Lawyers say declaring Cook Islands ‘Christian’ would violate human rights

Some Rarotonga churches want a constitutional amendment to protect and promote the Christian faith as the basis for laws and governance.

The push for constitutional change came after a mosque was discovered on the island. But the Cook Islands Law Society (CILS) said that the proposed change would be unconstitutional.

The law society made a submission to that effect to the Religious Organisation Special Select Committee. It also called for the repeal of the current Religious Organisations Restrictions Act (RORA) 1975 in the Cook Islands.

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 to which the public has access or is in public view.

However, the restrictions do not apply to certain 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. This is said to be in conflict with Article 64 of the Cook Islands Constitution, which allows for freedom of religion, speech and expression.

In order to “ensure no inconsistency” for the Cook Islands to be declared a Christian nation, several “fundamental freedoms” would need to be abolished, the law society submission stated. These 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 Cook Islands’ credibility in regional forums could well be undermined, the CILS argues.

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

The Cook Islands is a self-governing state in “free association” with New Zealand. The Cook Islands is part of the Realm of New Zealand, with the same Head of State, King Charles III.

Although the Cook Islands conducts its own affairs, New Zealand has a constitutional responsibility to respond to requests for assistance with foreign affairs, disasters and defence from the government of the Cook Islands.

Meanwhile, Papua New Guinea’s Parliament has passed a constitutional amendment formally recognising the nation as a Christian country. The decision, made on March 12, saw a majority of 80 votes in favour and only four against.

But assurances were given that the amendment does not infringe on the rights of individuals practising other religions.

Section 45 of the PNG Constitution, which protects freedom of conscience, thought and religion, remains intact.

FULL STORY

Law Society warns Cook Islands’ religious rules ‘against human rights’ | RNZ News (By Caleb Fotheringham/Radio New Zealand)

Papua New Guinea declares Christian identity in constitutional amendment | RNZ News (Radio New Zealand)

Cook Islands | New Zealand Ministry of Foreign Affairs and Trade (MFAT)