When the United Nations was established in 1945, 750 million people - almost a third of the world's population - lived in non-self-governing territories dependent on colonial powers.  Today, fewer than 2 million people live in such territories and more than 80 former colonies have gained independence. Chapter XI (Articles 73 and 74) in the Charter of the United Nations established the principles that have guided United Nations decolonization efforts, including respect for self-determination, since the Organization’s establishment. 

In 1961, the General Assembly created the Special Committee on Decolonization, the focal point for implementation of the 1960 Declaration on decolonization. The Committee monitors the political, economic and social situation in each of the remaining Non-Self-Governing Territories identified by the United Nations. During its annual sessions, the Committee hears petitioners from the Territories, who speak of the concerns and aspirations of their people. Taking into account all the available information; the Special Committee recommends and the General Assembly adopts resolutions aimed at protecting the interests of the peoples of Non-Self-Governing Territories.

Today, there are sixteen Non-Self-Governing Territories remaining. One of these is Tokelau which, from 1926, has been a Non-Self-Governing Territory administered by New Zealand. Over the past 31 years, there have been a series of discussions, consultations and ongoing experimentation with variousgovernance and public service systems, as the people of Tokelau grapple with the question of its future political status.  Tokelau consists of three atolls, islands of coral that encircle a lagoon partially or completely, located about 483 km north of Western Samoa. Atafu is the northernmost atoll, 92 km north of Nukunonu, which in turn lies 64 km north of Fakaofo.  Fakaofo has the largest population of 597, followed closely by Atafu with 543 and then Nukunonu with 437.

In November 2003, Tokelau’s parliament, the General Fono, took a formal decision by consensus and with support of all three Village Councils (representing each of the atolls), to endorse self-government in free association with New Zealand as the choice to be actively explored with the New Zealand Government. That decision was based on a recommendation of the Special Constitutional Committee of the General Fono, which in turn was based on extensive consultations held on each atoll earlier in that year. Agreement on the steps to be taken to give effect to this decision was reached at the General Fono held in January 2004. At its meeting in August 2005, the General Fono approved a draft treaty of free association between Tokelau and New Zealand as the basis for an act of self-determination. An overall majority of two thirds of the valid votes cast in a national poll would be required for a change in Tokelau’s status and the voting should take place sequentially in Apia and on the three atolls.

The question of self-government was first put to a referendum in Tokelau in February 2006. At that time, 60 per cent of the Tokelauan voters supported the option of self-government in free association with New Zealand.  However, this percentage was insufficient to meet the two-thirds majority and thus Tokelau’s status remained unchanged. The 2006 vote was conducted in the presence of a United Nations electoral monitoring mission, which deemed the election process credible and reflective of the will of the people of Tokelau.

The Tokelauan authorities took a decision to hold a second referendum in late 2007.  The referendum was conducted from 20-24 October, under the observation of the Electoral Assistance Division and the Decolonization Unit of the United Nations.  Polling was overseen by a Referendum Commission with representation from each of the three atolls. Technical assistance for the referendum was provided by the New Zealand Chief Electoral Office.

Referendum Preparations

During the August 2005 General Fono assembly, a set of rules for the first referendum in February 2006 was enacted. According to the Rules, the referendum was to be conducted by a referendum commission. As the second referendum was held only 20 months after the first, a great deal of information on the referendum process had already been distributed to all households as well as placed on the Tokelau Government website. These initial documents included a number of fact sheets covering the following topics: “Tokelau’s self-determination referendum”; “Have your say on the future of Tokelau”; “Tokelau’s self-determination”; and “What will self-determination mean for Tokelau”.

In order to increase the sense of ownership of the referendum process and garner buy-in of Tokelauan villagers, village referendum committees were established  with responsibilities for the design and implementation of civic education/public awareness campaigns at the village level. In January 2007, a training workshop was held in Apia for the members of the village referendum committees, as well as for the issuing officers of the referendum. The village referendum committees then returned to their respective communities to develop and implement atoll-specific civic education action plans. These plans were approved by village elders and then used to encourage full participation. The committees organized meetings, workshops and radio programmes and reported fortnightly to the referendum project manager in Apia.

In July 2007, a civic education assessment was conducted on each atoll to determine the level of understanding of the population on the issues related to the overall referendum process. This assessment identified priority target groups (the 18-30 age group and mothers) and issues that needed more focus (the draft constitution and the draft treaty). Civic education activities were then conducted on a weekly basis to address any deficiencies in the overall understanding of the process.

In September 2007, a three-day voter education campaign covering the mechanics and logistics of the referendum was conducted on each atoll, through power point presentations. It was during this period that colourful T-shirts with the words “Referendum 2007” printed on the back in Tokelauan, together with the booklet entitled “TOKELAU — self determination package”, were distributed to members of the Tokelauan community who came to the meetings. A series of consultations were also held by the Council of Ongoing Government with the villages to further reinforce the civic education campaign.

Following a meeting of the Referendum Commission in Atafu in June 2007, and a subsequent report to the General Fono, the Commission decided that the referendum planning would proceed on the same basis of voting as in 2006: four locations, on 20 October in Apia and on 22, 23 and 24 October on the atolls of Fakaofo, Nukunonu and Atafu, respectively. As in 2006, a two-thirds majority of valid votes cast would be required to change Tokelau’s status.

According to the agreed rules, Tokelauans who resided overseas were not entitled to vote unless certain criteria were met. Criteria were established to ensure the referendum be logistically viable and the decision be made by those directly affected. The estimated number of Tokelauans living overseas is 12,000, while the total population of Tokelau is around 1,500.

The United Nations team was present for voting on each of the four days of polling, on 20 October 2007 in Apia (for eligible Tokelauans based in Samoa), and on the 22^nd, 23^rd and 24^th of October on the atolls of Fakaofo, Nukunonu and Atafu, respectively. Voters were informed of polling station locations in leaflets distributed directly to registered voters, as well as through the Tokelau Government website. The leaflets described how to vote and provided an illustration of what the voter would expect to see on the ballot paper.  These were made available to voters at the entrance of each polling station. The polling stations were open from 9 a.m. to 4 p.m. at each location. At each of the four different polling locations, a ballot box for special votes (including postal votes) was taken around by issuing officers and United Nations staff to hospitals and homes of people who could not travel to the polling stations. This was done to ensure all voters who would otherwise have been unable to do so were given access to vote.

The counting of votes for all four polling locations and postal ballots was conducted immediately after the scheduled close of the poll on Atafu on 24 October 2007. It was generally considered to have been conducted in an open and transparent manner and in accordance with the procedures prescribed in the rules. In terms of numbers, 64.4 per cent of those registered voted in favour of self-government in free association with New Zealand. However, that percentage fell just short of the two-thirds majority required to effect a change in Tokelau’s status. A total of 697 voters turned out, with 446 voting in favour and 246 against (there were five invalid ballots). Overall voter turnout was 88 per cent. The United Nations monitoring team deemed the referendum process credible and reflective of the will of the people.

Tokelau will now remain on the United Nations list of Non-Self-Governing Territories. Given the extensive dialogue and consultations that took place on Tokelau’s future status over the years, there has been some degree of surprise expressed at the outcome of the referendum. The referendum result had been expected to come out overwhelmingly in favour of self-government. Tokelau, like all places, clearly has its own internal political dynamics. The challenge for Tokelau’s leadership now is to consider and address, in a spirit of lessons learned, the concerns of the 35 per cent of Tokelauans who voted “no” in the referendum, so as to unite the small Tokelauan population in its future course of action.