cook islands family law bill

UNDP/APRC Women's Access to Justice: land and property rights 9-10 June 2014, Bangkok, Thailand

COOK ISLANDS FAMILY LAW BILL

PROTECTING VULNERABLE FAMILY MEMBERS – MAINTAINING POSITIVE COOK ISLANDS

TRADITIONS AND CUSTOMS


Growing dependence on tourism 8821 visitors in March 2014, 9003 visitors in April 2014, accounts for 70% of GDP

Depopulation Permanent departures have increased from 120 in 2007 to 376 in 2011

Welfare system for elderly and infirm 2014 10% increase in ongoing welfare payments and elderly pensions increased by 25% over 70yrs $625 pm, under 70yrs $500 pm

Rising personal debt increasing mortgagee sales

Increasing NCD issues are the main causes of mortality

Growth in small businesses Development of Seabed Minerals Industry SBM

Office and legislation

Fisheries Management fisheries licenses 2m sq km EEZ

Present Cook Islands Social Environment


Land systemTraditional “ownership”Court sanctioned “ownership”

Equal division of matrimonial property Increased numbers of women in Senior

Government positions Women in Politics Women in the Law Women feature higher than men in the sales,

clerical, social, professional and hospitality industries

Traditional leadership roles

Women’s Status in the Cook Islands


House of Ariki


Affordability of access to justice restricted to criminal matters

Breaking down barriers to effective access to justice for victims of domestic violence

Provision of support to single, separated or divorced mothers

Barriers to protecting girls from sexual assault

Emerging Issues


Spousal and Child Support includes property, land or other assets including seafood, meat, fruit and vegetables (cl 4)

Recognition of:◦ de facto relationships (cl 5)◦ equitable contributions (cl 13(b))◦ other forms of support if there is no interest in land (cl14(5))

Child protection provisions giving greater powers to protect child victims (Part 6)

Protection from stalking, emotional, physical, and economic abuse (Part 7)

Police Safety orders removes the perpetrator immediately and protects the victim (Subpart 3)

Prevention of removal of children from Cook Islands

Issues addressed by the Family Law Bill


Changing negative traditional and customary norms education about UNCROC and CEDAW rights and appropriate ways to encourage recognition and responses to implementation of those rights

Maintaining positive traditional and customary norms validation of consensus decision making techniques, community values and sharing of resources

Lack of technical drafting capacity reliance on international assistance

Internal country delays political will, lack of capacity Effect of dissolution of Parliament unstable political

system

Preparation for implementation capacity issues

Challenges


UNDP funded technical assistance◦ Drafting of the Family Law Bill, the Regulations

and the Explanatory Notes◦ Costing Assessment ◦ Recognition of in-country issues which affect

progress of changes to the law◦ Implementation assistance

Essentials


Access to free legal advice for those who cannot afford the cost of a lawyer

Lack of statistics about children being raised by one parent

Lack of research about matrimonial property outcomes

Outstanding Issues


Practical assistance for women’s access to free, sound and safe legal advice – funding assistance for a community law office

Research project on mother’s raising children without fathers – technical assistance

Research outcomes for separated or divorced women seeking property division – technical assistance

Recommendations


Meitaki ma’ata – Thank you

cook islands family law bill

Government & Nonprofit

property rights

customs undpaprc womens

eez undpaprc womens

effective access

affordability of access

cedaw rights

law women

practical assistance