Religious amendment to Cook Islands Constitution rejected

A special select committee on religious organisations was established last year in the Cook Islands to address an ongoing debate on religious organisations. The proposed amendment sought to have the Cook Islands recognised as a Christian nation and to prohibit the introduction of non-Christian religions.

Foreign Minister Tingika Elikana, who is chair of the select committee, presented its report to the Cook Islands Parliament last week. The report stated that the proposed amendment was discriminatory and a violation of fundamental human rights, specifically freedom of religion and speech, set out in Article 64 of the Cook Islands Constitution.

The committee believed that the Preamble of the Constitution sufficiently captures, among other important matters, the significance of Christian principles in the Cook Islands.

The select committee agreed with the Cook Islands Law Society that the rule of law requires that laws are applied fairly, equally and without discrimination to all individuals within a jurisdiction.

The select committee also concluded that the Religious Organisations Restrictions Act (RORA), which restricts the establishment of religious organisations in the Cook Islands, is “unconstitutional and should be repealed”.

The restrictions do not apply to 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 or association approved by the Minister of Justice.

According to the select committee, the four churches listed in the RORA are all Christian denominations, adding “RORA effectively prohibits the practice of any non-Christian religion or faith in the Cook Islands”. This is seen as breaching fundamental human rights.

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.

FULL STORY

Cook Islands’ Christian nation proposal rejected | RNZ News (By Rushneel Kumar/Cook Islands News)

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