (LEGN) Legal Office
30http://www.fao.org/legal/advserv/DevLawService.pdf