• Adjournment Speech-The concept of Wild Law

    WILD LAW

    Wild law, also known as Earth jurisprudence, extends the Western understanding of governance which focuses solely on human interests to include the concept of governing for the benefit of the whole Earth and its inhabitants. Wild law is Earth-centric rather than anthropocentric. Animals, plants, waterways and ecosystems have intrinsic rights to exist and flourish.

    New Zealand, Bolivia and India are leading the way in formulating wild law that protects the right of natural systems in perpetuity.

    Wild law is based on humankind’s most primeval understanding that we share our environment with all living beings, giving and taking in balance. The ancient lore of the Aboriginal peoples ensured that more than 1,000 generations thrived on this island continent without degrading natural ecosystems. However, within 250 years of European colonisation our environment has become severely damaged. Many plants and animals are at the brink of extinction, forests and grasslands are depleted, waterways have been poisoned and our reefs and mangroves are dying. Animal agriculture has polluted our groundwater, eroded our precious soils and destroyed vast tracts of native habitat.

    The Western view of the environment sees an expendable resource for profit and pillage. For the sake of future generations, government must incorporate wild law into our regulatory framework.

    How do we go about enshrining Earth jurisprudence into our laws?

    The modern originator of wild law, academic lawyer, Cormac Cullinan, in his “A Manifesto for Earth Justice” proposed that ecosystems be given legal personhood with enforceable legal rights. There is precedence for giving non-humans legal personhood, with corporations being given legal rights to promote commerce and trade. If corporate personhood is required for healthy economies, then why not legal personhood for the protection of natural systems that ensure the very survival of the planet? Wild law is in the early stages of evolution as modern legal doctrine. The framework is little more than a philosophical basis for developing legislation, policies and environmental protection, but there are encouraging recent developments.

    Australia was once a progressive nation. We were at the forefront of the growth of international human rights and the establishment of the United Nations. In the development of wild law, we are nowhere to be seen.

    Bolivia is world leader in wild law, drawing upon their indigenous concept of Pachamama, which means Mother Earth, in the adoption of their 2009 constitution:

    Pachamama is a living dynamic system made up of the undivided community of all living beings.

    The Bolivian Constitution gives natural systems the right to live, biodiversity, clean water and air. In a landmark agreement between the New Zealand Government and the Iwi people, the Whanganui River was granted legal personhood. The river and tributaries become a single entity—Te Awa Tupua—with legal rights and interests overseen by guardians, including an Iwi elder. Following on from the New Zealand agreement, the High Court in India granted legal personhood to the Ganges and Yamuna Rivers, appointing three State officials as guardians. The judges wrote, “Ganga and Yamuna provide spiritual and physical sustenance.”

    Wild law is the modern practice of an ancient knowledge that seeks to prevent us from wreaking our own destruction.

    Will we act in time?

    Our survival depends upon it.

  • Productivity Commission Final Report Into Australian Agriculture

    Last week the Productivity Commission publicly released its Final Report into Australian Agriculture Regulations. Among other industry concerns regarding land, water and natural resources use, food labelling, and GMO, the Report also gave a thorough overview of the state of play when it comes to farmed animal welfare in Australia. It was heartening to see such articulate and professional submissions made on behalf of farmed animals and the unnecessary suffering they endure each and everyday.

    The Animal Justice Party submitted a detailed response to the draft report highlighting the Party’s views on an Independent Office of Animal Welfare, live export and state based animal cruelty legislation. In addition many other organisations such as Animals Australia, PETA Australia, Vegan Australia, Animal Liberation, World Animal Protection, Voiceless and Animal Defenders Office echoed the need for a drastic overhaul of how the community expects farms animals should be treated. However, it is still disappointing to note that most of the environmental groups seem to be still in denial about the massive adverse impacts animal agriculture is having on our climate, biodiversity and emissions.

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    Given the overwhelming consistency within the submissions in regards community expectations concerning farmed animal welfare, it is pleasing to see the Final Report note these concerns and make recommendations in-line with the general public. For too long industry has had the political advantage of drafting its own rules, regulations and responsibilities with the main focus being on boosting profit. Below is a brief overview of some of the Final Report recommendations for animal welfare.

