Culture clashes: aboriginal subsistence whaling and whaling welfare

Abstract

The convergence upon a legal recognition of the humane killing of whales as a general principle of international law implies that whaling must be prohibited, because of the cruel nature thereof and the impossibility of conducting humane whaling operations. This applies to all forms of whaling, which includes Aboriginal Subsistence Whaling (ASW). However, the right to whaling for Indigenous peoples forms part of their cultural rights as an expression of cultural diversity. They have been the victims of colonisation and oppression, and it is important to ensure that the proposed prohibition on whaling does not perpetuate injustice and imperialism. As such, the primary issue is whether the cultural right to whaling may exempt Indigenous peoples from adhering to the general principle of animal welfare, in particular humane killing. Should cultural relativism excuse Indigenous peoples from recognising the ethical aspects of hunting whales? Thus, this article considers the implications of the proposed recognition of the humane treatment of whales as a general principle of international law on Aboriginal Subsistence Whaling (ASW). As such, the findings may not only have ramifications for the current discourse on whaling in international law but also present insights concerning the relationship between (human) cultural practices and animal welfare

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ORCID for Werner Scholtz: orcid.org/0000-0003-0959-0054

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