By Melina Etches of 
Participants gather at the workshop on the potential development of hate crimes legislation in the Cook Islands. Photo: Cook Islands News / Melina Etches
A one-day workshop on the potential development of hate crimes legislation in the Cook Islands was recently at the Muri Beach Club Hotel, drawing attention to the need for stronger protections against discrimination.
Independent consultant Janette Olliver, who helped facilitate the workshop, said its purpose was to examine the possibility of introducing hate crimes legislation in the Cook Islands or obtaining technical assistance to draft such laws.
"The aim is to provide better protections for all groups in our society, including different religious subgroups, migrant workers, and communities with distinct cultures, where bias and discrimination may exist," Olliver said.
She added that legislation is necessary because people often face hostility due to their religion, gender, or other personal characteristics, and in some cases, this can escalate to violence.
"When there isn't a framework to recognise crimes motivated by bias, they often go unrecorded," she said. "This makes it difficult for the media or the criminal justice system to track what is happening. The absence of data doesn't mean it's not happening - it simply remains invisible."
Facilitated by Ariane Adam, Head of Legal at the London-based Human Dignity Trust (HDT), an organisation that provides legal support to protect marginalised communities worldwide.
HDT works globally with LGBT activists, defending human rights in countries where private, consensual sexual activity is criminalised.
Ariane Adam (left), Head of Legal at the Human Dignity Trust in London, with Independent Consultant Janette Olliver at the workshop on the potential development of hate crimes legislation in the Cook Islands. Photo: Cook Islands News / Melina Etches
Adam said that the organisation only operates in countries where it has been formally invited.
"The Cook Islands engaged us to provide legal technical assistance, ensuring that local stakeholders drive the process," she said.
Adam said the legislation would not create new crimes but would allow existing criminal offences to be recognised as aggravated if motivated by prejudice or bias.
"The framework triggers investigations into the bias element of crimes and allows the justice system to monitor offences as hate-motivated," she said.
"Monitoring enables better protection for marginalised communities and helps ensure that these crimes do not remain hidden."
The workshop included confidential discussions where participants shared anecdotal examples of discrimination and bias.
Adam noted that without a formal framework, such cases often go unrecorded, which can be detrimental to societal cohesion. "Hidden offences are not only a risk to the victims but also to the unity of society," she said.
Olliver highlighted the engagement of HDT as a result of collaboration with local lawyer and Leader of the Opposition Tina Browne and the Raise The Pacific collective, whom she represented at the Pacific Human Rights Conference in Fiji in April 2024.
Part of the discussions was the impact of bias in schools.
A 16-year-old Tereora College student attending the workshop described how social media, rumours, and bias can turn schools into hotspots for discrimination and "hate crimes" among students.
The student said social media fuels much of the harm, "Instagram pages and online gossip spread quickly, targeting students for how they look, act, or what they believe."
Inside classrooms, bias can also emerge among teachers, with some acting inappropriately "being touchy" or allowing religious tensions to affect students.
Rumours, fights, and discrimination are often sparked by jealousy or minor disputes, with identity sometimes becoming a target. "Students can face comments about who they are - for example like light-skinned Cook Islanders; sometimes what parents believe reflects on the child," the student said.
The hope for this student is the workshop will lead to better education around harmful behaviour. "A lot of kids don't even know what a hate crime is and we all need to think about what it does to the other person."
The workshop was described as a starting point for conversations about whether the Cook Islands could benefit from hate crimes legislation.
Participants, including civil society representatives and local officials, expressed strong support for the initiative.
Next steps will include further consultations and discussions with legislators to explore potential drafting and implementation.
Olliver said the engagement of HDT represents an important step in ensuring that any legislative framework is informed, locally led, and tailored to the Cook Islands context. "It's crucial that any law introduced addresses the real needs of communities here and provides a practical tool for the justice system," she said.
The workshop highlighted the importance of recognising bias-motivated offences and taking proactive measures to prevent discrimination.
