cook islands family law bill
DESCRIPTION
PROTECTING VULNERABLE FAMILY MEMBERS – MAINTAINING POSITIVE COOK ISLANDS TRADITIONS AND CUSTOMSTRANSCRIPT
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
UNDP/APRC Women's Access to Justice: land and property rights 9-10 June 2014, Bangkok, Thailand
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
UNDP/APRC Women's Access to Justice: land and property rights 9-10 June 2014, Bangkok, Thailand
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
UNDP/APRC Women's Access to Justice: land and property rights 9-10 June 2014, Bangkok, Thailand
House of Ariki
UNDP/APRC Women's Access to Justice: land and property rights 9-10 June 2014, Bangkok, Thailand
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
UNDP/APRC Women's Access to Justice: land and property rights 9-10 June 2014, Bangkok, Thailand
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
UNDP/APRC Women's Access to Justice: land and property rights 9-10 June 2014, Bangkok, Thailand
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/APRC Women's Access to Justice: land and property rights 9-10 June 2014, Bangkok, Thailand
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
UNDP/APRC Women's Access to Justice: land and property rights 9-10 June 2014, Bangkok, Thailand
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
UNDP/APRC Women's Access to Justice: land and property rights 9-10 June 2014, Bangkok, Thailand
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
UNDP/APRC Women's Access to Justice: land and property rights 9-10 June 2014, Bangkok, Thailand
Meitaki ma’ata – Thank you