Experts of the Committee on the Elimination of Discrimination against Women Welcome the Cook Islands’ Efforts to Implement the Convention, Ask about Gender Stereotypes and the Minimum Age of Marriage
The Committee on the Elimination of Discrimination against Women today considered the combined fourth and fifth periodic reports of the Cook Islands, with Committee Experts welcoming the State’s efforts to implement the Convention, while asking about the persistence of patriarchal and gender stereotypes, and the minimum age of marriage.
Hong Mu, Committee Expert and Country Rapporteur, said that over the past 20 years, the Cook Islands had made active efforts to implement the spirit of the Convention and had achieved remarkable results.
Committee Experts referred to the persistence of patriarchal and gender stereotypes, which continued to affect women’s rights, with negative effects on various levels, and asked about efforts to get rid of stereotypical perceptions and what specific resources and accountability measures would be put in place to ensure this? How would the Government ensure that men and boys, schools, churches, and the media would participate in the elimination of harmful norms and stereotypes?
Committee Experts also asked what was the timeline for setting 18 as the minimum age for marriage for both women and men, without exceptions? Could the delegation provide data on marriages involving individuals under 18 and ensure their systematic and ethical collection?
Introducing the report, Grace Chynoweth, Secretary, Ministry of Internal Affairs of the Cook Islands, and head of the delegation, said extending the same level of specialised support across 15 dispersed islands was a significant operational and resource challenge. The Government remained committed to strengthening women’s participation and leadership and removing the barriers to their abilities.
The delegation said progress on gender equality in the Cook Islands had been supported by continued Government commitments, along with assistance from civil society. There were a few measures that were being worked on and would continue to be worked on over future months, including a parenting workshop which challenged gender stereotypes. Challenging these started at a young age, and thus this was a clear mechanism to improve the situation. In terms of men and boys, churches, schools and media, there was a clear action framework to ensure that all these partners were included in efforts to eliminate gender stereotypes. The renewed national gender policy also clarified efforts to be made to reduce harmful gender stereotypes.
The marriage act still allowed both males and females to be married at the age of 16, the delegation said, and this was currently under review. It was taking time as there were other elements that were quite complex, but it would take place over the next year, as would a review of the matrimonial property act.
In concluding remarks, Ms. Chynoweth said the Government and people of the Cook Islands thanked the Committee for listening and for all the questions. Much had been learned during the meeting. The Government looked forward to the recommendations.
In closing remarks, Nahla Haidar, Committee Chair, said it was understood that the country had very few resources, and its efforts were appreciated. She thanked the delegation for the constructive dialogue and commended its efforts.
The delegation of the Cook Islands consisted of representatives of the Ministry of Internal Affairs, the Ministry of Foreign Affairs and Immigration, the Crown Law Office, and the Ministry of Health.
The Committee will issue the concluding recommendations on the report of Kazakhstan at the end of its ninety-third session on 30 October. All documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage. Meeting summary releases can be found here. The webcast of the Committee’s public meetings can be accessed via the UN Web TV webpage.
The Committee will next meet at 10 a.m. on Thursday, 8 October, to consider the ninth periodic report of Kenya (CEDAW/C/KEN/9).
Report
The Committee has before it the combined fourth and fifth periodic reports of the Cook Islands (CEDAW/C/COK/4-5).
Presentation of Report
GRACE CHYNOWETH, Secretary, Ministry of Internal Affairs of the Cook Islands, and head of the delegation, said the opportunity to engage in the constructive dialogue on the implementation of the Convention was appreciated. The delegation reflected the shared responsibilities to gender equality for the Government across the Cook Islands, with close cooperation between Government organizations, civil society, communities, traditional and faith leaders and others. Great importance was placed on the review process.
As a Pacific small island developing State, the Cook Islands covered about 2 million square kilometres, with a population of about 15,000 people, dispersed across the islands, causing many challenges, including equitable access to services. The capital island Rarotonga was home to the majority of the population and was the centre of Government administration and many services. Those living on the main island therefore had greater access to services and support. For those living in the outer islands, the experience was very different. Communities were small, and transport was limited and costly.
Accessing a service could therefore require travel away from family and community. Where these issues intersected with gender, specific challenges were even greater. For women experiencing violence, the reality of a very small community created a greater challenge, as privacy could be hard to maintain. The practical ability to seek help could therefore look very different depending on location. These geographic realities were compounded by the realities of the public service. Extending the same level of specialised support across 15 dispersed islands was a significant operational and resource challenge.
