Wild Thai Elephants - Legal Status
Elephants are classified under the Protection Act 1992 as Endangered Animals. But are now listed as endangered by the World Wide Fund (WWF). There are about 50,000 Asian elephants left, 3,000 - 4,000 of which are found in Thailand. Of those, about half are living wild in National Parks Reserves.
Population
The number of wild elephants was registered in 1991 at 1,900. It was estimated that the number fell to 1,700, consisting mostly of women and young males without tusks. Calculations may be unreliable because of the lack of data collected or the fact that a lot is outdated. Depending on the source and their resources, you will find different statistics for elephant populations, illegal and legal tradings, domesticated vs. wild etc. Additionally, a lot of the illegal tradings and breedings are done secretly which makes it difficult to keep track of the numbers.
The Elephant Anatomy
Problems
Thailand's forest area decreased from 80 percent in 1957 to about less than 20 percent in 1992, primarily due to deforestation associated with improper progress. While logging was outlawed in 1989, 70% of the forested areas have already vanished and illegal logging continues, according to WWF. Shifting tribal village agriculture, dam and road building, even gas pipelines, as well as resort projects in forest reserve areas, eucalyptus and pineapple plantations. They have all contributed to the destruction. Such improper designs threaten to rob elephants of their natural habitat and feeding grounds, push them to relocate to risky areas, and lead to disputes between food-seeking elephants and plantation owners.
Habitat depletion and fragmentation are the main threat to Asian elephants. Asia is the most populated continent on Earth, where development and economic growth have contributed to elephant-living areas being invaded. This has culminated in an average of 70% of elephants today being located outside protected areas. Human cities, plantations, industry, agriculture, mining, and linear infrastructure extension. Elephant populations have been forced into smaller patches of woodland surrounded by human colonies that also obstruct conventional migratory routes.
Human-elephant clashes are another major threat to elephants. There has been an uptick in encounters between elephants and humans, such as tourism, with a large majority of the elephant population remaining outside protected areas, most of which include agricultural fields and human settlements. These experiences, sometimes unpleasant, contribute to the destruction, damage, and death of crops and property. Such results can activate human beings and result in deadly effects on the elephants.
Lastly, elephants confined to smaller populations as a result of habitat loss are at a higher risk of becoming wiped out due to natural disasters, disease, inbreeding, and more.
"In response to high incidents of elephant and tiger poaching in a number of range countries, WWF and its local partners have coordinated wildlife patrol units that conduct anti-poaching patrols, confiscate snares and other means of trapping animals, educate local people on the laws in place concerning poaching, and help authorities apprehend criminals. The evidence collected by wildlife patrol units has helped bring known poachers to court. In many Asian countries, WWF works with TRAFFIC, the wildlife trade monitoring network, to reduce the threat that illegal and illicit domestic ivory markets pose to wild elephants."
- WWF
Domesticated Elephants - Legal Status
The report outlines the existing regulations in Thailand relating to living elephants, with various laws regulating the status of wild and domestic animals and young animals who only need to be registered when they are eight years of age. Penalties are also poor for those who violate the law, with the report identifying them as “woefully insufficient to act as a deterrent to elephant traffickers”.
The report proposes timely changes to ensure that wild and domesticated animals are regulated by common law, focusing on clarifying the care, regulation, coordination and monitoring roles, and simplifying the possession and registry of live elephants, including compulsory DNA registration and microchip usage.
The Lack of Tourism on Domesticated Elephants
Covid-19 threatens elephants in Thailand as tourism slumps. At least 1,000 domesticated elephants in Thailand could be at risk of starvation after coronavirus closed the sanctuaries where they are kept.
Problems (Continued)
There are obsolete and outdated rules and legislation concerning domesticated elephants. From the moment when elephants were still a mode of travel in Thailand, the Beast of Burden Act 1957 has been in use. Just as old is the elephant classification file. No personal profile is included, and it is difficult to construct a positive ID. It should preferably be as early as possible after birth.
Mishandling and jobs, such as rough training, improper use of punishment force, drug abuse, lack of veterinary care, abuse of wildlife, illicit mining, money roaming the streets, etc., contribute to numerous issues with animal health and often endanger public safety.
1. Some Thai elephant handlers still believe in unnecessary brutality to restrain young calves and use a spike hammer for discipline, including close cuffs on all four legs.
2. Elephants are told to pose to amuse visitors and locals on two front legs or on a small box. Once ageing, these elephants would have bone abnormalities. Elephants are enclosed for the majority of the day in small chains while not performing. This results in long-term neurotic behaviour, which can be seen as an elephant swaying its head side by side as if it were dancing.
Solutions
Instead of only enlisting them as a rare species, place all wild elephants on the endangered species list. The relevant authorities would be allowed to prohibit the economic use of elephant pieces for such things as ivory.
Next, prohibit all items containing elephant elements, including ivory, feathers, bone and all organs of living and deceased elephants, irrespective of the origin of the elephant and the cause of death. This is to counter false arguments both in and outside the world that sections are derived from domesticated elephants. The distinction between ivory originating from a wild elephant and domesticated ivory is difficult to make out.
Fully redesign the registry of elephants raised in captivity from birth to death, with precise identification - microchip plus DNA recording - to avoid registration fraud, — particularly with elephant calves. The notable spike of domesticated elephants indicates that there may be a variety of domestically born wild elephant calves.
Proclaim all remaining protected forested land and preclude any unsustainable use of forest resources. Restrict more forest-land growth. It is essential to discourage or repeal any project that will affect the environment. When conservation is at stake, the determination to avoid giving in to commercial interests, local or national, must remain.
Educate local people regarding the protection of elephants, the topics involved and the associated laws. On former elephant feeding grounds, wild elephants are often killed by farmers searching for lucrative forest resources or former plantation farming land.
Lastly, strengthen law authorities and forest rangers with the ability to prosecute and suppress violations affecting forest resources in conservation-related situations.