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Home , Atafu, British protectorate, Colony of New Zealand, Cyclone Ofa, Cyclone Tusi, General Fono

The last colony?

TONY ANGELO (Taupulega) is, and long has been, the governing body. The chairman (Faipule) of the council and a village head ITUATED WELL NORTH OF and (Pulenuku) are elected by in the village SWestern and close to the equator, the small every three years. The three councils send representatives of Tokelau, with their combined population of about to form the which is the Tokelau national 1600 people, well be the last . authority; it originally met only once or twice a year and Whether, when and in what way that colonial status of advised the of Tokelau's Tokelau will end, is a mat- wishes. ter of considerable specula- The General Fono fre- lion. quently repeated advice, r - Kirlb•ll ·::- (Gifb•rr I•) The recently passed lbn•b'a ' ...... both to the New Zealand (Oc: ..n I} Tokelau Amendment Act . :_.. PMtnb 11 Government and to the UN 1996- it received the royal Committee on Decoloni­ • •• roltfl•u assent on 10 1996, and 0/tlh.g• sation, that Tokelau did not 1- •, Aotum•- Uu.t (Sw•ln•J · came into force on 1 1 f .. • Tllloplol ~~~~~ !•J.. ·-~~~oa wish to change its status ~ ~ 1996 - is but one piece in ' \, vis-a-vis New Zealand. the colourful mosaic of •l . However, in an unexpected Tokelau's constitutional de­ change of position (stimu- velopment. lated no doubt by external The that factors such as the UN pro­ Tokelau has known has posal to complete its been the British version, and decolonisation business by it has lasted so far for little the year 2000), the Ulu of over a century. This has TOKELAU Tokelau (the Faipule of been a varied history with Nukuno"u \j .._: ) stated to the the administrative capital of Fabofo UN Pacific Regional Semi­ Tokelau being at various nar in June 1993 that 'it is times in , , Ocean .., Tokelau's wish to shoulder , and Welling­ L_.._L_,__, ·- A,I . MI/ A. the new responsibilities'. ton. A particular feature of This was followed in July this colonial past is that, depending on the era, there has 1994 by the presentation of a written statement of the been a limited or non-existent imperial presence. Remote­ Tokelau position to the UN Visiting Mission to Tokelau. ness and lack of resources have undoubtedly been the The document was presented by the then Ulu of Tokelau reasons for this. (the Faipule of ) after consultation with each vil­ The New Zealand period of administration began in lage. The full of this document in English is Tokelau's 1926, and since then there has been no resident New Voice: New Wind, New Waters, New Sail - The Emerging Zealand official in the . The most visible, and argu­ of Tokelau. ably the most invasive of the colonial activities was the In 1993 the process of scaling down the Tokelau Public introduction in 1967 of a Tokelau Public Service. This was Service, and of taking it home to Tokelau began in ear­ visible because it introduced a national and externally nest. This was the beginning of Tokelau national govern­ organised work force into the villages, and also included ment in the contemporary and decolonising sense. Within non-Tokelauans in the form of builders, school teachers, a short period of time, there were two significant delega­ and on occasion non-Tokelauan medical staff. The Tokelau tions - those by the State Services Commissioner to Public Service had its main centre in A pia, Western Samoa, Tokelau Public Service Commissioners, and the other by and was until 1993 an increasingly dominant feature of the to the Tokelau national fo- Tokelau governmental life. rum, the General Fono, and (when the General Fono was On each of the three islands a Council of Elders not in session) to the Council of Faipule (an executive