For more equality, national law and policy must translate into equitable access for all, and the geography did not lessen the obligations under the Convention. The Government remained committed to strengthening women’s participation and leadership and removing the barriers to their abilities. The Cook Islands had seen progress among several leadership areas. Women now represented 73 per cent of school principals, 50 per cent of heads of ministries, 20 per cent of Crown Entity chief executive officers, and 42.9 per cent of board directors. Women’s representation in Parliament had fallen from 29 per cent to 25 per cent in 2026, showing that progress remained uneven. Parliament had strengthened its own approach to gender equality, with important developments aiming to embed gender equality within the Parliament itself.
Progress on gender equality in the Islands had been supported by continued Government commitments, along with assistance from civil society. The approach recognised that lasting progress depended on shared commitment to empowerment. Maintaining meaningful engagement with the multilateral community represented a significant investment. The work on women’s employment, health, climate resilience and participation in decision-making all contributed to the implementation of the provisions of the Convention.
The Cook Islands aimed to translate its international commitments into comprehensive legislation and consistent efforts, and had continued to strengthen laws, policies and systems that supported women and girls. School retention had increased, and the focus remained on ensuring that educational outcomes translated into equal opportunities for women and girls later on in employment and social and political participation. Maternity and paternity commitments had now moved into law and implementation. The Government-paid maternity and paternity leave policy retained maternity support while extending Government support to eligible public and private sector employees. As of 1 July 2026, maternity leave had increased from six to eight weeks, and it would increase in stages to 14 weeks by July 2029. Paternity leave was also increased to two weeks of paid leave.
These changes were important in a local market that relied heavily on local and migrant workers. However, the Government recognised that there was a lack of support for women who were self-employed or working in the informal economy. Casual workers lacked protection and there was a continuing challenge to ensure that these protections reached women in different areas of the economy. The Government was also working on improving financial security, and increasing support and child payments. While these measures benefited the wider population, they were particularly relevant to women and families where women were responsible for the wider care support within the family.
The legal framework had also continued to develop. The cybercrime legislation
amendment act 2026 strengthened protections against forms of online harm, including serious emotional harm through digital communications and the non-
consensual sharing of intimate images. The review of the family protection and support act 2017 was also completed recently, providing recommendations for strengthening the legislation and its implementation. For the Cook Islands, protection must also work in practice outside Rarotonga. The geographic realities required an adaptation as to how services were delivered, and the focus was on clear referral pathways, coordination between agencies, and practical arrangements that allowed women to reach support safely while protecting privacy and confidentiality.
The National Gender Taskforce was re-established in December 2025 and was supported by gender focal points across Government. Currently, 18 of 20 Government agencies, or 90 per cent, had designated gender focal points. This provided a much broader network for bringing gender considerations into the work of the Government and reinforced that gender equality was a shared responsibility across agencies. This mainstreaming approach was particularly important as it allowed gender considerations to be embedded across Government rather than concentrated within a single, small specialist unit.
The Cook Islands recognised that progress remained to be made, and that the measure of progress was not only whether laws, policies and institutional arrangements existed, but also whether they made a tangible difference in the lives of women and girls, including those furthest from Rarotonga.
Questions by a Committee Expert
HONG MU, Committee Expert and Country Rapporteur, said that over the past 20 years, the State party had made active efforts to implement the spirit of the Convention and had achieved remarkable results. The Committee looked forward to engaging in a candid exchange with the delegation regarding the State party’s achievements during the reporting period, the challenges it faced in the future, and, in particular, the impact of climate change on women’s development, confident that the dialogue would contribute to advancing the equal development of women and girls in the State party and around the world.
The Committee Expert asked questions about whether the Cook Islands would put into place a standalone anti-discrimination clause that also included intersectional discrimination, including disability? Would the definitions of anti-gender discrimination be included to harmonise with the Committee’s definition dismantling direct and indirect discrimination, de jure and de facto discrimination, and guaranteeing formal and substantive equality and intersectional equality by both State and non-State actors? Would the Cook Islands use its submissions to the International Court of Justice to harmonise laws and conduct a review of all laws in line with the Convention and all other human rights treaties?
What was the Cook Islands doing to engage indigenous women in leadership in climate adaptation and mitigation? The Cook Islands provided constitutional protection for freedom of expression, assembly, association and personal liberty. How would the cybercrime legislation amendment bill balance civic freedoms and online threats? How would the Law Commission domesticate the Convention on the Elimination of Discrimination against Women and use it as an interpretive tool to guide lawmaking? How would the Government broaden access to legal services for women in the outer islands? How would it balance customary law and modern law, given that the Cook Islands law included both common-law traditions and Cook Islands customary law?
