Upholding the Rights of Whales and Dolphins in the 21st Century: Reflecting on Fundamental Conclusions 2013-2014

"Hurray!"-This whale

Whales around the world are a little safer today. Why? Today, March 31, 2014, Australia has won an international lawsuit against Japan’s Southern Ocean ‘scientific’ whaling program and the International Court of Justice has ordered Tokyo to cease the killing immediately. Australia—who launched this case against Japan back in 2010—were quick to challenge the Japanese slaughter of whales as an important, long standing feature of Japanese culture. Australia pointed out that Southern Ocean whaling began in the 1930s, and that it takes place some 6000 km from the Japanese coastline…doesn't sound like a definitive feature of Japanese culture to me. Even though it may not have a cultural impact, Japan whaling efforts affect the ocean ecosystem where around a thousand minke whales are hunted down annually in the icy waters of the Southern Ocean. Australia and environmental groups say the hunt serves no scientific purpose and is just a way for Japan to get around the moratorium on commercial whaling imposed by the International Whaling Commission in 1986.

Courtesy of abc.net.au

 Slovakian judge Peter Tomka stated today that Japan had not justified the large number of minke whales it takes under its "scientific" program, while failing to meet much smaller targets for fin and humpback whales. Japan argued that the World Court, which is the United Nations’ court for disputes between countries, did not have the authority to deem what is and is not scientific. Despite Japan’s best efforts, Tomka believed that there was no evidence that Japan has examined whether it would be feasible to maintain a smaller lethal take and increase non-lethal sampling as a means to achieve research objectives. This was the first time in history any country has used an international court to try to stop whaling and it was met with success. Japan has said it will abide by the ruling of the court.

Of course, there have been other victories for cetacean species in the last 12 months. Back in July 2013, India's Ministry of Environment and Forests advised state governments to ban commercial entertainment that involves the capture and confinement of cetacean species such as orcas and bottlenose dolphins. That marked India as the forth country in the world to ban the capture and import of cetacean species for the purposes of commercial entertainment. Costa Rica, Hungary, Chile, and now India all recognize these species as highly intelligent and sensitive, and that these animals should be seen as ‘non-human persons’, whose rights to life and liberty must be respected.  These rights are not just being uphold abroad, but here too in America where state Assemblyman Richard Bloom of Santa Monica proposed a bill that would ban the captivity of orcas for entertainment at SeaWorld. This proposed bill comes shortly after the release of the massively successful CNN documentary “Blackfish.”

There are, however, those who still oppose the life and liberty of cetacean species. Icelandic whalers have killed more than 700 whales, including hundreds of endangered fin whales, since the country allowed whale hunts to resume in 2003, exploiting controversial loopholes to evade the whaling ban—just like Japan has with their ‘scientific’ whaling scheme. Iceland killed 35 minke whales and 134 fin whales—massive animals second only to blue whales in size—during the 2013 whaling season alone. Though the International World Court’s moratorium on commercial whaling prohibits the commercial trading of whale products, Iceland has exported to Latvia, Norway, and Japan to keep its dying whaling industry afloat. SeaWorld, also facing economic hardships, attempted to set the record “straight” by fighting back allegations with a list of responses from the supporters of SeaWorld, “An Open Letter from SeaWorld’s Animal Advocates”.  Unfortunately, in late December 2013, Sea Shepherd deflated the rhetoric of the SeaWorld supporters.

Greenpeace so eloquently summed up todays proceedings here: “While today's ruling did not outlaw the killing of whales for scientific research per se, it categorically stated that Japan's whaling programme in the Southern Ocean was not for scientific purposes, and the amount of whales being killed was not justifiable in the name of science.” This ruling is important because it is binding under international law and will be upheld by Japan, tightening the noose around a dying industry. Lethal whaling programs are not necessary, nor are the captures and imprisonments of other cetacean species for commercial entertainment purposes. Cetacean species are more entertaining in their natural habitat then a confined space, stripped of liberty and joy. These industries are on their last legs; we must continue to support legislation that promotes sustainable ocean regeneration and just treatment of the animals therein so that whaling and commercial exploitation of all cetacean species for (minor) amusement/enjoyment will be a practice of the past.   

Courtesy of hdwallpaper.com