Summary
On March 28, 2024, Indigenous leaders of Aotearoa (New Zealand), the Cook Islands, Tahiti, Tonga, Hawaii, and Rapanui (Easter Island) signed a historic treaty: He Whakaputanga Moana (Declaration for the Ocean). The declaration recognizes whales as legal persons with inherent rights, including the right to freedom of movement, a healthy environment, and the ability to thrive alongside humanity.
The treaty was signed during a ceremony attended by chiefs from the island nations, as well as Te Arikinui Tuheitia Paki (king of the Māori) and Kaumaiti Nui (president of the House of Ariki of the Cook Islands). The Māori King states: “Ultimately, He Whakaputanga Moana is a declaration for future generations. Our mokopuna (descendants) deserve to inherit an ocean teeming with life, where the songs of whales continue to resonate across the vast expanse.” “Let this declaration be a turning point. Let us ensure the whales, our kin, continue their migrations for generations to come.”
The declaration was spearheaded by a conservation group, the Hinemoana Halo Ocean Initiative, which states that what they’re trying to achieve “is to provide whales with certain rights, including the right to freedom of movement, natural behaviour, development, cultural expression – which includes language – to a healthy environment, healthy oceans and the restoration of their populations.”
He Whakaputanga Moana draws upon the traditions of Te Ao Māori (Māori worldview) and emphasizes the interconnectedness of all living things. Recognizing the urgent threats whales face from unsustainable practices, pollution, and climate change, the declaration outlines a plan for their protection, including establishing marine protected areas and implementing rāhui (customary restrictions guided by ancestral wisdom). The declaration also advocates for weaving together mātauranga Māori (Indigenous knowledge) with science for a more holistic approach to whale protection. The declaration emphasizes the crucial role of Polynesian communities as kaitiaki (guardians) and proposes the creation of the Hinemoana Halo Ocean Protection Fund that will empower Indigenous communities as the natural guardians, and support initiatives aligned with the declaration’s goals.
Indigenous groups across Polynesia have always lived in harmony with the moana (ocean) and consider it a living ancestor and repository of knowledge passed down through generations. The tohorā (whales) are considered sentient beings and ancestors who guided the Māori ancestors across the Pacific Ocean.
While not a binding international treaty, He Whakaputanga Moana carries significant weight. The treaty will allow Māori and other Indigenous groups to start talks with governments in New Zealand, the Cook Islands, Tahiti, Tonga and other Polynesian countries to develop a legal framework to enforce protections around whales. Conservationists believe this move will apply pressure to national governments to offer greater protections for the species. The Hinemoana Halo Ocean Initiative – the group that spearheaded the treaty – has already begun conversations with officials in Tahiti, Tonga, and the Cook Islands to persuade world leaders to follow suit.
The treaty was inspired by the Te Urewera Act of 2014 in New Zealand which granted legal personhood to the Te Urewera forest. Already, it has sparked a global conversation about the legal and ethical status of whales. There’s also a movement to appoint whales as ocean ambassadors to the United Nations, which has been endorsed by the Māori King.