The 11th Question to the Department of Forestry of Guangxi Zhuang Autonomous Region | Why did You Call White Black? The Department of Agriculture of Guangxi Zhuang Autonomous Region Replied that “the Law of the People’s Republic of China on Animal Epidemic Prevention” is not Applicable to Pangolins
2018/10/24 18:16:00 本站

“The Law of the People’s Republic of China on Animal Epidemic Prevention” was referenced several times in the reply from the Department of Forestry of Guangxi Zhuang Autonomous Region to China Biodiversity Conservation and Green Development Foundation on the issue of pangolins.  But in its previous reply to CBCGDF’s enquiry on pangolins, the Department of Agriculture of Guangxi Zhuang Autonomous Region clearly stated that “the Law of the People’s Republic of China on Animal Epidemic Prevention” is not applicable to pangolins. Then how can the Department of Forestry of Guangxi Zhuang Autonomous Region call white black and make such an unprofessional reply?

 

The list below identifies when and where the Department of Agriculture of Guangxi Zhuang Autonomous Region has referred to “the Law of the People’s Republic of China on Animal Epidemic Prevention” in its communications with CBCGDF:

 

?    March 29, 2018, Guilin Letter of the Department of Agriculture of Guangxi Zhuang Autonomous Region [2018] File No. 286: For the sake that pangolins illegally transported into China bring highly pathogenic viruses, laws and regulations including “the Law of the People’s Republic of China on Animal Epidemic Prevention” have required that…

 

l  April 28, 2018, Guilin Letter of the Department of Agriculture of Guangxi Zhuang Autonomous Region [2018] File No. 377: In regard to CBCGDF’s application on April, 11 for the disclosure of information on the inspection administration of the foregoing 34 pangolins, its inspection reports, carried viruses and the legal basis of the respondent’s reply, regulations including “the Law of the People’s Republic of China on Animal Epidemic Prevention” have required that…

 

l  August 6, 2018, the Department of Agriculture of Guangxi Zhuang Autonomous Region held a media press conference and stated that, according to Article No. 29 of “the Law of the People’s Republic of China on Animal Epidemic Prevention”, except for the Administrative Department for Veterinary Medicine under the State Council or its authorized other Administrative Departments for Veterinary Medicine, any other social organizations and individuals do not have the right to disclose animal epidemic information.

 

l  August 9, 2018, Guilin Letter of the Department of Agriculture of Guangxi Zhuang Autonomous Region [2018] File No. 914: Virus-related information is not allowed to be circulated publicly or for other purposes. The legal basis is provided by “the Law of the People’s Republic of China on Animal Epidemic Prevention”, which states that the Administrative Department for Veterinary Medicine under the State Council bears the responsibility of the in-time disclosure of national animal epidemic information to the society, and the Administrative Department for Veterinary Medicine under the State Council may, if necessary, authorize the Administrative Department for Veterinary Medicine under provinces, autonomous regions, and municipalities directly under the control of the central government to disclose the animal epidemic information within their administrative region. Other social organizations and individuals are not allowed to disclose animal epidemic information.

 

We therefore reapplied for information disclosure to the Department of Agriculture of Guangxi Zhuang Autonomous Region, requesting the Department of Forestry of Guangxi Zhuang Autonomous Region to disclose the information content in its official letter “Reply to the Report of the Containment and Rescuing of Pangolin’s Epidemic Situation on August 17, 2017” on whether “the Law of the People’s Republic of China on Animal Epidemic Prevention” is applicable to pangolins and whether the tiny germs detected from pangolins are within the catalogue published by animal epidemics.

 

An excerpt of our soon received reply from the Department of Agriculture of Guangxi Zhuang Autonomous Region is cited below (Guilin Letter of Guangxi Department of Agriculture [2018] File No. 1136):

 

“To China Biodiversity Conservation and Green Development Foundation,

This letter is in reply to your application for government information disclosure on the inspection of pangolin-related epidemic diseases. Upon review we hereby reply as follows:

According to Article No. 2 of “the Regulations of Government Information Disclosure”, government information is defined as the information produced or acquired during the process of administrative organizations performing their duties, and recorded and kept in a certain format. Moreover, according to Article No. 3 of “the Law of the People’s Republic of China on Animal Epidemic Prevention”, animals in this law are defined as domesticated livestock and birds and other animals that are raised by individuals and legally captured. The Article No. 21 of “the Law of the People’s Republic of China on the Protection of Wildlife” explicitly forbids the capturing and slaughtering of the national-level protected wild animals. Pangolins belong to the catalogue of animal species specified by “the List of Wildlife under Special State Protection”, but the 34 pangolins, the disclosure of whose information is applied for in this case, do not belong to the adjustment range of “the Law of the People’s Republic of China on Animal Epidemic Prevention” because they are not domesticated by individuals or captured legally. What CBCGDF has applied for concerns the main body of epidemic disease control and hence is not within our jurisdiction. So we are not authorized legally to disclose information relevant for the foregoing 34 pangolins.”

 

It has been 12 months since the 34 pangolins were handed over to the Guangxi Terrestrial Wildlife Rescue and Epidemic Disease Detection Center under the Department of Forestry of Guangxi Zhuang Autonomous Region. Here then comes the question of “how long will the Department of Agriculture of Guangxi Zhuang Autonomous Region stick to its unreasonable mistakes in the future?”


11th.png

(Photo: CBCGDF)

 

Original Chinese article:

http://www.cbcgdf.org/NewsShow/4854/6110.html


By / Lei