Animal rights advocates win at Federal Court: hunting critics vindicated in Graubünden

The Federal Court is the second instance to correct Graubünden politics in the context of the hunting initiative.

In September 2013, the collection of signatures began for the popular initiative «For a nature-compatible and ethical hunt», which was published in the cantonal gazette on 12 September 2013.

The initiative demands, in the form of a general motion, that the cantonal hunting law be amended in accordance with the following principles:

1. Pregnant and nursing female deer as well as roe does and their young are to be protected as a general rule.
2. Killing traps and the baiting of animals are to be prohibited.
3. All birds not protected under federal law are to be non-huntable.
4. A general winter rest period for all wildlife from 1 November until the start of the main hunting season.
5. In the Office for Hunting and Fisheries, as well as in the Hunting Commission, animal protectionists and non-hunters must be represented on an equal footing.
6. When engaging in hobby hunting, the blood alcohol limits in accordance with road traffic legislation apply.
7. Hunting aptitude and marksmanship are to be reviewed periodically (analogous to fitness to drive under road traffic law). From 2016 onwards, only lead-free ammunition may be used.
8. Children up to the age of 12 may not be taken along on hobby hunting trips and may not be encouraged to take up hobby hunting through schooling.
9. In the case of all extraordinary damage, the wildlife warden may only carry out population management measures if all other conceivable protective measures have proved ineffective.

On 26 August 2014, a representative of the initiative committee submitted the initiative with 3’265 signatures to the cantonal chancellery. In its resolution of 9 September 2014, the government of the Canton of Graubünden determined that the initiative had been successfully submitted with 3’250 valid signatures and that it would be referred to the Department of Construction, Transport and Forestry for further processing.

In its message of 24 November 2015, the government submitted the popular initiative «For a nature-compatible and ethical hunt» to the Grand Council of the Canton of Graubünden.

However, the government requested that the following points of the initiative petition be declared invalid:

1. Pregnant and nursing female deer as well as female roe deer and their young are to be protected as a general rule.
4. A general winter rest period for all wild animals from 1 November until the start of the open hunting season.
5. Animal welfare advocates and non-hunters must be represented on a parity basis in the Office for Hunting and Fishing as well as in the Hunting Commission.

The government justified its requests regarding the partial declaration of invalidity on the grounds that the initiative petitions in question were in obvious contradiction with federal law, specifically the federal Hunting Act and Forest Act, as well as the prohibition of discrimination enshrined in the Federal Constitution.

Several animal rights advocates from the initiative committee subsequently filed a complaint with the Administrative Court.

Administrative Court Ruling

The Administrative Court upheld the animal rights advocates' complaint on two of three points.

It deemed as admissible and not in contradiction with higher-level law the requests concerning the protection of mother animals as well as that concerning the general winter rest period for red deer.

However, in the view of the administrative judges, the demand for parity representation in the Office for Hunting and Fishing by persons who support hobby hunting and those who are critical of it was found to be discriminatory.

Such a measure would be inappropriate and ineffective with regard to the intended purpose of a balanced hunting policy and administration. In its reasoning, the court stated that the hunting policy objectives and guidelines are determined not by the Office but by the government and the Grand Council.

Animal rights advocates appealed the ruling to the Federal Court

The Animal welfare must not be ignored in legislative revisions. Therefore, a non-hunter is needed in the Office for Hunting and Fishing of Graubünden and in the Hunting Commission. "This person should of course have relevant expertise," says Ms. Marion Theus of the Wildtierschutz Schweiz association. However, a non-hunter with equal qualifications should be preferred over a hobby hunter. This system is already known from gender quota regulations.

Wildtierschutz Schweiz appealed the ruling of the Graubünden Administrative Court to the Federal Court regarding Point 5 and has now prevailed.

According to the ruling published on Wednesday, the initiators' demand for equal representation of animal welfare advocates, hobby hunters, and non-hunters in the Graubünden Office for Hunting and Fishing does not violate higher-ranking law, that is, the Federal Constitution.

Based on the foregoing, Point 5 of the initiative petition with regard to the Office for Hunting and Fishing can be implemented — without departing from the intent of the initiative — in such a way that no obvious, glaring contradiction with higher-ranking law arises. By upholding the declaration of invalidity of Point 5 of the initiative petition with regard to equal representation in the Office for Hunting and Fishing, the contested ruling violates Art. 14 Para. 1 No. 2 KV/GR. Accordingly, the appeal is to be upheld. The resolution of the Grand Council of 17 October 2016 and the contested ruling are to be annulled insofar as Point 5 of the petition of the initiative «For a nature-compatible and ethical hunt» was declared partially invalid. Point 5 of the initiative petition is to be declared valid.

Federal Court ruling of 1.4.2020

The demand by animal rights advocates for equal staffing of the Office for Hunting and Fishing by persons who support hobby hunting and those who are critical of it was thus confirmed.

Another Setback for Graubünden Hunting Policy

Following the Federal Court ruling, it is first again up to the cantonal parliament. The Cantonal Councillor responsible for the matter, Mario Cavigelli stated on 6.5.2020 upon request that he assumed the government would present the Grand Council with a supplementary message on the three points that had previously been declared invalid.

As a rule, such a message must be submitted to parliament within one year of the written court ruling being available. He expects a popular vote on the people's initiative “For Hunting Compatible with Nature and Ethics” in the canton of Graubünden to take place in the second half of 2021.