Tonga Moves to Grant Legal Personhood to Whales, Honouring Royal Conservation Legacy
By Melino Maka, Chair of Huelo Matamoana Trust Inc.
Nukuʻalofa – Tonga is poised to make global waves in marine conservation with a proposal to grant legal personhood to whales within its national jurisdiction—an unprecedented legal and moral step rooted in the Kingdom’s cultural heritage and Christian values.
A Legacy of Protection
This bold initiative builds upon the historic conservation actions of His Late Majesty King Taufaʻahau Tupou IV, who in 1978 issued a royal moratorium on whaling in Tongan waters—a move enshrined into law in 1982, establishing Tonga as one of the first Pacific nations to become a whale sanctuary.
Now, the proposed Whales (Legal Personhood and Protection) Act 2025 seeks to modernise and extend that legacy by recognising whales as legal entities with specific rights, such as:
- The right to exist and thrive in Tongan waters
- The right to migrate freely without harm
- The right to live in a clean, healthy, and pollution-free habitat
“These are not symbolic gestures—they are enforceable legal mechanisms that empower Tonga to defend its marine life through the courts,” said Melino Maka, Chair of the Huelo Matamoana Trust, which is leading the legislative push.
Understanding Legal Personhood
The proposal emphasises that legal personhood does not equate whales with humans in a theological or spiritual sense. Instead, it is a legal designation—similar to the status of companies, churches, or trusts—which allows an entity to have rights and be represented in court.
An appointed guardian or recognised organisation, such as the Huelo Matamoana Trust, would be authorised to act on behalf of whales if threats arise from pollution, illegal activities, or development projects.
Global Inspiration, Local Relevance
Tonga’s move follows global precedents:
- New Zealand (2017) – The Whanganui River was granted legal personhood, with Māori guardianship.
- Ecuador (2008) – Nature was granted constitutional rights.
- Colombia (2016) – The Atrato River was recognised as a legal person to halt environmental degradation.
But Tonga’s case is unique—infused with cultural identity, royal precedent, and spiritual stewardship.
A Christian and Cultural Duty
Recognising that the term “personhood” may raise concerns, the proposed legislation includes a Faith and Culture Clause, affirming compatibility with Tonga’s Christian values:
“This Act does not redefine the theological or spiritual nature of personhood as understood in Christian belief but provides a legal mechanism to protect God’s creation.”
Supporters argue this aligns with scriptural calls to care for creation, reinforcing—not challenging—Tongan faith.
The Proposed Framework
The draft structure of the Act includes:
- Preamble – Honours the 1978 moratorium and Tonga’s stewardship values
- Section 1 – Recognises whales as legal persons
- Section 2 – Grants whales rights to life, movement, health, and a safe habitat
- Section 3 – Establishes legal guardianship through a designated body
- Section 4 – Allows enforcement of these rights in court
- Section 5 – Protects compatibility with Christian and constitutional principles
What’s Next?
The Huelo Matamoana Trust proposes the following steps:
- Consultation – Engage churches, chiefs, ministries, and communities
- Drafting – Work with Crown Law and legal experts to finalise the bill
- Legislative Process – Introduce the bill through Parliament
- Global Launch – Present Tonga’s leadership at upcoming UN Ocean conferences
A Small Nation, A Giant Impact
“This legislation is not a break from Tonga’s past—it is a continuation of it,” Maka said. “Let Tonga stand again as a moral leader, not only in faith but in environmental justice.”
By acting now, Tonga has the opportunity to reaffirm its identity as a nation deeply connected to the ocean—and to inspire the world to follow its lead.
Contact:
Melino Maka
Chair, Huelo Matamoana Trust Inc.
Email: melino.maka@gmail.com
