Cetacean 'Rights', human wrongs and moral progress

This weekend something changed for cetaceans. One big step for man; one giant sweep of the caudal fin for cetaceans.

We spend great deal of time and energy battling the many threats to cetaceans (whales, dolphins and porpoises) and their habitat, but this weekend we made significant progress in a new arena. At a conference hosted by WDCS and Paola Cavalieri, co-founder of the ‘Great Ape Project’, experts gathered to discuss the recent findings in cetacean science which demonstrate that these animals often live in complex societies and that some species even have their own culture, which they transmit between generations or groups. The objective of the meeting was to determine what these, and other, scientific findings mean for how we treat cetaceans and what obligations such knowledge bestows upon us, as the perpetrators of much harm to cetaceans.

Some people are already suggesting that we aim to ‘give’ ‘human rights’ to cetaceans. But this is not the case; in fact it rather misses the point. Cetaceans do not need ‘human’ rights, what we are seeking is the recognition that cetaceans have their own set of rights, including the right to life, freedom of movement and residence within their natural environment and the right not to be held in captivity or servitude, or be subject to cruel treatment, or be removed from their natural environment. We do not want to ‘give’ these rights, but instead to ‘recognise’ that these rights already exist. As our colleague Paola Cavalieri has stated, this would indeed be moral progress.

Declaration of Rights for Cetaceans: Whales and Dolphins
Based on the principle of the equal treatment of all persons;
Recognizing that scientific research gives us deeper insights into the complexities of cetacean minds, societies and cultures;
Noting that the progressive development of international law manifests a growing sense of entitlement by cetaceans;
We affirm that all cetaceans as persons have the right to life, liberty and wellbeing.
We believe that:

1. Every individual cetacean has the right to life.

2. No cetacean should be held in captivity or servitude; be subject to cruel treatment; or be removed from their natural environment.

3. All cetaceans have the right to freedom of movement and residence within their natural environment.

4. No cetacean is the property of any State, corporation, human group or individual.

5. Cetaceans have the right to the protection of their natural environment.

6. Cetaceans have the right not to be subject to the disruption of their cultures.

7. The rights, freedoms and norms set forth in this Declaration should be protected under international and domestic law.

8. Cetaceans are entitled to an international order in which these rights, freedoms and norms can be fully realized.

9. No State, corporation, human group or individual should engage in any activity that undermines these rights, freedoms and norms.

10. Nothing in this Declaration shall prevent a State from enacting stricter provisions for the protection of cetacean rights.

Agreed, 22nd May 2010, Helsinki, Finland

Click here to sign the Declaration