Committee on the Rights of the Child considers report of the Cook Islands

Committee on the Rights of the Child
26 January 2012

The Committee on the Rights of the Child today considered the initial report of the Cook Islands on its implementation of the provisions of the Convention on the Rights of the Child.

Nandi Glassie, Minister of Health of the Cook Islands, said the Cook Islands were a small, developing Pacific island nation of 15 islands and 11,000 people. Tourism was the main economic activity, with an estimated 100,000 visitors in 2011. The two greatest development challenges for the Cook Islands were providing basic services and development opportunities in each island, and the long-term trend of depopulation. State budgets for health, education, welfare and social benefits had increased over the last decade. In 2008 the Disability Act was passed, while legislation under review included the Family Law Bill, the Crimes Act 1969 and a new Education Bill.

Sanphasit Koomprephant, the Committee Expert acting as Rapporteur for the report of the Cook Islands, said that in the 15 years since the Cook Islands had ratified the Convention there had been progress and challenges. Many existing laws did not much conform to the Convention, especially the Crimes Act which held different standards for boys and girls and had weak protection for children with disabilities. Other problems included discrimination towards children from the outer islands and children with disabilities, sexual abuse of children, particularly girls, by their families and the early pregnancy rate.

Experts also raised questions about commercial exploitation of children within the tourism industry, the rapidly increasing ‘brain drain’ or emigration of young people, the low breastfeeding rates and problems of obesity in children, education provisions, and juvenile justice and the age of criminal responsibility.

Mr. Koomprephant concluded by saying that the geographical layout of the State party gave rise to many difficulties that he hoped would be overcome by the State party’s commitment to implementing the Convention.

In concluding remarks, Mr. Glassie said that the key areas that the Government would focus on were removal of reservations, development of a national co-ordinating mechanism and enactment of key legislation. Given the challenges faced by the Cook Islands, namely geographical isolation, vast distances between islands and a declining population, assistance to implement the Convention would be required.

The delegation of the Cook Islands included representatives of the Ministry of Health, the Ministry of Internal Affairs, the Crown Law Office and the Ministry of Foreign Affairs.

When the Committee next meets in public at 5 p.m. on Friday 3 February it will issue its concluding observations and recommendations on the reports which it has reviewed this session and will then close the session.

Report

The initial report of the Cook Islands can be read via the link: (CRC/C/COK/1).

Presentation of the Report

NANDI GLASSIE, Minister of Health of the Cook Islands, said the Cook Islands were a small, developing Pacific island nation of 15 islands (12 inhabited), dispersed over many miles of ocean, within waters of 1.8 million square kilometres. Domestic travel between islands was limited and expensive. The travel time by boat from the main island of Raratonga to the most northern island would take approximately five days. Travel by air to islands in the Northern Group cost the same amount as the airfare to Europe. In June 2011 the resident population was estimated to be 11,000 people, of whom 74 per cent lived on Raratonga, the seat of Government and economic centre of the Cook Islands, 20 per cent in the six southern islands and six per cent in the five northern islands. Of the total population 26 per cent were 15 years or younger. Tourism was the main economic activity, with an estimated 100,000 visitors in 2011.

The two greatest development challenges for the Cook Islands were the extreme diseconomies of scale in providing basic services and development opportunities in each island, and the long-term trend of depopulation. Government priorities were the provision of basic services, including roads, energy and water, and economic growth. State budgets for health, education, welfare and social benefits had increased over the last decade. In 2008 the Disability Act was passed, while legislation under review included the Family Law Bill that contained provisions for child rights; a revision of the Crimes Act 1969 to include domestic violence, domestic discipline, child sex offences and pornography, as well as cyber crime; and a new Education Bill that would lift the compulsory minimum school leaving age from 14 to 16 and make corporal punishment in schools illegal.

Steps to be taken in the near future included lifting reservations to the Convention on issues of immigration, an effective national mechanism on children, and new programmes with development partners to tackle the declining population and limited resources. The Cook Islanders took pride in who they were and in their cultural identity. They were a peaceful nation. The extended family remained the basic unit of society and had primary place in the community. Children remained a priority for the Cook Islands, and the Government was committed to the existing agenda of reform, and welcomed the opportunity for self review in the constructive dialogue with the Committee.

