TOKELAU
Tokelau
Tokelau
(Territory of New Zealand)
Joined United Nations:  24 October 1945
Human Rights as assured by their constitution
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Updated 07/05/10
CAPITAL
POPULATION
CHIEF OF STATE
SELECTION PROCESS
None; each atoll (Atafu, Nukunono and Fakaofo)
has its own administrative center
1,400 (July 2010 est.)
Elizabeth II
Queen of the United Kingdom
since 6 February 1952
The monarch is hereditary; Governor General selected by the
monarch; administrator appointed by the Minister of Foreign
Affairs and Trade in New Zealand

Next scheduled election: None
HEAD OF GOVERNMENT
SELECTION PROCESS
The head of government is chosen from the Council of Faipule
and serves a one-year term. Position rotates annually among the
three Faipule (village leaders)

Next scheduled election: November 2011
DECLARATION OF HUMAN RIGHTS
ETHNIC GROUPS
Polynesian
RELIGIONS
Congregational Christian Church 70%, Roman Catholic 28%, other 2%
note: on Atafu, all Congregational Christian Church of Samoa; on Nukunonu, all Roman Catholic; on Fakaofo, both
denominations, with the Congregational Christian Church predominant
GOVERNMENT
STRUCTURE
self-administering territory of New Zealand; note - Tokelau and New Zealand have agreed to a draft constitution as Tokelau
moves toward free association with New Zealand; a UN sponsored referendum on self-governance, in February 2006, did not
produce the two thirds majority vote necessary for changing the current political status
; no administrative divisions. Legal is
based on New Zealand and local statutes
Executive:  The monarch is hereditary; administrator appointed by the Minister of Foreign Affairs and Trade in New
Zealand; the head of government is chosen from the Council of Faipule and serves a one-year term
Legislative: Unicameral General Fono (20 seats; based upon proportional representation from the three islands elected
by popular vote to serve three-year terms; Atafu has seven seats, Fakaofo has seven seats, Nukunonu has six seats); note
- the Tokelau Amendment Act of 1996 confers limited legislative power on the General Fono
elections: last held 17-19 January 2008 (next to be held in 2011)
Judicial: Supreme Court in New Zealand exercises civil and criminal jurisdiction in Tokelau
LANGUAGES
Tokelauan (a Polynesian language), English
BRIEF HISTORY
Tokelau's atolls have been populated for around 1000 years, with traditional tales linking the original Polynesian settlers
with Samoa, the Cook Islands and Tuvalu. The three atolls were reputed to have something of a fierce aversion to
domination from outsiders until the Tokelau wars of the 18th century, when Fakaofo conquered Atafu and Nukunonu to
create the first united entity of Tokelau. Atafu is in the hurricane belt. The island is inhabited by 380 persons (1932), all
natives of the Tokelau islands. Concerning them and their culture Gordon Macgregor, a Yale-Bishop Museum fellow,
who spent two months on the island, has written an interesting and informative bulletin. He believes that the island was
inhabited by a fine race of Polynesian people, all of whom were killed or driven from the island by an invasion from
Fakaofo in legendary times (about 1600). Nukunono was inhabited at an early date by a Polynesian people of fine
physique, according to tradition, which states that they furnished the first settler of Fakaofu with a wife. All but a few of
these early people were destroyed or driven away by conquerors from Fakaofu, under a chief named Te Vaka, about
1650. The rest became subject to Fakaofu, and were gradually absorbed by its people. Some settled in Samoa, and
others on islands to the west. Later Atafu was used periodically as a fishing base for expeditions from Fakaofo; and finally
drought, hurricane, and over-population on the latter island brought about a new permanent settlement. Although the last
of the group to become inhabited, Fakaofu became the dominant island, due to conquests of Te Vaka, son of the
