A Revised Declaration of Rights for Cetaceans

 

In 2010 a small group of self-selected scientists and activists gathered in Helsinki, Finland to discuss the rights of cetaceans under international law. Their stated purpose was to formulate a declaration of rights and to garner international support for such a declaration. The conference, entitled "Cetacean Rights: Fostering Moral and Legal Change", produced a declaration signed by the 11 members of the 'Helsinki Group'.

While this declaration is well intended, certain elements in it do not represent the well-being of some cetaceans, especially those 'who have nowhere else to go'. 

Because the Dolphin Embassy project and the Cetacean Studies Institute have done extensive research on this expanding population around the world, and have come to recognise the very real importance of protecting their needs against short-sighted, albeit well-meaning, efforts by activist organisations, a revision of the Helsinki Declaration has been undertaken.

The revised declaration is presented here. Comments are welcome, and the revised declaration is open for further revision.

To see the original Declaration of Rights for Cetaceans, as produced by the Helsinki Group, you can see their site here.

Declaration of Rights for Cetaceans: Whales, Dolphins, and Porpoises

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;

Recognizing that increased human interaction with cetaceans has produced deeper insights into their biological, social, and psychological requirements;
Recognizing that cetaceans have participated in mutually beneficial relationships with humans and have demonstrated adaptive capacity such that they manifest fully complex lives in built environments;
Noting that the progressive development of international law manifests an entitlement to life and well-being for cetaceans;
We affirm that all cetaceans as persons have the right to life, liberty and well-being.

We conclude that:
1. Every individual cetacean has the right to life, safety, clean water, and a sonic environment that does no harm.

2. No cetacean shall be taken into captivity or be removed from their natural environment unless not doing so would endanger their survival. Any cetacean taken into human care shall be returned to their natural environment when feasible, determined on both biological and compassionate grounds. If not feasible it shall be provided an enriching environment that includes socialization with other cetaceans and with humans. Cetaceans  in human care shall have the right to bear offspring, recognising this as an important part of their social and biological nature. Any cetacean born in a human-managed environment has special status with a life-long responsibility for their care by humans.

3. No cetacean shall be subject to cruel treatment.

4. All cetaceans not in human care have the right to freedom of movement and residence within their natural environment.

5. No cetacean is the property of any State, corporation, human group or individual, but may become a ward of such entities if necessary to protect and safeguard their life and well-being. Cetaceans who have come into human care, by natural circumstances or circumstances that are irreversible, shall be provided all due care for the duration of their natural lives.

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

7. Cetaceans have the right, equal to protections provided for human cultures, to not be subject to the disruption of their cultures.

8. The rights, freedoms, and norms set forth in this Declaration shall be protected under international and domestic law as well as an international framework under the administration of the United Nations in which these rights, freedoms, and norms can be fully realized.

9. No State, corporation, human group or individual shall 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 as long as the well-being of cetaceans is foremost in such provisions.

Originally agreed and signed, 22nd May 2010, Helsinki, Finland

Revised by the Cetacean Studies Institute, Dec. 2013-Oct. 2014, Queensland, Australia

More direct science against any resumption of whaling

In September of 2007 I wrote an entry (see it here) about the carbon cycle in the Southern Ocean. Entitled "The Oxygen Farmers" it focused on the oxygen production that occurs in the Southern Ocean, and how it is the largest source of oxygen for our planet. Ever since the industrial whaling of the last century, the removal of the whales has added to the reduced efficiency of the Southern Oceans to produce oxygen.

Now, scientists have shown one more important part of this cycle, and why it is crucial that no commercial, or any other kind of whaling, should be allowed.

ABC news in Australia released a report today (see it here) telling us how Whale Poo is a critically important part of the life cycle in the oceans. As one of the elements in the life cycles in the oceans, the waste products from whale diets feeds algae, which in turn feeds the phytoplankton, which feeds the krill, eaten by the whales. It is the phytoplankton that creates the oxygen we breathe.

According to Japanese whaling interests, backed up by all other whaling nations, it is claimed that there is no environmental or ecological reason to stop whaling. Their claim is that the effort to end whaling is akin to "dietary imperialism" based entirely on cultural choices of what is OK to eat, and what is not OK to eat. They would have all whaling seen as purely choices of dietary preference, with no ecological consequences. To claim otherwise is only an emotional appeal based on bias, and is ecologically unwise.


