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RNZ News
22-05-2025
- Politics
- RNZ News
Cook Islands' Christian nation proposal rejected
By Rashneel Kumar , Cook Islands News The proposed amendment sought to have the Cook Islands recognised as a Christian nation and to prohibit the introduction of non-Christian religions. Photo: RNZ Pacific / Eleisha Foon The proposed constitutional amendment to declare the Cook Islands a Christian nation has been rejected by a parliamentary committee, which deemed it discriminatory and a violation of fundamental human rights, and further recommended the repeal of the Religious Organisations Restrictions Act. Foreign Minister Tingika Elikana, chair of the Special Select Committee on Religious Organisations - established last year to address the ongoing debate on religious organisations - presented its report to Parliament yesterday. The proposed amendment sought to have the Cook Islands recognised as a Christian nation and to prohibit the introduction of non-Christian religions. According to the report, the Committee, after considering the arguments on both sides and the current legal framework, believes that the proposed amendment to recognise the Cook Islands as a Christian nation infringes upon fundamental human rights, including freedom of religion and speech, set out in Article 64 of the Constitution. Furthermore, it could lead to discrimination against non-Christian faiths, the report stated. Foreign Minister Tingika Elikana and chair of the Special Select Committee on Religious Organisations. (file image) Photo: Johnny Blades / VNP The Committee believes that the Preamble of the Constitution sufficiently captures, among other important matters, the significance of Christian principles in the Cook Islands. The Preamble to the Constitution reads: "In the Holy Name of God, The Almighty, The Everloving, And The Everlasting. We, the people of the Cook Islands, recognising the heritage of Christian principles, Cook Islands Custom, and the rule of law, remember to keep holy the Sabbath Day, being the that day of the week which, according to a person's belief and conscience, is the Sabbath of the Lord." In its report, the 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 Committee is compelled to adopt measures that uphold inclusivity, equality, and fundamental freedoms, ensuring alignment with both domestic and international standards," the report said. "The Committee therefore rejects the proposed amendments to the Constitution: i. It infringes Article 64 of the Constitution; ii. The Preamble of the Constitution sufficiently captures the importance of Christian principles in the Cook Islands." The 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 Committee agreed with the submissions of the Law Society, which is summarised below. The RORA: The above 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 Committee, the four Churches listed in the RORA are all of Christian denomination, adding "RORA effectively prohibits the practice of any non-Christian religion or faith in the Cook Islands". The Committee stated prima facie, the RORA offends against fundamental human rights by: The Committee said the RORA contradicts Article 64 of the Constitution by effectively creating a legislative prohibition on all non-Christian faiths, and even Christian faiths other than the four named in the Act, and treats unequally persons of different faiths, discriminating against and marginalising people of non-Christian faith. It also offends against the freedom of thought, conscience and religion, freedom of speech and expression and the freedom of peaceful assembly and association. "For the above reasons, the restrictions imposed by the RORA are overtly unconstitutional. The RORA's provisions explicitly discriminate against unapproved religions, violating principles of non-discrimination. "Restricting religious practices must be proportional to legitimate public interests. The RORA's blanket restrictions exceed what is necessary to protect public safety or order." The Committee also said Article 64(2) of the Constitution permits limitations to Constitutional rights in the interest of 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. Any such limitation must meet the proportionality test under Article 65(2). "The Committee agrees that the RORA fails the proportionality test. As such, there are no grounds on which the RORA could be deemed consistent with the Constitution on the basis of morality. As such, the RORA is unconstitutional and should be repealed." According to the Committee, the Religious Advisory Council (RAC), which not only made written submissions to the Committee but also appeared before the Committee, has been "mistakenly" accepted as having an advisory role in several matters, such as church, immigration, seabed mining, etc. "However, the problem is that RAC is not a legally incorporated body and therefore, has no formal or legal status." The Committee recommends that the Minister responsible for the RORA take the necessary steps to: Members of the Special Select Committee also included MP Rakahanga and Opposition Leader Tina Pupuke-Browne, MP Matavera Vaitoti Tupa, MP Ruaau Timi Tunui Varu, Deputy Prime Minister and Ruatonga-Avatiu-Palmerston-Panama-Atupa MP Albert Nicholas, MP Amuri-Ureia Toanui Isamaela, and MP Arutanga-Reureu-Nikaupara Tereapii Maki-Kavana. -This article was first published by Cook Islands News .