Questions from the Experts

SANPHASIT KOOMPREPHANT, Committee Expert acting as Rapporteur for the report of the Cook Islands, first thanked the delegation for making such a long journey – a 30 hour flight – to Geneva to present their initial report. In the 15 years since the Cook Islands had ratified the Convention on the Rights of the Child, there had been progress and challenges. Legislation was one of those challenges, as the existing laws did not much conform to the Convention, especially the Crimes Act which held different standards for boys and girls and had weak protection for children with disabilities. Another challenge was discrimination, especially towards children from the outer islands and children with disabilities. The draft revised Family Bill would help remedy that situation, but it would take a long time to be enacted – in fact the State seemed to have very long processes to establish any policies, programmes, monitoring or other systems required to protect children.

Sexual abuse of children at home or by their families, in particular of young girls, had not been remedied by the State, and left child victims chronically traumatised, Mr. Koomprephant said. Child victims who became pregnant could not access pre-natal care or State services because the child’s family refused to acknowledge sexual abuse to outsiders, a situation more prevalent in the outer islands. Consequently there had been an increase in children without birth registration who could not access services, and in the mother being forced to drop out of school. Moreover, fathers did not usually pay maintenance for the children so the mother had to shoulder the responsibilities alone.

An Expert said that the Cook Islands were lacking a good data compilation system. For example, there was no information available on breastfeeding rates – the only data was 15 years old. The Expert applauded measures to eliminate gender discrimination, but asked how the Government would find out if their measures were effective without data?

Although the Cook Islands were fuel dependent they had managed to keep their economy afloat even at a time of global economic crisis, which was laudable. However, the tourism industry had a tendency to permit, albeit involuntarily, child prostitution and child pornography. Would the Government consider a mutually agreed code of conduct with the entire tourism industry so that the private sector could take into account the rights of children and the need to preserve society’s values and culture? Had the Government examined the impact that the tourism construction sector had on the delicate environment of the Cook Islands, especially on the smaller islands?

An Expert asked about ratification of other international instruments, including the Optional Protocol of the Convention on the Elimination of Discrimination against Women, certain International Labour Organization conventions and the Convention on the Rights of all Persons with Disabilities. Did the Government intend to establish a general law relating to the rights of the child? Some changes to legislation were needed. For instance, the age of marriage was good – 18 for girls and 21 for boys – but with parental authorization it could be 15 for girls and 18 for boys.

The population was decreasing in a worrying fashion, at the same time the rest of the population was rapidly ageing. Many of the young people were emigrating, mostly to New Zealand. What could be done to give a real future to the children at home, rather than emigrating abroad? Was there a Government policy to keep its young people and prevent the ‘brain drain’? What did the Government intend to do to encourage young people and children to participate in decision making and policy shaping, at both the national and community levels. That may help more young people stay in the Cook Islands instead of leaving for New Zealand or other countries.

Young people with disabilities were often looked down upon in society, hidden away, not given opportunity to express their views, and faced problems with transport. Only one island, Mangaia, had a van to transport children with disabilities. What steps were being taken to incorporate inclusive education into the curricula?

An Expert noted the absence of a national child helpline. Was corporal punishment prohibited in schools and homes, and if so, was that ban enforced, and how were violations reported? There was an under-reporting of sexual abuse, and that was possibly because of the lack of confidentiality and privacy of information.

Response from the Delegation

The head of the delegation thanked the Experts for their pertinent questions and noted that some issues were still in embryonic form, while others were covered by the National Strategy Plan. Depopulation was a serious issue, but historically the Cook Islands belonged to the Polynesian people who were prolific travellers and explorers. When the international airport opened in 1974 it gave Cook Islanders the luxury to travel afar. It was difficult for the Government to dissuade Cook Islanders from travelling, and the bright lights of cities were very attractive to young people. The Government had held roadshows in both the Cook Islands and Australia asking people to return home, but people wanted to know how that would be an advantage for them. The Government was investing in higher salaries in the hope it could attract its people to come home and invest in the future.

