Save the Asian elephants

ARTICLE

Save the Asian elephants

– A new law to protect Asian elephants

Save The Asian Elephants (STAE) www.stae.org is a coalition of conservationists, politicians and lawyers founded by City lawyer Duncan McNair after a visit to India in 2015. There he had witnessed extreme, widespread torture to highly endangered Asian elephants and their babies to break them for easy use in tourism, much generated in the UK market. STAE urges new UK law to ban the domestic advertising of venues abroad where elephants and their babies, and other endangered species, are brutalised for easy use in tourism, great demand for which is generated by the UK travel industry. Rising public awareness during STAE’s campaign rapidly led to huge public support. Duncan was asked to provide government with draft legislation – the Asian Elephants (Tourism) Bill.

After some 25 meetings of STAE’s team with the Prime Minister’s officials and Defra, in May 2021 Government’s Animal Welfare Action Plan promised an Animals Abroad Bill “to ban the advertising and offering for sale here of specific, unacceptable practices abroad” which would “steer tourists towards visiting attractions that involve animals being cared for and treated properly”. Without explanation Government went quiet on that pledge in the Queen’s Speech, reportedly following the intervention with the PM of two influential MPs, Jacob ReesMogg and Mark Spencer, who argued that such measures were “unTory” and a matter of consumer choice.

Why is it important to introduce such law? Properly framed and with political will, such law can shift this enormous market from rank exploitation to new ethical standards. Below is STAE’s letter to Prime Minister Boris Johnson in April 2022, supported by 45 other leading animal charities and influencers:

22 April 2022

Dear Prime Minister

This is an open letter by 46 prominent NGOs and others from across the animal welfare and protection sectors. We wish collectively to express extreme disquiet at reports, yet to be corrected if erroneous, that the Government you lead intends to abandon its promise to the British people of an Animals Abroad Bill, or important measures in it, that will introduce a ban on advertising of practices overseas that brutalise Asian elephants in tourism.

Acute plight of Asian elephants in tourism; brutality and suffering; significant role of UK market

Highly endangered baby and adult elephants throughout South East Asia are cruelly taken from the wild and systematically beaten and stabbed to “break the spirits” for easy use in tourism, actions that would be profoundly unlawful if committed in the UK.1 In 2018/19 two million UK tourists visited India and Thailand. 2 32% of those visiting Thailand reported having ridden an elephant or wishing to, unwitting of the cruelty and the dangers.3 In 2016 demand for up to 12.8 million rides was projected in Thailand alone,4 demonstrating how remorselessly the 2,800 tourist elephants in Thailand5 are commercially exploited, often to death. Nearly 1,200 companies have so far been identified in the UK market currently promoting almost 300 overseas “attractions” where unethical activities are practised through at least 2,807 separate advertisements.6

Numbers of Asian elephants engaged in tourism in Thailand increased by 70% from 2010 to 2020.7

The Asian elephant has now been designated as endangered for over 35 years.8 Numbers have crashed to the point where this ancient, majestic species now risks facing extinction. With the destruction of the species would come the end of its unique role as “megagardeners of the forests”, which maintain biodiversity, are the lungs of the Earth, store carbon and so contribute to tackling climate change.

Captive Asian elephants can be highly dangerous to humans

Abused captive elephants can be deadly to humans. First, when provoked they attack, often fatally. Ever rising figures show at least 700 tourists and others killed; and at least another 900 sustaining catastrophic injuries, typically crushed chests and internal organs, broken limbs and ribs, serious head injuries, the numbers accelerating fast since 1980.9 Just one such incident occurred at Nong Nooch Village Garden in Thailand when young English tourist Helen Costigan and her late father were injured and her sister Andrea, a student nurse, killed by an abused Asian elephant during a tourist show. Many years later and this cruel and dangerous resort, with no safety measures in place, is still being promoted by at least 119 companies in the UK market.10 Helen has previously asked to meet with you and would still like to do so.

Secondly, broken down and held in fetid close confinement elephants by their large volumes of exhalation transmit the deadly TB pathogen to humans. Concerns also arise regarding their potential transmission of other airborne pathogens.11

Thirdly, evidence is emerging that human trafficking, such as of stateless and vulnerable Karen refugees transported from Myanmar to Thailand, props up the burgeoning trade in unethical elephant tourism.12 Exploitation and suffering of mahouts in low welfare venues in Thailand has been variously reported.13

Rarely has it been truer to say that what is good (or bad) for animals is good (or bad) for humans too.

Failure of self-regulation and need for legislation

Numerous promises of change by unethical operators have proved empty over many years. No steps have been taken during lockdown to improve safety or welfare. New law is needed.

