Chimpanzees: Before, During, and After Experimental Use

Posted by on Apr 28, 2011 in Animals & the Law | 2 comments

Negra, enjoying sunlight on her face!

Over the last couple of years, I’ve been fortunate enough to hear a few speakers on the subject of chimpanzees: Sheri Speede of In Defense of Animals, who has worked closely with chimpanzees in Africa; Professor Richard Wrangham, who works with them in cognitive research at Harvard University; and Sarah Baeckler of Chimp Sanctuary Northwest. The stories they shared, in addition to the pictures and videos, warmed my heart as much as they amazed me.

So what laws do we have that are protecting chimpanzees? How does the United States measure up to what other countries are doing? Here’s a summary of what’s already in place — in the United States and around the globe — and my hopes for the future:

Before Experimental Use
In the 1950s and ’60s, chimpanzees were captured in the wild for experiments as part of the United States air and space program; tests included subjecting them to compression and confinement in coffin-like capsules for longer and longer stretches of time. Wild chimpanzees were classified as “endangered” in 1976, under the Endangered Species Act; in contrast, already captured or bred chimpanzees were designated a “threatened” species, a lower level of protection. The chimpanzee is the only animal used in experimentation to have such split classification. Furthermore, the United States Fish & Wildlife Service, delegated authority by the Secretary of the Interior, added a special rule that allows for the continuation of research on captive/bred chimps. A ban on breeding chimpanzees has been in effect since 1996. Nevertheless, with a life span in captivity reaching up to sixty years, there are many chimpanzees still living in confinement and subject to invasive experimental use.

During Experimentation

  • Federal Law
    The Animal Welfare Act, originally passed in 1966, is the major federal law that addresses the treatment of animals used in research. Also, the Secretary of Agriculture codified regulations specific to the treatment of primates used in research. Despite the attempts to create a minimum threshold of care, the laws and guidelines give the scientific community a great deal of latitude to step outside the parameters when they deem it a “necessity.” What consitutes a necessity is not clearly defined and therefore left to the researchers’ discretion. In addition to the AWA,  a second oversight program exists under the National Institutes of Health (NIH), through its PHS Policy on Humane Care and Use of Laboratory Animals, and applies to any research that is funded by the NIH. Unfortunately, compliance and enforcement of these regulations remains a major concern, due in large part to underfunding and understaffing.
  • State Law
    Beyond federal laws, state cruelty statutes can play a role in protection. Typically, state laws do not extend to animals used for “bona fide” research, or the statute will exempt any procedures that called into question so long as a researcher can claim the procedures as “customary.” However, states are beginning to reconsider and make changes. After a high-profile case involving the abuse and neglect of macque monkeys at a research facility (State v. Taub), Maryland amended its statute specifically to include primates. New Jersey also is a trailblazer in this area, now requiring the use of alternatives to testing on animals when alternatives are available.

After Experimentation
A chimpanzee-breeding boom in the United States took place during the 1980s when the scientific community wanted chimpanzees for HIV/AIDS research. By 1996, however, they realized their mistake: the National Research Council announced that the chimpanzee research had been fruitless because chimpanzees infected with the HIV virus never manifest AIDS. In response to the resulting “surplus” of chimapnzees, the government passed the CHIMP Act and created a national sanctuary system. Under the Act, chimpanzees would be retired to sanctuary environments that could satisfy both their physical and psychological needs; and the Act was amended in 2007 to ensure that retired chimps would not be sent back into research. The major problem remaining: chimpanzees not yet placed in sanctuaries still are vulnerable to being used for experiments.

International Initiatives & Legal Rights
The United States is among the countries participating in CITES, an international treaty that aims to protect endangered and threatened species from international trade. We also have enacted the Great Ape Conservation Act, which includes chimpanzees as part of the Great Ape family; through the Act, we support programs in other countries within the range of great apes.

Our efforts are laudable, but many other countries have banned altogether the experimental use of primates, including chimpanzees: New Zealand, (2000), the Netherlands (2002), Sweden (2003), Austria (2006), and Belgium (2008); in Japan, as of 2006, there has been an agreement ending invasive research on chimpanzees and, in Australia, a policy limiting great ape research has been in effect since 2003. The UK stopped issuing licenses for chimpanzees in 1999. And among the top stories of 2007, Spain bestowed rights to primates: “the right to life and protection from harmful research practices and exploitation for profit, such as use in films, commercials, and circuses.”

Although the import of wild-caught chimpanzees has been in place in the United States since 1976, and a ban on breeding in effect since 1997, we remain home to the largest captured colony of chimpanzees in the world.

My recommendations would effectively create policy against the use of chimpanzees in future research and provide chimpanzees that are already confined the security of living the remainder of their lives under conditions that will meet their needs in all respects:

  • Continuing the Ban on Breeding and Its Enforcement
  • Establishing Permanent Retirement for All Existing Chimpanzees and Increasing Funding for Sanctuaries
  • Changing the Animal Welfare Act to Include, Like the Endangered Species Act, the Possibility of Citizen Standing
  • State Laws That Include Protection of Primates and Eliminate the Exemption for Research
  • The End of Invasive Research on Chimpanzees, as Proposed by the Great Ape Protection Act of 2010
  • Following the Trend in International Laws Moving Towards Legal Rights for Primates

Bestowing a chimpanzee with rights will not necessarily put her on the same level as an individual human citizen; rather, it will be a considerable move on our part as a civilized society to formally recognize, as other countries already are doing, that primates should be afforded an elevated status, including legal rights and the greater protections from harm that come along with them.

Special thanks to Sarah Baeckler of the Chimpanzee Sanctuary Northwest for being the first to inspire me with her stories and pictures (including the picture in this post!) of the chimpanzees and their amazing transformations once at the sanctuary; and to Professor Roy Spece, advisor to my 40-page paper on this topic.

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What Law Students Are Writing About

Posted by on Apr 21, 2011 in Animals & the Law | 0 comments

Our student chapter of the Student Animal Legal Defense Fund invited any law students who have been writing papers and law review notes on animal-related topics to share their work. Their presentations at our meeting last week were proof that Animal Law is both diverse and thriving in the community.

Here are some of the topics covered (a few by yours truly!), just to give you an idea of the kinds of things the field of Animal Law addresses:

  • Non-Economic Damages in Pet Loss Cases
  • The Tension between First Amendment Freedom of Speech Protections and Animal Crush Video Legislation
  • The Difficulties in Prosecuting Cruelty to Agricultural Animals
  • Regulations of Barnyard Chickens
  • Growing Meat in Petri Dishes: Factory Farming, Human Health Risks, and Alternatives for the Future
  • Chimpanzees in Research: Before, During, and After Experimental Use
  • The Prosecution of Animal Hoarders
  • Constitutional Concerns About the The Animal Enterprises Terrorism Act (AETA)
  • Protecting Companion Animals: Inclusion in Domestic Violence Protection Orders

Student Animal Legal Defense Fund LogoIf you’re currently a law student, I hope this will inspire you to consider the area of Animal Law as an area of study, if not a career path.  Here at the University of Arizona, we’re very excited that an Animal Law class has been added to the course offerings for next semester. If your school doesn’t (yet) offer a class, I encourage you to start a student petition and talk to the faculty about it. It worked for us!

For practicing lawyers and future lawyers alike, Animal Law at the very least can present some opportunities for pro bono work. Practicing attorneys can become members of the Animal Legal Defense Fund and offer their services for cases that come up in their jurisdictions.

What a great way to make a difference in the lives of so many animals who need our help!

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