CONSTITUTION 

The Constitution of the Cook islands was adopted in 1964. From this time, the Cook Islands obtained self-governance with internal autonomy with defense and foreign affairs remaining the responsibility of New Zealand. In 1965, the Cook Islands exercised its right of self-determination and entered into a relationship of free association with New Zealand. The relationship has remained an evolving one of partnership, freely entered into and freely maintained, with both countries respecting the right and freedom of the other to pursue their own national policies and interests.

Under successive governments and in cooperation and with the assistance of New Zealand, the Cook Islands has developed in many different ways over the years. Consonant with its growing experience and expertise in foreign affairs matters, the Cook Islands has increasingly assumed direct responsibility for its own international relations, bilateral and multilateral, regional and global. In so doing, it has itself become a Party to multifarious treaties and a full member of a wide range of regional and multilateral organisations.

HUMAN RIGHTS 

Part IVA Cook Islands Constitution provides for Fundamental Human Rights and Freedoms. Although there is no specific mention of the rights of persons with disabilities, or no prohibition of discrimination on the grounds of disability, all individuals have a right of equality before the law and a right of protection by the law. The Constitution specifically forbids the imposition of cruel and unusual treatment or punishment. The Constitution guarantees freedom of peaceful assembly and association and freedom of speech and expression.

The Cook Islands has an Ombudsman Act 1984. Actions or inaction by governmental bodies may be reviewed by an Ombudsman, who has power to make recommendations as to remedial action. The decision as to whether a review should occur is discretionary. The jurisdiction includes review of improperly discriminatory action.

The Electoral Amendment Act 1998 makes provision for electors who are physically disabled to register as electors. Special provision is also made for blind, disabled or illiterate electors or those who are of old age or who are ill to vote. The Electoral Amendment Act 1999 provides for special consideration for blind, disabled or illiterate electors. Section 8L of the Act provides that where for the purpose of a petition, any elector is blind or is unable to read or write (whether because of physical handicap or otherwise), his declaration may be signed by the Presiding Officer. Section 8M of the Act further provides that electors by reason of old age, illness or disability are unable to attend a place for the conduct of a petition, may be registered as a special care elector. This section also applies to blind, disabled or illiterate electors.

SIGNATORY TO THE UNESCAP PROCLAIM NATION ON THE FULL PARTICIPATION AND EQUALITY OF PEOPLE WITH DISABILITIES IN THE ASIAN AND PACIFIC REGION 

The Cook Islands signed the Proclamation in July 2000.

DISABILITY SPECIFIC LEGISLATION 

The first objective of the Cook Islands National Disability Action Plan is to pass
Legislation upholding the rights of persons with disabilities and protecting them from discrimination.

FOCAL POINT ON DISABILITY WITHIN GOVERNMENT 

The Ministry of Internal Affairs was identified in 2000 as the focal point for Disability

NATIONAL COORDINATION COMMITTEE OR NATIONAL DISABILITY COUNCIL 

In the year 2000, the Cook Islands assigned Disability personnel within the Ministry of Internal Affairs to coordinate government’s disability programs. In the year 2001 the Cook Islands Disability Council was established.

NATIONAL DISABILITY POLICY OR STRATEGY

In the year 2003 the Cook Islands developed a National Disability Policy. This was achieved by a process of extensive consultation, begun in 1999, and with assistance of EPOC in the consultation and drafting process. The National Disability Policy provides a framework to address the fundamental rights of persons with a disability, and reflects the spiritual dimension to cultural and social life in the islands.

NATIONAL DISABILITY ACTION-PLAN 

The first 5 year National Disability Action Plan was developed in 2003. 

DISABILITY STATISTICS AND DATA COLLECTION

In 1989 a disability survey was conducted by EPOC in southern group islands. In 2001, Disability was included in the National Census. In 2001 a survey was conducted of all persons with disabilities in the Cook Islands. This process was facilitated by Inclusion International with NZODA funding.

SELF-HELP ORGANISATIONS

The Cook Islands Disabled Peoples Organization (DPO) was established in 2001 and became a member of DPI in 2002. Disability Committees have been formed on outer Cook Islands, encouraged by the Cook Islands Disability Council. The Government is represented on each of these Committees, and provides some financial support.

