Whales and dolphins now have legal personhood in the Pacific

 

Whales and dolphins now have legal personhood in the Pacific

Why In News:

Whales and dolphins have been officially recognised as “legal persons” in a new treaty formed by Pacific Indigenous leaders from the Cook Islands, French Polynesia, Aotearoa (New Zealand) and Tonga.

He Whakaputanga Moana

*       He Whakaputanga Moana, a treaty that translates as the ocean declaration of Māori, promotes the protection and survival of these animals in an holistic way.

*       When the Whanganui river in Aotearoa was granted status as a living person, personhood meant that “the law now sees no differentiation between harming the tribe or harming the river because they are one and the same”.

*       If He Whakaputanga Moana takes a similar approach, Pacific nations could enforce harsh penalties against violators in accordance with their local criminal or customary justice practices. But the extent of these protections and potential punishments when those are violated, are unclear.

*       Many whale and dolphin populations either reside in the waters of the Pacific islands for parts of the year or migrate through them. These include endangered blue whales, sperm whales (which are listed as vulnerable) and endangered Hector’s dolphins.

Threats:

*       Cetaceans (the family that includes whales and dolphins) face various direct and indirect threats as a result of human action.

*       Historically, commercial whaling led to large population declines. That has been banned by the International Whaling Commission since 1986, although whaling still continues in some regions.

*       Noise pollution, fishing practices, seabed mining practices and climate change have all been linked to species harm and decline.

*       Ship strikes are recognised as one of the leading causes of whale mortality.

Conclusion:

*       Assigning whales and dolphins the status of personhood could lead to wider mitigating measures being implemented, such as alternative shipping routes and speed reductions and hopefully preventing at least some human-induced cetacean deaths.

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