powerful chief, Kava Vasefanua, in the 17th century. The earlier inhabitants on the other islands were destroyed, driven
away, or absorbed, and the islands recolonised by the later comers.  The first Europeans to visit the islands were
Commodore John Byron in 1765 (Atafu) and the sailors of the US American whaler General Jackson in 1835 (Fakaofo).
As is the custom, missionaries soon followed, with Catholic Samoans converting the people of Nukunonu in the 1840s,
Protestant Samoans converting Atafu in 1858 and the two groups later battling for the souls of Fakaofo. White men
discovered Fakaofu in January, 1841, with the arrival of the French ship Adolphe, Captain Morvan. Immediately after, on
January 28, 1841, the Peacock and Flying Fish, of the U.S. Exploring Expedition, arrived, and named the atoll Bowditch
Island. They considered it a new discovery until they found parts of a wrecked ship, which the natives said had been cast
up two or three years earlier, and from which two men with Polynesian names had escaped, but had later died. The atolls'
already minuscule populations were drastically reduced to a mere 200 in the 1850s and 60s when Peruvian slave traders
seized around 250 people, 500 islanders were removed by missionaries, and diseases such as dysentery took hold. The
islands were annexed by Britain in 1889, and incorporated into the new crown colony of Gilbert & Ellice Islands (today's
Kiribati and Tuvalu) in 1916, by which time they were known as the Union Group. (The name probably didn't take
because it sounds better suited to a bank than an island paradise.) Many Tokelauans headed off to work the phosphate
mines of Banaba (Ocean Island). The islands have been administered by New Zealand since 1925, and were included
within its territorial boundaries in 1948, much to the displeasure of New Zealand's cartographic community. The name
Tokelau Islands was given in 1946, and contracted to Tokelau in 1976; it's a Polynesian word meaning 'north wind'. To
this day, Tokelau's administrator is still appointed by New Zealand's minister for foreign affairs, with an official secretary
based in Apia, Samoa. The country remains dependent on foreign aid, largely from NZ, but calls for independence have
increased, encouraged by both New Zealand and the United Nations.
Sources:  Yahoo Travel History of Tokelau;  Jane's Tokelau Islands Page
ECONOMIC OVERVIEW
Tokelau's small size (three villages), isolation, and lack of resources greatly restrain economic development and confine
agriculture to the subsistence level. The people rely heavily on aid from New Zealand - about $10 million annually in 2008
and 2009 - to maintain public services. New Zealand's support amounts to 80% of Tokelau's recurrent government
budget. An international trust fund, currently worth nearly US$32 million, was established in 2004 to provide Tokelau an
independent source of revenue. The principal sources of revenue come from sales of copra, postage stamps, souvenir
coins, and handicrafts. Money is also remitted to families from relatives in New Zealand.
Sources: CIA World Factbook (select Tokelau)
POLITICAL CLIMATE
On 11 November 2004, Tokelau and New Zealand took steps to formulate a treaty that would transform Tokelau from a
New Zealand territory to an entity that is in free association with New Zealand. Besides drafting a treaty, a UN sponsored
"act of self-determination" had to take place. The referendum, supervised by the UN, started on 11 February 2006 and
finished on 15 February 2006. Although a 60% majority voted in favour of the proposal, a two-thirds majority was
required for the referendum to succeed, so Tokelau remained a New Zealand territory. In June 2006, Kolouei O'Brien
announced that the Fono had agreed to hold another referendum. This second referendum took place between 20 and 24
October 2007 and again fell short of the two-thirds majority required for independence, by 16 votes, at 446 votes in
favour and 246 against.

