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(^Ш/ World Health Organization ^^^^ Organisation mondiale de la Santé

FORTY-SEVENTH WORLD HEALTH ASSEMBLY

Provisional agenda item 11 A47/INF.DOC./1 11 April 1994

Admission of new Members and Associate Members

The Director-General has the honour to bring to the attention of the Health Assembly a background paper submitted in support of the application by for membership of the World Health Organization (see document A47/35). A47/INF.DOC./1

ANNEX

APPENDIX I

CONSTITUTIONAL AND INTERNATIONAL STATUS OF NIUE (November 1993)

1. Niue is a self-governing state in free association with . It is a large uplifted coral atoll with an area of some 260 squares kilometres situated in the South Pacific 550 kilometres west of the Cook . Its administrative centre is Alofi. Niue's culture and language are related to, but distinct from, those found elsewhere in . It's population in 1993 stood at 2200 having fallen from nearly 5000 in 1971. Many Niueans migrated to New Zealand both before and after the attainment of self-government in 1974• 2 • The people of Niue freely chose the status of self- government in association with New Zealand in preference to that of full independence or of political integration with New Zealand. The General Assembly of the United Nations recognised Niue's act of self-determination in Resolution 3285 (XXXIX) on 13 December 1974• Earlier that year, the New Zealand Associate Minister of Foreign Affairs, the Hon Joe Walding, informed the General Assen±>ly that;

"On 19 October New Zealand and Niue will end their relationship of administering Power and Non-self-Governing Territory: we will enter a new period of partnership on a basis of equality. As a self-governing State, Niue will take its place as a full member of the South Pacific Forum along with other independent and self-governing States in the Pacificf including New Guinea)• (Official Record of the General Assembly, Twenty Ninth Session. Plenary Meetings,Vol l.p.76 (2239th Meeting, 23 September 1974) 3. The Constitution of Niue established an elected Assembly of twenty members f fourteen of which represent the villages and a further six are elected by the whole electorate• A Cabinet of four Ministers r comprising the Premier (elected by the Assembly) and three other Ministers appointed by the Premierf has executive responsibility• Annex A47/INF.DOC./1

4. Article 28 of the Niue Constitution gives the plenary power to make or repeal any law in relation to Niue, including laws having extra territorial operation• Article 36 of the Constitution expressly prohibits the making of law in respect of Niue by the on any matter whatsoever. New Zealand statutes may be extended to Niue only at the request and with the consent of the Niue Assembly expressed in formal resolution. This ensures that the Niue Assembly retains full control over all laws applicable to Niue.

5. The Constitution itself is able to be amended only by the Niue Assembly by a special procedure and subject to confirmation by the people in a referendum. Following a careful review of the operation of the Constitution in its first 18 years, the first amendment was effected in 1992 pursuant to that procedure, and was approved by a substantial majority of the people in a referendum held on 13 June 1992. Among the changes made in this amendment were the localisation of the public service commission and the establishment of a Court of Appeal to replace the previous reliance on New Zealand1s Court of Appeal•

6 • The Statute which brought the Constitution of Niue into force sets out the elements of the association between Niue and New Zealand. It provides that:

Section 5: "Nothing in this Act or in the Constitution shall affect the status of any person as a New Zealand citizen"•

Section 6: "Nothing in this Act or in the Constitution shall affect the responsibilities of Her Majesty the Queen in right of New Zealand for the external affairs and defence of Niue".

Section 7: "It shall be a continuing responsibility of the Government of New Zealand to provide necessary economic and administrative assistance to Niue" •

Section 8: "Effect shall be given to the provisions of sections б and 7 of this Act••• after consultation between the Prime Minister of New Zealand and the Premier of Niue in accordance with the policies of their respective Governments•

3 A47/INF.DOC./1 Annex

7. In relation to section 6 of the Act just quoted, it is important to stress that the responsibilities of New Zealand for the external affairs and defence of Niue do not confer on the New Zealand Government any rights of control • Full legislative and executive powers, whether in these fields or in others, are vested in the and Government of Niue. Where the New Zealand Government exercises its responsibilities in respect of external affairs and defence it does so in effect on the delegated authority of the Niue Government•

8 • Niue not only has full constitutional capacity to conduct its own external affairs and to enter treaties, but in fact does conduct directly its external relations and has entered into international agreements engaging its international responsibility, especially at the regional level • At the same time and in recognition of Niue • s limited resourcesf New Zealand looks to assist Niue in these areas• New Zealand has encouraged acceptance of Niue•s participation in its own right in relevant international meetings, organisations, and treaties. Moreover, since November 1988, as a result of a New Zealand Declaration lodged with the Secretary-General of the United Nations dated 10 November 1988, no New Zealand treaty action extends to Niue unless it is expressly so extended on Niue's behalf, and after Niue's consent has been obtained.

