Tohorā Guardianship: Advancing the Rights of Whales in Tonga

Across the Pacific, whales are far more than wildlife. They are kin, navigators, cultural ancestors and guardians of Ocean health. For generations, Pacific peoples have understood what science is only now beginning to fully appreciate: whales are essential to the wellbeing of both marine ecosystems and human communities.

Today, a growing global movement is calling for whales to be recognised not simply as resources to be managed, but as beings with inherent rights and interests deserving of legal protection. From local government resolutions in North America to groundbreaking legal actions in Latin America and the Pacific-led He Whakaputanga Moana Declaration, momentum is building for a new approach to Ocean governance grounded in respect, reciprocity and stewardship.

Among Pacific nations, Tonga is uniquely positioned to lead this transformation.

Each year, hundreds of humpback whales migrate to Tonga’s warm coastal waters to breed and calve. These whales sustain marine ecosystems, support fisheries, strengthen food security and underpin a thriving whale tourism industry that contributes millions of dollars to the national economy. Beyond their ecological and economic value, whales hold profound cultural significance, embedded within stories, identities and relationships that have shaped Tongan communities for generations.

At the same time, whales face increasing pressures from climate change, marine pollution, underwater noise and industrial activities. As governments across the region consider competing visions for Ocean development, including extractive industries such as deep-sea mining, there is a growing need for governance approaches that safeguard the long-term health of both people and the Ocean.

This project seeks to support Tonga in exploring what it would mean to become a global first mover in recognising and protecting the rights of whales.

Building on commitments expressed by Tongan leaders at international Ocean forums, the project will work alongside communities, cultural leaders, government representatives and regional partners to examine how legal innovation can strengthen whale protection while reflecting Tongan values, traditions and aspirations.

Importantly, the project is not solely about law reform. Experience from around the world demonstrates that legal recognition alone rarely creates lasting change. Durable protections emerge when communities are actively involved in shaping the vision, meaning and implementation of new governance frameworks. For this reason, the project places community consultation, storytelling and public participation at its centre.

Through a series of dialogues, workshops and collaborative research processes, the project will create space for communities to explore questions such as: What responsibilities do we hold towards whales? How do whales contribute to collective wellbeing? What would meaningful protection look like in a Tongan context? How can traditional knowledge and contemporary governance work together to support regenerative Ocean futures?

Alongside these conversations, the project will undertake legal and policy analysis to identify pathways for recognising the rights and interests of whales within Tonga’s national Ocean governance framework. This may include options for legal recognition, enhanced protections for migratory corridors, governance mechanisms that enable representation of whale interests and practical implementation measures that support both conservation and community wellbeing.

The project will also contribute to a broader regional movement emerging across the Pacific. By documenting lessons learned, developing accessible educational resources and creating tools for advocates and decision-makers, Tonga’s experience can inform similar efforts elsewhere while strengthening Pacific leadership on the global stage.

The anticipated outcomes extend beyond whale conservation. Protecting whales helps maintain healthy marine ecosystems, supports fisheries and food security, strengthens climate resilience through natural carbon sequestration and reinforces cultural relationships that connect communities to place and Ocean. It also offers a powerful alternative narrative to extractive development models by demonstrating how ecological integrity, cultural continuity and economic prosperity can be mutually reinforcing.

Ultimately, this project seeks to support a transformative shift in how humanity relates to the Ocean and marine species. By exploring the recognition of whales as rights-bearing beings, Tonga has an opportunity to help shape a future where Ocean governance is grounded not only in sustainability, but in respect, responsibility and care for future generations.

Ocean Vision Legal is a global leader in Ocean Rights and the advancement of legal protections for marine species and ecosystems. OVL has supported whale rights initiatives across the Pacific, Australia, Mexico, Germany and the United States, including contributions to the He Whakaputanga Moana Declaration. Through this project, OVL will bring world-leading legal expertise while ensuring that Pacific voices, values and leadership remain at the centre of this emerging movement.