The article in your Tuesday, 19 November edition (RAC to address mosque legality) raises a number of interesting issues.

The first issue is what legal basis does the Religious Advisory Council (RAC) have to provide any views on the mosque and its legality or presence in the Cook Islands? There is no reference in the Religious Organisations Restrictions Act 1975 to the RAC or a requirement for the Minister of Justice to consult with the RAC in making any decision approving a religious organisation.

A search of the digital Laws of the Cook Islands shows a number of references in different statutes to the RAC but it does not reveal any statute which establishes the RAC in law.

A search of the Ministry of Justice online registry of domestic entities also shows no entity incorporated as RAC.

This raises the question of what exactly is the RAC? How is it constituted, who is behind it, what is its mandate, and what are its rules and policies (the chairman of the RAC has already said they have no 'formal' policy in place on the establishment of religions in the Cook Islands)?

If in fact the RAC has no status at law, it is arguable the RAC is a 'religious organisation or association of persons (whether incorporated or not)' that needs to be approved by the Minister under section 3 of the ROR Act. Does the RAC have such approval?

If the RAC does not have such approval, it should not be too concerned as I would query whether the ROR Act is even constitutional. My reading of the ROR Act is that sections 3, 4, and 5 could be breaches of the fundamental rights guaranteed under the Constitution in article 64(1), including the freedom of religion and peaceful assembly and association.

Of course, the Constitution not only protects the fundamental rights of the RAC but also those of our Muslim residents and people of all religious beliefs. HM