8 NEW ZEALAND STUDIES 1997 committee in the nature of a cabinet). At the New Zealand tion, not in its own right. end, these developments had been foreshadowed by the The key features of the new law-making power are appointment in 1992 of a full-time Administrator for that its exercise is subordinate to the powers of the New Tokelau. Zealand and to those of the Governor-General By 1994 an enquiry as to the degree of internal self­ in Council. The powers may not be used to make laws government in Tokelau would have disclosed that there which apply or have effect outside Tokelau, they may not was a local judiciary and a be exercised to contradict local executive, and local any international obliga­ budgetary and policy re­ tion which affects sponsibility. There was, Tokelau, and all rules however, no local legislative made are subject to a power at the national level. power of disallowance by Laws for Tokelau could the Administrator within only be made in Welling­ 30 days. ton. The fourth visit of a The 1996 Act is of in­ mission from the UN terest not only because of Special Committee on the constitutional devel­ Decolonisation in 1994, the opment of the legislative UN target for the eradica­ power but also because tion of colonialism by the of the use of Tokelauan year 2000, and the specific language in the preamble. Tokelau needs for manag­ This preamble covers two ing its fiscal affairs, put a New Zealand Governor General sir Bernard Freyberg' s tour pages of text and sets the focus on this absence of a of the Tokelau Islands, Nukunonu, July 1948. An accompany­ historical background to legislative power. ing caption reads: 'His Excellency feeding sweets to kids'. the grant of the legisla­ The issue of a legislative Mr Christensen. National Archives. tive power and the pur- power was one which had poses for which the been discussed in Tokelau and with Tokelau over a number power was granted. The version pre­ of years. In its early forms the request had been for a cedes the version and reflects the initia­ limited legislative power to deal with specified domestic tive of the Select Committee. It was the Select Committee matters with the intention which proposed to Par­ that the power could be liament, in its reporting used on a trial basis in the back, that a preamble be first instance. The grant of added and that it include such power never eventu­ Tokelauan language text. ated but, as a consequence This is a first, both for the of undertakings to Tokelau and to the UN Special Com­ and for Tokelau. Addi­ mittee on Decolonisation, tionally the translation of the 1996 Tokelau Amend­ the preamble presented ment Act was passed and, something of a linguistic among other things, it gave challenge for Tokelau, be­ a domestic law-making cause of the necessity to power to the General Fono New Zealand Governor General's tour of the Tokelau Islands, deal with alien concepts of Tokelau. July 1948. Lady Freyberg being carried ashore at . and to settle spellings in This Act is a significant Mr Christensen. National Archives. the con text of a predomi- step along the way to inter­ nantly oral culture. nal self-government for Tokelau in constitutional terms. Will Tokelau meet the year 2000 deadline for It does not, however, represent full internal self-govern­ decolonisation? In 1994 Tokelau committed itself to the ment. The legislative power is limited and subordinate to process of development of internal self-government, but the powers of the New Zealand Parliament and those of has expressly not committed itself to any timetable for the Governor-General in Council. Further, the main pow­ achievement of full internal self-government or for the ers of the General Fono are executive powers, which are exercise of its right to self-determination. In order to ad­ exercised by it as a delegate of the Administrator; the vance the goals of internal self-government, Tokelau has executive powers of the General Fono are held by delega- since 1993 been very active. It has brought the Tokelau