A delegate said that rather than an overarching law on the rights of the child, it would be more practical, cost effective and timely to have a national mechanism on implementing the rights of the child. The Government would ask for external assistance in doing that, so as not to reinvent the wheel, and to benefit from other States’ experiences. While statistics and data on children were collected, it was not consolidated or accessible, and it was important to improve that. The Government would not consolidate a definition on the age of the child for now, but recognized that the law held different capacities, such as the age for juvenile justice, although the marriageable age was now the same for girls and boys.

An Expert intervened at this point in the dialogue and said it was very important to have a definition of the age of the child and anyone between the ages of zero to 18 should be completely protected. However, that did not mean that a State party could not have a minimum age for work, or for a prison sentence, for example.

A delegate replied that the forthcoming Family Law Bill would decree that anyone under the age of 18 was a child, but different ages were referred to in other pieces of legislation. The Family Law Bill would remove the Juvenile Crimes Act from the justice system and move it into the welfare-social field under the Ministry of Internal Affairs. The Family Law Bill was currently being reviewed by the Law Society of the Cook Islands, it would be presented to Cabinet in March, then to a Parliamentary Select Committee for broader community consultation.

In 2007 the Government put in place a national Youth Policy to ensure that young people could enjoy meaningful activities, and to target depopulation by post-high school aged youth who were the key age group leaving the Cook Islands. Despite the policy that youth group had continued to leave. Generating economic opportunities for the youth, to prevent them leaving, was critical for the Cook Islands.

A review to combat violations against children, including sexual abuse, recently took place in partnership with the Government of Australia. There was a need to protect children from sexual offences, and the Government intended to amend laws to deal with violations of a sexual nature by males and females, sexual grooming, child pornography, child prostitution, to criminalise offences relating to commercial exploitation of children, and extend the law prohibiting sexual conduct with children living outside of the Cook Islands. New legislation prohibiting domestic violence would be inserted into the Crimes Act. Corporal punishment was prohibited in schools under the Education Bill, but corporal punishment in general would soon be criminalised under the Crimes Act.

The Cook Islands acceded to the Convention on the Elimination of Discrimination against Women’s Optional Protocol in 2007, and planned to accede to the Convention on the Rights of the Child’s Optional Protocol on children in armed conflict. The role of the private sector in the implementation of the Convention, particularly in the tourism industry, had so far been minimal. However the Ministry of Health had been promoting a message of safe sex to tourists and youth. The recommendation of a code of conduct for all tourism operators was most welcome, and would be discussed.

A delegate likened dissemination of the Convention to a fire: immediately after accession there was a flurry of activity to actively promote it in schools, the teacher training college and the nurse training college. Unfortunately other priorities arose and the fire became an ember: the Convention was not actively promoted at the time, but its principles were still present. The Government needed to do more to actively promote it.

In collaboration with non-governmental organizations, there were workshops with a human rights focus, attended by members of the judiciary, which educated and created awareness, and also instilled within them certain principles of human rights practice.

The attitude towards children with disabilities was all-embracing and there was a focus on involving them in mainstream schools – there were no separate schools for children with disabilities. That taught acceptance more broadly in the classroom.

Questions from the Experts

SANPHASIT KOOMPREPHANT, Committee Expert acting as Rapporteur for the report of the Cook Islands, asked about the family environment, especially the lack of maintenance for a child from the father. What mechanism had been set up to detect domestic violence? Were there any support programmes for child victims of crimes, and what measures had been taken to support a student in conflict with the law who had been repatriated from New Zealand? What provisions were provided for children in conflict with the law living in institutional care, such as education, pastoral support and vocational training?

Could the delegation provide more information on breastfeeding, an Expert asked, as the report showed that exclusive breastfeeding rates were very low? There was no international code on marketing of breastmilk substitutes in place – a law was needed to make the promotion and marketing of breastmilk substitutes illegal. The use of breastmilk substitutes, of formula, was linked to a problem with overweight babies in the Cook Islands, particularly between the ages of zero and five months. Also, were there plans to establish a baby-friendly hospital?

