Human rights in the Cook Islands
Encyclopedia
The Cook Islands
are 15 small islands scattered over 2 million km squared of the South Pacific.According to the latest census, the nation has a total population of approximately 18,000 people. Spread in population between the mainland capital, Rarotonga
, and the Outer Islands mean inequality in terms of delivery of public services. Internal migration between Rarotonga and the Outer Islands is relatively high due to lack of schooling and employment opportunities, and increased living standards and availability of medical and educational services in Rarotonga.
The Cook Islands are a state in free association with New Zealand
since 1965, and has the power to legislate its own laws and enter into international human rights instruments of its own accord. The country has a Westminster parliamentary system that is democratically elected.
Rights are generally well respected, as provided for in the 1965 Constitution, but a number of issues still exist. These include the limitations that remain upon legislated rights and freedoms, political participation, women’s rights, the rights of sexual minorities, and limits on freedom of religion.
. Since 1988, treaties signed by the Government of New Zealand do not extend to the Cook Islands unless expressly stated. Prior to this, New Zealand treaty action extended the application of the International Covenant on Civil and Political Rights (ICCPR
) and its first Optional Protocol, the International Covenant on Economic, Social and Cultural Rights (ICESCR
), and the Convention on the Elimination of All Forms of Racial Discrimination (CERD
), to the Cook Islands. It is of note that the Cook Islands are yet to ratify in its own right seven of the nine core human rights treaties.
The two instruments to be ratified by the country since 1988 include the Convention on the Rights of the Child (CRC
) in 1997, and the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW
) in 2006. The Cook Islands has also ratified the Convention on the Rights of Persons with Disabilities
, the 1949 Geneva Conventions
, and the Rome Statute of the International Criminal Court (ICC
).
Each of these rights is subject to limitations through section 64(2) of the Constitution Act by: any enactment or rule of law in forc; for protecting the rights and freedoms of others or in the interests of public safety, order, or morals; the general welfare; or the security of the Cook Islands. To this extent the statutory protections are not absolute until the limitations described are removed.
Under the 2008 Cook Islands Disability Act, the Ombudsman’s jurisdiction was further extended to investigate complaints of discrimination against the disabled. The Cook Islands is the first Pacific Island country to develop a rights-based disability policy and action plan.
, who was the first woman to hold the post of Cook Island’s Deputy Prime Minister.
A relevant issue is the presence of the House of Ariki
, a parliamentary body of Cook Islands high chiefs that are not elected, but appointed by the Queen’s Representative. The group is supposed to only discuss those matters allocated to it by the democratically elected Parliament, and in reply it responds only with its opinions. A threat to democracy was posed in June 2008 during a coup claim by a small majority of the House of Ariki members, claiming to take control of the country’s leadership. The claim passed fairly quickly and was a one-off incident.
In terms of chiefly participation within the House of Ariki, Christianity is credited with according women recognition as ariki
(chiefs). Women are equally acknowledged as chiefs on Rarotonga, but less so in the Outer Islands.
There exists a “no-drop” policy response to domestic violence arrests, meaning that police must proceed with the case notwithstanding the wishes of the victim. Victims who wish to have their case withdrawn must make their request to the court. Progress has been made through the Non-Governmental Organisation Women’s Counselling Centre, Te Punanga Tauturu Incorporated, which delivers educational awareness programmes across the Islands.
are a pressing issue. Male homosexuality is illegal under the Crimes Act 1969. Consensual male sodomy is punishable by a maximum term of seven years imprisonment.
Civil unions for both males and females are not legally recognised. There are no laws against discrimination based upon sexual orientation.
Such a provision is in violation of the right to freedom of religion in Article 18 of the ICCPR
.
Cook Islands
The Cook Islands is a self-governing parliamentary democracy in the South Pacific Ocean in free association with New Zealand...
are 15 small islands scattered over 2 million km squared of the South Pacific.According to the latest census, the nation has a total population of approximately 18,000 people. Spread in population between the mainland capital, Rarotonga
Rarotonga
Rarotonga is the most populous island of the Cook Islands, with a population of 14,153 , out of the country's total population of 19,569.The Cook Islands' Parliament buildings and international airport are on Rarotonga...