NEW ZEALAND STUDIES NOVEMBER 1997 9 Public Service home from Apia in Western Samoa, it has their government. The workshops combined information, significantly restructured the Public Service, it has devel­ discussion groups and entertainment. They were in gen­ oped its first national strategic plan, and set up a special eral very lively and pleasurable affairs. Their novelty, committee on constitutional development. their informality, and the fact that they did not involve The UNDP, a long term provider of aid to Tokelau, has decision-making meant that people were free from the been particularly supportive of the development of self­ many inhibitions which would otherwise operate in government in Tokelau and Tokelau gatherings. There the moves towards were several interesting decolonisation. Of impor­ features of this informal­ tance to the recent develop­ ity: The elders spoke of ments was UNDP support their relationship to the for a series of constitutional villages and to the villag­ and government work­ ers; General Fono del­ shops in Tokelau in 1995. egates were asked ques­ These workshops were sig­ tions about, and answered nificant. They extended questions on their role in across the whole of Tokelau the General Fono and on and over a period of ap­ the extent to which they proximately five weeks. reported their activities in They were Tokelau organ­ the General Fono back to ised, and Tokelau control­ the villages; youth asked led, with one non- elders about the right of On boat day in 1956, each producer's was weighed and Tokelauan participant who youth to participate in the payment made by W G Potter, Paymaster of the Samoan provided information and government of Tokelau; Treasury, Apia. The Tokelau Administration Officer, H L general support for the dis­ women raised questions Webber, is seated on the left. Alexander Turnbull Library. cussion of the constitutional about gender stereotyping issues. There was a three and gender discrimination day constitutional workshop on each involving, by in village affairs; and senior secondary school children, as invitation, the whole of the village. In the event, all work­ the future of Tokelau, participated on an equal basis. shops involved the elders, the women's group, the aumaga, Following these meetings on each island there was, at the youth, and the the end of the period, an churches. Attendance inaugural two day meet­ ranged on average between ing of the Special Commit­ 60 and 90 persons. tee on Constitutional De­ The three day pro­ velopment. This is a group gramme was divided into of over 30 persons, made three clear parts. Day one up of three island sub­ related to the past and the committees representative historical development of of those islands. The task government in Tokelau. of the Committee is to look Day two was concerned to the development of a with identifying the fea­ written constitution for tures and purposes of the Tokelau and to report back present governmental The meeting house in Nukunonu photographed before 1966 to the General Fono in late structures, and day three when it was destroyed by a hurricane. Elders or family heads 1996 or early 1997; it had a dealt with possible futures are seated against the posts, while younger men sit around the special meeting in Western for Tokelau. The focus on perimeter. Samoa in November 1995, internal self-government and another substantial was established in the sessions of day two, and the dis­ meeting in Tokelau in April 1996. Each island sub-com­ cussions of day three culminated with a consideration of mittee has produced a substantial report and some early the self-determination options that Tokelau might con­ indications of the potential constitutional development sider when it had developed full internal self-govern- were set out in an interim report to the General Fono ment. which was tabled in June 1996. For many in Tokelau this series of workshops was the Where may all this be leading? Will Tokelau be an­ first time they had been involved in public discussion of other Western Samoa, a or a ? It is

10 NEW ZEALAND STUDIES NOVEMBER 1997 unlikely that Tokelau will follow the models provided by In terms of the "sacred trust" referred to in the Charter these three states. Tokelau has in fact rejected the precise of the United , New Zealand is doing what it models provided by the Cook Islands and Niue. As a believes is expected of it, and Tokelau in its turn is doing matter of process, the current development is more in what it believes is expected of it. For Tokelau, this is all keeping with that followed by Western Samoa, but at the new. Nevertheless, it wants to find its own way and as a substantive level the product is unlikely to be like any of consequence is moving at its own speed. As at 1996, the these three. The emphasis and discussion to date has been development of national government in Tokelau was a on the pre-eminence of Tokelau culture and on village fragile thing. The process raises the substantial question government as the basis for all necessary national govern­ of how to be Tokelau (a unity) in a strange new , ment. The goal will be to keep national government to the where Tokelauans themselves have to deal with the day strict minimum and for national government action to be to day matters of national government. Self-determina­ dependent on the support of the three villages of Tokelau. tion puts a focus also on New Zealand activities, both in Little indication has been given on the self-determina­ terms of the UN involvement and in terms of the New tion issues, but it does seem clear that Tokelau will expect Zealand constituency provided by the 4500 Tokelauans current levels of New Zealand aid to continue in any post who live in metropolitan New Zealand. self-determination period, it will expect external help in In the development towards self-determination in respect of international relations, it would wish to main­ Tokelau, there is the possibility of conflict of interest for tain New Zealand citizenship rights, and would expect to New Zealand. This is a potential dilemma and a challenge have totally independent internal government. The roles for both New Zealand and the . For Tokelau of Head of Government and are likely to be the challenge is to enter the 21st century in control of its combined in one person, with perhaps symbolic references own affairs. For New Zealand and the United Nations the to New Zealand and the Commonwealth. The government challenge is to maintain into the 21st century the commit­ is likely to have a combined and executive. ment and foresight shown in the idealism of 1945.

