Animal Welfare Officers: State and Federal Importance in Germany
Introduction and Definition
When searching for the term ‘animal welfare officer’ on the Internet, the top entries usually include universities and research institutes that conduct animal experiments. These institutions are legally obligated to appoint animal welfare officers. The appointed persons take care of compliance with legal requirements for animal experiments.
However, it is also important to consider the other sectors, in which welfare officers play an important role. Political animal welfare officers, i.e. employees of the state administration, are employed to support ministries in implementing the state goal of animal welfare.
Currently, there are only animal welfare officers at the state level in Germany. However, the federal government under Olaf Scholz, announced in the coalition agreement of 2021 that it wants to create the office of a federal commissioner for animal protection.1
How Do Animal Welfare Officers Help Animals?
Task and Authorities
The tasks of the state animal protection officers are regulated by each federal state itself in corresponding laws. These include, advising the state governments on animal welfare issues.
They are also a point of contact for civil society with questions and suggestions about the treatment of animals. To a certain extent, the state animal protection officers can also carry out public relations work.
In the following ways, animal welfare officers can theoretically prevent or limit animal suffering:
- they can lobby for better legal provisions,
- they can critically examine the implementation of animal welfare legislation,
- they can inform the public and politicians, e.g. about welfare abuses or animal ethics;
- they can create transparency regarding ongoing legislative initiatives;
- they can contribute to the scientific basis of animal welfare judgments.
In order to fulfil these tasks, however, they must have suitable framework conditions, such as sufficient budget and staff with relevant expertise.
Who We Are – Animal Society is a non-profit organisation dedicated to advocating for the rights and interests of animals and encouraging society and politics to end animal suffering. Through our educational efforts and political campaigns, we create transparency to establish effective animal policy. More
How Are Animal Welfare Officers Currently Restricted?
State representatives for animal welfare currently have no veto or co-determination rights. This means that their deliberations can simply be rejected by decision-makers.
They are dependent on constructive cooperation with the responsible ministry. Due to the low material and personnel resources of state animal protection officers, they are restricted in public relations work or commission expert opinions.
They also have very limited ability to go to court on behalf of animals to challenge abuses.
A Federal Representative For Animal Welfare in Germany
Civil society has long called for the office of a commissioner for animal protection to be established at the federal level as well. The influence of state commissioners ends with federal policy, which is important for non-human members of our society.
A federal commissioner could influence federal policy in the interests of animals and create a nationwide platform for transparency about current developments.
In the coalition agreement of 2021, the federal government declared its intention to create the office of a federal animal protection commissioner. Lawyers drafted a highly regarded proposal on the powers that this office should have in the future in order to effectively support animal protection2.
The experts suggest that the office of the federal commissioner be given the following powers to effectively advance animal welfare:
- the commissioned person, together with his/her staff unit, monitors compliance with the Animal Welfare Act and the associated decrees and ordinances (also at European level);
- they participate in the further development of animal protection law, including through appropriate reform proposals;
- they advise ministries on animal protection issues and cooperate with animal protection and animal rights NGOs in this regard
- they are involved in the drafting of regulations that affect animal welfare, influencing the process in the interests of the animals;
- they are entitled to address proposals to the German Bundestag;
- they send a report to the Bundestag every two years in which abuses in animal welfare are highlighted;
- they have the right to make proposals for the elimination of deficiencies in animal welfare; (“reclamations“)
- they may bring an administrative action against decisions or judgments of public bodies if these decisions or judgments are contrary to animal welfare (“right of action“)
The office of the Federal Commissioner should be established at the Federal Ministry responsible for justice3. Until now, animal welfare has mostly been the responsibility of the Ministries of Agriculture. Conflicts of interest within these ministries are usually decided in favour of the profitability of animal husbandry practices and industry. The staff position of the commissioner cannot cover all the necessary expertise (including law, ethics, behavioural research). However, a sufficient budget for projects and analyses can mitigate this problem.
Who We Are – Animal Society is a non-profit organisation dedicated to advocating for the rights and interests of animals and encouraging society and politics to end animal suffering. Through our educational efforts and political campaigns, we create transparency to establish effective animal policy. More
What Are the Most Pressing Issues?
There are several reasons why the influence of state animal welfare officers has been very limited in the interests of animals.
One issue is the lack of financial and personnel resources for the staff units. By having to serve as a point of contact for public questions, suggestions and criticism, they are already losing a large part of their resources.
Another problem is that although the recommendations of the commissioner must be heard by politicians, they are by no means obliged to act on them.
The impact of the work of commissioners therefore depends on the will of politicians and senior officials in the ministries, to help bring about change in the treatment of animals.
Since the state animal welfare officers are often attached to the Ministries of Agriculture, the conflict of goals with economic interests works to the disadvantage of the animals. State animal protection officers report that proposals are sometimes rejected in the ministries with the argument that they cannot be implemented legally, although animal protection experts outside the ministries saw things differently.
This means that people with an affinity for animal welfare would also have to work in the decisive departments and units of the ministries in order to facilitate implementation of the proposals.
Another major problem is the current lack of clarity in the roles and responsibilities of animal welfare officers.
To ‘stand up for animal welfare’ can be interpreted in many different ways. In the worst case for animals, it means only advocating for compliance with the often far too low legal minimum requirements. That would not be a full commitment to the interests and concerns of animals.
Therefore, the mandate of the representative must be formulated in such a way that the work aims at ethically and ecologically justified demands of the animals. The goal must be to not only improve the lives of animals, but to ensure that all have a good life.
Animal Society’s demands
At State Level
… all federal states and city states should appoint their own commissioners for animal welfare. These should be provided with sufficient financial and human resources. They should explicitly stand not only for the compliance with the applicable animal protection law, but explicitly for the development of policy and law in the interest of animals.
At Federal Level
… the office of a commissioner for animal protection must be created immediately. The current proposal of legal experts for a new Federal Animal Protection Act should be implemented, which provides for a right of action and access to files for the commissioners4.
Furthermore, sufficient financial and personnel resources must be provided here as well. This will make it possible to inform the public nationwide about abuses in animal welfare and to develop proposals for solutions to urgent legal and political problems. At the federal level, too, the tasks of the commissioners must be formulated in such a way that they take a comprehensive look at the ethically and biologically based demands of animals, and not (only) the applicable animal protection law.
Sources
1 Koalitionsvertrag 2021 – 2025 zwischen SPD, Bündnis 90/ Die Grünen und FDP. Mehr Fortschritt wagen.
2-3-4 Bülte, J., Felde, B., Maissack, C. (2021): Reform des Tierschutzrechts. Nomos: Online frei zugänglich unter: https://www.nomos-shop.de/nomos/titel/reform-des-tierschutzrechts-id-101096/