A London law firm is helping to craft a new legal framework that could provide marine life with environmental protection. Called Te Mana o Te Tohorā, “the enduring power of whales,” the initiative will support governments that wish to confer legal personhood on whales and other cetaceans.
The effort is inspired by the legacy of the late Māori King, Tūheitia Pōtatau Te Wherowhero VII, and the He Whakaputanga Moana Ocean Declaration–a historic agreement signed by Polynesian Indigenous leaders earlier this year that garnered global attention.
Dr. Ralph Chami, Chairman of the Pacific Whale Fund, highlighted the economic imperative behind protecting whales, stating, “Whales are not just majestic creatures; they are vital assets for our planet’s economy. Their role in carbon sequestration, nutrient cycling, and maintaining healthy fisheries is worth trillions of dollars. By recognising their legal personhood, we are not only upholding an ethical responsibility, but also making a smart investment in our planet’s future.”
The proposed legislation offers a pathway for nations to adopt similar laws and contribute to a global movement recognizing the rights of nature. Developed by the Pacific Whale Fund in collaboration with Simmons & Simmons London and Ocean Vision Legal it sets a new global benchmark for environmental protection.
“Te Mana o Te Tohorā provides a compelling model for how rights of nature frameworks can be used to protect the ocean and recognise the interconnectedness of all living beings,” said Michelle Bender, an expert in the rights of nature from Ocean Vision Legal, who helped draft the bill.
“By integrating Indigenous values and perspectives, the bill offers innovative solutions to protecting whales and their habitats while honouring the crucial role of Indigenous peoples and local communities as guardians of the ocean. Te Mana o Te Tohorā demonstrates how we can create more effective, just, and holistic legal frameworks by drawing on centuries of Indigenous wisdom.”
The Pacific Whale Fund was created to actively support the royal houses of Polynesia who have been leading efforts to confer legal personhood on whales and protect their ocean home. Through a shared commitment to whale conservation, the group believes the initiative offers a unique opportunity to forge stronger alliances between the United Kingdom and the Pacific and intend to also invite Middle Eastern and Mediterranean nations into the initiative.
“Where whale oil once illuminated the city’s streets, the bill illuminates a path towards respecting and protecting these ocean giants who are considered ancestors by Māori,” said Mere Takoko, Chief Executive of the Pacific Whale Fund. “We aim to catalyse a global shift in how we perceive and protect tohorā (whales).” Takoko was recently appointed as the first Indigenous Pacific ambassador to King Charles’ Circular Bio economy Alliance (CBA).
“Te Mana o te Tohorā represents a significant advancement in UK legal approaches,” said Rob Allen who is a Partner at Simmons & Simmons who have co-led the legal effort. “It builds upon existing protections for whales and dolphins, going further to recognise their sentience, complex social structures, and vital ecological roles. This legislation challenges outdated legal frameworks that view these beings as mere resources, providing a blueprint for a new era of legal recognition and respect for all ocean life.”
