In a landmark decision, whales and dolphins have been recognized as “legal persons” in a new treaty formed by Indigenous leaders from the Pacific. This historic treaty, known as He Whakaputanga Moana, is a declaration that acknowledges these majestic creatures of the sea as legal entities, allowing humans to take legal action on their behalf.
The treaty, signed by leaders from New Zealand and the Cook Islands, is grounded in tikanga Māori (customary law) and marks a significant departure from previous legal frameworks. It aims to protect the rights of whales, known as tohorā, ensuring their ability to migrate freely and combining mātauranga Māori with scientific knowledge for enhanced protections. A specific fund dedicated to whale conservation efforts is also part of the initiative.
Mere Takoko, Vice President of Conservation International New Zealand, emphasizes the cultural connection, stating, “For us, the whale is our ancestor. It’s about protecting these sentient beings.” The treaty has received endorsements from prominent figures, including King Tuuheitia Pootatau Te Wherowhero VII of the Kiingitanga movement and Cook Islands leader Kaumaiti Nui Travel Tou Ariki, reflecting the deep significance of whales in traditional Māori and Pasifika beliefs.
This move by Pacific nations is not just about protecting individual species; it’s about safeguarding entire ecosystems and the spiritual connections that Indigenous peoples have with the ocean. It’s a bold step that could reshape conservation efforts and legal frameworks across the Pacific and beyond, offering a new paradigm for environmental stewardship in the face of global ecological challenges.
Read more at Whales in Pacific countries gain rights of legal personhood, by Joseph Guenzler, National Indigenous Times, April 18, 2024.