There was an increase in health problems among young people, including depression, suicide, alcohol and drugs abuse, and underage sex. Was there a programme of psycho-social support for adolescents? The nutritional problems facing infants were also present for school-age children, namely an excess of junk food in the diet. Were there any programmes to improve nutrition and eating habits?

An Expert noted the high adolescent pregnancy rate. Was there any national ruling to allow pregnant teenagers to continue with their education? What was the availability of contraceptives, and was sexual education taught in school? Was it true that pubescent girls took the contraceptive pill to avoid menstruation?

An Expert requested more information on adoption, and whether the natural parents could designate who would adopt their child, as that could lead to an adoption market. He also asked about discrimination towards Maoris, who could only adopt children of Maori ethnicity. Abortion was not legal unless the mother had obstetric difficulties, or was the victim of rape or incest.

An Expert commended the much-needed review of the Education Act. There was a strong and active early childhood education strategy, but did it cover all of the islands? Parents often sent their pre-school aged children to live in the outer islands with their grandparents. Once they reached school age the children were returned to their parents. Were grandparents supported in that caring duty with practical skills, not just financial?

The partial scholarship which helped children from outer islands to go to school in Raratonga was welcomed. However, those scholarships were reportedly insufficient to cover the costs. The school drop-out rate was high: what measures had been taken to reduce it? Were there subjects on the secondary school curricula to educate young people on the need for them to stay on the islands, and how they could contribute?

An Expert asked about children in armed conflict and whether foreign children ever came to the Cook Islands from conflict areas; if so the State party had a responsibility to identify and support them.

Many countries had too many institutions of questionable efficiency, but in the Cook Islands there appeared to not be enough. That meant that when there were problems people usually turned to their family. Sometimes there were situations where the family could not help. Sometimes those young people may be forced to emigrate, possibly against their will. Were there any safety nets at such times?

Response from the Delegation

Regarding access to healthcare, all the inhabited outer islands had a hospital. The emergency policy for those islanders involved a medical aeroplane that would bring the person to Rarotonga hospital. Very serious cases were flown to New Zealand for treatment. The Government covered all costs involved, and also paid for medicines needed. A teleconference system was also used, and the Ministry of Health was currently considering other forms of ‘telehealth’ to improve healthcare provision.

The Ministry of Health policy on breastfeeding was to recommend exclusive breastfeeding for the first three months of an infant’s life, promoted via the ‘breast is best’ campaign and a regular ten minute radio programme in which midwives gave advice. A new bill provided for six weeks of maternity leave, with one third paid by the employer and two thirds by the State. The Government was working on a strategy to promote a longer period of breastfeeding than three months.

Mental health was a recent issue and was only recognized as an illness ten years ago. In partnership with a non-governmental organization the Government had established a mental health care centre, which also worked to combat the rising suicide rate. There was no Mental Health act yet, but help from psychiatrists, counsellors and youth workers from New Zealand and Samor was valued.

It was true that there was a problem with obesity in the Cook Islands, for adults and children. The Public Health Unit worked vigorously on the problem: dieticians and nutritionists taught healthy eating knowledge in schools and clinics. The unit had also asked fizzy drink manufacturers to stop selling their sugary products in schools, while school authorities tried to monitor the sale of sugary fizzy drinks in schools. It was not easy, and the problem was worst in the outer islands.

Another challenge was the recent increase in smoking and solvent abuse among young people. The Government encouraged sporting organizations to stop promoting cigarettes, and was considering strategies to combat solvent abuse.

Sex education was carried out by the Ministry of Health which had a preventative angle. Supplies of contraception were available in strategic places on the islands (for example in schools, public toilets and clinics), while health experts worked with nightclub owners to combat the spread of sexually transmitted diseases. Daily radio announcements made sure that Cook Islanders living in the outer islands heard about sex education and sexually transmitted disease campaigns.

There was no doubt that early pregnancy had increased. Families whose young girls became pregnant did accept responsibility. The children born from those early pregnancies were not only accepted, they were seen as a blessing. There were many reasons for early pregnancy – most often it happened to girls who lacked parental guidance. Pregnancy as a result of incest or rape was usually covered up, and the girl would go overseas to give birth. Abortion was illegal in the Cook Islands. Government sex and sexual health campaigns and workshops publicised problems relating to early pregnancies, but the churches also played a very strong role in educating the youth. The draft Family Law Bill would remove discrimination present in adoption procedures.

