On Thursday, February 9, the opinion by which the Law for the Protection of Animals of the CDMX is abrogated and the Law for the Protection and Welfare of Animals is issued, will be discussed in the Plenary of the Congress of Mexico City, which is made up of at least 26 initiatives of various local legislators, said the president of the Animal Welfare Commission, Jesús Sesma Suárez, from the Green Ecologist Party of Mexico (PVEM).
CDMX.- The legislator, who also serves as coordinator of the parliamentary association Alianza Verde Juntos por la Ciudad (Green Alliance Together for the City), emphasized that with the approval of the minute, a suitable legal framework is created to comply with the Political Constitution in which animals are recognized as sentient beings. In this way, anyone who dares to mistreat animals, causing their death, will be punished with up to 10 years in prison, while the economic sanctions range from 14 thousand to more than 5 million pesos.
Penalties of up to 10 years in prison for anyone who mistreats animals
The PVEM legislator added that last week, in a joint opinion of the joint commissions of Administration and Procurement of Justice and Animal Welfare, the Congress of the CDMX implemented a reform to the Penal Code by which it was approved the increase of certain penalties by which it increases up to ten years in prison for those who dare to mistreat animals causing their death:
“They were approved, and the penalties were increased, but it is useless to have the highest penalties if there is impunity. What we need then is to guarantee that the public prosecutors and judges do their job, but that will have to be a parallel work”, said Sesma Suarez.
The bill establishes in Article 350 Ter that whoever mistreats or is cruel to an animal causing its death will be sentenced to two to six years in prison, and in the case of using methods that lead to a non-immediate death and prolong the animal’s agony, that is, cause serious suffering before its death, the penalties will be increased by up to two thirds, or up to ten years in prison, informed the PVEM of the CDMX on its web page.
For the deputy, his duty is to create the legal framework to guarantee that both the judge and the Public Prosecutor have all the necessary elements: “To typify the crimes so that there is no room for dead laws or loopholes in the law. By doing our job, I want to interpret that it will be easier for the judge to sanction those who commit this crime, but it is a job of another power, the Judiciary“, the legislator pointed out.
It is worth mentioning that the economic sanctions for contravening any of the obligations or prohibitions established in this Law were also increased, being now the minimum of 150 UMA’s ($14,433 pesos) and the highest of 55,000 UMA’s ($5,292,100 pesos).
Santeria killings and the issue of bulls were left out.
Jesus Sesma, faithful defender of the prohibition of bullfighting in the capital of the country, pointed out that this issue was not included in the minutes with the purpose of not being stopped: “It is an issue that personally you know my position, we will not give up in the fight to prohibit bullfighting in the CDMX and in the whole country, however, when you include bulls in a law that has so many issues, what would happen is that they would stop it, so it was decided not to include bulls“, he said.
In addition, Sesma pointed out that the new law also stipulates the prohibition of killing animals for religious rites: “It brings up the issue that now there is a campaign that allows the killing of animals for certain cults or religions such as Santeria, which is false. Here it is stipulated that the slaughter is prohibited for any ritual and everything that has to do with religious matters“, he emphasized.
“There has been consensus on most of the points“: Sesma Suárez.
“I am convinced that it is a law that will revolutionize the issue of how we see or should see animals in Mexico City; of course there are very controversial issues where we are willing to debate them, but I believe that there has been consensus on most of the points”, stated the deputy, who is confident that the bill will be approved today.
The controversy surrounding euthanasia
Sesma Suárez emphasized that the legislators of the capital are convinced that it is a most avant-garde law and they continue building reservations to present them as a package this Thursday: once voted in commissions it gives the power to continue evaluating some modifications that are important and that is why there are the processes and the reservations to be able to enrich what will be approved by the majority of the plenary, said the green deputy.
The local deputy referred to the issue of euthanasia, one of the most controversial: “When we presented the opinion in the Commission and it was approved, we realized that there was a contradiction in two articles, this contradiction was discussed to be solved with a reservation and with this it is clear that no one can take the life of any healthy animal and euthanasia can only be applied when the physical or mental situation of the animal makes it suffer, as long as it is under the supervision of a veterinarian. It was a contradiction of article 13 with article 49”, he explained.
Ensuring responsibility towards the non-human living being
Sesma Suárez, assured that with the new Animal Protection and Welfare Law to be approved in February, the attributions of the Animal Care Agency (AGATAN) will be strengthened so that the current Personal Data System of the Single Registry of Companion Animals (RUAC), can register the data of companion animals, their owners or guardians and grant them a document that accredits them.
The PVEM deputy pointed out that the current Personal Data System of the Single Registry of Companion Animals (RUAC) incorporates the identification mechanisms by means of devices of generalized use, making sure that it is affordable and reliable technology. In this way, it will be possible to have the background of the pets, owners or guardians, and grant them a document that accredits them and in this way they will have documents that guarantee and protect their rights.
“The registration in the RUAC is already in force (…) I believe that with this type of technology that will be available in the CDMX we will first guarantee the responsibility of the owner of the non-human living being and this will guarantee what we want, the sense of ensuring the welfare and dignity of all animals in the CDMX”, said the legislator to El Heraldo Digital.
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