Chile

Chile - Slaughter - Ley 21.3016

Summary: This law modifies Law No. 19.162, increasing sanctions for violations of animal health regulations in slaughterhouses, and information falsification in the livestock and meat traceability system. This law increases monetary fees from 100 monthly tax units (UTM) to 500 UTM. In addition it adds a paragraph to artiicle 8 of Law No. 19.162 stating the following: "The person who, in an export process, incurs violations of this law related to animal health or traceability will be sanctioned with a fine of 100 to 1,000 monthly tax units and with the confiscation of the products. Additionally, they will be sanctioned with the prohibition of export between three to five years. In case of recidivism within the five years following the end of the prohibition, the conduct will be sanctioned with the perpetual prohibition to export. In the case of a legal person, the same sanction will fall on the natural person or persons controlling the said company and the other companies they control."

Sentencia caso elefante Ramba - Chile (2013)

Summary: Ramba was known as the last circus elephant in Chile. She was an Asian elephant that spent 40 years of her life alone, being forced to perform. Her owner was found guilty of animal mistreatment and was sentenced to 100 days in jail and to pay a fine of 10 monthly tax units (UTM). Ramba was forced to perform difficult tricks and was not provided medical care. In addition, she was kept chained in a small enclosure without adequate space, temperature, or enrichment. Ramba was officially “confiscated” in 1997 due to abuse and neglect. However, she remained with the circus but was not allowed to perform. She was removed from the circus and temporarily relocated to "Parque Safari in Rancagua" in 2011. In 2019, Ramba was relocated to Global Sanctuary for Elephants in Brazil. Unfortunately, Ramba died a few months later after arriving at the sanctuary due to kidney disease.

Chile - Marine mammals - Ley 20293

Summary: The cetacean law prohibits the killing, hunting, capturing, harassing, keeping, possessing, transporting, disembarking, preparing, or carrying out any transformation process, as well as the commercialization or storage of any species of cetacean that inhabits or crosses the maritime areas of national sovereignty and jurisdiction in Chile.

Chile - Transport, animals - Decreto 30

Summary: This "Decreto" or executive order contains welfare standards for animals during transport. It is an indirect result of the agreement DS N° 28/2003 between Chile and the European Union together with decretos 28, and 29, 2013. Under this decreto, cattle cannot be transported in conditions that could cause unnecessary pain and suffering. However, there are no limitations regarding the number of animals that can be loaded, and animals can be transported without food, water, and rest for up to 24 hours. if it is impossible to unload the animals, the carrier must ensure that animals are provided food and water.

Chile - Farm animals - Decreto 29

Summary: This "Decreto" or executive order contains the welfare standards in industrial livestock production and commercialization. It is an indirect result of the agreement DS N° 28/2003 between Chile and the European Union together with decretos 28, and 30, 2013. It defines industrial production and confinement. Other important aspects include the prohibition of improperly managing animals, and the requirement to minimize pain and suffering during surgical husbandry procedures such as castration, dehorning/disbudding, tail cropping, beak trimming, etc.

Chile - Cruelty - Ley 20.380

Summary: The animal protection statute applies to all animals and strengthens the penalties established in the criminal code for animal cruelty. Under this statute, animals are sentient living beings, that are part of nature. They must be treated respectfully and unnecessary pain must be avoided. Every person that owns an animal must provide food and shelter that is adequate to their minimum needs, and must not restrict their freedom of movement in an unnecessary manner. This is true especially if it causes suffering or if it alters the normal development of the animal. Some important aspects of this law include the establishment of the duty to teach children in schools to protect and respect animals. It prohibits animal experimentation in schools and regulates the production of livestock (confinement, breeding, transport, and slaughter). The livestock service (SAG) oversees the compliance of this law during the production of livestock, and the handling of animals by zoos, circuses, and veterinary centers. However, violations of the dispositions of this law carry out monetary fines only.

Corte Suprema Rol N°50.969-22

Summary: In July 2022, the Interspecies Justice Foundation filed the first writ of habeas corpus for a non-human animal in Chile. The petition urged the court to recognize Sandai, a 28-year-old orangutan to be recognized as a non-human person and subject of rights, and therefore, to end his captivity in Buin Zoo in Chile. The plaintiff argued that Sandai lived in conditions unfit for his species. One of the expert testimonies submitted to the court stated that “Sandai’s body language reflects a depressed, defeated, and vulnerable emotional and psychological state, which is normal if we consider the conditions in which Sandai is being kept.” The Chilean Supreme Court upheld the decision of the lower court denying the admissibility of the habeas corpus filed on behalf of Sandai. In dismissing the appeal, the court stated that the constitution in its article 19 refers to persons and that in accordance with the Royal Spanish Academy, persons are individuals of the human species. Therefore, Sandai does not meet the legal requirements to be protected under this legal mechanism. Thus, upholding the decision of the Court of Appeals of San Miguel on July 27. Furthermore, with the purpose of protecting the well-being of Sandai, the Supreme Court ordered the Livestock Service (SAG) to adopt all appropriate measures to guarantee that the Buin Zoo complies with the law, specifically attending to Sandai’s case, stating: “that the deprivation of his liberty does not cause him suffering and any other alteration of its normal development, verifying that they have the appropriate facilities for his species, avoiding all mistreatment and deterioration of his health”.