PPSEAWA International

Current Situation In The Cook Islands on Convention Against Discrimination In Education

Report To: UNESCO

September 1998

Prepared by Pan Pacific South East Asia Women's Association Cook Islands

Introduction

The Cook Islands is currently experiencing major economic changes and restructuring of the public service has resulted in large population movements both from the outer islands to the main island of Rarotonga and emigration to New Zealand and Australia.

The four population groups which is the focus of this consultation can be identified in the Cook Islands as:

Women and Girls

Females represent just below 50% of the population (Census 1996) with young girls between 5-25 years making up at least half the number.

This is distributed with more than half residing on Rarotonga. In the southern Group 2,800 and a smaller number of 1,318 in the Northern Group.

Persons belonging to Minorities

Article 27 of the International Convenant on Civil and Political Rights does not apply to the Cook Islands. There are no minorities that are not able to use their mother tongue. Minority groups such as Asians are two or three couples each and other European groups are small in number. Their influence and overall impact on Cook Islands society is limited. Their influence and sharing of their culture is seen as a positive aspect of their residence in the Cook Islands and to some extent encouraged. They have equal access in all aspects of society and education and for the most part are able to excel in the environment provided by the Cook Islands

Refugees

The Cook Islands is a self-governing nation that has a special relationship with NZ. It is not an independent nation that would see the Cook Islands give refugee status to individuals. All Cook Islanders are NZ citizens with NZ passports. Refugee status could only be provided by the Cook Islands government for residence only and not NZ national status.

Indigenous People

Indigenous people are Cook Islander Maori spread over 13 Islands. The remoteness of the islands in itself will not provide for equal access. The Northern Group islanders, resident in the most remote islands of the Cook Islands, have small numbers and fewer and less qualified teachers and achievement levels are very poor. Southern Group islanders with better access to communications and education have better levels of achievement.

Although Cook Islands Maori in all its dialect forms has special status as the language of the indigenous people of the Cook Islands, the Cook Islands Language has yet to be adopted as the official language of the Cook Islands. The Government has yet to enact an Official Languages Act.

Legislation and Programmes Identified

The sections relevant to address and identify the concrete examples of measures developed or situations, which might lead to discrimination or unequal treatment, are highlighted as areas of concern for all the major population groups which are the focus of this consultation.

These are:

Education Act 1986 -87 and Amendments

Section 31 Compulsory Attendance - (1) it shall be compulsory for every child (a) to be enrolled at a school registered under this Act

(b) to attend a school registered under this Act, from the date of enrolment to the end of the school year during which the child attains the age of 15 years. (4) Every person who commits an offence under this section shall be liable on conviction to a fine not exceeding $100 and on conviction for any second or subsequent offence to a fine not exceeding $200.

The above provisions provide a positive response to ensuring that a minimum level of education is available to all children of the Cook Islands, girls, indigenous people and minority groups. Equal access to a school registered under this Act.

Section 33 - Suspension and expulsion - (1) A principal of a government school may after consultation with the school committee suspend any child or over the age of twelve years from attendance at any government school for a period not exceeding two weeks at any one time if, in the opinion of the principal, such child is guilty of misbehaviour to the prejudice of the good conduct and discipline of the school.

(2) A principal of a government school may after consultation with the school committee expel any child of or over the age of twelve years from any government school which that child is attending and remove such child's name from the school register if in the opinion of the principal such child is guilty of gross misbehaviour to the prejudice of the good conduct and discipline of any school.

(3) The procedure to be followed in suspending and expelling any child from school may be prescribed by regulations but in the absence of such regulations shall be determined by the principal.

This section of the Education Act provides for personal opinion and likely discrimination in the case of young female students who are pregnant and are not permitted to continue or return to school due to "guilty of gross misbehaviour" which is at the discretion of the Principal of the school. This is only favourable to the male who is not subject to expulsion but is party to "gross misbehaviour" as determined by the Principal.

The discretionary powers given to principals under this Act should be reviewed and subject to monitoring and strict regulations.

Education Statistics Digest 1997 and Report on Cook Islands Standardised Tests of Achievement (STACI) 1998

The statistics establish and highlight the issues relating to access and equity and reflect remoteness in the Northern Group islands disadvantaging students from these areas.

1997 examination results show that the Form 7 enrolment, the pass rates of 87% of students qualifying for university entrance and 70% attaining a university bursary appear to be successful. However in the context that approximately 400 students began as new entrants or Grade 1 students the results show that only 26 or about 6.5% of all students are retained in the Cook Islands education system and achieve the requirement to progress on to university level.

School Certificate results shows a marked difference in the achievement levels of students in the Southern Group Islands and Rarotonga.

These differences reflect inequity in human and educational resources available to meet the needs of the students in each of the island groups, which may impact on access to equal opportunity as specified in the Convention.

Quality Management Systems for Secondary Schools

Quality Management Systems have developed policies in some Secondary Schools which has helped to eliminate discrimination against minorities or as may occur on the basis of gender, religion or other factors within the school community. They ensure students equal access to teaching programmes and school resources.

Cook Islands National Policy on Women and Cook Islands National Policy on Women Two year Action Plan 1996 - 1998

The National Policy on Women states that women are an integral part of the Nation. It promotes the need for women to be equal partners with men in the development process and ensures that women are adequately prepared to cope with the social, economic, political and cultural systems in the two year Action Plan.

Article 5 of the Convention

Article 5 of the convention states that "Education shall be directed to the full development................. United Nations for the maintenance of peace.

Cook Islands Law
(a) No specific attempt has been made to develop respect for human rights and fundamental freedoms or the principles enshrined in the Charter of the United Nations.

(b) In the Cook Islands, the evolving capacities of the child are widely recognised and are taken into consideration by parents, the extended family/community in the socialisation process, both within the broader community as a whole.

The Education Act 1986-87 and the Amendments to date imposes an obligation on both parents and guardians to ensure that their children attend school from the age of 5 - 15.

In the secondary schools, religious instruction is conducted once a week, for half an hour.

There are three religious groups who have established their own schools, the Roman Catholic, Seventh Day Adventist and the Assembly of God.

(c) Cook Islands Maori persons, the indigenous population comprise by far the greater proportion of the population in the Cook Islands, the largest minority being generally classed as 'Europeans' most of the latter being of New Zealand non-Maori origin. There are relatively small numbers of permanent residents from other countries as well. What might be described as a general 'European' culture exists alongside Maori culture, at least on Rarotonga where all but a handful of Europeans reside. The English language is commonly used, particularly on Rarotonga.

The Race Relations Act 1972 and s.55 of the Education Act 1986-87 require all children to be treated with understanding, dignity and respect. All minority children are afforded the same treatment as Cook Island Maori children, they cannot however, inherit land.

Under Section 37 of the Education Act 1986 -87 the curriculum for all schools shall include Cook Islands language and culture.

No specific measures are planned or could be identified at the time of compiling this report.


Last Modified: November 29, 2002