In all the United Nations-sponsored efforts to give Tokelauans the self-government which they have more than once failed
to endorse, the assumption has seemed to be that the proponents of those who lost the vote have the right for the vote to
be repeated with a view to reversing the verdict but, that once self-government were achieved, this could never be
reversed. Supporters of this view can argue that it is consistent with their vision of ideological purity; the current New
Zealand government is associated with such a view. Skeptics can argue that one-sided attempts to repeat the vote are
inconsistent with both supposed respect for the expressed wishes of Tokelauans, with the heritage of balanced
constitutional government and with practical politics: some of these sentiments have been expressed by Tokelau's former
Head of Government, Patuki Isaako.

In April 2008, speaking as leader of the National Party, future New Zealand Prime Minister John Key stated that New
Zealand had "imposed two referenda on the people of the Tokelau Islands", and questioned "the accepted wisdom that
small states should undergo a de-colonisation process".
Source: Wikipedia: Politics of Tokelau
INTERNATIONAL
DISPUTES
Tokelau included American Samoa's Swains Island (Olohega) in its 2006 draft constitution
U.S. State Department
United Nations Human
Rights Council
Amnesty International
Human Rights Watch
Freedom House
REFUGEES AND
INTERNALLY
DISPLACED PERSONS
(IDP)
None reported.
ILLICIT DRUGS
None reported.
Tokelau Council For The
On-Going Government
U. S. STATE
DEPARTMENT
HUMAN RIGHTS STATEMENTS, ANALYSIS AND CRITIQUES
New Zealand (including Tokelau)
Bureau of Democracy, Human Rights, and Labor
2009 Country Reports on Human Rights Practices
March 11, 2010

New Zealand is a parliamentary democracy with a population of 4.33 million. Citizens choose their representatives in free and fair
multiparty elections, most recently held in November 2008. The National Party won 58 parliamentary seats and formed a minority
coalition government; John Key became the new prime minister. Civilian authorities generally maintained effective control of the
security forces.

The government generally respected the human rights of its citizens, and the law and judiciary provide effective means of
addressing individual instances of abuse; however, indigenous people disproportionately experienced societal problems.

a. The Right of Association
The law provides workers the right to form and join organizations of their choice without previous authorization or excessive
requirements, and the law was applied. Nearly all unionized workers were members of unions affiliated with the Council of Trade
Unions, a federation that included unions representing various trades and locations. A few small, non-affiliated labor unions also
existed. According to DoL statistics published in March, unions represented 17 percent of all wage earners. The law allows unions
to conduct their activities without government interference, including the right to strike, and this right was exercised in practice.

Labor organization in the territory of Tokelau (population 1,466) was limited and based on communal decision making and activity.
In Niue, a self-governing country in free association with New Zealand (population 1,625), the dominant public sector (422
positions) had an active public-service association. In the Cook Islands, also a self-governing country in free association with New
Zealand (official population 21,000; resident population 13,000), most workers in the public sector, the major employer, belonged
to the Cook Islands Workers' Association, an independent local union. Industrial relations in the Cook Islands are governed by a
simplified version of New Zealand's national legislation.
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UNITED NATIONS
HUMAN RIGHTS
COUNCIL
14 June 2010
Committee on the Rights of the Child
Consideration of reports submitted by States parties under article 44 of the Convention
Third and fourth periodic reports of States parties due in 2008
New Zealand*

4.        Tokelau
47.        Tokelau held referenda on its political future in February 2006 and October 2007 and both times opted to retain its status
as a non-self-governing territory administered by New Zealand. Consequently, New Zealand remains responsible at international law
for the fulfilment of the obligations contained in treaties that it has applied to Tokelau.
48.        The issue of the extension of the Convention to Tokelau has continued to be discussed in Tokelau and between New
Zealand and Tokelau during the reporting period. However, Tokelau’s primary focus has continued to be on the larger issues of its
constitutional development. New Zealand continues to work with, and support, Tokelau to ensure that the provisions and
protections afforded to children on the islands match as closely as possible those guaranteed to New Zealand children under the
Convention. Tokelau has also adopted its own set of Human Rights Rules (2003), which provide that the individual human rights
for the Tokelau people are those stated in the Universal Declaration of Human Rights, and are reflected in the International Covenant
on Civil and Political Rights.
49.        A core principle underpinning New Zealand’s support for Tokelau is that the basic services available on the islands, such
as healthcare and education, should be at least equivalent to those available in remote rural areas of New Zealand.
50.        Since the referenda, Tokelau, with the full support of New Zealand, has been engaging in a period of reflection on how it
can ensure its people’s needs are met on each atoll through the strengthening of infrastructure and services. New Zealand and
Tokelau continue to work together to strengthen and improve public services in Tokelau, including in the education sector for
instance where teachers are being provided with training and information in relation to recent curriculum reform. Major work on
upgrading essential infrastructure is well under way, and Tokelau continues to make progress in ensuring that each atoll is able to
operate as a vibrant, forward-looking community.
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FREEDOM HOUSE
No Reports from Freedom House mentioning Tokelau after exhaustive search of their database. Please forward any
information you may have regarding Freedom House efforts on behalf of Tokelau to the Pax Gaea World Report editor at
the link below
Contact the editor »
AMNESTY
INTERNATIONAL
No Reports from Amnesty International mentioning Tokelau after exhaustive search of their database. Please forward
any information you may have regarding Amnesty International efforts on behalf of Tokelau to the Pax Gaea World
Report editor at the link below
Contact the editor »
HUMAN RIGHTS WATCH
1997 LAND MINE BAN TREATY REPORT
III. COMMONWEALTH COUNTRIES SUPPORTING THE BAN TREATY

