A special select committee is reviewing submissions on a proposed constitutional amendment to declare the nation a Christian state.

Submissions regarding the proposed constitutional amendment to 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”, were presented in Parliament yesterday.

The proposal to amend the Constitution and declare the Cook Islands a Christian nation is being considered by a select committee, whose members are addressing submissions from religious and other organisations to formulate recommendations for Parliament’s consideration.

The Special Select Committee on Religious Organisations was formed in December 2024 following debate in Parliament revolving around the establishment of the country’s first mosque and three pending applications from religious bodies seeking registration in the Cook Islands.

Secretary of Justice Peter Graham, Cook Islands Christian Church (CICC) general secretary Ken Ben, Religious Advisory Council (RAC) chair Bishop Tutai Pere, and the Cook Islands Law Society representative Jamie Crawford presented their submissions yesterday.

According to Graham, based on advice from his registry staff, 25 incorporated societies have names that “suggest” they are religious organisations.

He said the CICC, Catholic Diocese, Latter Day Saints, and Seventh Day Adventist are not incorporated, but are recognised by legislation.

In his submission, CICC general secretary Ken Ben said that their proposal to introduce the constitutional amendment is to ensure the Cook Islands preserves and protects its national identity.

The Cook Islands Christian Church (CICC) general secretary Ken Ben (left), presented the CICC submissions to the Special Select Committee on Religious Organisations. MELINA ETCHES/25021216

Ben said the Cook Islands is grounded in its Christian faith and values, which have shaped the nation, its people and its culture, protecting it from foreign influence and ensuring that such influence – whether cultural, political or religious – does not corrupt the wellbeing and future of the Cook Islands people.

The Cook Islands Law Society submission examines the Religious Organisations Restrictions Act 1975, including its constitutionality and its consistency with fundamental human rights and the rule of the law. It also examined the proposed constitutional amendment to recognise the Cook Islands as a Christian nation and its consistency with current constitutional rights, fundamental human rights and the rule of law.

In her submission, Law Society representative Jamie Crawford stated that declaring the Cook Islands a “Christan nation” could offend the rule of law.

“The rule of law requires that laws are applied fairly, equally and without discrimination to all individuals within a jurisdiction.”

The Cook Islands Law Society is of the view that the Religious Organisations Restrictions Act is unconstitutional.

The Special Select Committee on Religious Organisations was chaired by Foreign Affairs Minister Tingika Elikana and assisted by deputy chair, Leader of the Opposition, Tina Pupuke-Browne.

The select committee members present in Parliament were: MP Tim “Shadow” Varu, MP Vaitoti Tupa and MP Tereapii Maki-Kavana from Aitutaki.

Chairman of the Special Select Committee on Religious Organisations, Minister Tingika Elikana, on day one of the submissions hearings in Parliament yesterday. MELINA ETCHES/25021219

Elikana said the submission hearing offers the witnesses the opportunity to be heard by the committee and to make their submissions.

“So, we can look at it and make an informed decision when we make our report,” he said. “It has been very interesting the responses we’ve had today (yesterday) and we’re looking forward to listening to the views of others.”

Elikana said they are waiting for the Ministry of Justice to provide them with the actual data on how many religious organisations are incorporated and the number of approvals given by the Minister.

The Religious Organisation Restrictions Act 1975 limits the introduction of new religions to the only four authorised in the Act – The Cook Islands Christian Church, the Roman Catholic Church, the Seventh Day Adventist Church, and the Church of Jesus Christ of Latter-day Saints.

According to the Act, approval must be granted from the Minister of Justice before another religion be established. Minister for Justice Vaine “Mac” Mokoroa told Parliament last year that there are three pending applications for new faith denominations to be registered in the Cook Islands.

Minister Elikana, a lawyer by profession, said: “As I declared before the committee, I am a born again Christian and I believe in God and the Christian principles, but when it comes to the declarations of conflict, I have declared that it will not impact my decisions. My decisions will be based on facts and on the merits of the submissions before us.”

“It plays a very difficult position but I’m clear my role is to listen to the facts, analyse it. We have the deputy who is also a lawyer, and our colleagues.”

Concerns have been raised by members in the community that allowing non-Christian groups to practice publicly is a “slap in the face” to the rights of indigenous Christian Cook Islanders, their culture and practices.

Elikana said the Cook Islands Constitution actually provides that protection under Article 64 and 65.

“But also, I don’t think our people are aware of the Preamble of the Constitution. I did ask some witnesses if they were aware of the Preamble of the Constitution and if it that was sufficient, interestingly they were a little taken aback … the declaration of Christian principles is already there in our Constitution,” Elikana said.

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.”

Four more witnesses will be heard in Parliament today. On Friday, the select committee will meet again to review the reports.

The establishment of religious bodies in the Cook Islands is governed by the Religious Organisation Restrictions Act 1975.