Even the Australian ecologist, the highly acclaimed Tim Flannery, suggests that the imbalance in the oceans, the failing fish stocks and the ill health of many part of the world oceans, is due to unbalanced harvesting of living resources. Yes, Tim Flannery is in favour of increased whaling.

It has been my contention that the oxygen cycle is, obviously, affected by the reduction of whales in the southern Ocean. The reduction of most species has left open the ecological niches they formerly occupied, and these niches have been filling up with the increase in the population of the smallest filter-feeding whale, the Minke. It is the Minke whale that the Japanese have been removing in the hundreds each year, and the ones they must stop killing.

The arguments mount, stronger and stronger, for a total end to whaling. This is another piece of that argument.

The Ambassador

The Dolphin Embassy -- Momentum is gathering

The Dolphin Embassy has just returned to Australia from my annual overseas journey.

Each year since 2005 I have “taken my show on the road”, traveling around the world to do presentations, informing and inspiring audiences to regard all cetaceans as deserving of recognition, recognition of their inherent status as advanced beings with unalienable rights. Each year I experience growth in the acceptance of the ideas offered.

This year the tour was shorter, but it feels that it may have had a strong impact. I spent time in Colorado, Florida, California, and Oregon, and in each place the level of interest delighted me.

I did six formal presentations in the US this year –Denver (at the beautiful headquarters of the Metaphysical Research Society), Sebastopol, Petaluma, San Francisco (at Globe Studios and Sound Therapy Center), and Mt Shasta (at the Flying Lotus) in California, and Portland, Oregon. Supported along the way by dear friends Barry and Coral of Sebastopol, Fort Schlesinger of Petaluma, and the wonderful energy of Brent Willet, we were able to reach audiences that were primed and ready to hear about the ideas I share.
 

Background

In the late 1950s, Dr. John C. Lilly began his famous research on dolphins. His quest led him to the momentous discovery that they are fully sentient, cognizant, reasoning, cultured, and sophisticated beings. It was immediately apparent to Dr. Lilly that something was amiss in our relationship with cetaceans – he had made the same mistakes as everyone else, assuming them to be just another species of animal.

Once he made his important breakthrough, it was an easy step to realize that dolphins, whales, and porpoises deserved to have their rights recognized and protected. It is not, as some have misunderstood, the human role to offer them their rights. Instead, it is our duty to acknowledge the rights that they have. As a matter of scientific fact, their history as a highly evolved family of beings is much older than the human (even the Bible, in Genesis, specifically recognizes that they were created on an earlier “Day” then humans, the fifth Day. They were the earliest creatures named in the Old Testament).

Dr. Lilly saw, in a sudden insight, that there already exists a vast nation, comprised of all the seas and oceans of our planet. The citizens of this nation, the largest on the planet, are the Whales, Dolphins, and Porpoises – the Cetacean Nation.

In 1961, Dr. Lilly published his first reference to this idea. Over the subsequent years he worked with many friends to develop the concept. With Michael Bailey, of Greenpeace Hawaii (the only Greenpeace autonomous “cell” that did not become part of the subsequent amalgamated organization we know as Greenpeace International), he worked out a strategic plan for implementing recognition of the Cetacean Nation.

Later on, his close friend Rebecca Goodman joined John in publicly announcing, again, the intention to bring the Cetacean Nation to reality.

When I asked John, in 1997, what he hoped his public legacy would be --after a lifetime of inventions, discoveries, and important research – he answered without hesitation “the Cetacean Nation”.

Years of discussion and public presentations later (we shared the stage at the 6th International ICERC Whale and Dolphin Conference in Hervey Bay, Australia, 1997, presenting our ideas about the Cetacean Nation), John surprised me by publicly suggesting that his preferred Ambassador to the United Nations from the Cetacean Nation would be me. (see “Gilding the Lilly: The Cetacean Nation”, video by SoundPhotosynthesis).

