Monkey In The Middle

Animal Rights Activists Wage Court Fight To Get Chimpanzee Declared A "Person"

(AP)  In some ways, Hiasl is like any other Viennese: He indulges a weakness for pastry, likes to paint and enjoys chilling out watching TV. But he doesn't care for coffee, and he isn't actually a person — at least not yet.

In a case that could set a global legal precedent for granting basic rights to apes, animal rights advocates are seeking to get the 26-year-old male chimpanzee legally declared a "person."

Hiasl's supporters argue he needs that status to become a legal entity that can receive donations and get a guardian to look out for his interests.

"Our main argument is that Hiasl is a person and has basic legal rights," said Eberhart Theuer, a lawyer leading the challenge on behalf of the Association Against Animal Factories, a Vienna animal rights group.

"We mean the right to life, the right to not be tortured, the right to freedom under certain conditions," Theuer said. "We're not talking about the right to vote here."

The campaign began after the animal sanctuary where Hiasl (pronounced HEE-zul) and another chimp, Rosi, have lived for 25 years went bankrupt.

Activists want to ensure the apes don't wind up homeless if the shelter closes. Both have already suffered: They were captured as babies in Sierra Leone in 1982 and smuggled in a crate to Austria for use in pharmaceutical experiments. Customs officers intercepted the shipment and turned the chimps over to the shelter.

Their food and veterinary bills run about $6,800 a month. Donors have offered to help, but there's a catch: Under Austrian law, only a person can receive personal donations.

Organizers could set up a foundation to collect cash for Hiasl, whose life expectancy in captivity is about 60 years. But without basic rights, they contend, he could be sold to someone outside Austria, where the chimp is protected by strict animal cruelty laws.

"If we can get Hiasl declared a person, he would have the right to own property. Then, if people wanted to donate something to him, he'd have the right to receive it," said Theuer, who has vowed to take the case to the European Court of Human Rights if necessary.

Austria isn't the only country where primate rights are being debated. Spain's parliament is considering a bill that would endorse the Great Ape Project, a Seattle-based international initiative to extend "fundamental moral and legal protections" to apes.

If Hiasl gets a guardian, "it will be the first time the species barrier will have been crossed for legal 'personhood,"' said Jan Creamer, chief executive of Animal Defenders International, which is working to end the use of primates in research.

Paula Stibbe, a Briton who teaches English in Vienna, petitioned a district court to be Hiasl's legal trustee. On April 24, Judge Barbara Bart rejected her request, ruling Hiasl didn't meet two key tests: He is neither mentally impaired nor in an emergency.

Although Bart expressed concern that awarding Hiasl a guardian could create the impression that animals enjoy the same legal status as humans, she didn't rule that he could never be considered a person.

Martin Balluch, who heads the Association Against Animal Factories, has asked a federal court for a ruling on the guardianship issue.

"Chimps share 99.4 percent of their DNA with humans," he said. "OK, they're not homo sapiens. But they're obviously also not things — the only other option the law provides."

Not all Austrian animal rights activists back the legal challenge. Michael Antolini, president of the local Society for the Prevention of Cruelty to Animals, said he thinks it's absurd.

"I'm not about to make myself look like a fool" by getting involved, said Antolini, who worries that chimpanzees could gain broader rights, such as copyright protections on their photographs.

But Stibbe, who brings Hiasl sweets and yogurt and watches him draw and clown around by dressing up in knee-high rubber boots, insists he deserves more legal rights "than bricks or apples or potatoes."

"He can be very playful but also thoughtful," she said. "Being with him is like playing with someone who can't talk."

A date for the appeal hasn't been set, but Hiasl's legal team has lined up expert witnesses, including Jane Goodall, the world's foremost observer of chimpanzee behavior.

"When you see Hiasl, he really comes across as a person," Theuer said.

"He has a real personality. It strikes you immediately: This is an individual. You just have to look him in the eye to see that."

[extremophil]

He's not any uglier than my prom date, and I think that she was actually declared a "person" too.

[mikealford3]

Oh my goodness, my first thought is how foolish this is and how many religious people are going to flip their lids over this.

Second thought, If George Bush is considered a human, this monkey sure qualifies. Heck, the monkey I think we should put the monkey on the campaign trail with all the others.

[Joelran]

If this works, can we petition the courts to declare bush lite a chimp, and put him in a zoo?

[rational_1]

Interesting article. So if an individual with 99.4% DNA homology with humans is a person, what about those with 99%, 95%, or maybe even 25% homology? If so, then I may have committed genocide driving to work this morning when a few hundred flying insectoid persons got thwacked by my windshield and front grill. It's an interesting slippery slope if the Austrians rule that chimps are persons. What about gorillas, orangs, Old World monkeys, New World monkeys, lemurs... dogs, cats... and eventually pigs, cows, chickens (also known as food). Hope they're thinking of the long-term implications of this decision.