, and the Outer Islands mean inequality in terms of delivery of public services. Internal migration between Rarotonga and the Outer Islands is relatively high due to lack of schooling and employment opportunities, and increased living standards and availability of medical and educational services in Rarotonga.
The Cook Islands are a state in free association with New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
since 1965, and has the power to legislate its own laws and enter into international human rights instruments of its own accord. The country has a Westminster parliamentary system that is democratically elected.
Rights are generally well respected, as provided for in the 1965 Constitution, but a number of issues still exist. These include the limitations that remain upon legislated rights and freedoms, political participation, women’s rights, the rights of sexual minorities, and limits on freedom of religion.
International Human Rights Obligations
The Cook Islands is not a sovereign nation, and therefore not a member state of the United NationsUnited Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
. Since 1988, treaties signed by the Government of New Zealand do not extend to the Cook Islands unless expressly stated. Prior to this, New Zealand treaty action extended the application of the International Covenant on Civil and Political Rights (ICCPR
International Covenant on Civil and Political Rights
The International Covenant on Civil and Political Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from March 23, 1976...
) and its first Optional Protocol, the International Covenant on Economic, Social and Cultural Rights (ICESCR
International Covenant on Economic, Social and Cultural Rights
The International Covenant on Economic, Social and Cultural Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from January 3, 1976...
), and the Convention on the Elimination of All Forms of Racial Discrimination (CERD
Convention on the Elimination of All Forms of Racial Discrimination
The International Convention on the Elimination of All Forms of Racial Discrimination is a United Nations convention. A second-generation human rights instrument, the Convention commits its members to the elimination of racial discrimination and the promotion of understanding among all races...
), to the Cook Islands. It is of note that the Cook Islands are yet to ratify in its own right seven of the nine core human rights treaties.
The two instruments to be ratified by the country since 1988 include the Convention on the Rights of the Child (CRC
Convention on the Rights of the Child
The United Nations Convention on the Rights of the Child is a human rights treaty setting out the civil, political, economic, social, health and cultural rights of children...
) in 1997, and the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW
Convention on the Elimination of All Forms of Discrimination Against Women
The Convention on the Elimination of all Forms of Discrimination against Women is an international convention adopted in 1979 by the United Nations General Assembly....
) in 2006. The Cook Islands has also ratified the Convention on the Rights of Persons with Disabilities
Convention on the Rights of Persons with Disabilities
The Convention on the Rights of Persons with Disabilities is an international human rights instrument of the United Nations intended to protect the rights and dignity of persons with disabilities...
, the 1949 Geneva Conventions
Geneva Conventions
The Geneva Conventions comprise four treaties, and three additional protocols, that establish the standards of international law for the humanitarian treatment of the victims of war...
, and the Rome Statute of the International Criminal Court (ICC
Rome Statute of the International Criminal Court
The Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court . It was adopted at a diplomatic conference in Rome on 17 July 1998 and it entered into force on 1 July 2002. As of 13 October 2011, 119 states are party to the statute...
).
Constitutional Protections
Fundamental civil and political rights are protected by the Constitution Act 1964, Part IV, introduced by the Constitution Amendment No. 9 in 1981. Rights protected include:- Right to lifeRight to lifeRight to life is a phrase that describes the belief that a human being has an essential right to live, particularly that a human being has the right not to be killed by another human being...
, liberty and security of person (section 64(1)(a)) - Non-discrimination (section 64(1))
- Equality before the law (section 64(1)(b))
- Property rights (section 64(1)(c))
- Freedom of thought, conscience and [Freedom of religion | religion]] (section 64(1)(d))
- Freedom of peaceful assemblyFreedom of assemblyFreedom of assembly, sometimes used interchangeably with the freedom of association, is the individual right to come together and collectively express, promote, pursue and defend common interests...
and [Freedom of association |association]] (section 64(1)(f)) - Due processDue processDue process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...
and fair trialRight to a fair trialThe right to fair trial is an essential right in all countries respecting the rule of law. A trial in these countries that is deemed unfair will typically be restarted, or its verdict voided....
(section 65)
Each of these rights is subject to limitations through section 64(2) of the Constitution Act by: any enactment or rule of law in forc; for protecting the rights and freedoms of others or in the interests of public safety, order, or morals; the general welfare; or the security of the Cook Islands. To this extent the statutory protections are not absolute until the limitations described are removed.
