Guns in the Cook IslandsIn common with most small island communities in the Pacific, the people of the Cook Islands are not greatly affected by small arms. Despite a relatively high ratio of firearms to people and an absence of comprehensive gun control law, in the years 1997 to 2001 the nation reported no firearm-related deaths. Until 1992, dated legislation allowed a permissive approach to gun policy. Since then, the continued suspension of all new gun licence applications has ranked the regulation of firearms in the Cook Islands as restrictive.1 In 2009, a state monopoly on the importation and sale of small arms and ammunition continued to enable police to inspect and to register firearms, and to interview and re-licence gun owners before allowing them to purchase ammunition. Civilian PossessionIn 2002, the Cook Islands reported 500 registered civilian-held firearms, for a possession rate of 2.5 per 100 people.2 Yet officials also noted that a total of 1,944 imported firearms had been registered at one time or another in the Cook Islands since 1950, of which an estimated 30 percent would be unfireable or destroyed. This could leave as many as 860 unregistered firearms in circulation, for a total civilian possession rate of 6.6 per 100, or one gun for each 15 people in 2008.3 4 By either estimate, Cook Islanders rank as the sixth most-armed population in the south west Pacific.2 4 Government GunsIn common with most neighbouring countries, the Cook Islands does not maintain a military force. Although the nation’s 100-odd sworn police officers patrol unarmed, their armouries hold an estimated 29 firearms.5 6 Gun Death, Injury and CrimeIn the five years from 1997 to 2001, Cook Islands Police reported only one homicide, a crime in which no firearm was involved.7 There were two homicides in the eight years to January 2003, but neither involved a firearm.8 9 Published accounts of non-fatal gun crime are rare, but increasing.10 11 Gun Control LawCook Islands firearm legislation includes the Arms Ordinance (1954) No. 3, the Crimes Act (1969), the Arms Amendment Ordinance (1955) No. 2, the Amendment Act (1973-4) No. 39, the Arms Ordinance Amendment Act (1977) No. 4, and the Customs Act (1913).12 Outdated by recent standards, small arms-related legislation in the Cook Islands does not address arms exports, private transfer, transit or brokering; manufacturing, production or repair; illicit stockpiling; genuine reason for possession; minimum storage requirements; safety training requirements; background checks; permitted quantities or type of ammunition or marking requirements; and contains no provision for firearm amnesty or surrender.13 Despite this lack of specific legal power, established police procedures are designed to keep a tight rein on small arms and ammunition. Gun Owner Licensing‘Genuine Reason’ for firearm ownership is not defined in law, but is regarded by police as being ‘mainly for shooting wandering animals on... farms or planting paddocks.’14 In 1992, the Cook Islands suspended the importation of small arms and ammunition for civilians and stopped issuing new firearm licences. Existing gun owners must apply to renew their licence, and may continue with police consent to purchase replacement firearms of an equal or lesser calibre.15 16 State control of the importation and sale of ammunition allows police to inspect and to register firearms, then to interview and to re-licence gun owners before they can purchase ammunition.17 Although handguns are unavailable in the Cook Islands, this is a result of established convention and police control of imports rather than specific legislation prohibiting weapons by type.18 Record KeepingCook Islands police maintain centralised records of licensed gun owners and their registered firearms.19 20 Marking and TracingCook Islands firearm legislation does not stipulate marking requirements for small arms or ammunition.21 13 PenaltiesEnacted into law as long ago as 1954, penalties for some types of gun crime in the Cook Islands remain low. These include a $100 fine for unlawful firearm possession, and up to three months imprisonment or a $100 fine for unlicensed dealing in firearms, or for illegal importation. Similar offences involving ammunition are not included.22 In 1969, prison sentences of up to 14-years were added for discharging a firearm with reckless disregard for others, or with intent to injure.23 DefinitionsThe Cook Islands definition of ‘firearm’ includes any weapon from which a missile is discharged by the force of any explosive substance or by compressed air.24 An airgun is therefore classified as a firearm. Production and TradeManufactureAlthough legislation does not specifically prohibit arms manufacture, no factory-made small arms or ammunition are produced in the Cook Islands. Any unlawful manufacture of home-made, or 'craft' firearms remains unreported. Trade ControlCurrent Cook Islands firearm legislation does not cover most aspects of small arms export, transfer, transit, or arms brokering. Nor do the nation’s laws address the illicit stockpiling of firearms and ammunition, their manufacture, production or repair.13 An exception is that the Governor-General may by Order in Council prohibit the export of arms, and of materials that may be used in the manufacture of arms.15 Firearm imports have been prohibited since 1992, except for police or defence personnel, or for licensed owners replacing firearms with the same or lesser calibre.15 The Cook Islands Police Commissioner remains the nation’s only lawful supplier of arms and ammunition.25 In the years 2000-07, the declared value of small arms and ammunition imports to the Cook Islands was US$11,476, of which 90 per cent was imported from New Zealand.26 International AgreementsA self-governing state in free association with New Zealand, the Cook Islands retains full responsibility for both its internal and external affairs. As neither a member state nor an observer at the United Nations,27 its government has never reported to the United Nations small arms Programme of Action (UNPoA).28 29 Nor is the Cook Islands a party to the 2001 Firearms Protocol to the UN Convention against Transnational Organised Crime.30 Although the Cook Islands does not involve civil society stakeholders in the UN small arms process, both New Zealand and Australia support Pacific island NGOs to attend regional UNPoA workshops, and include local NGO advisers in their delegations to the United Nations.31 As a member of the Pacific Islands Forum, the Cook Islands endorsed the 1998 Honiara Initiative,32 33 which led to the Nadi Framework for small arms control in the Pacific.34 In a unanimous vote in 2003, the 16 nations of the Forum adopted the resulting Draft Model Weapons Control Bill,35 a template designed to encourage progressive harmonisation of gun control laws across the region as member states update their national legislation.36 37 In 2009, the Cook Islands had yet to adapt its firearm legislation in line with the Nadi Framework. The Cook Islands exchange firearm trafficking intelligence with regional neighbours through the Oceania Customs Organisation (OCO), and receive related assistance from the Pacific Islands Forum Regional Security Committee (FRSC).38 International AssistanceIn the years 2002-04, to implement the secure storage recommendations of the UNPoA, New Zealand helped construct and upgrade the Cook Islands police armoury and ammunition magazines, and provide ongoing staff training in weapon maintenance and management.39 40 41 In 2002-05, Australia and New Zealand supported all five major small arms-related research projects in the region, some of which surveyed the Cook Islands.42 43 44 45 46 |
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