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Kälin and Kochenov's Kälin and Kochenov’s An Objective Ranking of the Nationalities of the World Kälin and Kochenov’s Quality of Nationality Index (QNI) is designed to rank the objective value of world nationalities, as legal statuses of attachment to states, approached from the perspec- tive of empowering mobile individuals interested in taking control of their lives. The QNI looks beyond simple visa-free tourist or business travel and takes a number of other crucial factors into account: those that make one nationality a better legal status through which to develop your talents and business than another. This edition provides the state of the quality of nationalities in the world as of the fall of 2018. Edited by Dimitry Kochenov and Justin Lindeboom 41 Twenty-Four Shades of Sovereignty and Nationalities in the Pacific Region • 171 41 Twenty-Four Shades of Sovereignty and Nationalities in the Pacifi c Region By Gerard Prinsen Introduction Determining which countries and territories are part of the Pacifi c region can be a matter of debate, because it is arguably the world’s largest region in terms of surface area — occupying about half the globe and encompassing 11 time zones — with rather fl uid, or surprising, boundar- ies. European countries such as France and the UK, at fi rst glance, do not seem to be part of the region, yet the UK is present in the Pacifi c in the form of the Pitcairn Islands, a British Overseas Territory whose Exclusive Economic Zone (EEZ) of 836,000 square kilometers is larger than that of the UK proper. Similarly, three territories in the Pacifi c are French and their EEZ of nearly seven million square kilometers represents just over half of France’s EEZ. The US, on the other hand, would appear to be a Pacifi c country. Its 50th state, Hawaii, is positioned in the middle of the Pacifi c Ocean; one inhabited Pacifi c island territory, American Samoa, is legally classifi ed as an ‘unincorporated territory’ of the US and another, Guam, as an ‘unincorporated organized territory’; and the people of Northern Mariana Islands live in a ‘Commonwealth of the United States’. In addition, three Pacifi c island countries with ‘fl ag independence’ and seats in the UN 172 • Quality of Nationality Index General Assembly (Bonilla 2015, xiii), the Federated States of Micronesia, the Marshall Islands, and Palau, hold unique Compacts of Free Association with the US. These compacts, among other matters, give the US Navy not only unfettered access to the three countries’ territory but also the authority to “deny such access by military forces and personnel of other nations” (US Department of State 2012). Moreover, the US holds legal sway over seven uninhabited Pacifi c island territories known as ‘unincorporated unorganized territories’ and controls another uninhabited island as an ‘incorporated unorganized territory’. And yet the US does not seem to see itself as a Pacifi c country; it is not a member of several multi-lateral Pacifi c bodies, and the US Congress seems to need foreign affairs policies such as the ‘Pacifi c Pivot’ to remind itself of its Pacifi c presence (Manyin, Daggett, Dolven, Lawrence, Martin, O’Rourke, and Vaughn 2012). Nonetheless, if we concentrate on countries and territories that are entirely located within the Pacifi c Ocean and have their political and cultural focus predominantly on the Pacifi c, then the most appropriate list would be the 24 members of the Pacifi c Islands Forum, the region’s pre-eminent intergovernmental body. The US is not a member. The 24 members have a combined population of about 42 million, of which 24 million live in Australia. This leaves most of the remaining 23 members as small or microstates by standards of population. In fact, a majority have populations of fewer than 300,000, some counting no more than a few thousand citizens (Table 1). However, it is worth noting that there are two distinct perspectives on the Pacifi c. One looks from the outside in and sees small islands in a huge ocean. The other, in contrast, looks from the inside out and sees a sea of many islands connected through migration and kinship (Hau’ofa 1993). One feature of Pacifi c nationalities is that they form an array of what Overton, Murray, Prinsen, Avataeao, Ulu, and Wrighton described as “models of semi-autonomy and other sovereignty arrangements … unique to the world” (Overton et al. 2018, 20). These diverse sovereignty arrange- ments affect the quality of nationalities. The rather elaborate example in the opening paragraph, of Pacifi c islands associated with the US, is not a facetious exercise; it is actually a succinct illustration of the many forms sovereignty takes in the Pacifi c. To begin this contribution, we discuss these various shades of sovereignty and the continuous negotiations over the rights and benefi ts of the nationalities of several island countries and territories. Next, we look at the consequences of these variations for ranking the nationalities of Pacifi c countries and territories in the Quality of Nationality Index. Diving yet deeper into Pacifi c realities, the third section refl ects on two factors that particularly affect Settlement Freedom in the Pacifi c: the non-reciprocity of settlement agreements and the ownership of land. In closing, this contribution looks at potential regional developments that may affect the quality of some Pacifi c nationalities. 