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Political status of the Cook Islands and Niue

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Associated states in relation to New Zealand
  1. New Zealand
  2. Niue
  3. The Cook Islands

The political status of the Cook Islands and Niue is formally defined as being states in free association within the Realm of New Zealand, which is made up of the Cook Islands, Niue, and New Zealand and its territories, Tokelau and the Ross Dependency. The Cook Islands and Niue do not have full constitutional independence from New Zealand but act as independent countries. Some countries have recognised them as sovereign entities and established diplomatic relations. However, New Zealand may carry out defence and foreign affairs on behalf of the two associated states when requested.

Sovereignty and self-government

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See also: Sovereignty and Self-governance
New Zealand's current four-year plan for the Cook Islands, drafted October 2021
New Zealand's current four-year plan for Niue, drafted December 2021

New Zealand is officially responsible for the defence and foreign affairs of the Cook Islands and Niue. The Act of the New Zealand Parliament which established self-governance mentions a role for New Zealand, but the Constitution of the Cook Islands does not.[1] However, these responsibilities confer New Zealand no rights of control and can only be exercised at the request of the Cook Islands and Niue. The Cook Islands and Niue have been recognised as sovereign states by some countries, and maintain diplomatic relations under their own name. The United States recognises the Cook Islands as a sovereign and independent state,[2] and has signed treaties with the Cook Islands government. Moreover, the Secretary General of the United Nations has determined that the admission of the Cook Islands and Niue into the World Health Assembly means that they have been accepted as states by the international community.[3][4][5][6]

Although the Cook Islands and Niue behave as sovereign states in international law, their constitutional statuses within the Realm of New Zealand (i.e., for matters of New Zealand domestic law) is different from that of a fully independent state, considering that all of Niue's and the Cook Islands' nationals are automatically New Zealand citizens, and both have New Zealand's Monarch as their own head of state. While both the Cook Islands and Niue have expressed a desire to become a UN member state, New Zealand has said that they would not support the application without a change in their constitutional relationship, in particular their right to New Zealand citizenship.[7][8] However, New Zealand has never formally opposed such application, nor has it argued that either country would not be within its sovereign right to do so.[9] The foreign minister of Cook Islands has stated that a referendum would be required to determine whether to join the UN.[10]

Some scholars have argued that a lack of separate Cook Islands citizenship places an effective limit on the ability of the Cook Islands to act as a sovereign entity, while others have argued that the participation of the Cook Islands in international organisations (such as the Pacific Islands Forum) shows that Cook Islands sovereignty is not limited by the free association arrangement.[11][12]

History

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Formerly dependencies of New Zealand, the Cook Islands became a state in free association with New Zealand on 4 August 1965; Niue became a state in free association on 19 October 1974, after a constitutional referendum. In 1992, the UN recognised both states' right to establish diplomatic relations with other countries.[13] Since then, both the Cook Islands and Niue have been allowed to attend UN-sponsored conferences open to "all States" as well as sign and ratify UN treaties open to "non-member states".

New Zealand has formally allowed the Cook Islands to independently conduct its own foreign affairs since 6 April 2001.[14] Niue was granted this power in 2007.[15]

The Repertory of Practice of United Nations Organs records that in 1988 "New Zealand stated that its future participation in international agreements would no longer extend to" Niue and the Cook Islands.[16] The Cook Islands and Niue were granted membership of UNESCO by 1993 and of the World Health Organization by 1994. Also by 1994, the UN Secretariat had "recognized the full treaty-making capacity ... of Niue".[16] As of 2022, the Cook Islands, Kosovo, and Niue are the only state parties that participate in UN specialised agencies, but which are not member states of the UN nor observer states with the United Nations General Assembly. Additionally, the Republic of China on Taiwan participated in the World Health Assembly as Chinese Taipei from 2009 to 2016.

