The comments from the Minister for Justice concerning the registration of religious organisations in the Cook Islands warrant careful legal, constitutional, and human rights consideration, says the Leader of the Opposition.

Democratic Party leader Tina Browne was responding to a comment made by Minister Vaine “Mac” Mokoroa about unregistered religious bodies that shouldn’t be operating in the Cook Islands.

Mokoroa told Cook Islands News that the country’s first and only mosque,Masjid Fatimah Rarotonga established in 2018, and two Christian denominations have yet to be registered and should not be operating until he meets with the Religious Advisory Council (RAC) to discuss their legality. 

He said they have not yet registered with the government as required by the Religious Organisations Restrictions Act of 1975 which limits the introduction of new religions to 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.

Opposition leader Browne emphasised that any discussions or actions taken must align with the fundamental principles enshrined in our Constitution, particularly Article 64(1), which guarantees the freedom of religion, speech, peaceful assembly, and association.

Browne said these rights form the cornerstone of our democracy and must be upheld for all people, regardless of their faith or beliefs.

“The Minister’s reliance on the Religious Organisations Restrictions Act 1975 highlights the urgent need for a legislative review. While the Act provides a framework for registering religious bodies, its restriction to four denominations as authorised religions raises concerns about its compatibility with modern standards of human rights, which are championed globally and by the Commonwealth Parliamentary Association (CPA), of which the Cook Islands is a proud member,” she said.

Looking at the legal and constitutional implications, Browne, a lawyer by profession, said that under Article 64(1), all individuals and groups are entitled to practice their faith freely without undue interference, provided it does not conflict with public order, morality, or health.

Requiring registration as a prerequisite for religious expression could be seen as an infringement on this constitutional right, particularly where the criteria for registration are overly restrictive or lack transparency, she said.

“Additionally, the 1994 amendment to the Act rightly introduced safeguards to prevent arbitrary denials of registration. Specifically, it requires the Minister to base decisions on clear and justifiable grounds. This provision underscores the importance of fairness, accountability, and non-discrimination in such decisions. Any action taken by the government that does not align with these principles risks being unconstitutional and subject to legal challenge.”

Browne said that Cook Islands has a proud history of advocating for human rights through its membership in the Commonwealth Parliamentary Association and other international forums.

“As legislators, it is our duty to ensure our laws reflect these commitments and do not perpetuate discrimination. The existence of a mosque and other religious groups reflects the evolving diversity of our nation, which should be celebrated rather than constrained,” she said.

“We urge the government to collaborate on this critical legislative reform to ensure that the rights of all Cook Islanders are safeguarded while maintaining harmony within our communities.”

The Opposition has proposed an immediate and comprehensive review of the Religious Organisations Restrictions Act 1975, with the objectives:

      1.   Ensuring Compliance with Constitutional Rights: Amend the Act to align with Article 64(1) by removing discriminatory provisions that restrict registration to a select group of religious denominations. All faiths should be treated equitably, with their registration evaluated based on clear, consistent, and non-discriminatory criteria.

      2.   Balancing Rights with Cultural Sensitivities: Introduce guidelines that protect Cook Islands’ customs and traditions while respecting the diversity of religious practices. This could include a consultative process involving religious groups and community leaders to foster understanding and inclusivity.

      3.   Streamlining the Registration Process: Develop a transparent and efficient registration framework. This would involve clear timelines for decisions, a formal appeals process for denied applications, and public disclosure of registration requirements.

      4.   Enhancing Public Education: Promote awareness about the rights and responsibilities of religious bodies, including the importance of registration and its implications. This initiative should emphasise mutual respect and understanding among different faiths.

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