Rights for the Whales

By Skye Bobay

(Image credit: Marnie Griffiths)

As of March 2025, whales have been given legal personhood by Indigenous leaders of the Pacific Islands. According to the “He Whakaputanga Moana”, Declaration for the Ocean, whales are recognised as legal persons by indigenous communities and have inherent rights. This treaty is of utmost importance not just for whales but also for the marine environment and us humans.

Humans have been a threat to whales for thousands of years now, with the history of whaling spanning from early hunters 4000 years ago to climate change and the fishing industry in the present day. In the Middle Ages, whaling had gained popularity in Northern Europe after which the practice spread to North America. Whales were hunted for baleen and whale oil, the former was used to construct corsets and hoop skirts whereas oil lamps were fueled using the latter.

Once the early 20th century came about many whale species had become critically endangered with some being nearly extinct due to severe overfishing. In 1946, after several attempts to protect whale rights and to place restrictions on whaling ventures by the League of Nations, the International Convention for the Regulation of Whaling (ICRW) headed by the International Whaling Commission (IWC) was established.

Restrictions on whaling, set by the IWC in 1946 which included a ban on killing certain species, had the opposite effect than what the committee had hoped. Whaling became more intense as competition between whaling nations increased immensely during the periods when whaling was permitted. Certain regions and several nations left the IWC altogether. This resulted in numerous species being severely depleted and the IWC finally outlawed commercial whaling in 1986, a moratorium, which is still in effect now although it is not upheld by all nations. Post-moratorium several countries continued whaling under the pretence of scientific research at first, but openly commenced commercial whaling soon after. These nations include Norway, Iceland and Japan. The former two are still members of the IWC, Japan, however, left the Commission in 2019.

The moratorium on commercial whaling has allowed whale populations to recover. For instance, the humpback whale which had roughly 5000 individuals remaining in the 60s, a number which is now expected to be in the 80,000s. Whilst this species has now been classed as a ‘Least Concern’ for conservation by the IUCN, other species have not been as fortunate, their numbers are still low and they are still threatened, whether it be as a result of whaling or other anthropogenic threats such as a decline in food sources, pollution, entanglement in fishing gear, and collisions with marine vessels due to shipping lanes cutting across migration routes, and feeding and breeding grounds.

Like any other living organism, whales have an inherent value that doesn’t depend on the economic profit humans can gain as a result of whaling or wildlife tourism; they have a right to exist and thrive. However, they are also of immense value for the marine ecosystem, playing a key role in allow it to function. When they defecate, whales provide nutrients for microscopic phytoplankton, the base of all marine ecosystem food chains, promoting their growth. Not only does marine life depend on these microscopic algae, but terrestrial life also relies on them. Phytoplankton capture carbon during photosynthesis and release oxygen; the oxygen they release makes up approximately half of the oxygen present in the atmosphere. Therefore, whales, as a keystone species, need to be protected as they ensure that the marine environment remains balanced.

The “He Whakaputanga Moana”, whilst not being a binding international treaty, still has a significant impact drawing global attention onto this critically important topic. The declaration allows the indigenous leaders and the governments of their respective nations and to dithe development of legal frameworks to enforce the protection of whales. The Vilcabamba River in Ecuador and the Whanganui River in New Zealand are two rivers which have already been granted legal personhood, which allows them to ‘appear’ in a court of law to defend their rights. In the case of a natural entity such as a river, a species of plant and/or animal, a human individual or an organisation will be established as the appointed guardian/s enabling them to represent the entity in court .

So the question arises, why have rivers been given the same rights as humans but so far no animal species has been given this opportunity yet by a governing body?

With the treaty signed by the indigenous leaders of the Pacific Islands and the UN Ocean Conference coming up in June, attended by 60 heads of state and government, there had been hope that the act of granting them legal personhood could at least be part of the conversation. Even though this wasn’t the case, by the time the UNOC came to a close on the 13th June 2025, many pivotal initiatives were discussed. While legal personhood for whales wasn’t included in the conversation, the conference provided necessary momentum to see ocean conservation as a whole advance. If the discussed treaties and agreements are entered into force and implemented effectively whales are still set to benefit despite their rights not having been a focal point of the conference.

However, many believe that whales can only ever truly be protected and thrive once they have the same rights as us, but how much longer will that take? How many more need to die for the people in power to fight for the rights of whales?

Citations

“A History of Whaling | National Science and Media Museum.” National Science and Media Museum, 10 Feb 2022, https://www.scienceandmediamuseum.org.uk/objects and-stories/history-whaling#save-the-whales. Accessed 3 June 2025.

Griffiths, Marnie. “Moment.” Live Science, Image, 12 Oct. 2023, https://www.livescience.com/animals/whales/whales-facts-about-the-largest-animals-on earth. Accessed 18 July 2025.

“How Whales Help the Ocean | GWC | Great Whale Conservancy.” GWC, 2022, https://www.greatwhaleconservancy.org/how-whales-help-the-ocean. Accessed 18 July 2025.

Soileau, Kelli Meskin. "Whales Are Now Legal Persons -Ka Wai Ola.” Ka Wai Ola, June 2024, https://kawaiola.news/aina/whales-are-now-legal-persons/. Accessed 3 June 2025.

“Whales” Panda.org, 2024, https://wwf.panda.org/discover/oceans/ocean_species/whales/. Accessed 18 July 2025. "WWF Protecting Whales & Dolphins Initiative.” WWF Protecting Whales & Dolphins Initiative, 13 June 2025, https://wwfwhales.org/news-stories/unoc3-closing. Accessed 18 July 2025.