to four churches in the Cooks
pp. 49-51 · Read in the full issue
Rights
Freedom of religion restricted to four churches in the Cooks
By Florence Syme-Buchanan
y"OOK Islanders are sup m posed to have religious M freedoms, but a law restricting the number of religions in the country to just four Christian sects, contradicts that.
This law is just one of many in the island state that are archaic and quirky, and sometimes, plainly unconstitutional. The law is so strange in a democratic society the New Zealand law lecturers often use it an example of legislation that’s at odds with fundamental freedoms.
Only the Cook Islands Christian Church, a remnant of the London
Missionary Society, Roman Catholic
Church, Seventh Day Adventist Church and Church of Jesus Christ of Latter Day Saints are officially recognised here. Other religious organisations can’t be established here without the approval of the minister of justice, who can impose any conditions he wants.
Only these four religions can have pub lic meetings or worship, all others are sup posed to first have ministerial approval. If any church, hall, tent or building is built or used without ministerial approval, it can be closed down or demolished by the high court, states the 1975 law. A person can be fined up to $2OO for breaking the law.
The Religious Organisations
Restrictions Act was the work of the late premier, Albert Henry, who had the law enacted after the Jehovah’s Witnesses, Baha’i Faith and Assembly of God were introduced to the Cook Islands. A govern ment legal source says Henry wanted to “protect the Cook Islands people from too many religious sects.”
Despite Albert Henry’s intentions, these religious sects, are now well established in the Cooks. The Apostolic Church and Assembly of God are flourishing, attract ing members from the biggest Cook Islands Christian Church. The membership shift is becoming increasingly evident.
It’s probably because of the new style of worship with live bands, hand clapping and “contextualising the Christian mes
sage and making it contemporary so it’s relevant to people,” says AOG Pastor George Pitt.
“Church can be very boring,” says Pastor Pitt, a new breed of church leader who, on weekdays doubles up as general manager of Cook Islands Television.
The AOG and other newer sects were given the official okay to worship in the Cooks by former justice minister, Tupui Henry, son of Albert Henry.
Pitt says “at different times we’ve asked for the Act to include the Assembly of God,” but to date have not received a response from successive governments.
The AOG and other churches also want to be represented on the powerful Religious Advisory Council, whose mem bership is confined to the four recognised religions. But Pitt says no one seems cer tain who decides who can belong to the Council.
RAC Chairman Pastor Kevin Geelan says they have a membership application before them. The application is from the
Aog.
Pastor Geelan says the Act is a “sensi tive issue that needs to be taken slowly.”
The Religious Advisory Council is rep resented on just about every national organisation, including the National Development Council, a government appointed religious advisory body.
It also appears that a justice minister can revoke the registration of any practis ing religions, other than the big four, if he wants to. This has not happened. Yet.
Earlier this year. Justice Minister Tiki Matapo instructed Crown Law to come up with a policy that establishes criteria for RAC membership.
In 1994 Matapo introduced an amend ment to the Act that states all religions must take into consideration local prac tices and customs.
Justice Minister Tiki Matapo says that came about after an outer island aronga mana (minor chief), who belonged to the Baha’i Faith died in Rarotonga.
When the body was returned to neigh-
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bouring Mauke island, the aronga mana wished to conduct a Cook Islands Christian Church service, to recognise his status. But the family wanted a Baha’i service, which didn’t please the aronga mana.
If the man had died after 1994, by law, the aronga mana would have the right to insist on what service should be per formed, according to their local practice.
The family’s wishes, as Baha’is and a minority, could have been over-ruled.
Of the arrival of new religious sects in the country, Matapo says "you can’t stop it”.
He says there was an idea to restrict all forms of religions here to just Christianity.
"It’s too late for that sort of thinking, we are already invaded by all sorts over
here.” says Matapo.
“If a guy wants to worship a cow, that’s his right.” That freedom is clear in the Cook Islands constitution. But the 1975 Act is also clear in its restrictions and suc cessive governments have not bothered to correct the anomaly.
Recently the national spiritual assembly
of the Baha’i Faith formally appealed to Government to “add the country’s protest to that of the international community” over the execution and persecution of Baha’is in Iran. It’s unsure whether the small Baha’i community here, numbering 70 adults will get government to protest the persecution of a faith order is doesn’t offi cially recognise. Meanwhile, the restriction on religions contradicts the fundamental
human rights and freedoms of the Cooks enacted by Parliament less than a decade later in 1981. A local lawyer says “it’s sur prising the Act has not been repealed,” because religious restrictions are "uncon stitutional and interferes with a person’s freedoms”
Some years ago when a former minister got up at a United Nations meeting to prat tle on about human rights, he was rapped over the knuckles by the international organisation.
The UN felt it was inappropriate for the Cook Islands to be spouting off about human rights when it has a law that forbid ding more than four religions in the coun try and the right of people of other faiths to worship as they please. ■