A Tokelau chronology

Entries in italics are relevant events which took place ou tside of Tokelau . Chronology of colonial accretion

1765 Commodore on HMS Dolphin sights Atafu, 1877 UK es tablishes Western Pacific High Commission headquarters naming it Duke of York's Island. Ata fu uninhabited at in . that time. 1877 British for the Western Pacific given 1791 Captain Edward Edwards of HMS Pandora sights Atafu juriscliction over British citizens in Tokelau. during search for the Bounty mutineers, and sights 1879 The Municipality of Apia established by the British High inhabitants on beach at Nukunonu, naming it Duke of Commissioner for the Western Pacific. Clarence's Island. 1887 /lis and Futuna become French . 1820s Whalers operate in vicinity ofToke/au. 1889 HMS Egeria visits atolls and declares Tokelau (A tafu, 1835 First known European sighting of Fakaofo, when Captain Fakaofo, Nukunonu, the Union Group) a British Protec­ Smith of the General Jackson names it De Wolf's Island. torate. The is raised. Population 600. 1841 US Exploring Expedition spends several days among the 1892 British declared over Ellice and : atolls. Ethnologist Horatio Hale documents observations: 1899 Samoa divided between and the US. estimates Fakaofo (named Bowditch Island) population at 500- 600 and Atafu population at 120; islanders from 1900 Niue declared a . Fakaofo on Olohega (). 1901 Niue annexed to New Zealand as part of the Cook Islands 1845-1863 French Catholic and LMS to Tokelau: 1909 Tokelau made subject to the laws of the Gilbert and Ellice Atafu becomes Protestant; Nukunonu becomes Catholic; Islands Protectorate. Fakaofo mixed Catholic and Protestant. 1914 Outbreak of WWI. A force of annex Western 1863 Peruvian slave raiders take 140 people from Tokelau Samoa. New Zealand continues until (virtually all the men removed). outbreak 1920. further decimates population to approximately 200. By 1916 Tokelau becomes part of Gilbert and Ellice Islands mid-1863 the Tui Tokelau statue (representing the Colony. traditional regime) has been destroyed. 1916 Gilbert and Ellice Islands Protectorate renamed Colony. 1870s International rivalry between Britain , US and Germa ny over 1925 Olohega (Swains Island) annexed by the US and placed Samoa. under the administration of . 1874 Fiji ceded to .

