<
https://theconversation.com/what-if-whales-took-us-to-court-a-move-to-grant-them-legal-personhood-would-include-the-right-to-sue-227335>
"In a groundbreaking declaration earlier this month, Indigenous leaders of New
Zealand and the Cook Islands signed a treaty,
He Whakaputanga Moana, to
recognise whales as legal persons.
Aotearoa New Zealand has already granted legal personhood to a river (
Te Awa
Tupua Whanganui River), land (
Te Urewera) and a mountain (
Taranaki
maunga), but
He Whakaputanga Moana differs from these earlier processes. It
is based in customary law, or tikanga Māori, rather than Crown law.
The declaration seeks to protect the rights of whales (tohorā) to migrate
freely and to use mātauranga Māori alongside science for better protections. It
also aims to set up a dedicated fund for whale conservation.
But a core concept of legal personhood is the idea that the “person” (in this
case, whales) can sue to protect their rights.
The declaration was signed by King Tuuheitia Pootatau Te Wherowhero VII of the
Kiingitanga movement, Lisa Tumahai who chairs the Hinemoana Halo Ocean
initiative, and the Cook Islands leader Kaumaiti Nui Travel Tou Ariki.
It recognises traditional Māori and Pasifika ideas about the importance of
whales as ancestral beings. King Tuuheitia described it as “a woven cloak of
protection for our taonga”, noting the presence of whales “reflects the
strength of our own mana”.
While
He Whakaputanga Moana is not a pan-Māori declaration, mana is a shared
core concept of tikanga Māori, representing authority and power."
Cheers,
*** Xanni ***
--
mailto:xanni@xanadu.net Andrew Pam
http://xanadu.com.au/ Chief Scientist, Xanadu
https://glasswings.com.au/ Partner, Glass Wings
https://sericyb.com.au/ Manager, Serious Cybernetics