Responses by the Delegation
Responding, the delegation said that it was committed to its presentation to the International Court of Justice, and approached the Convention on a legislation-by-legislation basis, aiming to create a standalone piece of legislation that was ongoing. The Cook Islands was also currently reviewing legislation to ensure that it was compliant with anti-money-laundering rules, and would continue to address this. On a review of all rights in line with the Convention, the Law Commission had been reinstated and was examining this question, and would be conducting international obligations assessments on all treaties.
The Cook Islands was proud to be the place where the Rarotonga Treaty had been created. It had not assessed specifically how women were involved in this process, but to date most of its delegates to the International Atomic Agency were women. Regarding technology-based cybercrime violence, legislation introduced a range of offences, including on child pornography and exploitation, and a filter would be introduced in coming months to block harmful images and videos. The Office of the Prime Minister was currently considering both a privacy bill and a national security bill, which would include elements in this context. Regarding balancing customary laws, it was a balancing act which was extremely relevant, as where there was a gap in current law, then the courts could draw on traditional precedents.
Follow-up Questions by Committee Experts
In follow-up questions, Committee Experts referred to the Rome Statute, noting that it was important for States parties to be supportive of processes. The impact of climate change was heavy on women, and States parties should have clear guidelines on the protection of the rights of women climate defenders.
Responses by the Delegation
The delegation said more training was being provided to medical practitioners to ensure that survivor-sensitive processes were at the heart of the work done by the Ministry of Health.
Questions by Committee Experts
Committee Experts asked whether the State party planned to establish a standalone national machinery at ministerial level or an inter-ministerial coordination body? What share of the State budget was allocated to gender programmes? Had a new national gender policy been adopted after 2024, and what were the findings of the review? Would quotas or reserved seats on island councils be included in the review of the electoral act and the island government act? Within what time frame? What temporary special measures with specific targets were planned in employment and for women in the outer islands? What was the actual length of paid maternity leave?
In follow-up questions, Experts spoke of the different roles of the Ministries, pointing out that it was difficult to concentrate within different contexts on women’s advancement, and asked how the work of teams focused on women’s rights would be coordinated with the work of the Ministries?
Responses by the Delegation
Responding, the delegation said the Government had not dismissed the proposal of the Council of Women, but was looking at barriers and challenges, analysing and reviewing whether this was the best approach for the Cook Islands to create a new standalone body to speak on gender. The Cook Islands had a limited workforce. There was concern that there may be a lack of persons specialised in gender issues. The question was to weigh out what was more sustainable and worked, given the challenges stated previously. Thus, whether to create a new body or whether to strengthen already-existing elements was an issue that was still under consideration. In terms of the appropriation or allocation of budget when it came to gender, unfortunately it was unclear what went to gender issues, but each Ministry used its budget to deliver gender-related programmes.
On gender policy, the first draft on a gender policy had been received yesterday, and thus it was impossible to give a timeframe for its endorsement. Regarding temporary special measures, there were no quotas set in place to address the representation of women in Parliament and other areas, as the Cook Islands was currently taking the approach of mentorship and training of women, getting them involved so that they could enter Parliament or councils on their own merit, rather than on a quota. On maternity leave, it was being increased from 6 to 14 weeks, and this would be done in a phased approach over the coming years.
The Government was currently working on a data-sharing agreement that would allow for more effective sharing and would also establish a data dashboard on gender data. The national gender policy had been difficult to assess for implementation. The National Gender Taskforce thus had been given a process for reporting to ensure that the data could be compiled to determine the gaps in protection. It had been found that a lot of the actions that had not been implemented were on gender-based violence, and thus more focus was being placed on this topic.
Questions by Committee Experts
Committee Experts referred to the persistence of patriarchal and gender stereotypes, which continued to affect women’s rights, with negative effects on various levels, and asked about efforts to get rid of stereotypical perceptions and what specific resources and accountability measures would be put in place to ensure this? How would the Government ensure that men and boys, schools, churches, and the media would participate in the elimination of harmful norms and stereotypes? What was being done to eliminate them in social media in the context of the adoption of the cybercrime act? On gender-based violence, there had been concerns raised about the lack of case management protocols and the availability of services. When would the guidelines be formally adopted. When would the Government ensure that health workers were trained and equipped in dealing with post-rape care? What measures had been taken to ensure that cases of gender-based violence were referred to appropriate bodies, and that perpetrators were brought to justice? What training was provided to police, judges, lawyers and other personnel? Did the Government have a clear time frame and resources for undertaking a comprehensive gender-based study? Were there plans to ensure that gender-based violence did not increase during national emergencies?
