National Human Rights Day is observed annually around the world on December 10. It commemorates the anniversary of one of the world’s most groundbreaking global pledges: the Universal Declaration of Human Rights (UDHR). The Cook Islands Ombudsman Office celebrates this International Human Rights Day by recognising what is being done to uphold the state obligations and continue to oversee what is yet to be achieved, writes Ombudsman Niki Rattle.

As the world celebrates this special day, the Cook Islands Ombudsman takes this opportunity to promote the establishment of a National Human Rights Institution (NHRI) within the Ombudsman’s Office. The Ombudsman highlights the importance of this institution and focuses on key priority human rights issues in the Cook Islands. This message emphasises the value of converting the Ombudsman’s Office into an NHRI to effectively address these issues.

Today, I would like to focus around the human rights treaties that the Cook Islands Government has ratified to and mention a few:

The Convention of the Rights of People with Disabilities (CRPD)

We see the rapid construction of buildings as there is a need to meet the demand in the tourism sector as well the need for external labour and the need for compliance with the National Building Code – hence increasing the number of inaccessible buildings for people with disabilities (PWD).

This is an appropriate opportunity for the government to ensure that all buildings comply with accessibility requirements for PWDs as set out in the Disability Act as well as the Building Code, which stipulates that all buildings must be designed and constructed to provide adequate access and facilities for people with disabilities – including requirements for accessible entrances, pathways, and facilities within buildings. There is also the importance of PWDs being part of the design, implementation and monitoring phases of government projects and initiatives so that disability and gender is mainstreamed from the beginning to the end of the projects for true inclusivity and accessibility. The Cook Islands National Disability Council is an excellent team to provide such complimentary support.  

Convention on the Rights of Children (CRC)

There have been some key challenges related to children’s rights leading to more opportunistic crimes such as theft/burglary, as well as the decline in the levels of educational outcomes among students with failing in standardised tests.

Also, a recent study which revealed that 80 per cent of children under 15 have poor oral health or are showing early signs of NCDs – the Ministry of Health acknowledged NCDs as one of the biggest health challenges and the effort they are putting in to address the issue – but this needs a cross-sectoral approach beyond just health including in the Pa Enua.

One of the concerns raised is that maternity leave is only for six weeks which reduces the length of breastfeeding, which increases the risk of diabetes, heart diseases and other health-related issues.

The CRC in 2020 (and also in 2012) expressed concern that the maternity leave in the Cook Islands is significantly shorter than the international standards established by ILO which is 18 weeks according to the ILO’s Maternity Protection Recommendation No. 191.

Children rely on the adults to ensure their human rights are observed.

Convention on the Elimination of all forms of Discrimination Against Women (CEDAW)

The ongoing weekly releases of domestic violence in the local newspaper is obvious alarming evidence of abuse of women’s human rights which is unacceptable and must STOP.

One in three women have experienced physical and sexual violence at some point in their lives, according to a survey that was carried out by the National Council of Women and this is in no way acceptable at all.

I want to thank the efforts of the civil society organisations who are doing amazing work to engage with men as well as couples to address the “other side of the coin” through confidential counselling and while this is being done on the main island of Rarotonga, are there resources provided for this service to meet the need in the Pa Enua? I would guess not as they are not well resourced.

While women’s participation in the private sector and government leadership roles is commendable, there is still a lack of women representation in Parliament.

The CEDAW Committee has recently recommended all States to ensure 50-50 parity in all decision-making systems including Parliament in its General Recommendation No.40 that was issued in October. But we could start with a 30 per cent quota in Parliament which has been a “universal” standard advocated by the CEDAW Committee until its issuance of the General Recommendation.

There is also a call for women with disabilities to be included in formal decision-making roles including in Parliament. The new Parliament of the Cook Islands is constructed with a ramp for a wheelchair ready for its first woman living with a disability Member of Parliament for the next election and not forgetting all other forms of disabilities.

The Ombudsman Office celebrates this International Human Rights Day by recognising what is being done to uphold the state obligations and continue to oversee what is yet to be achieved.

Kia Manuia.