    • Animal welfare regulations are to be reformed so as to achieve welfare outcomes that (among other things) meet community expectations. However, the current process for setting standards for farmed animal welfare does not adequately value the benefits of animal welfare to the community.
    • The process for setting standards would be improved through the creation of a statutory agency responsible for developing national farmed animal welfare standards using rigorous science and evidence of community values for farmed animal welfare.
    • Conflict of interest is an issue — the main concerns were disproportionate industry influence and perceptions of conflicts of interests of agriculture departments (that are responsible for farmed animal welfare policy).
    • After closely considering submissions and evidence from hearings on this matter, the Commission maintains the view that the most effective approach would be to establish an independent statutory agency — the Australian Commission for Animal Welfare (ACAW) — with responsibility for developing the national standards — the standards would be implemented and enforced by state and territory governments.

    A copy of the Final Report can be found HERE, go straight to Section 5 for Animal Welfare. It is important to note that much of what has been documented in the report is still a far cry from what is expected by the majority of the public, however, it is a positive sign that the voice for animals grows stronger by the day and will get even stronger with more Animal Justice Party elected representatives.

    In light of the release of the report, our single AJP MP, Mark Pearson, questioned the NSW DPI Minister on the reports recommendations and how NSW would respond. As the below video and transcript shows, the Minister is still in the hands of industry and not representing the NSW public’s concerns about animal welfare.

    The Hon. MARK PEARSON: My question without notice is directed to the Hon. Niall Blair, Minister for Primary Industries. The recently published recommendation 5.1 of the Productivity Commission final report into Australian agriculture strongly endorsed the establishment of an independent statutory agency which would meet community expectations of accountability, transparency and high animal welfare standards.

    In light of this recommendation and given the Minister’s often stated confidence in the robustness of New South Wales’ animal cruelty laws and enforcement authorities, as well as the Government’s commitment to deliver on community expectations, will the Government establish an independent statutory body for animal welfare in New South Wales, and if not, why not?

    The Hon. NIALL BLAIR: I thank the Hon. Mark Pearson for his question. As Minister for Primary Industries, I have stated on many occasions in this House that we take animal welfare seriously. We believe that most of the participants within our industries take animal welfare seriously as well, which is why, quite often, we have allowed most of the system improvements and animal welfare improvements in New South Wales to be led by the industries that know them best. Good animal welfare practice is good farming practice when it comes to our primary industries. The Hon. Mark Pearson made mention of the Productivity Commission’s report. The Productivity Commission made a number of recommendations in areas concerning primary industries.

    The New South Wales Government takes note of the Productivity Commission’s recommendations but at times we can look at those recommendations and see that we have a system that is better suited to New South Wales. One has only to look at the recent decision of the Government to continue rice vesting in New South Wales, although it was contrary to the Productivity Commission’s recommendation when it looked at that issue. Likewise, when it comes to animal welfare we believe the systems and the agencies in New South Wales are adequate. At the moment they are serving their purpose. Because the Productivity Commission has looked at it and said one thing does not mean we have to go down that path. We always look at what is best for business and industry in New South Wales. We have the ability to take the recommendations of the Productivity Commission on board but we also have the ability to review our systems and current measures, and if they are adequate we will continue with those.

    I have faith in our systems in New South Wales. I have faith in the Prevention of Cruelty to Animals Act. I also have faith in the agencies under the Prevention of Cruelty to Animals Act that are responsible for the enforcement of animal welfare. I thank the Hon. Mark Pearson for his question. I know he is extremely interested in this area and I know he has a different view from me. He does not have the same faith in those agencies because he has been influenced by his past interactions with them. As I said, we look at what others research and find, and then we look at those issues through the lens of what is best for New South Wales. We did it with rice vesting, and it is what we are doing with animal welfare.