In follow-up questions, Committee Experts asked how the Government intended to ensure that the gender plans would be resourced and financed? Was there a formalised, strategic access to justice mechanisms? The future adoption of the Media Code of Ethics was applauded.
Responses by the Delegation
Responding, the delegation said there were a few measures that were being worked on and would continue to be worked on over future months, including a parenting workshop which challenged gender stereotypes. Challenging these started at a young age, and thus this was a clear mechanism to improve the situation. In terms of men and boys, churches, schools and media, there was a clear action framework to ensure that all these partners were included in efforts to eliminate gender stereotypes. On monitoring evaluation, this was an important point, and the gender-based policy had clear action monitoring points and reporting processes.
Questions by Committee Experts
Committee Experts raised various questions, including what specific proactive human trafficking identification mechanisms and standard operating procedures were currently used by frontline officials to screen vulnerable populations? What measures were being taken to safeguard migrant workers from potential labour exploitation and human trafficking? Requests were also made for reliable data on women and girls in prostitution; and on criminal procedures against those who exploited women and girls in prostitution. Was it true that the Cook Islands' law did not criminally prohibit the use, procuring or offering of a child for prostitution, nor the production of pornography, or pornographic performances? And if so, when would the law be changed to criminalise these, as well as fully decriminalising women in prostitution to ensure that they were not penalised?
Responses by the Delegation
Responding, the delegation said the last study on human trafficking, sex tourism and prostitution was done in 2007. Since then, no up-to-date data was available. However, the gender-based policy set this out as one of the key priorities. When it came to trafficking, there were no records or evidence of this, in which case there was legislation which provided extreme criminal penalties for such offences. There was no data on prostitution, which was not illegal in itself in private. For child pornography and exploitation of children, the new cybercrimes act did include criminalisation of such acts and related acts.
Questions by Committee Experts
Committee Experts raised various questions, including whether upcoming reviews of the electoral act 2004 and the island government act 2012-2013 would introduce formal legislative quotas or reserved seats for Parliament and local Island Councils, particularly in the Pa Enua (the 14 remote islands and atolls outside the main island)? What specific targets or appointment directives were being implemented to increase women's representation in high-level courts and decision-making bodies? What comprehensive frameworks were being implemented to combat technology-facilitated gender-based violence against women in public life and challenge discriminatory stereotypes? How did the State party ensure rural women in the Pa Enua and women with disabilities meaningfully participated in decision-making on resource extraction, the blue economy, and climate policies? Given funding constraints, what dedicated financial mechanisms were being established to ensure women from the Pa Enua and youth could participate in international and regional diplomatic exchanges?
Responses by the Delegation
The delegation said there were only two female judges on the High Court and none on the Court of Appeal. The pool of judges drawn from was made up of retired judges from New Zealand, and the Cook Islands was constrained in terms of gender; however, 50 per cent of justices of the peace were Cook Islanders. At this time, it was impossible to say whether the formal legislative quotas would be implemented. All female members of parliament were from the Pa Enua.
Follow-up Questions by Committee Experts
Committee Experts asked how women scientists were involved in data collection and also as leaders in scientific exploration? Regarding leaders of the non-governmental organizations and in civil society, what support, both tangible and intangible, did the Government provide? How did the Government provide support so that civil society leadership could continue to grow?
Responses by the Delegation
The delegation said at present, in the Ministry of Foreign Affairs, representation was led by women, with the last three Secretaries for Foreign Affairs being women, and Ambassadors often being women. There was no specific gender component to the recruitment process. Once again, the delegation pointed out that there was a limited pool of expertise and a limited capacity for expansion. The Secretaries for Minerals and Seabed Resources were also women, and there was strong female leadership in these sectors, which was also reflected at the community level. Main scientists were also women. The Cook Islands had been recognised as a gender champion in the field of seabed minerals and also the maritime field.
Questions by Committee Experts
Committee Experts asked what measures were being taken to ensure that women in the Pa Enua had equal practical access to nationality and residency documentation and administrative services? Were simplified procedures, mobile services or digital solutions available so that geographical distance did not become a practical barrier to women’s enjoyment of their rights? How did the Cook Islands ensure that all women, including migrant women and married women, had equal access to nationality and residency documentation and to the documents required to exercise their employment rights? How did the Government intend to further promote the use of the Māori language? Could every woman in the Cook Islands, regardless of where she lived, her marital status, or the nationality of her spouse, effectively and equally obtain the documentation, legal status and rights associated with nationality and residency?