New Zealand(6) (Wellington)

New Zealand first publicly supported an immediate mine ban in December 1995. It renounced the operational use and export of
antipersonnel landmines on April 22, 1996. The government states that it has no stocks of antipersonnel landmines. New Zealand
was a co-sponsor of UNGA Resolution 51/45S and endorsed the Brussels Declaration. It participated in the Oslo negotiations and is
expected to sign the treaty in December.

6. Includes the territories of Tokelau and the Ross Dependency (Antarctic). Self-governing countries in association with New
Zealand are the Cook Islands and Niue.
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OFFICIAL
GOVERNMENT HUMAN
RIGHTS STATEMENT
Launch of Gagana Tokelau: The Tokelau Language Guidelines
Monday, June 15th, 2009

One hundred and eighty guests from the Tokelau community and education sector joined the Minister of Education, Hon Anne
Tolley, to celebrate the launch of Gagana Tokelau: The Tokelau Language Guidelines on Thursday 28 May 2009 at The Brierley
Theatre, Wellington College.

The Minister acknowledged that celebrating the diversity of cultures and languages in New Zealand was important, and that this in
turn can contribute to raising educational achievement for all students. This is a particularly important goal for Pasifika students.

Work on the guidelines began with the strong desire of the Tokelau community in the late 1990s to have their language taught in
New Zealand early childhood services and schools. The work began in earnest in December 2004 when a team of three Tokelau
writers were brought together to begin realising the community’s dream that Gagana Tokelau would be recognised within the New
Zealand education system from early childhood through to primary and secondary schools. For more information contact
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NEW ZEALAND HUMAN
RIGHTS COMMISSION
SPECIAL COMMITTEE ON THE SITUATION WITH REGARD TO THE IMPLEMENTATION OF THE DECLARATION ON
THE GRANTING OF INDEPENDENCE TO COLONIAL COUNTRIES AND PEOPLES
QUESTION OF TOKELAU   
STATEMENT BY FAIPULE KURESA NASAU
ULU O TOKELAU  
(TITULAR HEAD OF TOKELAU)
FRIDAY 25 JUNE 2010

Mr. Chairman, it was only a month ago that I presented Tokelau’s Statement at the Pacific Seminar that was held in Noumea, New
Caledonia. Thank you for the open, candid and colorful discussions you injected into the Seminar. I hope that you will also
encourage the same here in New York. The questions and observations raised in regard to the ‘Question of Tokelau’ by you, and
other members such as Ambassador Robert Aisi of Papua New Guinea and the representative from Cuba were encouraging and
heart-warming. The members of the Committee will recall that in my Statement in Noumea, I pointed out the importance of a
closer cooperation between the administering authorities and territories for a strong and sustainable decolonization process. I also
highlighted Tokelau’s ‘nation building’ progress by making reference to our Constitution, Flag, National Anthem and the Tokelau
National Strategic Plan as Tokelau’s development path for 2010-2015. Under the Plan, Tokelau’s vision is to build a “Healthy and
Active Communities with Opportunities for All”. The big question that many in this Committee will be asking in regard to the
‘Question of Tokelau’ is where to from here?

Mr. Chairman in my response, do allow me to make reference to a report of this august body to the Sixty Fourth Session of the
General Assembly. The Report is referenced A/RES/64/103 as part of Agenda item 39 of the General Assembly’s mentioned
Session. In carefully drawing from the Report the General Assembly noted that Tokelau and New Zealand remain firmly committed
to the ongoing development of Tokelau for the long-term benefit of the people of Tokelau, with particular emphasis on the further
development of facilities on each atoll that meet their current requirements. Mr. Chairman and members of the Committee,
importantly the General Assembly noted the ongoing recognition by New Zealand of the complete right of the people of Tokelau to
undertake the act of self-determination when this is considered by the people of Tokelau to be appropriate. I highlight these
references because that is what is happening between Tokelau and New Zealand.

