"Person" Status Sought for Chimpanzee

A group of activists in Vienna, Austria are seeking to get a 26-year-old male chimpanzee named "Hiasl" legally declared to be a "person." The campaign was initiated as a result of the sanctuary where Hiasl has lived for 25 years going bankrupt.

The activists, led by keeper Paula Stibbe, have said that primates such as Hiasl should be given person status in order to secure basic legal rights: the right to life, the right not to be tortured, and the right to freedom under certain conditions. The activists are concerned that if the shelter closes, that Hiasl and his companion chimp Rosi, will be become homeless.

Stibbe has previously petitioned the Viennese district court to become the chimp's legal trustee. The request was denied on April 24 by Judge Barbara Bart. Judge Bart ruled to reject the request on the grounds that Hiasl the chimp did not meet two key requirements. He is neither mentally impaired nor is he an emergency case.

The two chimp's boosters claim that person status is necessary in order for him to be viewed as a legal entity that can receive donations, and to acquire a guardian to see to his best interests. The first issue, that of donations, is a major sticking point according to the activists. Under Austrian law, only a person can receive personal donations. With the monthly food and veterinary bills for the two chimps amounting to $6,000.00, donors must be relied upon for their support. Help has been offered, but the Austrian statute prevents potential donors from legally contributing.

"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 Eberhart Theuer, the lawyer leading the case on behalf of the Association Against Animal Factories. Theuer has promised to take the case all the way to the European Court of Human Rights, if it becomes necessary.

The chimps, Hiasl and Rosi, began their lives with a fair amount of suffering. The pair were illegally captured in 1982 in Sierra Leone. The infant chimps were then smuggled to Austria to be used in pharmaceutical testing. Customs officials in Austria intercepted and confiscated the crate containing the baby chimpanzees and turned them over to the sanctuary.

If the chimp is declared a person, a foundation could be set up to collect donations. The life expectancy of a chimpanzee in captivity is 60 years. The activists argue that without basic rights, the chimp could be sold outside of Austria where animal cruelty laws may not be as strict.

Austria is not the only nation currently debating primate rights. A bill is now being considered by the Spanish Parliament to endorse the "Great Ape Project," an international initiative designed to extend "fundamental moral and legal protection" to apes. The Great Ape Project is based in Seattle, Washington.

The Austrian chimp's legal team has engaged expert witnesses for the appeal, including Jane Goodall, the famous natural habitat observer of chimpanzee behavior.

A date for the appeal has not been set.