It’s a dog-eat-dog world out there!

#YourFavorite Columnist

Last weekend, most of us were at home celebrating Good Friday and the Easter weekend. I spent the whole weekend at home with my sons and my partner. We cooked up a storm and had various friends drop by to indulge in the products of our kitchens and wash them down with proper beverages. All was well until suddenly, I saw a very distressed face across the table. My girlfriend became rather upset after watching a terrible video. It was a livestream showing a rescue in the progress of a dog that had recently given birth to her puppies. The birth was a joyous occasion. However, the conditions were not so festive. They were horrifying. A poor dog was severely wounded and tangled by what seemed to be some sort of steel or metal cable. The unfortunate creature was immobilized, ensnared by the relentless grip of wires that sliced through her flesh, exposing her to unimaginable agony. Bound by these cruel restraints, she was reduced to a visage of suffering, her body a tableau of open wounds and blood. Meanwhile, rescue workers tried to calm her down and free her from this precarious situation. This news dampened the otherwise festive ambiance. Sometime later, we learned about the passing of a dog named Khaleesi. This week’s column is dedicated to this disturbing event and some legal aspects regarding our beloved canines.

A phrase

‘It’s a dog-eat-dog world out there’—a phrase that too often justifies ruthless competition and aggression among humans. Yet, this phrase becomes particularly harrowing when extended to our treatment of animals, where it morphs into a justification for neglect and cruelty. As we confront the dark realities of animal abuse, we must challenge this mindset, advocating for compassion and empathy in a world that sorely needs it.

Horror vs. law

While my guest was disgusted by the occurrences, #YourFavoriteLawyer instinctively recalled cases involving animals and the laws regarding their protection. While I uttered my initial off-the-cuff analysis with my guests, I started to get some looks of disbelief. At one point, I almost felt I was being identified as a co-culprit. This usually happens to a messenger delivering not-so-pleasant news. The looks slowly turned normal thanks to my objective tone, empathy for the situation, and the explanation of relevant legal aspects. I will share those with you as well.

The criminal code

Our criminal code, consisting of give and take 450 articles, says very little about animal rights. In the entire code, only one article is relevant to animals. One of the articles makes it punishable by law to cause damage to someone else’s goods. The reference to goods includes animals. This article states that it is a crime to damage or destroy a good or animal belonging to someone else. So, if I had walked into your living room and willfully destroyed your front door and China, I would have committed a crime. This crime is punishable with a maximum jail sentence of two years OR a fine equal to the 4th category. The same applies if I walk into your living room and willfully kill, damage, or render any animal useless. In money terms, this is AFL. 25K, about US$ 14K.

The following section makes it punishable if I, without cause or in a disproportionate manner, willfully cause pain, damage, or harm to your animal’s health. In such a case, I would be subject to a maximum jail sentence of six months OR a fine of the 3rd category. In both instances, these articles only apply if the good or animal doesn’t belong to me. If the good or animal belongs to me or is under my care, I am also subject to a maximum jail sentence of six months OR a fine of the 3rd category. The financial equivalent is AFL. 10K, about US$ 5.7K.

The rest of the code contains no other provisions regarding crimes against animals. It is somewhat saddening to realize that our criminal legislator didn’t find it necessary to write any other articles in this regard. So, in our legislator’s eyes, an animal, in this case, a dog, is seen the same as a mere good like a door, table, or glass vase. It is difficult to believe that my loyal companion, Tobio, our Boston Terrier, is by law deemed equal to a mere aluminum that one can kick across the road without any consequences. Here, I paused writing and cuddled Tobio while he reciprocated my love and affection with a wipe of his long and wet tongue and occasional gas release of gas…the latter is part of having a Boston Terrier in your life. 

The dog law

Yes, there is a dog ordinance. This law came into force in 2015. In that ordinance, our legislator would have taken steps and measures to safeguard the well-being of our beloved dogs and their rights. Not so. At least, by far, not enough. The law states that one must provide proper food, water, shelter, and medical assistance when needed and that dogs should have a long enough leash. If you fail, you can get a maximum AFL fine. 10,000, a littoral over US$ 5.5K! With such lousy laws, one can’t help but think that our legislators should be on a much shorter leash.

Back to the victim 

Volunteers freed the dog and took her to the vet for urgent and immediate medical attention. The vets did their utmost, but the efforts were in vain. She passed from her multiple wounds and the abuse she suffered….

The culprit 

Over the weekend, the name of the presumed owner and party responsible for victimizing the dog. Folks quickly single out and condemn A.G., a resident, self-acclaimed consultant, and event planner. If I understood correctly, he is also an ordained minister dedicated to performing wedding ceremonies for those wishing to tie the knot in Aruba. Some would have thought about tying one or more knots around him. As the weekend progressed, a statement came out by the local political party he was affiliated with, denouncing his husband, distancing the party from him, and confirming that he was ousted from the party and that he had accepted his dismissal or had resigned. He had accepted responsibility for his actions or in actions. Time will tell if he will be prosecuted and if he will be convicted for one or more of the offenses I have outlined above. He may also be sued in civil court by one or more civil action group(s) that favor animal rights. 

A good corporate citizen 

Amid all this, local consulting firm Axioma Corporation stepped up to the plate and covered the veterinary expenses incurred. Kudos to Axioma for showing empathy and a sense of corporate responsibility.

The government’s reaction

The minister in charge of Minister of Transport, Integrity, Nature and Senior Affair reacted by announcing that the current Dog Ordinance was deficient, contained holes, and left too much to interpretation. I will say this about the law and leave the minister’s comments for what they are. The current dog law was only intended to protect dogs. The legislator didn’t find the rest of the animal kingdom worthy of protection. Under the current dog law, all other animals are left out, as if your lovely feline or birds, parrots, horses, and tortoise do not deserve protection. The only protection the law provides is to the community by requiring a dog in public to be held on a leash. Looking back at the law, I can only imagine that along the way, a senator came along with perhaps the best intentions, but these resulted, at best, in a trophy piece of legislation that in practice doesn’t do justice for dog or animal rights. If there is indeed a new initiative to amend the dog law and broaden its scope or to replace it altogether with a new law to protect animals, this would, a prima facie, be a positive thing. However, if the Khaleesi incident had just sparked this, it would have been a few years before such a law sees the light of day. By then, Khaleesi would have become just a distant memory, and we would have had too many Khaleesi incidents transpire without an adequate law to intervene. 

Animal law Dutch style

Our mother country, the Netherlands, has a specific law for animals. The “Wet dieren” (Animal Act) of the Netherlands is comprehensive legislation that governs the welfare, care, and treatment of animals. It establishes standards and requirements for keeping animals to ensure their well-being and protection. The scope of the law covers domestic and wild animals, detailing the responsibilities of animal owners and caretakers. It includes housing, feeding, medical care regulations, and specific provisions to prevent cruelty and abuse. Additionally, the law regulates professional animal care activities, including breeding, transport, and slaughtering, to ensure humane treatment across all phases of an animal’s life. This could be a good template for drafting our future animal protection law.

The job to be done

Our job as a community was to provide a safe environment for dogs and other animals. In the incident with Khaleesi, we didn’t do such a great job. We didn’t intervene on time, we didn’t report this on time, we didn’t implement the proper set of laws, and we allowed one community member to commit this hideous act.  We must transform our grief into action, ensuring that the shadows of those we’ve lost illuminate the path toward a future where no animal is left to suffer in silence. Let us resolve to be the guardians of those who cannot speak for themselves, holding the “real animals”—the perpetrators of such cruelty—unequivocally accountable, and in doing so, honor the memory of Khaleesi and countless others like her. #woof