In September 2022, the United States announced its recognition of the Cook Islands and Niue as sovereign states during President Biden's Summit with Pacific Islands Countries (PIC) Leaders in Washington, D.C.[17] In September 2023, recognition was declared and diplomatic relations were established.[18][19] The United States also announced it intends to open an embassy in the Cook Islands and an embassy in Niue in 2024.[20]

Positions taken by states

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Main articles: Foreign relations of the Cook Islands and Foreign relations of Niue

States with which the Cook Islands and Niue have diplomatic relations

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Relations of the Cook Islands and Niue
State  Cook Islands  Niue
 Malaysia 2 May 1992[21] 30 January 1996[21]
 New Zealand 1993[22] 2 August 1993[23]
 Australia 1994[24] 27 February 2014[25]
 Nauru 1994[24] 9 January 2004 or before[26]
 Papua New Guinea 1995[24] 9 December 2014[27]
 China[28] 25 July 1997[29] 12 December 2007[30][31]
 India May 1998[32][33] 30 August 2012[34]
 Fiji 14 July 1998[35] 7 November 2023[36]
 France 19 October 1999[37] 15 January 2012 or before[38][39][40]
 Cuba 2 September 2002[41] 5 September 2014[42]
 Italy 9 October 2003[43] 12 September 2015[44]
 Thailand 24 May 2005[45] 27 August 2013[46][47]
 Israel April 2008[48] 1 August 2023[49]
 Turkey 28 October 2008[50][51] 7 June 2014[51]
  Switzerland 7 March 2011[52] 9 August 2023[53]
 Japan 16 June 2011[54] 4 August 2015[55]
 Philippines 12 December 2011[56] 27 September 2022[57]
 Singapore 6 August 2012[58] 6 August 2012[58]
 South Korea 22 February 2013[59] 29 May 2023[60]
 Samoa 30 August 2013[61] June 2014 or before[62]
 Tuvalu August 2013[63] 11 July 2022[64]
 Marshall Islands 3 September 2013[65] 30 August 2024[66]
 Kosovo[67] 18 May 2015[68][69] 23 June 2015[70]
 Brazil 21 August 2015[71] 2 September 2016[72]
 Chile 3 August 2016[73] 6 July 2021[74]
 Peru September 2017[75] 13 July 2020[76]
 Indonesia 13 July 2019[77] 13 July 2019[78]
 Canada 20 May 2023[79] 12 September 2023[80]
 United States 25 September 2023[81] 25 September 2023[82]
 Norway 18 July 1991[83] No relations
 Portugal 12 August 1995[84]
 South Africa 9 February 1996[85]
 Iran 1996[22]
 United Kingdom 4 December 1997[86]
 Spain 29 January 1998[87]
 Holy See (Vatican City) 29 April 1999[88]
 Germany 11 September 2001[89]
 East Timor 2002[22]
 Jamaica 14 May 2003[90]
 Belgium 6 April 2005[91]
 Czechia 12 May 2008[92]
 Netherlands 16 August 2011[93]
 Solomon Islands 1 September 2013[94]
 Kiribati 3 September 2013[65]
 Palau 3 September 2013[65]
 Vanuatu 2013[22]
 Micronesia 24 September 2014[95]
 Tonga 18 November 2014[96]
 Malta 6 October 2017[97]
 Iceland 13 October 2017[98]
 Antigua and Barbuda 9 November 2017[99]
 United Arab Emirates 5 August 2018[100]
 Estonia 25 August 2018[101]
 Hungary 20 September 2018[102]
 Greece 20 October 2018[103]
 Kuwait 8 December 2021[104]
 Vietnam 26 April 2022[105]
 Ireland 21 November 2022[106]
 Saudi Arabia 11 April 2023[107]
 Ghana 8 November 2023[108]
 Mexico 21 November 2023[109]
 Panama 8 March 2024[110]
 Bangladesh 11 April 2024[111]
 Ecuador 21 May 2024[112]
 Seychelles 31 May 2024[113]

State that recognises the Cook Islands and Niue as sovereign states

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State Position Relations with

Cook Islands
Niue
 United States Cook Islands

In 1980, the Cook Islands–United States Maritime Boundary Treaty was signed. The United States recognised the ability of the Cook Islands to negotiate a treaty on its own only after consulting the New Zealand government regarding the exact status of the Cook Islands. In response to the United States' request the New Zealand government confirmed "the competence of the Cook Islands Government to undertake the obligations and exercise the rights under the draft [bilateral] treaty".[114] Consequently, the United States signed a bilateral treaty with the Cook Islands recognizing the latter's sovereignty over the islands subject to the said treaty and its treaty-making power.[114] The Cook Islands and the United States have maintained consular relations since 1995.[115] As of 2011, the State Department included the Cook Islands under the sovereignty of New Zealand in its list of "Dependencies and Areas of Special Sovereignty".[116] As of 2014, The World Factbook listed the Cook Islands as a "self-governing territory in free association with New Zealand".[117] As of 2023, both the State Department and The World Factbook consider the Cook Islands as an independent state.[118][119]

