A NEW CHAPTER FOR THE THAI ELEPHANT AND ITS MAHOUT:
THE SEARCH FOR SOLUTIONS
THE LEGISLATIVE FRAMEWORK GOVERNING ELEPHANTS IN THAILAND
Elephas maximus, the mainland Asian elephant, has been declared an endangered species fully protected under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), strictly prohibiting the trade in elephants or elephant body parts among members countries. However, in the conservation and management of domesticated elephants, the country faces a greater challenge.
Various acts relating to the elephant have been passed by the Thai government. Under the Wild Elephant Act of 1921, elephants in the wild were declared the property of the government with the Ministry of Interior named the agency responsible. Other key articles of the Act strictly forbids the hunting of the animals as a sport and states that all elephants with certain characteristics regarded as auspicious were to be presented to the King.
In Thailand, domesticated elephants are covered by the Draught Animal Act of 1939 and come under the jurisdiction of the Ministry of Interior. Under the Act, domesticated elephants are classified as private property along with other draught animals (sat pahana) such as cattle, water buffalo, horses, donkeys, and mules, and the rights of ownership are addressed but no provision was made for the standards of care to be given by their owner.
Domesticated elephants are required to be registered with the Ministry of Interior's Local Administration Department (LAD). However, the current registration procedure does not require the systematic documentation of comprehensive details about a particular elephant such as its average age, work performed, income generated, its state of health and other information deemed crucial to the conservation efforts.
Subsequently, the Wildlife Protection Act of 1992 was drafted with the specific intent of preserving elephants in the wild. Under the Act, wildlife protection came under the jurisdiction of the Royal Forest Department. With the Draught Animal Act of 1939 in place, all registered draught animals including domesticated elephants, were specifically excluded from the Wildlife Protection Act of 1992.
As most domesticated elephants are in the care of private individuals, proper administration of the legislation has proven difficult.
Efforts are underway to address outdated legislation. In a recent press release, the Ministry of Foreign Affairs announced, "The Royal Thai Government attaches great importance to the protection of elephants and to promote their well-being. Aside from setting up a special authority and exclusive institute such as the National Elephant Institute (NEI) to ensure the quality and standard of elephant welfare, it is currently drafting law to designate elephants as a National Symbol and to protect elephants including regulating mahouts and elephant owners so as to effectively solve this problem in the long term."
SPECIAL ACKNOWLEDGEMENT
We take this opportunity to sincerely thank Ms Bilaibhan Sampatisiri, President of Treasure Our Elephants Fund - Foundation for the Conservation of Northern Elephants, Mr Chanatt Lauhawatana, Managing Director of the Forest Industry Organization, the parent organization of the National Elephant Institute of Thailand, and Mr Richard Lair, a leading authority on the Asian elephant who has devoted over twenty years working with the animals and studying conservation problems across Asia, author of "Gone Astray: The Care and Management of the Asian Elephant in Domesticity" and currently advisor to the National Elephant Institute (NEI) in Lampang, Thailand, for the kind advice and guidance, tremendous insight and enthusiastic support extended to News Room on this special feature. All images © National Elephant Institute.
Sources of Reference
- The National Elephant Institute
Forest Industry Organization
A New Hope for Elephant Conservation
www.thaielephant.net
- Treasure Our Elephants-
Foundation for the Conservation of Northern Elephants
- The Elephant in Thai Life and Legend
Published by Monsoon Editions Ltd. Partnership
ISBN 974-86302-9-3
- "Important Elephants of the Nation"
from the chapter on elephants by Saimai Jobkolsuk
in "Suriyothai" produced by Khunying Busaya Snidvongs na Ayudhya
ISBN 974-272-379-6
- "Running out of elephants" and "Concern for national animal"
by Supradit Kanwanich, Bangkok Post/Perspective - Sunday, January 12, 2003
- Elephant Help Project
http://www.elephanthelp.org/
- http://www.welcome-to.chiangmai-chiangrai.com/elep-nationalday.htm
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