Responses by the Delegation
Responding, the delegation said that from an immigration perspective, there was no distinction between women and men, and all citizens were treated equally. On issuing residency status, requirements were gender-neutral; the criteria applied were the number of years and other conditions to qualify for permanent residence. On how women could obtain documentation, marriage was irrelevant, as there was identical access to paperwork. All paperwork could be done from the Pa Enua, and where necessary there was transportation for documents to the main island. On New Zealand citizenship, this fell outside the remit of the Cook Islands Government.
Questions by Committee Experts
Committee Experts inquired what measures were being taken to include women and girls in post-secondary and vocational training in the promotion of the Māori language, and what efforts would be made to promote and retain other indigenous languages and dialects in education? Could the State party report on the implementation of sexual and reproductive health education in both school and out-of-school settings and in the Pa Enua, and what measures did it plan to take to monitor discriminatory gender stereotypes in the delivery of sexual and reproductive health education? What efforts were in place to support those who discontinued their schooling due to pregnancy to pursue education or vocational training after the age of 16? What concrete measures would the State party take to expand existing efforts to identify and support girls with dyslexia and autism in the Pa Enua and to ensure the implementation of reasonable accommodations for all female students with disabilities?
Responses by the Delegation
The delegation said the Ministry of Education currently had programmes in place covering the Māori language. There was nothing formally in the curriculum on sexual education, but it was outdated, having last been updated in 2007. The new update would include sexual education. In the interim, the Ministry relied on non-governmental organizations to provide such education within schools. The Ministry provided support for the reintegration of pregnant girls into school through a social worker, but did not collect data on this. According to reports, roughly 80 per cent of pregnant girls returned to school. On inclusive education such as for autism, the Ministry provided support to all students regardless of gender, and it had established a separate division that looked into inclusive education across the board. In terms of transportation, if the need arose, the Ministry supported students being transported to schools, including for those students over the age of 16. Regarding girl dropout rates, the numbers were pretty low, but the numbers were increasing, with more girls currently retained in schools than boys.
Follow-up Questions
Committee Experts asked what was being done to remedy the underrepresentation of women and girls in science, technology, engineering and mathematics subjects and to remove structural barriers to this? What had hindered the State party in taking measures in this context?
Responses by the Delegation
The delegation said that while there was evidence that female participation was not promoted in science, technology, engineering and mathematics subjects, this did not mean that there was unbalanced representation.
Questions by Committee Experts
Committee Experts asked what measures had been taken to promote women’s labour force participation further, expand formal employment opportunities for women, and encourage more women to enter male-dominated industries? What specific timeline and legal framework did the national employment policy 2026–2031 set out to formally enact the principle of equal pay for work of equal value in legislation, move beyond a complaint-based system, and introduce mandatory pay audits and gender-neutral job evaluations across both the public and private sectors? What concrete legislative or policy measures were currently being considered to introduce pension credits or subsidies for periods spent on unpaid caregiving, ensuring women were not disproportionately exposed to old-age poverty? What were the measures to strengthen the protection against sexual harassment and gender-based violence in the workplace? How did the State party ensure that channels for complaints and allegations remained open and that the rights of victims were effectively protected?
Responses by the Delegation
Responding, the delegation said in terms of measures being put in place to ensure labour force participation for women, there were training programmes in place that provided training on finance literacy, bookkeeping, and how to start a business. There had been about 10 trainings that took place in the outer islands. Training was also given to empower women, but it was up to women to access these opportunities to enable them to re-enter the workforce. One of the measures to encourage labour force participation was the childcare service that the Government was looking to put into place for women, hoping that it would allow and encourage women to enter the workforce.
In terms of gender disparity, there was protection; unfortunately, the limited workforce of the country was once more a curb. However, there were inspections that took place, and recommendations were given to employers, but the latter then needed to make their own changes to ensure that women were treated equally in the workforce. There was a workplace health and safety bill, which would give the inspectors more power to enforce changes when they recognised issues.
In terms of sexual harassment, labour inspectors also did awareness and workplace induction programmes to raise awareness by employees and employers on a monthly basis. A lot of the work done was around awareness of workers’ rights. Regarding complaints, the challenge had been around privacy and confidentiality, and also that if an employee did not wish to file a complaint, then the Government could not interfere. The Government worked to advocate awareness. Work was being done to ensure more gender-responsive Government policies.
On social protection and the Government-paid maternity fund for maternity and paternity leave, migrant workers were now eligible for this. It would be looking into how much it could afford to expand the services provided for migrant workers.