In September 2022, the United States announced its intention to recognise the Cook Islands as a sovereign state during President Biden's Summit with Pacific Islands Countries (PIC) Leaders in Washington, D.C.[120][17]

In September 2023, recognition was declared and diplomatic relations were established.[121][122] The United States also announced it intends to open an embassy in the Cook Islands in 2024.[20]

Niue

In 1997, the United States and Niue signed a maritime boundary treaty that mentioned how "Prior to signing the treaty, the political status of Niue was addressed".[123] As of 2011, the State Department included Niue under the sovereignty of New Zealand in its list of "Dependencies and Areas of Special Sovereignty".[116] As of 2014, The World Factbook listed Niue as a "self-governing territory in free association with New Zealand".[124] As of 2023, both the State Department and The World Factbook consider Niue as an independent state.[118][125]

In September 2022, the United States announced its intention to recognise Niue as a sovereign state during President Biden's Summit with Pacific Islands Countries (PIC) Leaders in Washington, D.C.[126][17]

In September 2023, recognition was declared and diplomatic relations were established.[127][128] The United States also announced it intends to open an embassy in Niue in 2024.[20]

Yes Yes

States that recognise the Cook Islands and Niue as self-governing territories

[edit]
State Position Relations with

Cook Islands
Niue
 France Though the French Ambassador to New Zealand is also accredited to the Cook Islands and Niue, France still describes them as having "no international sovereignty".[129][130] Yes Yes
 Israel On 1 July 1994, Israel and New Zealand signed an agreement establishing diplomatic relations. The document stated:[131]

In the cases of the association of New Zealand with the Cook Islands and Niue, the relevant constitution acts provide that, while these territories will be self-governing, 'Her Majesty the Queen in right of New Zealand' will retain responsibility for 'external affairs and defence'.

...

It should also be noted, however, that there exist a number of instances of non-independent entities being permitted to participate in international organizations, though this almost only occurs in cases of associate statehood.

Israel established diplomatic relations with the Cook Islands in April 2008 and with Niue on 3 August 2023.[48][132]

Yes Yes
 New Zealand Cook Islands

On 11 June 2001, Helen Clark and Terepai Maoate signed an agreement establishing diplomatic relations between the Cook Islands and New Zealand. The document stated:[133]

Any action taken by New Zealand in respect of its constitutional responsibilities for the foreign affairs of the Cook Islands will be taken on the delegated authority, and as an agent or facilitator at the specific request of, the Cook Islands. Section 5 of the Cook Islands Constitution Act 1964 thus records a responsibility to assist the Cook Islands and not a qualification of Cook Islands' statehood.

Clark later said that if the Cook Islands wanted to be its own sovereign state, it would first need its own citizenship.[134] New Zealand believes that if the Cook Islands were to become a sovereign state, an independence referendum and constitutional change would occur. The eligibility of New Zealand citizenship would have to change.[133]

Niue

New Zealand has stated that Niue's free association is "a status distinct from that of full independence".[135]

Yes Yes

The Cook Islands and Niue as microstates

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While their respective relationships with New Zealand, as well as their small size, make them rather unusual states, it has been argued that their status is far from unique. According to Zbigniew Dumienski, both the Cook Islands and Niue can be seen as microstates, which are defined as: "modern protected states, i.e. sovereign states that have been able to unilaterally depute certain attributes of sovereignty to larger powers in exchange for benign protection of their political and economic viability against their geographic or demographic constraints." Both the Cook Islands and Niue, as well as such states as Andorra, Liechtenstein, Monaco, Nauru, San Marino, and Vatican City, fit into this definition of microstates.[136]

