Tonga, a Pacific Island nation, is poised to become the first country to recognize whales as legal persons. This groundbreaking move, announced at the United Nations Ocean Conference in Nice, France, signifies a shift in how we perceive and protect these magnificent creatures.
Princess Angelika Lātūfuipeka Tukuʻaho of Tonga emphasized the need to recognize whales as sentient beings with inherent rights. This initiative could grant whales agency within the legal system, allowing them to assert and defend their rights.
The move is part of a broader global rights of nature movement, which recognizes ecosystems and wildlife as living beings with inherent rights. Tonga's approach involves drawing on model legislation and incorporating Polynesian cosmology, emphasizing the whales' importance to the ocean's health.
The draft legislation includes rights tailored to whales, such as freedom of movement and protection from pollution. This effort aims to ensure whales can "be the whale."
This announcement is part of a series of developments at the Ocean Conference aimed at advancing legal rights for the ocean and its species. It is a transformative shift in our legal and ethical relationship with the ocean.
Indigenous leaders from New Zealand and the Cook Islands have already signed a treaty recognizing whales' rights. The He Whakaputanga Moana treaty is based on Indigenous law.
The rights of nature movement is not just a legal campaign, but also a cultural and moral one. It challenges the idea that humans are separate from nature, and it is gaining traction among mainstream conservation groups.
Advocates are pushing for the recognition of the rights and intrinsic value of the ocean. The International Union for Conservation of Nature and Natural Resources is exploring the notion of oceans' rights.
This initiative underscores the need for a sweeping change in how we treat whales and the ocean. It is a testament to the growing understanding of the interconnectedness of all life on Earth.