WASHINGTON, July 30, 2016—The Colombian Constitutional Court recently held that animals are “sentient beings,” warranting respect and special protection. The holding is part of a case that ordered the return of a pet monkey to the wild. In its opinion, the Court stated that keeping a wild animal away from its natural habitat is a form of causing the animal suffering and therefore prohibited in the majority of cases.
The case of Bebé has made local headlines since 2014 when the howler monkey was found wandering in a warehouse in the town of La Mesa in central Colombia, about 45 miles from the capital, Bogotá.
Local authorities confiscated the monkey, which had been kept as a pet by the Ríos family for the previous six years. Mr. Ríos acquired the monkey as a baby in 2008 during a trip to Colombia’s northern coast. According to Mr. Ríos, the baby monkey was going to be cooked and eaten by an indigenous tribe before he offered them 50,000 pesos (about $16.00) and brought him home to La Mesa, where he became a beloved pet.
After Bebé was confiscated by local authorities in 2014, the family sued for the monkey’s return, citing Mr. Ríos deteriorating health due to the monkey’s absence.
The case wound its way through the Colombian legal system and ended with the opinion of the Constitutional Court in late March of 2016. The Court held that animals, as sentient beings, had the right to protection from cruelty and unnecessary suffering. The opinion cites a law enacted in January 2016 modifying the Colombian Civil Code to include protections for domestic and wild animals.
“Recognizing animals as sentient beings,” stated the Court, “necessarily requires that behavior towards them exclude cruelty and, whenever possible, reduce suffering and pain.”
According to the Court, it was in the monkey’s best interest to return to its natural habitat, despite the Ríos family’s feelings after losing what they considered a member of their family.
Bebé has since been rehabilitated and released in the state of Antioquia, according to authorities.
The Court recognized the distress of the Ríos family, especially Mr. Ríos, who has been diagnosed with cancer. In their lawsuit, the Ríos family stated that the loss of Bebé has been a factor in Mr. Ríos’ deteriorating health. However, the Court held that returning Bebé to the wild is consistent with maintaining and protecting the country’s environment and biodiversity and in the monkey’s best interest.
While many can understand the sadness at losing a beloved family pet, the recognition of animals as sentient beings both by the January 2016 law as well as the Constitutional Court’s recent ruling represents a step forward in affording animals and the environment greater protection under Colombian law. The law and holding may also prove helpful in promoting awareness of the problem of illegal wildlife trade in Colombia, as well as give prosecutors in the country more tools to combat and reduce it.
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