    The Hon. MARK PEARSON: I ask a supplementary question. Will the Minister please elucidate how the New South Wales approach to this report is either the same as or an improvement on the recommendations of the Productivity Commission?

    The Hon. NIALL BLAIR: The New South Wales approach is the best approach for New South Wales.

  • Animal Justice MP Mark Pearson appalled by loss of green space for animals

    MEDIA RELEASE

    I congratulate the Total Environment Centre for undertaking their year-long project “SOS Green Spaces” which maps threatened spaces in 70 locations across Sydney with detailed information about local trees, native species, and resident action groups.

    The Baird and now Berejiklian Government is presiding over urban development on steroids. It will cause the destruction of vital areas of remnant habitat for rare and endangered animals and plants.

    It seems obvious to point out that vegetation clearing in these areas would leads directly to animal deaths through habitat loss and consequent starvation and exposure to predation. Clearing for development is the single most important factor in the decline of wildlife in the Sydney region.

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    We are talking about a bio-region that contains endangered and vulnerable frog species, 54 vulnerable and 14 endangered bird species, 25 vulnerable and 3 endangered mammal species and 11 vulnerable and 2 endangered reptile species. In the forests of the sandstone plateau at least seven threatened ecological communities, 32 threatened resident animals and 100 threatened plant species are at risk of obliteration through development.

    Unchecked development along coastal green spaces also endangers 15 threatened aquatic animals and 27 threatened seabirds.

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    We must also remember the importance of providing resting, feeding and nesting places for migratory birds that are struggling to survive the loss of habitat as they undertake their journeys around the world.

    Once a green space is gone, it’s gone forever and animals will disappear. It is a shocking legacy for our generation to bequeath to future generations who will rightly condemn our greed and short-sightedness.

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  • Adjournment Speech on Rewilding our shared environment

    The Animal Justice Party supports the acquisition of land to protect, conserve and expand wilderness, including the rewilding of land once used for animal agriculture. Over the past 200 years we have lost 75 per cent of our rainforests, nearly 50 per cent of all forests and 99 per cent of south-eastern Australia’s temperate grasslands. The remaining ecosystems are under constant threat of clearing and in desperate need of protection. It is a national shame and a disgrace. We need to start looking at ways to bring back life into areas that have been stripped of biodiversity. In Australia ecologists focus on rehabilitating landscapes by killing animals that are deemed to threaten biodiversity. We have poisoned, shot and bludgeoned to death millions of foxes, rabbits, pigs, goats, cats, horses, camels, dingoes and kangaroos over the past hundred years, all in the name of conservation. Our landscapes continue to degrade, and it is clear that we must do things differently.

    In the United States and Europe the concept of rewilding with animals is seen as part of the solution. Rewilding is a critical step in restoring self-regulating ecosystems. Rewilding acknowledges that natural processes are complex and that the interplay between flora and fauna allows nature to evolve to take care of itself. Species are introduced or reintroduced based on the role they can play in an environment. After initial support, they are left to create the balance required. The reintroduction of apex predators such as wolves is one example of successful environmental repair. In Yellowstone National Park grey wolves had been hunted to extinction, and by the 1990s ecologists were concerned about the damage caused by large herds of elk. Once wolves were re‑established in the park, their predation on the elk reduced the damage caused to vegetation. The elk broke into smaller groups, foraged less and moved more frequently, allowing grasslands to recover. Scavenger species began to thrive again, with ravens, eagles, coyotes, lynx and bears feeding on wolf‑kill remains. Insects that fed off the rotting carcasses became the food of smaller birds and rodents.

    It is time to trial the benefits of rewilding in the Australian landscape. Just as in Yellowstone, we have taken our apex predators out of the ecosystem. The mass killing of dingoes changed the environment, and at the same time we introduced species such as foxes and cats. Smaller native predator species such as quolls and goannas struggled with habitat loss. Quolls once numbered in the hundreds of thousands and are now a threatened species. It was not until quoll numbers plummeted that rabbits were able to gain an ecological toehold. A recent trial reintroducing dingoes into Sturt National Park has shown early evidence that dingoes suppress cat and fox populations, with smaller mammals and marsupials surviving in increasing numbers.