The Ombudsman Office
In November 2007, Cabinet appointed the Ombudsman to head the Cook Islands Human Rights Office. This has been interpreted to mean that Cabinet has issued a directive for the Ombudsman to set up a Human Rights Division within its portfolio.Under the 2008 Cook Islands Disability Act, the Ombudsman’s jurisdiction was further extended to investigate complaints of discrimination against the disabled. The Cook Islands is the first Pacific Island country to develop a rights-based disability policy and action plan.
Capital Punishment
The death penalty was not abolished until 2007, although it had never actually been utilised. Prior to reform, capital punishment only ever applied to the crime of treason, for which it was the automatic sentence.Political Participation
Suffrage is universal to those above 18 years of age. Female parliamentary participation is present, but not equal. In 2009 there were three women in the 25 seat Parliament of the Cook Islands. There is at present one female Member of Parliament, Mrs Ngamau MunokoaNgamau Munokoa
Ngamau Mere Munokoa OBE , also known as "Aunty Mau", is a Cook Islands politician and former Cabinet Minister. She was the third woman elected to the Cook Islands Parliament and the first to hold the post of Cook Islands Deputy Prime Minister...
, who was the first woman to hold the post of Cook Island’s Deputy Prime Minister.
A relevant issue is the presence of the House of Ariki
House of Ariki
The House of Ariki is a parliamentary body in the Cook Islands. It is composed of Cook Islands high chiefs , appointed by the Queen's Representative...
, a parliamentary body of Cook Islands high chiefs that are not elected, but appointed by the Queen’s Representative. The group is supposed to only discuss those matters allocated to it by the democratically elected Parliament, and in reply it responds only with its opinions. A threat to democracy was posed in June 2008 during a coup claim by a small majority of the House of Ariki members, claiming to take control of the country’s leadership. The claim passed fairly quickly and was a one-off incident.
In terms of chiefly participation within the House of Ariki, Christianity is credited with according women recognition as ariki
Ariki
An Ariki , ‘Ariki , Aliki , Ali‘i , Ari'i or ‘Eiki is or was a member of a hereditary chiefly or noble rank in Polynesia.-Aotearoa Ariki:Political leadership or governance in Māori society has traditionally come from two...
(chiefs). Women are equally acknowledged as chiefs on Rarotonga, but less so in the Outer Islands.
Women’s Rights
Although the Cook Islands has, in its own right, ratified CEDAW, domestic violence against women remains at issue. There is no reliable data on the prevalence of domestic violence in the country, however anecdotal evidence does indicate it to be widespread, but largely going unreported The Crimes Act 1969, while providing for major sexual offences, does not include the full range of acts usually involved in domestic violence cases. Section 141(3) provides that marital rape cannot be punished as a crime.There exists a “no-drop” policy response to domestic violence arrests, meaning that police must proceed with the case notwithstanding the wishes of the victim. Victims who wish to have their case withdrawn must make their request to the court. Progress has been made through the Non-Governmental Organisation Women’s Counselling Centre, Te Punanga Tauturu Incorporated, which delivers educational awareness programmes across the Islands.
Sexual Minorities
Lesbian and gay rights in the Cook IslandsLGBT rights in the Cook Islands
Lesbian, gay, bisexual, and transgender persons in the Cook Islands may face legal challenges not experienced by non-LGBT residents. Homosexuality is illegal for males in the Cook Islands, though female homosexual acts are legal. Same-sex marriage is outlawed...
are a pressing issue. Male homosexuality is illegal under the Crimes Act 1969. Consensual male sodomy is punishable by a maximum term of seven years imprisonment.
Civil unions for both males and females are not legally recognised. There are no laws against discrimination based upon sexual orientation.
Freedom of Religion
The Religious Organisations Restrictions Act of 1975 limits the introduction of new religions to the only four authorised in the Act. Approval must be granted from the Minister of Justice before another religion be established..Such a provision is in violation of the right to freedom of religion in Article 18 of the ICCPR
International Covenant on Civil and Political Rights
The International Covenant on Civil and Political Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from March 23, 1976...
.