9. Since becoming a self-governing state in free association with New Zealand in 1974 Niue has steadily extended and developed its foreign relations notwithstanding its limited resources and having regard to the increased need for closer cooperation with other countries in the across a broad spectrum of activities. For example, Niue has since 1974 been a member of the South Pacific Forum, the paramount political body in the region, and is a member of of the South Pacific Commission. It takes an active role in the Forum1 s deliberations as well as in the two major regional organisations established by the Forum, the Forum Secretariat and the Forum Fisheries Agency • Niue has entered into treaties in its own right and also is the depository state for the Treaty on Cooperation and Fisheries Surveillance and law Enforcement in the South Pacific Region of July 1992 (the "Treaty of Niue"). In more recent times, Niue has exercised its international personality further afield and in 1993 was admitted as a full member of UNESCO.

10 • Niue • s statehood has developed along the same lines as that of the , the only other state enjoying this unique constitutional association with New Zealand. Annex A47/INF.DOC./1

APPENDIX II

MULTILATERAL TREATIES TO WHICH NIUE IS A PARTY IN ITS OWN RIGHT

(as at December 1993)

1945 Constitution of the United Nations Educational, Scientific and Cultural Organisation. Signatories/Parties； over 100 States. Signed by Niue as a full member on 26 October 1993.

1947 Agreement establishing the South Pacific Commission (Canberra Agreement). Signatories/Parties : *# Cook Islands*, Federated States of *# *, *, *, *f *, New Zealand*, Niue, Paupua New Guinea* r *f *r # United Kingdom*, United States*f *, Western *•

1977 South Pacific Forum Fisheries Agency Convention. Signatories/Parties； Australia*, Cook Islands*, Federated States of Micronesia*, Fiji*, , Kiribati*, Marshall Islands*, Nauru*f Niue, New Zealand*f *, Solomon Islands*, Tonga* r Tuvalu*, Vanuatu*, Western Samoa*.

1979 Agreement on the Establishment of the South Pacific Board for Education Assessment. Signatories/Parties : Cook Islands*, Fiji*, Kiribati*, Nauru*, Niue*, Solomon Islands*f Tonga*, Tuvaluf Vanuatu*, Western Samoa.

1980 South Pacific Regional and Economic Co-operation Agreement (SPARTECA). Signatories/Parties : Australia*f Cook Islands*f Federated States of Micronesia*f Fiji*, Kiribati*f Marshall Islands*, Nauru*, New Zealand*f Niue*, Papua New Guinea*, Solomon Islands*, Tonga*, Tuvalu*f Vanuatu*f Western Samoa*•

1985 South Pacific Nuclear Free Zone Treaty (Treaty of Rarotonga ) and related protocols (P) • Signatories /Parties : Australia*f People's Republic of China (P)Cook Islands*f Fiji*, Kiribati*, Nauru*f New Zealand*, Niue*, Papua New Guinea, Solomon Islands*, Tuvalu*, USSR (P)f Western Samoa* •

1987 Treaty on Fisheries between the Governments or Certain Pacific States and the Government of the United States. Signatories/Parties: Australia*, Cook Islands*, Federated States of Micronesia*f Fiji*, Kiribati*f Marshall Islands*f Nauru*f New Zealand*f Nine, , Papua New Guinea*f Solomon Islands*f Tonga* f Tuvalu* f Vanuatu*# Western Samoa*. A47/INF.DOC./1 Annex

1987 Agreement among Pacific Island States concerning the Implementation and Administration of the Treaty on Fisheries between the Governments of Certain Pacific Island States and the Government of the United States of America • Signatories/Parties: Australia*, Cook Islands*, Federated States of Micronesia*f Fiji*, Kiribati*, Marshall Islands*f Nauru*, New Zealand*, Niue, Papua New Guinea*r Solomon Islands*, Tonga*, Tuvalu*, Vanuatu*, Western Samoa*.

1989 Conventions for the Prohibition or fishing with Long Driftnets in the South Pacific ( Convention)• Signatories/Parties: Australia*, Cook Islands*, Federated States of Micronesia*f France*, Kiribati*, Marshall Islands*, Nauru*r New Zealand*# Niue, Palauf (New Zealand for) Токе1auf Tuvalu*, United States*, Vanuatu*.

1992 Agreement establishing the South Pacific Forum Secretariat. Signatories/Parties : Australia*, New Zealand*, Cook Islands*f Federated States of Micronesia*Fiji*, Kiribati*, Marshall Islands*f Nauru*f Niue, Papua New Guinea*, Solomon Islands*f Tonga* r Tuvalu* t Vanuatu*, Western Samoa*.

1992 Niue Treaty on Fisheries Surveillance and Law Enforcement in the South Pacific. Signatories/Parties: Australia*, New Zealand*# Cook Islands*# Federated States Micronesia*, Fiji*, Kiribati*, Marshall Islands*f Nauru*, Niue, Papua New Guinea*f Solomon Islands*f Tonga* f Tuvalu*f Vanuatu*f Western Samoa*.