Bill of rights for ‘non-human persons’

 

A dolphin entertaining a sightseer in boat

Strange as it may seem, but there is now a coalition of scientists, philosophers and animal welfare group that are starting to promulgate bill of rights, sort of, for dolphins, whales and porpoises.

Whales, dolphins and porpoises are warm blooded, air breathing marine mammals which give birth to live young. ‘Cetacean’ is the scientific name (of the Order Cetacea) which refers to them.

The alliance, known as the Helsinki Group, and include UK members of the Whale and Dolphin Conservation Society, are hoping that one day, like the important bill of rights that protect the life, liberty and property of the citizens of this world, what they are espousing will also be enshrined as laws of the deep sea to protect the existence of these amazing creatures, which otherwise are known as ‘non-human persons’.

There is no doubt that modern technology, in ways of studies by experts, have helped many advocates observe, comprehend and appreciate the intelligence, self-awareness and complex behavior of these marine mammals.

Orcas in captivity

As an example, Chris Butler-Stroud of the Whale and Dolphin Conservation Society related a story about Orcas off Patagonia displaying a seemingly extraordinary act when an aged member of the group suffered jaw damage and could no longer eat properly. The whale’s companions kept the animal alive by feeding it. “The animal, we would say, was past its sell-by date, an older creature. They must have conceptualized that if it wasn’t fed, something would have happened to it, and they were able to work out what was needed to keep it alive.”

Philosopher Thomas White has this to say: “Scientific evidence is now strong enough to support the claim that dolphins are, like humans, self-aware, intelligent beings with emotions and personalities. Accordingly, dolphins should be regarded as “non-human persons” and valued as individuals. From an ethical perspective, the injury, deaths and captivity of dolphins are wrong.”

To that extent, the proponents are proposing that these gentle mammals deserve the right to life and therefore, no one has the business of owning the creatures or doing anything that undermines its rights, freedoms and norms in their habitats.

Understandably, this process will take time and if ever this advocacy will see light on an international perspective, then whale hunters, marine parks, aquariums, and other captivity cum entertainment venues showcasing these marine gentle giants will become a thing of the past and those caught violating the law will be punished.

This small, but significant step being undertaken by these conservationists at the annual meeting in Vancouver of the American Association for the Advancement of Science, to raise support for the declaration among scientists and the visiting public is not only timely, but a move in the right direction.

Timely, in the sense that whale and dolphin watching is a growing industry promoted by the country’s tourism department. Such is what is happening, for instance, in Australia, which waters are home to a large number of unique and magnificent marine mammals, including 45 species of whales, dolphins and porpoises.

Very recently a number of whales have awakened the sleepy town of Oslob, Cebu, in the Philippines, where it has stayed and has become since then a tourist attraction.

Loading slaughtered dolphins in Japan

While the Vancouver conference seeks the ultimate enshrinement of the declaration into law one day, one can’t help but pose this question: How would whaling nations, specifically Japan, take it? Would the dolphins finally find relief from Japan’s barbarism and hunger for its meat?

One thing sure is that the reality of this endeavor won’t happen in my lifetime.

Perhaps, it never will be.