    Returning apex predators to the environment is only one part of the equation. Their relationships within ecosystems are critical. Research and evidence-based trials must be undertaken, and we should be open‑minded about what constitutes an apex predator. We cannot go back in time. Foxes, dogs and cats are now native animals; they have been born here for many generations and now fill an ecological niche. Given the massive habitat loss and change in landscapes, we must accept that our ecosystems are evolving and adapting. Rewilding is about allowing evolution and adaptation to occur while reducing destructive human activities. One bulldozer in one day can take out an ecosystem that has evolved for millennia, yet we demonise the fox and the cat. Thousands of hectares of degraded sheep paddocks are more of a threat to biodiversity than a thousand dingoes or foxes. It is well past time to protect and expand our wilderness, for the sake of all the species that share this fragile, ancient land.

  • No place for celebrating animal cruelty in Mardi Gras

    As a young man still in his teens, I joined with friends from Newcastle and became one of the group of 78ers that participated in the first Mardi Gras. It was a distressing but also a celebratory experience. I remember looking at the police as they were arresting people and putting them into paddy wagons. To one officer I said, “I think one day the police will actually march with us in this parade.” He said, “You might be bloody right, son, but you better get out of here or you will end up in that paddy wagon.” I was lucky to escape a beating and my prediction about the police was quite prescient given the oppression gays and lesbians experienced from those in authority at that time. Now, of course, it doesn’t even raise an eyebrow when the police march at Mardi Gras. It is heartening to witness such positive changes over the decades.

    For me, Mardi Gras has always been a joyful celebration of queer sexuality as well as the life-affirming message that we live and love in equal dignity and worth to everyone else in the community.

    This year’s Mardi Gras theme of ‘equality’ makes sense to me. With equal marriage continuing to be a political football and the suicide rates for LGBTQI teenagers still too high, equality remains an elusive goal. While it is wonderful that a wide range of community, corporate and government agencies sponsor floats, we should be careful of the messages that are promoted using our hard-won credibility and acceptance.

    As the sole representative of the Animal Justice Party in NSW Parliament, I am deeply concerned with Meat & Livestock Australia (MLA) being a sponsor of Mardi Gras, either of the parade, Fair Day or any other Mardi Gras event. MLA is the company behind the popular Australia Day lamb ads which aim to distract the public from thinking about the darker side of the trade. MLA is the representative body of Australia’s live export industry, arguably the cruellest animal exploitation industry permitted to exist today. Our call for equality should not be linked with the needless suffering of millions of animals. The vast majority of Australians would agree, with over 70% of Australians oppose to live export.

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    Before I was elected to NSW Parliament I spent many years at Animal Liberation NSW, running campaigns against live export. Every aspect of this industry shows a cruel disregard for animal well-being. Animals suffer long hours transported in trucks, without food or water, often in the searing heat. They are then jammed by the thousands into live export ships where animals stand in their own excrement, often for weeks on end. The air is foetid with ammonia fumes burning the eyes and the lungs. Not all animals survive the journey and sadly, they are the lucky ones. We have all seen the horror footage of sheep packed into the boots of cars, trussed up on the back of utes or penned in the blazing heat without food or water, waiting for the slaughterman’s knife.

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    LGBTQI equality should not be obtained through partnerships with organisations or industries that operate without a social licence. Horrific animal cruelty and abuse has been exposed in the Australian live export industry for decades, and yet the industry continues to operate with impunity and for the most part without reform. I do not want my beloved Mardi Gras to give credibility to a company that trades in animal cruelty. The MLA’s ‘lamb dance’ Mardi Gras entry makes a mockery of the suffering and death of millions of sheep on transport ships and in the bloody slaughterhouses.

    The MLA is cynically exploiting the feelgood vibe of Mardi Gras to gain community support by associating with the LGBTQI community’s brand. This will serve only to legitimise their cause and delegitimise our own. There should be no place for celebrating animal cruelty in Mardi Gras.

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