Law Society Warns Cook Islands' Religious Rules 'Against Human Rights'

Friday, 14 March 2025, 9:09 pm
Article: RNZ

Caleb Fotheringham, RNZ Pacific Journalist

The Cook Islands Law Society says the country's religous laws impinge on basic human rights.

Churches on the island are pushing to introduce a constitutional amendment that would "recognise the Cook Islands as a Christian Nation, with the protection and promotion of the Christian faith as the basis for the laws and governance of the country".

But the Law Society says Cook Islands' religious rules are already "overtly unconstitutional" and "offends against fundamental human rights".

The push to declare Cook Islands a Christian Nation comes after a mosque was discovered on Rarotonga.

The Religious Organisation Special Select Committee has been hearing submissions on the matter.

The Cook Islands Law Society (CILS), in its submission to the committee, said the proposed call is unconstitutional, but so is Cook Islands current legislation under the Religious Organisations Restrictions Act 1975 (RORA) and recommends it is repealed.

The Act restricts the establishment of religious organisations, the establishment of buildings used for public meetings or place of worship, and the conduct of any meeting for religious purpose which the public has access or in public view.

However, the restrictions does not apply to Christian denominations; the Cook Islands Christian Church, The Roman Catholic Church, The Seventh-day Adventist Church, The Church of Jesus Christ of Latter-day Saints and any organisation approved by the Minister of Justice.

"The RORA effectively prohibits the practice of any non-Christian religion or faith in the Cook Islands," the CILS submission said.

It said it was in conflict with Article 64 of the Cook Islands Constitution, which allows for freedom of religion, speech, and expression.

It said the RORA "offends against these fundamental constitutional rights" by restricting the establishment of non-recognised religious organisations, conflicting with the constitution's guarantee of religious freedom, limiting these rights by privileging one faith over others and discriminating against minority religious groups or non-believers.

"For the above reasons, the restrictions imposed by the RORA are overtly unconstitutional."

The law society said it also goes against the UN's International Covenant on Civil and Political Rights.

The proposed amendment

The CILS said to "ensure no inconsistency" for the Cook Islands to be declared a Christian nation several "fundamental freedoms" would need to be abolished.

It included freedom of religion, thought, speech, and the right to equality before the law.

"Abolition of these rights and freedoms would be nothing short of catastrophic."

The submission said declaring the Cook Islands a Christian nation could institutionalise a preference for Christianity, creating unequal treatment of individuals who do not identify as Christian.

It also said the declaration contradicts the Pacific Islands Forum (PIF) advocacy for human rights "potentially undermining the Cook Islands' credibility in regional forums".

"It may invite scrutiny from PIF's rights-based programs, weakening its leadership position in promoting rights-based governance.

"Partners like New Zealand, which provides substantial support to the Cook Islands, may voice concerns over perceived discrimination or regression in governance."

It said as a member of the international community the Cook Islands is expected to uphold human rights consistent with treaties and conventions it is party to.

"Adopting such a stance could draw criticism from international human rights bodies and potentially affect the Cook Islands' reputation and international standing."

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