[pat1978-2009]

Chimpanzees are apes (great apes to be exact), not monkeys. Monkeys have tails, apes do not.

[infidel_us]

This would open up a whole new voting bloc for democrats!!! :)

[mitdgreenb]

Plants are people too! Please send your donations for the care of my ficus to....


OK, joking aside, doesn't anyone find it the least bit ironic that AUSTRIANS are doing this? These are the same people who gave us Hitler (he was Austrian by birth, not German), voted an ex Nazi (Waldheim) president, etc. -- you know the people who classified Jews, Gypsies, etc. as SUBhuman. The Governer of California aside, I guess they are just admitting that apes are as smart as they are.

[randalds]

Second thought, If George Bush is considered a human, this monkey sure qualifies. Heck, the monkey I think we should put the monkey on the campaign trail with all the others.
Posted by mikealford3 at 02:54 PM : May 04, 2007

Got to agree with that. In fact when I first read the title to this story I thought it WAS about republicans trying to get the chimp Bush declared human.

[mikealford3]

Randal, wow, we actually agree on something. I can't believe it. LOL

[zoltaric]

Why can't they put him back in the jungle?

[mikealford3]

Did anyone else recognize that it's "Animal" Rights Activists tring to have this chimp declared human? Wouldn't that make the activists "human" rights activists?

[michellem99-2009]

That ape is not human. WE ARE HAMAN-MALE and FEMALE. Apes are not people.

[Joelran]

If this works, can we petition the courts to declare bush lite a chimp, and put him in a zoo?

[Joelran]

If this works, can we petition the courts to declare bush lite a chimp, and put him in a zoo?

[Joelran]

If this works, can we petition the courts to declare bush lite a chimp, and put him in a zoo?

[Joelran]

If this works, can we petition the courts to declare bush lite a chimp, and put him in a zoo?

[tarscampbell]

Imagine the Chimp in a business suit then compare him to Bush. They appear to be closely related. The Chimp seems more reflectively thoughtful. He probably is also more compassionate.

Posted by a very disapointed Right Wing Conservative Dyed in the Wool Republican who just happens to have served 33 1/3 years of military service. If the liberals get us out of Iraq, God Bless the Liberals.

[randalds]

Randal, wow, we actually agree on something. I can't believe it. LOL
Posted by mikealford3 at 06:23 PM : May 04, 2007

Well I guess we're both complcated people. lol.

True word is I hate Bush, but I don't march in lockstep with either party. That's why I'm one of the few anti-gun control liberals I know and find myself in the rather embarrassing position of agreeing with Bush on immigration. That alone is (almost) enough to make me wish I wasn't an atheist so I could ask god how in the hell that happened!

[randalds]

If this works, can we petition the courts to declare bush lite a chimp, and put him in a zoo?
Posted by joelan at 10:36 PM : May 04, 2007

No because the other chimps would revolt over having to share their nice clean cage with such an ignorant and amoral chimp as him. And most humans would back them up on their protest.

[crater7]

NEVER WORK;

THEY HAVE BEEN TRYING TO DECLARE BUSH A PERSON FOR YEARS.

NEVER WORK.

[mikealford3]

I'm with on that Randal. I'm neither Republican nor Democrate, I AM AN AMERICAN. Both sides of the fence have good and bad. I choose to listen to the ideas from either before I choose to support it or not.

This chimp thing is kinda foolish though.

[toolmangler-2009]

One small step for a Chimp, one gaint leap for "CHIMPKIND".


ssshhhhheeeeeessssshhhhh!!!!!!
gimme a break!

[toolmangler-2009]

HiYa' Mike :) YANKEES play at 3:30 today (grin)

[toolmangler-2009]

Hmmmm Giant typo!!

[toolmangler-2009]

Hmmmm Giant typo!!

[michellem99-2009]

That will never fly.

[gaye5]

Oh for goodness sake, this is just man trying to make a monkey of himself.. ehehheh


With the type of stupid laws and judges we have now days, this could become possible,,
imagine trying to teach this one in class.. and as we are said to have evolved from a one cell.
this could go on forever,,
Yep, I can just see it now,... monkey 4 sit down, and give me your homework, the rest of
the class has finished and please hand in your maths as well....Monkey stop climbing that wall,
Class participation will be a barrel of laughs......
what excuse will they have when it comes to dolphins, fish etc under the guise of more money....

