Tally of nations with anti-gay laws drops to 67 as Cook Islands votes for repeal
Cook Islands’ parliament repeals law against “indecent acts between males.”
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The world continues to make slow progress toward full recognition of the human rights of LGBTQ people, with the latest step coming on Friday, April 14, when the parliament of tiny Cook Islands in the South Pacific repealed its anti-homosexuality law
With that vote, the number of nations with anti-gay laws dropped to 67. That’s a drop of 25 since 2006, when a total of 92 nations classified homosexual activity as a crime, according to ILGA, the the International Lesbian, Gay, Bisexual, Trans and Intersex Association.
The population of Cook Islands is about 18,000.
John Roberts, author of the Cook Islands website guide https://www.cookislands.org.uk, reports:
The Cook Islands Parliament has removed from the 1969 Crimes Act sections which meant men could be jailed for up to five years for “indecent acts between males.” Anyone “hosting” these acts in their premises faced up to 10 years in prison. It means consensual sex between men will now be legal. The change to the law is effective from 1 June, 2023. Although the law was never enforced, LGBT+ people felt strongly that they were discriminated against and there was a lot of anti-gay rhetoric over the years. …
(T]his is truly a huge step forward and great news for the Te Tiare Association (the LGBT+ organisation in the Cook Islands) who have campaigned for this change. The Prime Minister, Mark Brown has tweeted: “A historical day in Parliament as my Party has fulfilled its pledge to stomp out discrimination in our society and to uphold our Constitution commitments to human rights”.
Pride Cook Islands President Karla Eggleton described the decision as “massive”. And she went on to say: “I think the message we want to tell people is: hug your friend, hug your neighbour, hug your niece, hug your daughter, because now we are truly equal”.
Lady Tuaine Marsters is the wife of the most important official in the Islands, the King’s Representative and she’s heading up the campaign for change. This is what she said at the start of the campaign: “Everyone should be treated with dignity and respect regardless of who they are – and that means no one faces unfair treatment because of their LGBT+ identity. We are fighting for the same rights as everyone else, for equality under the law. Don’t make us criminals for being true to ourselves”
The Cook Islands Guide website summarized what has changed and what hasn’t:
The following laws are repealed:
- INDECENCY BETWEEN MALES: Up to 5 years in prison; consent is not a defence (Crime Act 1969)
- SODOMY: Up to 14 years in prison; consent is not a defence (Crime Act 1969)
- KEEPING PLACE OF RESORT FOR HOMOSEXUAL ACTS: Up to 10 years in prison (Crimes Act 1969)
The following laws remain:
- MARRIAGE: Same sex marriage is illegal (Marriage Amendment Act 2000 and 2007)
- EMPLOYMENT: Discrimination on the grounds of gender or sexual preference is illegal, although this protection can be limited by “doctrines, tenets, beliefs or teachings of a particular religion or creed” (Employment Relations Act)
The NZ Herald reported on the repeal:
Cook Islands parliament decriminalises homosexuality
The Cook Islands has removed a law from its Crimes Act that could jail men for having sex with men.
The law – which was never enforced – said the offence of “indecent acts between males” was punishable by up to five years in prison.
People hosting these acts on their premises faced up to 10 years’ imprisonment under the Crimes Act 1969.
Under the Crimes (Sexual Offences) Amendment Bill – tabled and passed today – any clauses that make consensual sexual acts between men illegal will be removed from the Crimes Act, and the bill will come into force on June 1.
It’s an “historical day in Parliament”, Cook Islands Prime Minister Mark Brown wrote in a Facebook post.
“My party has fulfilled its pledge to stomp out discrimination of the LGBT community in our society and to uphold our constitutional commitments to human rights,” Brown said.
“Today we have decriminalised consensual sexual activity that involves people over the age of consent.”
The Cook Islands PM said getting consensus within his caucus took “a lot of work”.
“As lawmakers, we cannot pass laws that knowingly discriminate against members of our community.
“Our team has agreed that while we acknowledge the beliefs of our individual members, the right thing for this government to do was to vote against discrimination and to vote for greater protection for victims of sexual crime, and that is what we have done.”
Minister of Justice Hon. Mac Mokoroa stressed, during his speech supporting the bill, that the Cook Islands is a “free country”.
“It is not the job of government to tell people what their sexuality is … to absolve sin … to tell people how they can or cannot have sex,” he said.
“The government does not have a place in the bedrooms of our people.”
The rainbow community in the Cook Islands say the bill has been a long time coming.
Pride Cook Islands president Karla Eggelton said it was a significant moment for the nation.
“It’s massive,” Eggleton said.
“We are so grateful for all the people and all the organisations throughout our community who have been working tirelessly to make this happen. This is big,” she said.
“And I think the message that we want to tell people is: hug your friend, hug your neighbour, hug your niece, hug your daughter, because now we are truly equal.”
Legislators passed the amendments after the second and third readings on Friday, April 14 (Cook Islands time).
Eggleton said the passing of the bill reflected the Cook Islands’ changing society.
All major parties voiced support for the change before the Cook Islands’ general election last year.
Congratulations Cook Island LGBTQ+ People!
(I am somewhat puzzled about the picture accompanying the article though, the now retracted law was about males I understand, why not post a picture of two males kissing?)