Follow-up Question by a Committee Expert
In a follow-up question, a Committee Expert commented on sexual harassment in the workplace that, according to article 2 of the Convention, the Government had a responsibility to ensure the elimination of discrimination, and suggested a more victim-friendly system. Regarding the link between education and employment, did changes in the nature of women’s studies create any change in habitually male-dominated work?
Responses by the Delegation
The delegation responded that there was still a gap in the male-dominated fields. It was expected that eventually there would be more females in the workplace.
Questions by Committee Experts
Committee Experts were interested in understanding the progress of women’s health and healthcare in areas of sexual and reproductive healthcare, including abortion and implementation and non-communicable diseases, while improving healthcare for marginalised women such as women in the Pa Enua and lesbian, bisexual, transgender and intersex women. What were the barriers resulting from the public consultations which were preventing the provision of safe, high-quality and affordable abortion-related care being accessible in the Cook Islands, and what were the measures being undertaken to address these barriers, and had further progress been made to decriminalise abortion?
What had been the impact of the national strategic plan for sexual and reproductive health? Were there plans for any interventions to address high rates of non-communicable diseases impacting pregnant women such as obesity or gestational diabetes? Had resources been invested to establish a comprehensive healthcare system that ensured accessibility and inclusivity of care while meeting the specific needs of women’s health? Had the State party invested resources to educate healthcare workers on lesbian, bisexual, trans and intersex issues, to reduce stigmas and ensure respectful and non-discriminatory healthcare by providing appropriate training for healthcare workers?
Responses by the Delegation
On non-communicable diseases, the delegation said that the Government recognised that these were major issues, including diabetes, cancer and chronic respiratory diseases. There were instruments in place to address these, including the national workplace instrument. Regarding abortion, it was not legalised, and the legal framework had not changed as it remained a criminal offence. However, in terms of healthcare, referral and support were provided as appropriate, and access to abortion services in New Zealand had been facilitated to cover that particular health need. Only two doctors were available to certify rape so that it could be prosecuted in the Cook Islands.
For the protection of women with disabilities, healthcare was provided to all, both on the main island and remote islands. The facilities were available, and care was provided to all women, regardless of their state. Regarding sexual reproductive health, facilities were also available on a basis of confidentiality and carried out by professionals. For lesbian, bisexual, transsexual and intersex women, confidential and non-discriminatory healthcare was provided, with services provided for all, including migrant workers.
For women’s mental health, much work remained to be done in this space, and this was recognised. Women and girls had specific needs, and a programme in this field was being carried out over the next few days. The COVID pandemic had contributed to a significant delay in the assessment of mental health. Maternal mental health and the impact on postnatal depression were recognised, and services were provided by the Ministry of Health. Cancer screening was provided to 80 per cent of women, including in the Pa Enua.
Regarding abortion, there was still some way to go to decriminalise it, but the Cook Islands was a Christian nation, and therefore it was difficult to make progress in this area. However, an initiative was being spearheaded to move it from the crimes act to the healthcare act, although there would be challenges in this.
Follow-up Questions by Committee Experts
In follow-up questions, Committee Experts noted that they did not underestimate logistical issues. All were encouraged to consider moving from minimal reform to make greater changes, particularly with regard to abortion. What was being done to diversify the gynaecological workforce, as there was only one, and that one was a man? Had there been any assessment of the impact on woman’s health due to nuclear testing in the region, including at the transgenerational level?
Responses by the Delegation
Responding, the delegation said there was a male obstetric doctor, but there were women nurse practitioners working alongside him. Most women were not comfortable being examined by a male doctor, in which case the nurse practitioners examined them whilst being supervised by the male doctor. Regarding reproductive health, at the moment, no research had been done on the impact of nuclear testing.
Questions by Committee Experts
Under article 13, Committee Experts asked the delegation to describe the measures that the Cook Islands would take to implement gender-responsive budgeting and policies in both the public and private sectors to ensure women’s equitable, safe and full participation in economic activities. Had effective measures been taken to prioritise young women, particularly those in regions such as the Pa Enua, in support programmes such as financial training and loans, in order to enhance their economic empowerment? Would additional assistance be provided to women-led businesses and female entrepreneurs? Had measures been taken to recognise and support women’s unpaid labour in agriculture, marine resources, the blue economy and domestic work? Would women’s unpaid labour be included in the next round of the national labour force survey? Could the delegation also describe the participation of women in the Cook Islands in cultural and sports activities, as well as the policy measures that the Government had adopted in this regard?
