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Tokelau - Foreign Relations

Tokelau has been a non - self governing territory of New Zealand since 1926. Tokelauans are New Zealand citizens. Tokelau is a dependent territory of New Zealand; however, international treaties are applied only with the consent of the Government of Tokelau. Tokelau is a full or associate member of many international organizations, including South Pacific Regional Environmental Programme, the Forum Fisheries Agency, the World Health Organization, and UN Educational Scientific and Cultural Organisation (UNESCO).

The Joint Statement on the Principles of Partnership between New Zealand and Tokelau, signed in 2003, summarises the current understanding of the political relationship between New Zealand and Tokelau. At the New Zealand end of the relationship, a government - appointed Administrator of Tokelau, located in the New Zealand Ministry of Foreign Affairs and Trade (MFAT) heads a group that manages the day - to - day relationship with Tokelau.

There is a strong feeling that New Zealand makes decisions with little consultation or understanding of the realities on the atolls. Commitments made are not seen as being kept and New Zealand is seen as not trusting Tokelau. The perception of many in Tokelau was that New Zealand does not attend to matters that require New Zealand’s action to enable Tokelau to progress its economic development. This specifically related to legislative change in relation to the EEZ and actions to enable Tokelau’s production of stamps and coins recommence.

Tokelau and New Zealand have agreed to a draft constitution as Tokelau moves toward free association with New Zealand. Originally settled by Polynesian emigrants from surrounding island groups, the Tokelau Islands were made a British protectorate in 1889. They were transferred to New Zealand administration in 1925. Referenda held in 2006 and 2007 to change the status of the islands from that of a New Zealand territory to one of free association with New Zealand did not meet the needed threshold for approval.

The island was claimed by the United States pursuant to the Guano Islands Act as were the other three islands of Tokelau, which claims were ceded to Tokelau by treaty in 1979. On December 2, 1980, the United States and New Zealand signed in Atafu Atoll itself a treaty to delimit the maritime boundary between the United States and Tokelau, a New Zealand territory. As a result of this treaty, the United States relinquished its claim to these three atolls and acknowledged New Zealand's sovereignty over them on Tokelau's behalf. This treaty entered into force on September 3, 1983.

In the draft constitution of Tokelau subject to the Tokelauan self-determination referendum in 2006, Olohega is claimed as part of Tokelau, a claim surrendered in the same 1979 treaty which established a boundary between American Samoa and Tokelau. Swains Island is geographically part of the Tokelau group, but was settled by an American, Eli Jennings, in 1856. Jennings flew the American Flag and Swains was claimed for the United States by Jennings and by the United States Guano Company under the Guano Islands Act.

Tokelau's claim to Swains is generally comparable to the Marshall Islands' claim to US-administered Wake Island, but the re-emergence of this somewhat dormant issue has been an unintended result of the United Nations' recent efforts to promote decolonization in Tokelau. Basically, Tokelauans have proved somewhat reluctant to push their national identity in the political realm: recent decolonization moves have mainly been driven from outside for ideological reasons. But at the same time, Tokelauans are reluctant to disown their common cultural identity with Swains Islanders who speak their language.

Non-self governing territories under Chapter XI of the United Nations Charter are territories whose peoples have not yet attained a full measure of self-government, which in the Pacific include French Polynesia, New Caledonia, Wallis and Futuna, Guam, American Samoa and Tokelau.

On the spectrum between integration at one end and independence at the other end. Free association is a point somewhere in between. Free association usually means that a state manages its own laws and also has a special relationship with an independent state that will share its citizenship and provide economic assistance and defence. Integration means that the territory will be merged in another state and be governed as any other district of that state. Independence means that a state has complete authority over its affairs including citizenship.

The Treaty of Free Association between New Zealand and Tokelau which has been approved by New Zealand's Cabinet on 21 November 2005. The people of Tokelau in the South Pacific voted 16 February 2006 to remain a New Zealand colony in a binding referendum. While around 60% of the votes cast were in favor of breaking away from New Zealand, Tokelau had previously decided a a two-thirds majority was required for change. Of the 584 votes cast, 349 were in favor of self-government.

Under the rejectd Free Assocation agreement, Tokelau would have remained associated with New Zealand. It would be associated with New Zealand in the Realm of New Zealand which includes the Cook Islands and Niue. The treaty package was not for independence; there would therefore be no Tokelau citizenship. Tokelauans would continue to have New Zealand citizenship. The treaty package required Tokelau to take national responsibility. There would be no control from Wellington. Wellington would no longer have the power to make law for Tokelau or to control the Tokelau public service.

New Zealand's Administrator on Tokelau, Neil Walter, said the act of self-determination was always going to be something of a challenge to Tokelau. He says its people have traditionally taken a very cautious approach to change. Some people felt unsure of the implications of the vote and the response to the result has been mixed.

UN Secretary-General Ban Ki-moon’s message on the occasion of the opening of the Pacific Regional Seminar on Decolonization and the observance of the Week of Solidarity with the Peoples of the Non-Self-Governing Territories, was delivered by Freda Mackay, Chief, Decolonization Unit, United Nations Department of Political Affairs, in Bandung, Indonesia, 14 May 2008. "Decolonization is one of the great success stories of the United Nations. But, as the Second International Decade for the Eradication of Colonialism draws to a close, 16 remaining Non-Self-Governing Territories highlight the fact that this monumental task is as yet incomplete. It falls to the United Nations, and to all of us as members of the international community, to help bring this process to a successful conclusion.... Colonialism has no place in today’s world. I, therefore, urge all administering Powers to actively engage with the United Nations in discharging the UN mandate on decolonization. And I encourage all parties to continue working together to complete the decolonization process in every one of the remaining 16 Non-Self-Governing Territories."

The 2008 Pacific Regional Seminar on decolonization convened under the auspices of the General Assembly’s Special Committee on the situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples -- better known as the Special Committee of 24 on Decolonization -- concluded its work 16 May 2008. “Following the example set by New Zealand, other administering Powers are called upon to cooperate fully with the Special Committee in pursuing a proactive approach in order to achieve concrete results in fulfilment of the Special committee’s mandate,” the draft report said, adding that participants were appreciative of New Zealand’s continued involvement with Tokelau.

Prime Minister Helen Clark said New Zealand will fully respect the result of the referendum. Clark said New Zealand would have been entirely comfortable if Tokelau had chosen to become self-governing, but the people have spoken. She said Tokelau had made considerable progress towards greater political self reliance in recent years and it was already exercising most of the responsibilities of self-government.

The UN Secretary-General's Message to the Pacific Regional Seminar on Decolonization was delivered by Ms. Rie Kadota, Senior Political Affairs Officer, Decolonization Unit, Department of Political Affairs, 31 May 2016 "According to the Charter of the United Nations and relevant General Assembly resolutions, a full measure of self-government can be achieved through independence, integration or free association with another State. The choice should be the result of the freely expressed will and desire of the peoples of the Non-Self-Governing Territories."