RNZ News
12-05-2025
- Business
- RNZ News
No movement on Cook Islands-China deals months after signing
By Talaia Mika , Cook Islands News Photo: LIU BIN Three months after signing the Comprehensive Strategic Partnership with China, Cook Islands Foreign Affairs Minister Tingika Elikana confirmed that no progress had been made in implementing the potential projects under the agreements signed between the two countries. Cook Islands signed the Action Plan for Comprehensive Strategic Partnership (CSP) 2025-2030 and three memorandums of understanding with China during Prime Minister Mark Brown's state visit from 10-14 February. The agreement centres on economic, infrastructure and maritime cooperation, and seabed mineral development, among other areas. It does not include security or defence. In an interview with Cook Islands News , Elikana said they have yet to re-engage with China following the signing of the agreements. "Well, we haven't moved on yet," he said. "The Comprehensive Strategic Partnership is now in the public eye but since then, nothing yet because we haven't engaged with China what's the next steps." Read more: Elikana is scheduled to attend a Foreign Affairs Ministerial Meeting in China at the end of this month, but he does not anticipate significant developments during the visit. "Not that much, in terms of our bilateral [relationship]. But I think the good thing with that is we have an agreement now in principle," he said. "I mean, that's there to guide our relationship with China. But implementing things within it, we haven't moved on yet." The Pukapuka-Nassau MP emphasised that the government is still determining which projects require Chinese assistance. "We're trying to see what directions we need to take. We've got to look at the projects that we need, the Chinese assistance, the development project that we need the Chinese assistance for, but at the moment, we haven't identified those," Elikana explained. He noted that the only ongoing project with China is related to shipping, which predates the agreement. "The one that we are working with China is the shipping one and that has been well before the agreement was signed. So we want to deliver on that and look at what other areas that we need assistance from China." In the supplementary budget tabled and passed in February, Cook Islands government allocated $3 million to procure a new vessel from China, which is providing the other half of the funding. Regarding a timeline for implementing the agreements signed between Cook Islands and China, Elikana said there isn't one. "I think the agreement is there to its expressions of our interest to work with each other and now it's a matter of identifying which areas of cooperation we will engage," he said. Elikana reiterated the Cook Islands' commitment to its traditional partners, New Zealand and Australia. "As I've always said, our first port of call is always with our traditional partners. If they can't assist us, then we look to other development partners," he stated. The signing of agreements with China had irked New Zealand, with which Cook Islands shares a special relationship, including citizenship. New Zealand had raised concerns about a lack of consultation before these agreements, stating that the Cook Islands is required to consult New Zealand under the terms of the Joint Centenary Declaration of 2001. New Zealand's Deputy Prime Minister Winston Peters earlier said that they would "review" the China-Cook Islands agreements before deciding on their next steps. Elikana said there has been no recent communication from New Zealand on the Cook Islands' agreements with China. "Well, I haven't heard from New Zealand, and I think my officials are trying their best to talk with New Zealand, and I know there's talks at the official levels," he said. "We're looking forward to having our annual joint ministerial meetings with New Zealand and hopefully, at that time, we will have a talk about these matters, their concerns that's been raised when we signed with China on this comprehensive strategic partnership agreement." Elikana added that discussions are ongoing at the official level, with hopes of elevating them to ministerial or prime ministerial levels. "We're talking with New Zealand, and they're trying to fill us in and they're very busy these days. The Minister of Foreign Affairs seems to have been away from New Zealand, so we're waiting on that," he said. "But there's a lot of talks at the official level to see that moving forward elevated to the ministerial, or even to the Prime Ministerial level." -This article was first published by [ Cook Islands News].