WOMEN WITH DISABILITIES

After consultation with the Cook Islands, New Zealand ratified the UN Convention on Elimination of all Forms of Discrimination against Women in 1985, and extended it to apply to the Cook Islands. There is a representative from the Cook Islands on the Pasifika WWD Forum, which held its first meeting in Suva, Fiji, in December 2003.

EARLY DETECTION, EARLY INTERVENTION AND EDUCATION

In 1989 An Early Intervention Centre was established in Rarotonga. The Ministry of Health Act 1996 establishes a Ministry, with prescribed functions, including "to foster the preservation of health and life among the people of the Cook Islands, recognising that the physical and social environment is an important determinant of health..". There is no specific mention of disability, but the Act also requires the Ministry to ensure that each individual has access to appropriate preventive, therapeutic, and rehabilitative services and care. There are no formal rehabilitative services

EDUCATION

In 1989 Education compulsory for all children between ages of 5-15 began. In 1993 A Special Needs Unit was established in 1 primary school in Rarotonga. In 1997 the Cook Islands ratified the Convention on the Rights of the Child. In 2001 Ministry of Education mandates the inclusion of children with disabilities in the school system. In 2001 Special Needs Education Policy developed and adopted by the Ministry of Education. A Special Needs Education Adviser was appointed to the Ministry, with responsibility for coordinating teaching and learning programmes for children with special needs, as well as training of teachers in the education system. In 2001 the “Cook Islands Disability Identification Survey” was carried conducted. 2002 Report on data on children with disabilities provides specific data about the number, type and location of students of school age with disabilities, and provides recommendations for the education sector. It was found that 50% of school age children with disabilities were not receiving any formal education. The education plan recommends the use of teacher aides and resource teachers, and in accordance with budgetary implications, will be implemented in stages. Outer islands would continue to be serviced by the Special Needs Adviser and resource teachers based in Rarotonga until phasing in of resource teachers and aides on outer islands.

TRAINING AND EMPLOYMENT 

An adult training centre has been set up to assist with life skills programmes. It was run on a voluntary basis for many years with some support from the Ministry of Health and Ministry of Internal Affairs. Since 2004 NZAID granted funding support towards the operation of the Centre together with the continuous support of the Ministries of Health and Internal Affairs.

ACCESS TO BUILT ENVIRONMENTS AND PUBLIC TRANSPORT

The Building Controls and Standards Act 1991 sets up a Building Controller and permits system, but say nothing in relation to access for persons with a disability. There is an intention to introduce legislation to require Government buildings, and public places to be accessible, and to provide appropriate parking for persons with disabilities.

ACCESS TO INFORMATION AND COMMUNICATIONS

There is a wide access to information about social and cultural issues enabled by schools, public libraries and the media.

POVERTY ALLEVIATION

There are no generic social security provisions. The Welfare Act 1989 provides child benefit, old age pension, destitute and infirm persons’ relief. There is a statutory Committee to make provision for assistance for persons who are unable to support themselves permanently. PART1V of the Welfare Act 1989 interprets ‘Destitute person’ and ‘Infirm person’ as any person unable permanently to support himself by his own means or labour and includes persons with dependents where such dependants are unable through infirmity or age to support themselves by their own means or labour. The Welfare Amendment 1989, No.34 (a) defines ‘blind persons’ as a person so blind as to be unable to perform any work for which eyesight is essential and (b) ’Infirm persons’ also includes any blind person. There is a benefit for all children up to age 12 as amended in 2005. There is a Workers Compensation Ordinance 1964, under which employers have a liability for compensation in case of death or incapacity arising from accidents at work or occupational disease.

CRIMINAL LAW

Criminal Codes. There is a presumption of sanity until proved otherwise. No person may be convicted if he was laboring under natural imbecility or disease of the mind to such an extent to render him incapable of understanding the nature and quality of the act or omission or of knowing that the act or omission was morally wrong. There is an offence of having sexual intercourse with a woman or a girl who is an ‘idiot’ or ‘imbecile’. Legal aid is provided by the Ministry of Justice at the discretion of the Registrar. It is provided for criminal cases only and certain criteria apply.

OTHER LAW

Under PART III of the Entry, Residence and Departure Act 1972, it is unlawful for any person who, in the opinion of the Director of Health, is mentally defective to enter the country. Not all statutes were available at USP, in particular 1997 or anything after 1999.

Return to Disability Country Profiles homepage | Disability homepage | Top of Page