[gaye5]

RandalDS, I know that this is off the subject, but you are very wise to be against gun control..
Here in OZ they try to tell us that gun control is working, but people dont stop to think for themselves. Guns are outlawed because of crims using them on the innocent, but a crim doesnt care about the law and thus will not give his rifle in, and now the field is open wide for him to go into any house and know that the dear people have stupidly given up their guns with which they could previously protect themselves with, so now he doesnt have to be scared of someone shooting him anymore, a free for all for the crim..
Oh yes there is a penalty for owning a gun, but who is going to know until you have killed a few people anyway... and besides if you get caught and you dont get a judge who you can bribe you only get a couple of years in jail anyway..

[fizzal-2009]

When are they gona pay back the tax,s they took for Easter and Christmass Holiday pay Cumulative interest and customary fine now that they think were equal too a monkey.

[toolmangler-2009]

"Our main argument is that Hiasl is a person and has basic legal rights,"

When I can sit down opposite Hiasl and discuss the merits of this action with him, then and only then would I consider giving this argument credence.

[randalds]

Posted by Gaye5 at 05:28 PM : May 05, 2007

Thanks, but even though I'm against gun gun partly because I believe in having one on hand to use against possible criminals (I live in Los Angeles and crazy things do happen here), the main reason I'm against gun control is that I don't trust my government. I think the reason that the right to bear arms is in the Constitution is to remind all Americans to always be ready to take up arms against our government if it ever gets out of the control of the people, like Cheney is trying to do now. In these uncertain times more then any in our history, real Americans have to be ready to take control of our own government back, by force if necessary.

[gaye5]

RandalD,I so agree, what did Hitler do just before he went to war.. he de-gunned the people..in other words he took the guns off them so as they couldn't protect themselves, or fight the enemy, 'Hitler' and his merry men.. Lets hope that this is not an example of what our governments are following today for the same reasons.. Are we heading for a time when if we dont obey we are doomed, total control.. they say a civilisation lasts 200 years and we are well on the other side of the first 100 years, what sort of a civilization will we have after this time is up..
Randal, I dont believe that we can trust any government nowadays, it is just that individually we vote for what we hope is the best of the bad bunch..
I have read much on global government, have you read anything on it?? scary if true.. but isn't that what they have tried to get since time began.. and of late, communism, Hitler, socialism (which is only the identical twin to communism), Muslims etc,, all want total world control..

[randalds]

This is off topic, but yes I have heard of the world government concept. While it can be scary it is also almost certainly inevitable (though not in our lifetime I suspect), so people who do love freedom and respect the rights of others along the lines of our Bill of Rights need to stop trying to fight the idea and instead get out in front of it. If the world government that we are headed towards becomes real then it'll be a world ruled by major corporations and a small group of the very rich elite families, with every one else as a much lower working class. If you like you can email me at [e-mail] sometime.

[superpat1898]

Better this Chimp have full humane rights than a Wh**ore like Nancy Pelosi.

[randalds]

Better this Chimp have full humane rights than a Wh**ore like Nancy Pelosi.

Posted by Superpat1898 at 04:56 AM : May 06, 2007

Speaking of non-human lifeforms.......here's superidiot1898.

[toolmangler-2009]

yes I have heard of the world government concept. it is also almost certainly inevitable
Posted by RandalDS at 12:50 AM : May 06, 2007

"Many books and articles have been written on this subject The most telling of them are The Orwellian prophesies, the Prophecies of Nostradamus, The books of Revelation, Isaiah, Daniel and others have all foretold of what globalization (World Government) will look like in the not too distant future. Secular infighting and war on opposing viewpoints or politics will result with one ideological/political faction or another controlling the world and imposing its particular form of attempted mind/thought control on the rest of us. The Internet as it is, if unhampered will result in the total end of hypocracy in government. But before that happens Orwell will be proved right and the world will go through Big Brotherism in several forms. Right now whomever controls the Internet can control the world. But it will not last because freedom of knowledge will finally hold sway and mankind will benefit. What amazes me is that the world is ignoring the fact that 95% of the conflicts going on right now are fueled by poverty fired by religious zealots and inflicted anywhere free thought has a foothold. I was born prior to WWII and know that there is a God. I am now seeing the prophecies unfold and there is not a thing anyone can do to stop them. The only thing we can do is mitigate the effects."
(from an earlier post)

[michellem99-2009]

I don't know what this world is coming to when they want to make apes and his kind human rights as a person which he/she is not. I don't see the reasoning or why. Right. I for one feel they should be treated humanly. A person NO.

[toolmangler-2009]

Posted by crater7 at 06:23 AM : May 05, 2007



Hi fives on the bush thing, crater7