Dr. John C. Lilly and Scott Taylor, Hervey Bay, Australia, 1997

John had this to say:
“Mr. Taylor is a key person in what I call the Cetacean Nation, a global network of like-minded individuals attempting to bridge the communication gap between humans and cetaceans. His work contributes a wider understanding of humanity, cetacea, and the environment on the edge of the twenty-first century. Scott’s continued efforts as educator and catalyst bridge not only the interspecies communication barrier, but the barriers between people.”

Sadly, we were not able to accomplish the global recognition of the Cetacean Nation before Dr. Lilly died (Sept. 30, 2001). My dedication to this goal is unabated, however.
The Dolphin Embassy -- Australia

I established The Dolphin Embassy as a registered non-profit organization in Australia in October of 2004. Its mission is to educate and inspire humans toward a proper regard for the rights of all cetaceans. To this end I have taken multi-media presentations on the road, traveling around the world, visiting India, Belgium, the Bahamas, Mexico, Fiji, and many states in America (Florida, Colorado, Utah, Oregon, New Mexico. Arizona, California).

I recognize the quixotic nature of this endeavor. It is easily seen as a harmless joke, a prank that we might pull to engage people, pulling them via humor into thinking, if only for a moment, about the rights of Cetaceans. We also see this as we see many aspects of the dolphin story – the closer you look, and become involved, the deeper it gets.

An Aside – and a bit of history
Doug Michels was a visionary artist, architect, and man of many talents. In 1974, he and some friends established “The Dolphin Embassy” as an art project under the aegis of the famous Ant Farm, in Houston Texas. A 501 (c) 3 non-profit was organized to support the idea. In 1978, after a disastrous fire destroyed the studios of the Ant Farm, the project was abandoned. In 1977, Michels went as far as traveling to Australia to meet some dolphins, to explain his intentions, to offer to speak on their behalf.

Doug Michels, Gold Coast, Australia, 1977

Some years later, Michels drew plans for an orbiting space station (Project Blue Star) that included a central glass globe full of water, in which dolphins could live. His idea was that dolphins could be the best weightless teachers we could find, alien intelligence that could help us understand the mysteries of outer space. (it was not explained how the dolphins would access air, or how the water would be taken up to the station).

Project Blue Star

In an sad bit of synchronicity, Doug Michels was in Australia, working on a film about the friendly Orca of Eden Bay in 2004 when he slipped and fell off a cliff and died. He died on the same day that we formally established The Dolphin Embassy in Australia. We did not know that he was in Australia at the time…

The Current Status of the Dolphin Embassy

Over the years I have met many people with parts to offer. Some have led us to important aspects of the process of becoming able to work at the United Nations (thanks, Marsha, for that!) Some have engaged in lengthy discussions via email, aiming to sharpen our approach. And some have been very supportive in helping gather audiences to hear our ideas (thanks especially for this, Brent!). We are always on the lookout for well-prepared people in the fields of international law, diplomacy, intercultural communications, and NGO experience to discuss this idea.

Studying the application form from the UN for recognition of a Non-Governmental Organisation (NGO), I discovered that one does not have to be human to be represented! How delightful…

Addressing the inevitable challenges we can assume we will face when we arrive at the United Nations, from those who do not accept that we can truthfully represent the dolphins – we can hear them now: “When have you, or anyone, ever had a meaningful conversation with a dolphin? What right do you have to represent them?” – we have carefully developed a four-point agenda. We feel that no one can realistically assert that dolphins, whales, and porpoises would NOT want these four rights to be recognized:

Four-part agenda of the Cetacean Nation at the UN
Safe  Universal protection from intentional harm. This will require diplomacy, as some cultures still believe cetaceans are food
Clean  Clean water in which to live. All water, everywhere, flows to the Oceans. We must stop pollution and clean the waters of the world.
Quiet  No sonic pollution of the oceans. Commercial and Military uses of sound in the oceans must be reduced to harmless levels.
Peace  An end to war. Humans must stop killing each other-- as a prerequisite to peace for all.

If you feel that you have skills or resources to offer to this effort, please contact us. I have many details developed in our strategic plan, requiring support from a large team of dedicated people.

Would you like to join us in taking the voice of the dolphins to the United Nations?

Join us for discussion of these ideas at: http://groups.google.com/group/dolphinembassy

C. Scott Taylor, PhD
Ambassador