09/19/2026
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Indigenous Pacific leaders are reshaping how the law can recognize whales.
He Whakaputanga Moana, the Declaration for the Ocean, was signed in Rarotonga, Cook Islands, on March 28, 2024, by Indigenous leaders including the late Mฤori King Tลซheitia and Cook Islands leader Tou Travel Ariki. It recognizes whales as legal persons with inherent rights, including the right to migrate freely, express natural behaviors, and live in healthy oceans.
The declaration is Indigenous-led and grounded in Te Ao Mฤori and wider Polynesian values. For Mฤori, whales, or tohorฤ, are often understood as ancestors and kin, connected to whakapapa, voyaging traditions, and responsibilities of guardianship. The declaration reflects that relationship by calling for representatives who could speak for whale interests in decisions affecting their survival.
It is important to note that He Whakaputanga Moana is not a binding international treaty and does not automatically change national laws. For its protections to become enforceable, governments would need to develop legal frameworks within their own systems.
The declaration calls for protected breeding grounds, feeding areas, and migration routes. It also supports rฤhui, customary restrictions used to protect places and species, and encourages conservation guided by both Indigenous knowledge and science.
Whales continue to face threats from ship strikes, entanglement in fishing gear, pollution, noise, climate change, and other human pressures. Since the signing, Hinemoana Halo has partnered with New York Universityโs More-Than-Human Life Program and Project CETI, which studies whale communication, to explore how the declarationโs principles could be put into practice.
How do you think Indigenous legal traditions and science can work together in ocean conservation?
Sources: Earth Law Center, Eco Jurisprudence Monitor, The Conversation, Himemoana Halo He Whakaputanga Moana, Atmos, Native Land Digital, Kawaiola, Explorer's Web