The distress of Maya the elephant or the impotence of the law

The
question of whether the detention of wild animals in circuses,
touring, dressage and shows are compatible with their development is
an issue that must be submitted to public deliberation. This question
will be decided in the coming months, so that we have a clear
legislative framework, as is the case in other countries. The purpose
of this forum is not to answer this question. We simply want to bring
this to the attention of the citizens and the public authorities via
a case that is emblematic of the stalemate in which we are
collectively in.

A tiny enclosure

Maya,
an Asian elephant who is over 50 years old and is being followed by
the One Voice association, continues to be transported and exploited
by the circus La Piste aux étoiles. While several veterinarians,
including the one who was instructed in February 2018 by Mrs.
Patricia Willaert the Prefect for Lot-et-Garonne, have testified that
because of her state of health, she can no longer be touring on the
road. The decree of 18 March 2011 laying down the conditions of
detention and use of non-domestic animals in itinerant shows is also
not respected.

As
can be seen from reading articles 22 and 26 of the decree, the
conditions of accommodation of circus animals must meet minimum
requirements (evacuation of urine, adequate litter disposal, an
enclosure ensuring the safety of the public outside of the shows and
during the shows). Sick or over-aged animals should no longer
participate in shows (Article 9). Anyone who sees Maya, whether in
her tiny pen or in the truck, understands that the law is not
respected. In addition, the authority of the Prefect is being
flouted. For she had asked that the circus leave Maya in her winter
quarters or transfer her to a sanctuary, for example to the sanctuary
Elephant Haven, Haute-Vienne. Here she has a place that has been
reserved since October 2017.

Double injustice

This
elephant, who suffers from her feet and has a stereotypical behaviour
confirming her state of madness to which her living conditions and
loneliness have led her to. It’s the symbol of a double injustice:
she has, for several years, been in a state of distress that cannot
leave anyone indifferent and the law in this case is helpless. Maya’s
suffering is tragic proof that when it comes to animals, laws are not
often applied. Moreover, when offenses are denounced by an
association, such as One Voice which since September 2016 has led
these investigations whose seriousness is indisputable. There is a
legal battle, and lawsuits that burden the budget of circuses and
make their situation even more difficult. However, the facts are
stubborn: the veterinarian mandated by the prefect reaches the same
conclusions as the international specialists to whom One Voice, in
September 2017, had entrusted expert observations: the state of
health of Maya is alarming, her diet and her conditions of detention
are not adapted to her needs and she suffers from bad feet, not to
mention an untreated abscess. The High Court of Strasbourg also
recognized on February 13 2018 that the work done by One Voice, which
the circus La Piste aux Étoiles had brought to court, was
legitimate: it authorized the association to continue its fight which
had already obtained in December 2017 the support of more than
100,000 people who signed the petition to free Maya
(#JusticePourMaya).

Traveling
shows are better than this game of hide-and-seek that drives some of
them outside of the law. It’s been a long time since anyone knew that
in some circus’s animals are abused. The animal welfare
associations campaign against the captivity of wild animals in
circuses but they cannot replace the legislator. Their primary
mission is to denounce situations of abuse and to bring it to the
public’s attention so that the fate of animals, which interests
more and more people, is known. Elephants, who everyone recognizes as
intelligent and majestic, whose species is threatened, will not
perish in indifference and that in the absence of a clear and
courageous political decision the existing laws are at least
respected.

The
specificity of an association like One Voice is to know how to
dialogue with the contributors to find solutions that are suitable
for everyone. It is not in the interest of the La Piste aux étoiles
circus to ruin itself in lawsuits or to lose any prestige in the eyes
of an audience which, even when it continues to go to see shows with
animals and does not tolerate their mistreatment. Muriel Arnal, the
president of One Voice, has provided substantial financial assistance
to Elephant Haven, based in Bussière-Galant, so that it can
accommodate Maya. Everything is ready for her and, anyway, she cannot
work anymore. Should we wait for her to die? Should we wait for an
accident? Should we agree with those who say that the path of reform,
dialogue and law is in vain and that only a scandal will change
things?

This
is not a balance of power between animal and circus advocates, but a
demand for justice: we want the law to be enforced. Maya must be able
to enjoy a well-deserved retirement. Or is it that we are no longer
in a state of law.

See the gallery of Corine Pelluchon and the signatories in Libération