41 Twenty-Four Shades of Sovereignty and Nationalities in the Pacific Region • 173 The Shades of Sovereignty and Nationality in the Pacifi c When endeavoring to rank the quality of nationalities in the Pacifi c two challenges emerge. First, there is no clear line dividing Pacifi c islands into states — defi ned as ‘sovereign territorial entities’ earlier in this publication — and non-sovereign territories. Instead, the Pacifi c region’s islands are better understood when placed on a continuum, with sovereign states on one end of the scale and islands integrated into territorial structures of metropolitan centers thousands of miles away on the other. Examples of sovereign states are Fiji, Papua New Guinea, and Tonga. Examples of Pacifi c islands whose nationalities are taken from far-away metropoles are Hawaii (from the US), New Caledonia (from France), and Rapa Nui (from Chile). In between these extreme opposite ends lie islands that have diverse constitutional and legal arrangements that continue to tie them to their former colonial metropoles: France, New Zealand, and the US. These various and diverse ‘sub-national island jurisdictions’ are not only a defi n- ing feature of the Pacifi c but also have a universal relevance in the global phenomenon of offshoring (Baldacchino 2010). As a consequence, an assessment of the quality of the nationalities of half of the 24 members of the Pacifi c Islands Forum is either not possible or needs to be read with caveats. Nine members hold passports of France, New Zealand, or the US, and the quality of the nationalities of these nine members has not been assessed or ranked specifi cally. Three other members — that is, the ones holding Compacts of Free Association with the US — have been ranked, but their rankings need to be read bearing in mind that their relatively small sizes also mean that the capabilities of their state apparatuses are limited (including with regard to data collection and dissemination), and their rankings are partially based on estimates. In fact, the rankings of eight of the sover- eign members in this QNI (Fiji, Kiribati, Nauru, Samoa, the Solomon Islands, Tonga, Tuvalu, and Vanuatu) also need to be read with care for the same reason. These eight island nations were included in the QNI for the fi rst time in 2018; sometimes estimates had to be made here, too. A few examples illustrate the unique positions nationalities have on the continuum of sovereign- ties in the Pacifi c. American Samoa, as a fi rst example, is legally associated with the US as an ‘unincorporated territory’, and its people hold American passports. However, these passports are imprinted with the message “The bearer of this passport is a United States national and not a United States citizen.” These passport-holders have the right to reside in the US, but they cannot vote. They are entitled to enroll in the United States Army (in fact they have the highest per capita rate of military enlistment of any US territory), but they cannot own concealed weap- ons, are excluded from most government employment opportunities, and cannot sponsor the immigration of family members. The island state of Guam, as another example, is defi ned as an 174 • Quality of Nationality Index “unincorporated and organized territory of the United States”, and its US passport has no resi- dency or employment restrictions, although some civil rights are curtailed. The Niuean nationality is yet another example. Niue is a self-governing state in free association with New Zealand. People on Niue hold dual citizenship; they are entitled to a New Zealand passport and the associated citizenship entitlements provided they apply for the passport in New Zealand. If they acquire Niuean citizenship in Niue, that document does not automatically transfer into a New Zealand passport, however. Moreover, the arrangement is not mutual and a New Zealand passport does not entitle the holder to rights on Niue that Niuean citizens have. Practically, this not only means restrictions to residency and employment on Niue, but it also means that travelers to Niue must buy return fl ights unless they prove they are Niuean by birth or by descent. New Zealand Human The second challenge in ranking nationalities Development for the QNI applies particularly to the half of Weight of Economic the 24 Pacifi c Islands Forum members that Travel Freedom Strength retain constitutional and legal arrangements with the former colonial metropoles of France, the US, and New Zealand.
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