Law Society Warns Cook Islands’ Religious Rules ‘Against Human Rights’

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repealed.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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