History made as Cook Islands decriminalises homosexuality
By Mariner Fagaiava
“Pride Cook Islands is elated to see the decade long active push for the decriminalisation of homosexuality finally take place in Cook Islands Parliament on Friday April 14th 2023.
This landmark legislation will forever be remembered as our nation's acknowledgement of the Rainbow Community and their value, importance and rightful place in society.
It speaks to Human Rights and Equality for all.” Karla Eggleton Pride Cook Islands Chair.
Another Cook Islands rainbow advocate says “The shackles of colonisation that we bore are now broken”, as the Cook Islands Parliament repeals laws from its Crimes Act that made homosexuality illegal.
The Crimes (Sexual Offences) Amendment Bill 2023 passed it’s third reading on the weekend, amending the Crimes act 1969 which deemed “indecent acts” between men were punishable by up to five years in prison.
People who hosted such acts within their homes faced a ten year sentence behind bars.
Both provisions were repealed in the amendment bill read for the final time on Saturday, submitted by the Cook Islands Party led coalition government. It was supported by opposition leader Tina Browne, and an overwhelming majority voted to have the bill repealed.
Browne’s fellow Democratic Party MP Vaitoti Tupa and Cook Islands United Party leader Teariki Heather opposed the bill.
Prime Minister Mark Brown said on Twitter, Saturday was “historical” and that his party pledged to “stomp out discrimination” of LGBTQIA+ peoples.
Moving forwards with the times
The Te Tiare Association was an LGBTQIA+/MVPFAFF+ advocacy group founded in 2007 who fought long and hard for the change to the outdated and offensive law. Teokotai Paitai says the decriminalisation of homosexuality in the Cook Islands gave hope and a sense of relief.
“The shackles of colonisation that we bore are now broken - now we need to ensure that it is upheld in every facet of our society.” he says.
“May this love ripple throughout the great ocean of our ancestors and beyond - our advocacy is based on love, as has been demonstrated by other great leaders throughout history,” Paitai added.
Local performer Henry Ah-Foo Taripo said although many thought it was about time, there were mixed feelings in-island. Some people had no idea the bill was being read, he said.
“The Cook Islands has chosen to move forward with the times and prepare for a positive future.”
He adds that the Cook Islands tourism sector, which like most in the region are battling a return to pre-Covid levels amid economic downturn internationally, could receive a boost. Taripo said the recent law change cemented the Cook Islands as a rainbow friendly travel destination.
‘Pride Cook Islands’ was another instrumental group in lobbying for homosexuality to be decriminalised, with its member’s launching big campaigns on the island leading up to the hearing.
President Karla Eggleton said sitting in the Chambers alongside other advocates, friends and family listening as the 3rd reading to came to an end:
"There was applause, there were smiles, for some it was a moment of silence – letting that moment sink in! Once we were outside of Parliament Chambers, the tears fell freely as we hugged and embraced each other.While emotions are celebratory, we are for the most part grateful. Grateful for the support from many over the years - individuals, NGO’s, human rights movements, allies, the Government and some of the Opposition “
What this means for the wider Pacific
Young Kūki ‘Āirani rainbow filmmaker Josh Baker is one of many Cook Islanders revelling in the good news.
The Anuanua (rainbow) community, young and old, could now feel included and respected as citizens in their own ipukarea (ancestral lands), he said.
“I hope other Pacific Island nations who are stuck in their archaic laws feel emboldened to follow suit.”
Karla who is also the CEO of Cook Islands Tourism says
“Every country is at different stages of progression and will have its own journey to take, and we hope that the Cook Islands can be an example to other Pacific nations that with love, respect and faith they too can work together in peace to find equality for all their citizens.
Do not despair, there is a light at the end of the tunnel, steer the course, never give up , your time will come”
Aside from decriminalising homosexuality, the bill ensures more protection around victims of rape. A past law that allowed women to be raped by their husbands if they separated was removed.
Teokotai Paitai added, “if many of us can see this change in our lifetime, then imagine the change our young LGBTIQA+/MVPFAFF+ can look forward to.”
The Crimes (Sexual Offences) Amendment Bill comes into effect from 1 June. 19 MPs voted in favour, four did not, and one was absent from Parliament.
“This has been an exercise in endurance, commitment and faith. Pride Cook Islands along with our sister organisation, Te Tiare Association, join our Patroness - the ever-gracious and steadfast Lady Tuaine Marsters, to acknowledge all those that came before us and were not able to bear witness of this historic event. The journey for the Cook Islands to get to this day was one weaved with love, respect and faith. We are now truly one nation and one people.” Karla Eggleton.
Ko au, ko koe, ko tatou – (you, me, us)
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