Response by the Delegation
The delegation said that, in terms of women’s participation in economic life, there were guidelines on women and childcare under development, and the Government was looking at creating a childcare subsidy which was aimed at providing women with access to affordable childcare services to allow them to go back into the workforce.
Work was also being done to create spaces for women, including women from the Pa Enua, to come together and sell their crafts and natural products. For most of these women, it was their only source of income. A vessel was being readied to provide improved transport opportunities for people and cargo, which was aimed at reducing freight charges and giving women from the Pa Enua affordable opportunities to travel to the mainland and to transport their crafts. There had been investment in improving infrastructure at the airport and at the harbour. The community was encouraged to view this as a gateway to opportunities.
On women and sports, the Government was supporting a non-governmental organization that was bringing young girls together who had shown interest in sports, teaching them discipline, leadership, and making the right decisions. It was a natural habit for all women and girls to participate in cultural activities such as dancing and crafts. In terms of the Government measures adopted to recognise women’s unpaid work in agriculture and the blue economy, unpaid work was captured in the 2021 census, and this data was disaggregated by sex, age, location and type of unpaid work. In the census, housework was the most common form of unpaid work, and women were found to be carrying out most of the unpaid care work. The 2023-2024 labour survey also mentioned unpaid work, mainly subsistence production.
In terms of the renewed national gender policy, there was a provision on gender empowerment in the workforce, but the policy was still being drafted. The policy also clarified efforts to be made to reduce harmful gender stereotypes, such as those maintaining women in unpaid care positions. Work would be done to include gender sensitivities in all public and private policies, ensuring women’s participation in public and private life. Vetting would be carried out to ensure that these sensitivities were considered throughout the Cook Islands. In terms of other investments projects, the Asia Development Bank had a social and environmental policy safeguard which covered many development projects in the country and ensured that women were involved in these and had their perspectives and needs taken into account.
Questions by Committee Experts
Committee Experts noted that the mid-term review of the Cook Islands climate change policy 2018-2028 had been scheduled for 2023, asking whether the review had been conducted, and if so, what were the findings on what was found to be working or not working to ensure that the day-to-day lives of all women and girls effectively adapted to the impacts of climate change, disasters, and loss and damage. What was the status of achieving the targets of the Cook Islands climate change policy to achieve 100 per cent renewable energy generation in all islands and 100 per cent energy efficiency across the country by 2025?
How was the State party tapping into the United Nations Framework Convention on Climate Change’s loss and damage fund and securing both international and national resources to finance gender responsive budgets, finance the implementation of the climate change and disaster management legal and policy framework, and finance solutions to address the impacts of climate change, disasters and loss and damage on women and girls? What concrete measures was the State party taking to guarantee the political, economic, social, cultural and civil rights of women and girls facing intersecting forms of discrimination? How was the State party protecting women in detention and implementing the Bangkok Rules and the Mandela Rules?
Responses by the Delegation
The delegation said they did not have the data and did not know what was happening in the mid-term review of the climate change policy, and would provide answers in writing.
Questions by Committee Experts
Committee Experts asked what was the timeline for setting 18 as the minimum age for marriage for both women and men, without exceptions? Could the delegation provide data on marriages involving individuals under 18 and ensure their systematic and ethical collection? What measures would it take to transform these traditional norms and practices that perpetuated unequal power relations within the family? When would the review of the matrimonial property act be completed, and how would it ensure women’s equality in property and inheritance, as well as their housing and financial security after separation?
Experts appreciated the progress made through the family protection and support act, but noted that its implementation plan had remained in draft form since 2019, asking when would it be adopted and fully funded? Would the State party reconsider extending free legal aid to protection orders, divorce, custody, maintenance and matrimonial property proceedings, ensuring access for women in vulnerable situations and in the Pa Enua? What reforms would eliminate substitute decision-making so that women with intellectual or psychosocial disabilities could make autonomous decisions on marriage and family with the support they need?
Responses by the Delegation
The delegation said the marriage act still allowed both males and females to be married at the age of 16, and this was currently under review. It was taking time as there were other elements that were quite complex, but it would take place over the next year, as would a review of the matrimonial property act; the latter, however, would be piecemeal as it was very complex. De facto relationships would be recognised under the act.
Regarding domestic work, the act recognised non-monetary contributions when the courts were determining how to divide property. Inheritance was not gender-based; it was customarily equal and based on blood and family. Legal aid as a concept was usually viewed as being for criminal offenders, but its extension to women in divorce proceedings would be considered. In terms of disputes and informal pressure placed on victims, there was no data on this. Mediation was being examined by lawyers and the judiciary, and could perhaps be concretely put into legislation to remove the burden of going to court.