NEW ZEALAND STUDIES NOVEMBER 1997 11 Chronology of self determination

1920 turns administration of Western 1987 Military coup. Fiji proclaimed a Republic. Samoa over to New Zealand and declares Western Samoa 1988 Political unrest in . a Mandated . Matignon Accord, which provides for division of New 1926 Administration of Tokelau delegated to New Zealand Caledonia into three semi-autonomous provinces. and sub-delegated to the Administrator of Western 1989 Tokelau supports efforts by the South Pacific Forum to Samoa. Population 1000. impose a regional ban on drift-net fishing. 1941 Atafu used as an American corrununication base during Tokelau identity card introduced for travel to Western WWII. Samoa. 1945 At end of WWII Samoa becomes a UN Trust Territory causes unprecedented damage to Tokelau. administered by New Zealand. 1992 New Zealand and Tokelau establish constitutional 1946 use Bikini Atoll for atomic bomb tests programme to provide Tokelau with formal powers to 1947 New Zealand acquires unlimited legislative competence from enable it to establish and operate its own national UK, NZ Constitutional (Amendment! Act 1947. government. 1948 The Tokelau Islands Act enacted (effective from 1949). It 1993 "From to the Dark Ocean" Spokesperson from provides for Tokeiau to be part of New Zealand. Tokelau addresses the UN Special Committee on the 1960 UN Declaration on the Granting of Independence to Colonial Situation with regard to the Implementation of the Countries and Peoples. Declaration on the Granting of Independence to Colonial Countries and Peoples (at ) stressing 1962 Western Samoa gains independence. Tokelau's reliance on 'extra-budgetary sources'. The New 1964 First General Fono. Annual event by 1970s. Zealand Administrator of Tokelau says the confidence for 1966 Resettlement Scheme proposed for the people of Tokelau self-government remains to be built. to migrate to New Zealand. Tokelau Public Service (TPS) restructured, and relocated 1965 Cook Islands self-determined. to Atolls. A smaller Tokelau-Apia Liaison Office to 1967 Tokelau Act amended: replace the Office for Tokelau Affairs. Two TPS Commis­ 1. to establish a Tokelau Public Service under the control sioners appointed for five year terms, one New Zealand of the State Services Corrun.ission; and and one Tokelau-based. The position of Official Secretary 2. to provide for the control and administration of the disestablished and the Office of the Council of Faipule freehold and customary land in the islands. Tokelau created. Public Service has its headquarters in Apia. 1994 Faipule are Ministers at a National level (First National 1970 Fiji becomes independent Government). Three important documents released: 1973 - 1980 More than 100 young people sent to school in New 1. The Letter of Understanding (relationship of Adminis­ Zealand by the Scholarship Scheme. trator to General Fono and Council of Faipule). 1974 Administration of Tokelau transferred from the New 2. The National Strategic Plan. Zealand Maori & Island Affairs Department to Ministry 3. The Voice of Tokelau (presented to the Fourth Visiting of Foreign Affairs, under authority of New Zealand mission from the UN Special Committee on Secretary of Foreign Affairs. General Fono role modified Decolonisation and sel(-determination) becomes part to determine policies for the administration of Tokelau. of Tokelau's agenda for the first time. 1974 Niue self-determined. Statement by Tokelau's Special Representative to the UN Sub-Committee on the Situation with regards to the 1976 First Visiting Mission from the UN Special Committee on Implementation of the Declaration on the Granting of Decolonisation. The Resettlement Scheme suspended, Independence to Colonial Countries and Peoples in New after assisting 528 people. Tokelau's exclusive economic York. The status of Olohega (Swains) raised in this zone defined. context. 1977 Office of Official Secretary established 1995 Tokelau's 'Year of the Constitution', constitutional 1978 becomes independent. workshops take place on each atoll. A Special Constitu­ 1979 becomes independent. tion~! Committee established of 30+ members. 1981 Second Visiting mission from the UN Special Committee 1995 Cook Islands involved in New Zealand Winebox Inquiry. on Decolonisation. 1996 Second National government elected. 1980 The Treaty of Tokehega signed and later ratified by the Administrator, Lindsay Watt, appointed by New Zealand US and New Zealand in 1983. for a further three-year term. Visit from Prime Minister of 1986 Third Visiting Mission from the UN Special Committee Tilvalu and the Memorandum of Understanding. on Decolonisation. Tokelau reports that they are comfort­ Tokelau Amendment Act 1996 gives Tokelau limited able with the existing political status. legislative power. 1986 South Pacific Nuclear Free Zone Treaty signed by 1997 Visit of official party from American Samoa to discuss , Cook Islands, Fiji, Kiribati, New Zealand (thus issues arising out of Tokohega Treaty [re Olohega/ including Tokelau), Niue, Tuvalu, West Samoa, Swains], in particular VI. . Possible memorandum of understanding following the 1987 First statement by Tokelau representative to the UN pattern of that with Tilvalu (). Committee on Decolonisation Cyclone. Inter-atoll telephones (7 March). devastates Tokelau. 1998 New Caledonia will hold a referendum on its political future. First Tokelauan Official Secretary. 2000 Self-determination? At Port Moresby a Treaty of Fisheries is signed between 2000 UN deadline for eradication of colonialism. the Governments of Certain Pacific Island States and the Government of the of America. (New Zealand signs on Tokelau's behalf).

12 NEW ZEALAND STUDIES NOVEMBER 1997