Children had to be registered within two weeks of birth, with a possible extension up to one month. There were no specific programmes targeting fathers, but a cooperation agreement with New Zealand shared promotional information on the role of the father. Maintenance payments were not legislated, and legal aid was not yet available for mothers to pursue maintenance for their children.

There was a support programme for child victims of abuse, run by non-governmental organizations, which also provided counselling. That programme also worked with school counsellors to identify victims of physical, sexual and mental abuse.

The educational policy was of inclusive education for children with disabilities. The Disability Act focused on the principle of empowerment of persons with disabilities and on encouraging their participation in society. Parents were encouraged to keep their children with them and not send them away for school; children who left their families to go to school on other islands were 16 to 18 years old. It was true the scholarships were not sufficient, and they needed to be increased. There was an early childhood curriculum which provided a core programme encouraging play-based learning and catered for children with additional needs. Many of the State-provided preschools encouraged parents or carers to attend classes and join in the learning process. Human rights were taught in the social science curriculum.

While the drop-out rate might seem high it was influenced by the high mobility in families, for example when families sent their children overseas to complete secondary school, when families migrated as a whole, or expatriate children who left school to move away.

New Zealand did not officially repatriate Cook Islands children who came into conflict with the law there. If those children returned, it was because of family reasons. However the Government was working on a partnership with New Zealand on that.

The Government provided limited support to children giving evidence in courts, which included counselling, while a judge had jurisdiction to hear evidence from children in private, to ensure confidentiality and a friendlier environment. The minimum age of criminal responsibility was 10 years old. Children between the ages of 10 and 14 years could only be held criminally responsible if they knew that their conduct was wrong or contrary to law. That approach largely mirrored the New Zealand crimes act and was consistent with that of Australia and other Pacific islands’ legislation. Children under the age of 16 were tried by the child court, and children over the age of 16 at the High Court. There was no separate incarceration facility for children, although the Government intended to address that problem.

The delegation was not aware of any children residing in the Cook Islands who had come from areas of armed conflict. The population was relatively homogenous and very small, some islands only had 80 to 100 people, so the new people were always noticed! The Government was aware of civil disturbances in neighbouring islands, so it would provide support to children from those regions if needed.

There were no safety nets in the Cook Islands, and people did indeed rely on their extended family. In case of problems family mediation could be used, and in the absence of family support church groups or community individuals were able to help. Yes, young children were placed with their grandparents in outer islands, as unfortunately the Government did not provide any childcare facilities and parents had to rely on their own private resources. Culturally it was encouraged; it helped children to be close to their grandparents and helped them learn the native language.

Concluding Remarks

SANPHASIT KOOMPREPHANT, Committee Expert acting as Rapporteur for the report of the Cook Islands, said that the geographical layout of the State party gave rise to many difficulties that he hoped would be overcome by the State party’s commitment to implementing the Convention. He hoped that the concluding observations would guide and support the State party to achieve its goals on care and protection of all children.

NANDI GLASSIE, Minister of Health of the Cook Islands, thanked the Committee for a rewarding experience, and said that the key areas the Government would focus on were removal of reservations to the Convention; development of a national co-ordinating mechanism to facilitate collection of data; enactment of the Family Law Bill, Education Bill and the Employment Relations Bill and expedition of the review of the Crimes Act 1969. Given the challenges faced by the Cook Islands, namely geographical isolation, vast distances between islands and a declining population, assistance to implement the Convention would be required. The dialogue was timely in that Government ministries were required to submit their business plans for the next three years by early next week. Mr. Glassie said he would endeavour to share the Committee’s conclusions with Cabinet colleagues and have some of them included in those business plans.

JEAN ZERMATTEN, Committee Chairperson, thanked the delegation for a very constructive dialogue, and said the Committee greatly appreciated the time and the trouble the State party had taken, to travel so far, to be here today. He hoped the concluding observations and recommendations would assist the State party to improve the lives of their children, and looked forward to cooperating with the Cook Islands in the future.

__________

For use of the information media; not an official record