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FAO activities relevant to veterinary legislation: FAO assistance in drafting

FAO activities relevant to veterinary legislation: FAO assistance in drafting veterinary legislation Juan Lubroth, Chief Veterinary Officer Carmen Bullón , Development Law Service FAO. Dr Abdoulaye Bouna Niang 1949 - 2010

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FAO activities relevant to veterinary legislation: FAO assistance in drafting

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  1. FAO activities relevant to veterinary legislation: FAO assistance in drafting veterinary legislation Juan Lubroth, Chief Veterinary Officer Carmen Bullón, Development Law Service FAO

  2. 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.

  3. 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

  4. Setting the Scene • 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%

  5. Setting the Scene • 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

  6. Humanhealth Foodsecurity Environment Livelihoods Balancing objectives Low development Slow industrialization State of Food and Agriculture 2009 Post-industrial Rapid industrialization

  7. ANIMAL DISEASES Humanhealth pandemic threats endemic disease food-borne illness Economic risks Productivity markets Livelihoods Human well-being State of Food and Agriculture 2009

  8. Millennium Development Goals • Eradicate extreme poverty and hunger • Achieve universal primary education • Promote gender equality and empower women • Reduce child mortality • Improve maternal health • Combat HIV/AIDS and other diseases • Ensure environmental sustainability • Global partnership for development

  9. Millennium Development Goals • Eradicate extreme poverty and hunger • Achieve universal primary education • Promote gender equality and empower women • Reduce child mortality • Improve maternal health • Combat HIV/AIDS and other diseases • Ensure environmental sustainability • Global partnership for development

  10. 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

  11. 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/)

  12. Tripartite Position Paper April 2010

  13. 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)

  14. Fisheries Forestry Economic and Social Development Natural Resources Management and Environment Holistic, coordinated approaches • Animal Health (including Fisheries) • Plant Health (including Forestry) • Food Safety Agriculture and Consumer Protection Technical Cooperation Department

  15.  FAO’s comparative advantages FAO legal assistance in drafting legislation Legal-AH VPH Thematic Networks Wildlife 30 years of experience for a work in progress.... GEMP/Contingency planning Strategic Planning Socio-economic and AH Rehabilitation Holistic approach to disease prevention and control

  16. Livestock and Animal Health legal framework Legal areas which need considered Administrative Law Natural resources Land Food Safety Animal Health Production Water Waste FOOD PRODUCTION CHAIN CITES Wildlife health and Conservation Feed Abattoirs Veterinary Drugs Meat, dairy, eggs

  17. ANIMAL AND FOOD PRODUCTION. A SHARED REGULATORY CHAIN

  18. 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

  19. 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

  20. 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

  21. 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 ...

  22. 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 countries Veterinary Drugs - Mozambique • Draft Veterinary Drugs Law Livestock Identification - Malawi • Draft Legislation on Establishment of Livestock Identification System Animal 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

  23. Examples Veterinary Profession Rwanda • Draft Legislation on the Veterinary Profession Dairy Development Barbados • 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)

  24. 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“ Past/closed projects (20 projects, 15 TCP) On-going projects (15 projects) New projects (Pipeline) (3 projects)

  25. Legislative Studies 2007 2004 2010 2005 1999 Development Law Service (LEGN) Legal Office – FAO

  26. Conclusions • 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.

  27. Conclusions • 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.

  28. Social / religious Food and source of protein Ploughing / transportation Wealth& welfare Manure / fuel Trade Hides

  29. http://www.fao.org/legal/advserv/DevLawService.pdf

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