In terms of reforms to support women with disabilities, including psycho-social disabilities, this was a recognised gap in the legislation. Judges were able to order amicus curiae to support such persons, but there were constraints due to a lack of manpower.
Comment by a Committee Expert
An Expert commented that it was not a matter of questioning the customary or territorial rights that existed, but to include the rights of women and girls in such matters, as it was important to recognise the rights to property by women who were providing domestic and care work as it benefited the family and the economy as a whole. Regarding legal counsel, there was concern for women in situations of vulnerability, including women in situations of domestic violence, as lack of legal counsel could limit their ability to take on a process in which they were also victims.
Follow-up Questions by Committee Experts
Committee Experts asked whether there was a clear timetable for the establishment of an independent national human rights institution? There was no shelter for domestic violence, would such shelters be established so that women had a safe haven? Regarding domestic disputes, reliance was put on domestic internal solutions, which was not favourable to women; what measures would be taken in future to solve this problem and formulate a good system to safeguard victims’ rights?
Responses by the Delegation
The delegation said there were plans to establish the national human rights institution under the Ombudsman’s Office, and the act was currently being reviewed to see how the two mandates could be merged. Consultations had been held within the Government and with civil society. However, the Government had not yet acquired the resources to set up this body; work was ongoing. There was no timeframe for its completion.
On domestic violence and safe accommodation, the delegation said it was difficult to establish a shelter as there were financial constraints. The aim was instead to set up safe accommodation in hotels with 24-hour security. There were already provisions in law to ensure that perpetrators left the shared premises, and the survivor could remain there. In the outer islands, a police officer could issue a safety order which meant that the perpetrator had to leave the premises. There were thus measures for survivors to stay in their own accommodation. In terms of mediation within the family, the Gender-Based Unit had been raising awareness of domestic violence and the rights of survivors, and had noticed that in a lot of cases communities understood domestic violence as physical, but not as psychological or economic. It was key to make survivors understand their rights and to give them the mechanisms for taking the case forwards.
Follow-up Questions by Committee Experts
Committee Experts asked what support the State party provided to ensure that girls could complete their education after pregnancy? When would the State party adopt and fund clinical protocols that ensured timely forensic examination, emergency contraception, HIV prophylaxis, care for sexually transmitted infections and psychosocial support, including in the Pa Enua, in particular related to victims of assault? Regarding access to justice and the rule of law, sentencing guidelines had been established for rape, but Experts asked whether precedents had been qualified as a protocol. How was customary law on matrimonial property balanced against the law?
Responses by the Delegation
Responding, the delegation said regarding financial difficulties and pregnant and post-partum girls going back to school, the Ministry of Health had been investigating this. There was a care system for the survivors of sexual violence. All those surviving sexual violence and rape were referred to the gynaecologist and examined, after which they were given all necessary treatment, including PrEP prophylaxis and necessary counselling. There was no such gynaecologist in the Pa Enua outer islands, but there was a referral system.
In terms of rape, the crimes and sexual offences act contained provisions for penalties, and made for far greater penalties as these were now codified. On family law, the courts had in fact considered matrimonial property and splitting of assets, and had found that things such as child rearing, domestic responsibilities and assistance provided by one partner to allow the other to work should be considered when divvying up properties. Multiple pieces of legislation allowed the courts and the system to consider these points, including on various types of property, including leasehold. The land law was based on custom, but these were mostly occupation rights. Genealogical rights to land preserved indigenous land, and this was considered very important. There would be considerable backlash if there were attempts to change the concept of “family land”.
Concluding Remarks
NAHLA HAIDAR, Chairperson of the Committee, in concluding remarks, said that the exercise had been a pleasure, and the delegation had been well-prepared and did very well in replying. It was understood that the Cook Islands had very few resources, and its efforts were appreciated. She thanked the delegation for the constructive dialogue and commended it for its efforts, encouraging the State party to make all efforts to address the recommendations that would be made by the Committee.
GRACE CHYNOWETH, Secretary, Ministry of Internal Affairs of the Cook Islands, and head of the delegation, in concluding remarks, said the Government and people of the Cook Islands thanked the Committee for listening and for all the questions. Much had been learned. The Government looked forward to the recommendations. A final issue encountered in the Cook Islands was that there were emerging needs for men and boys - the suicide rate was higher for boys than it was for girls, as were school-leavers and truancy rates. This was something that was also being looked into, alongside all the women-focused projects and initiatives. There was a Gender Champion Minister as well.
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CEDAW26.015E