As the Ulu o Tokelau I feel in my heart that this is the appropriate time for Tokelau to be self determined. Even though, Tokelau
already has a substantial degree of autonomy in the management of its affairs and for this we here publicly acknowledge our
gratitude to the administering power the Government of New Zealand. However, having substantial autonomy is however not the
same thing as “being ourselves” and being fully answerable to ourselves for our government. The aspirations of self- determination
remains and relives in our minds and hearts everyday as we attempt to engage our distinct voice in global and contemporary issues.
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TOKELAU COUNCIL
FOR THE ON-GOING
GOVERNMENT
SPECIAL COMMITTEE ON THE SITUATION WITH REGARD TO THE IMPLEMENTATION OF THE DECLARATION ON
THE GRANTING OF INDEPENDENCE TO COLONIAL COUNTRIES AND PEOPLES
QUESTION OF TOKELAU
STATEMENT BY THE ADMINISTRATOR OF TOKELAU
DAVID PAYTON
23 JUNE 2008

Mr Chairman and members of the Committee

You have already been informed of the outcome of last October's referendum. By a margin of more than 64 percent to slightly
more then 35 percent Tokelau's voters supported the proposed change of status. However the threshold of the required two-thirds
majority was missed by less than two percent. And so there would be no change of status for Tokelau as a consequence of that
second act of self determination.

Those who were in Atafu on the evening of 24 October will remember well the mix of emotions as the result, and especially its
closeness, was understood. Those who had worked so hard and who were certain that Tokelau's people would overwhelmingly
endorse change found the outcome difficult to accept.

The following morning the General Fono, Tokelau's representative Assembly, convened in Atafu to formally receive the results of
the referendum. Disappointment was still evident but so too was the thoughtfulness and commitment of Tokelau's leaders The
threshold set by the General Fono would be fully respected and there would be no change in Tokelau's status at that time.

Addressing the General Fono that morning, I recorded New Zealand's acceptance of the decision of the people of Tokelau. I also
reaffirmed New Zealand's continuing commitment to Tokelau, its people and its development. The previous evening the New
Zealand Prime Minister had spoken by telephone with the Ulu of Tokelau and had invited Tokelau's leaders to meet with her in
Wellington after the January 2008 elections for Tokelau's leaders. Prime Minister Clark made clear that she looked forward to the
visit as an opportunity to reaffirm the ties that bind Tokelau and New Zealand together.

In January this year Tokelau held its atoll elections. A new General Fono was elected along with some changes in the Council for
the Ongoing Government of Tokelau. The following month all six members of the Council visited New Zealand and met with the
Prime Minister and other senior members of government. In these meetings they conveyed their decision, based on the deliberations
of the General Fono, that there would be a period of reflection before consideration would be given to a possible further act of
self-determination and that, during this period, priority attention would be devoted to improving basic services and infrastructure on
the atolls.

New Zealand has accepted this decision of Tokelau's leaders and General Fono for a shift of priorities. There certainly is ample
scope for strengthening the delivery of quality services on each of Tokelau's small and isolated atolls.

I am pleased to report to the Committee that on the basis of planning already well underway before the referendum, a major
infrastructure renewal programme is well underway. As a first stage Atafu and Fakaofo are receiving new school buildings and
Nukunonu is having its hospital substantially improved. Major progress has also been achieved in the improvement of Tokelau's
shipping service. And increased effort is being directed at strengthening the ability of its public service to support more
comprehensively the needs of each atoll's population. There is much to do but much is already being done.

Last October in what has been acknowledged as an exceptionally well prepared referendum, more than 35 percent of Tokelau's
voters felt unable at that time to support a change of status. The willingness of Tokelau's leaders to reflect on the concerns of this
sizeable minority, rather than push immediately for a third ballot in the hope of gaining the two percent that would pass the
threshold, is a mark of their clear determination to be leaders of all of Tokelau. They are to be commended for this attitude. New
Zealand supports them in their ongoing efforts to lead all the people of Tokelau.
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Represented by
Anand Satyanand
Governor General of New Zealand
since 23 August 2006
Click map for larger view
Click flag for Country Report
Aliki Faipule Kuresa Nasau
Head of the Council of Faipule
since 23 February 2010
Represented by
David Payton
Administrator to Tokelau
since 17 October 2006
TRAFFICKING IN
PERSONS
None reported.