Public, specialist and cross-party support for a ban on cruel advertising

In general terms animal welfare issues have never ranked higher amongst the concerns of the British people. Specifically, as to the abuse of Asian elephants in tourism, as the severity of the abuse and the significant role of the UK market in driving the trade are laid bare, polling by Populus shows an ever-rising tide of outrage and demand, in the region of 90%, for such measures.14 In a 2021 survey, 99.1% wanted penalties for those profiting from such abuse.15

A petition condemning such abuse and insisting sales of visits be limited to genuine sanctuaries only has passed 1,092,000 signatures,16 another 32 million signatures on similar, closely aligned petitions.17 Legal protection for Asian elephants abused in tourism has been welcomed across the political divide and by all the devolved administrations of the United Kingdom. It has attracted interest and admiration from nations around the globe. In its essentials such law would be readily transposable to all jurisdictions where such unscrupulous markets flourish.

The signatories below are a sample only of many more calling for a ban on unethical advertising to protect the elephants. Attached is a list approaching 100 people and organisations of expertise and influence across all sectors calling in their own words for this ban.

Government’s promise of law to introduce a ban

Last year Government’s Animal Welfare Action Plan, echoing the Queen’s Speech, promised law to ban advertising and offering for sale of abusive practices abroad affecting elephants and other species used in tourism. Crucially this measure would steer the market towards ethical tourism and throw a lifeline to many endangered species that suffer extreme brutality in tourism. It counters claims that cruel exploitation by rides, tricks and games provide important revenue to target countries. The operators promoting this cruelty contribute nothing to protect humans or animals at these venues.

Over 90% of the country is calling for such a ban. It is in Government’s own interests to take a principled lead over other nations and introduce it, restoring a fair claim to be showing the way on animal welfare. As stated in the Action Plan: “The way we treat animals reflects our values and the kind of people we are.”

Yours sincerely

Duncan McNair CEO, Save The Asian Elephants and 45 others

Since this letter, both the Johnson and Truss governments have fallen. STAE is awaiting a response to its calls for action from the Defra Secretary at the time this is written, Ranil Jayawardena.

He or a successor will be under growing pressure to act for the Asian elephants while there is still time.

A Private Members’ Bill sponsored by Angela Richardson MP – the Animals (Low Welfare Activities Abroad) Bill – is yet to be published but its stated aim reflects exactly STAE’s. It is due for a Second Reading in the Commons on 3 February 2023, although it has little prospect of progress without Government support. STAE urges everyone to press their MP to support the Bill at that time.

Meanwhile STAE pursues the case for new law with many overseas countries whose markets also contribute to the brutal trade in Asian elephant tourism.

Please support STAE’s work and follow them on Twitter, Facebook and Instagram. They need volunteer help in many fields. Please contact Duncan and the team on savetheasianelephants@stae.org or 07852 416696 

Duncan McNair

Duncan McNair, lawyer, founder and CEO of Save The Asian Elephants www.stae.org; and named UK Animal Welfare Hero of the Year (Animal Star Awards 2018). In 2021 STAE was named amongst the 9 best charities in the world for its work for elephants. STAE’s petition for change is at: http://bit.ly/STAEpetition

1. One indicative study identified 55 wild caught elephants traded illegally in Sri Lanka (Animals Asia Foundation 2008-2018).

2. Wikipedia; Statista; Thaiwebsites.com.

3. Wildlife Entertainment in Thailand: Tourist Attitudes and Behaviour. (2019) (ABN Impact research on behalf of World Animal Protection).

4. Taken for a Ride (2016), World Animal Protection, p23.

5. Elephants. Not Commodities (2020), World Animal Protection.

6. Data collected by Save The Asian Elephants since 2015. (Updated April 2022).

7. Elephants. Not Commodities (ibid), p27.

8. International Union for Conservation of Nature (IUCN) has classified the Asian elephant as endangered since 1986, the population having declined by over 50% in each of its past three generations.

9. Research data collated by Save The Asian Elephants 2015 to date (updated April 2022), rounded down from 716 and 932 respectively.

10. The Elephants of Nong Nooch: A Modern Horror Story (video by Save The Asian Elephants, 2020) https://bit.ly/38DTLir

11. Scientific and other reportage such as: http://dx.doi. org/10.3201/eid1703.101668

12. Various local and published reportage such as: https://thefreedomstory.org/the-link-between-elephants-andhuman-trafficking/

13. e.g. Taken for a Ride (ibid) pp43/44.

14. Polling by Populus commissioned by Save The Asian Elephants (July 2020).

15. Online survey by Save The Asian Elephants (August 2021).

16 bit.ly/STAEpetition

17. 195 petitions totalling 32.8 million signatures, collated by Save The Asian Elephants (2022).