References

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Citations

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  1. ^ "COOK ISLANDS CONSTITUTION" (PDF). 21 December 2004. Retrieved 3 October 2022.
  2. ^ "Statement by President Biden on the Recognition of the Cook Islands and the Establishment of Diplomatic Relations". 25 September 2023.
  3. ^ "United Nations - The World Today". UN.org. 1 September 2019. Retrieved 28 April 2023.
  4. ^ "UN: "Data for 197 countries: all 193 member states, two observer states (the Holy See and Palestine) and two non-member states (Cook Islands and Niue)"" (PDF). Un.org. Retrieved 30 July 2017.
  5. ^ Perrier, Marine Mulcey, translated by Lucie. "A World Tour of the States not recognized by the UN". Retrieved 5 September 2015.{{cite web}}: CS1 maint: multiple names: authors list (link)
  6. ^ "United Nations Treaty Collection". Treaties.un.org. Retrieved 30 July 2017.
  7. ^ "NZ PM rules out discussion on Cooks UN membership". Radio New Zealand. 19 June 2015. Retrieved 16 April 2016.
  8. ^ "Niue to seek UN membership". Radio New Zealand. 27 October 2016. Retrieved 8 July 2017.
  9. ^ Conan, Neal. "Pacific News Minute: Cook Islands Bid for UN Membership On Hold". Hpr2.org. Retrieved 30 July 2017.
  10. ^ Foon, Eleisha (5 April 2024). "Cook Islands needs referendum to decide UN membership - minister". Radio New Zealand. Retrieved 8 December 2024.
  11. ^ "Home Page - Pacific Islands Report". pidp.eastwestcenter.org. Retrieved 30 July 2017.
  12. ^ Smith, Stephen Eliot. "Uncharted Waters: Has the Cook Islands become Eligible for Membership in the United Nations" (PDF). New Zealand Journal of Public and International Law. 8: 169–215. Retrieved 30 July 2017.
  13. ^ "Repertory of Practice of United Nations Organs Supplement No. Volume VI Article 102" (PDF). United Nations. Archived from the original (PDF) on 19 October 2013. Retrieved 20 October 2014. The question of whether the Cook Islands and Niue were 'independent' entities, i.e. – States, with full treaty making capacity was also considered. The Cook Islands and Niue maintained the status of self-governing territories in free association with New Zealand. In view of this special relationship with New Zealand, which discharged the external affairs and defense of the Cook Islands and Niue, neither the Cook Islands nor Niue could invoke the 'all States' clause to participate in treaties deposited with the Secretary-General unless specifically invited to participate in a treaty.
  14. ^ "Cook Islands". France in New Zealand. 13 March 2014. Retrieved 30 October 2015. Since 2001, the Cook Islands have complete sovereignty in managing their Foreign affairs according to the common declaration of 6 April 2001.
  15. ^ "Niue". France in New Zealand. 13 March 2014. Retrieved 30 October 2015. Niue started its own foreign policies in 2007, when they established official diplomatic relationships with China. New Zealand allows this evolution of autonomy by the island.
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  41. ^ "COOK ISLANDS PRIME MINISTER CONGRATULATES THE PRESIDENT OF THE COUNCILS OF STATE AND MINISTERS, THE GOVERNMENT AND THE CUBAN PEOPLE ON THE ANNIVERSARY". Embassy of Cuba in New Zealand with concurrent accreditations to the Republic of Fiji, Cook Islands, Independent State of Samoa, Kingdom of Tonga, Tuvalu, Republic of Kiribati. 3 January 2013. Retrieved 21 October 2014. In his letter, the dignitary referred to the strengthening and deepening of the ties of friendship between the two countries since the establishment of diplomatic relations in 2002...
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  44. ^ "Niue Establish Diplomatic Relations with Italy" (PDF). Government of Niue. 21 September 2015. Archived from the original (PDF) on 29 September 2015. Retrieved 3 October 2015.
  45. ^ "หมู่เกาะคุก (Cook Islands)" (in Thai). Retrieved 21 May 2023.
  46. ^ "Press Releases : Establishment of Diplomatic Relations between Thailand and Niue". Ministry of Foreign Affairs of the Kingdom of Thailand. 27 August 2013. Retrieved 20 October 2014. The two Governments have agreed to develop and strengthen friendly relations and cooperation between the two countries and peoples in accordance with the principles of equality, mutual respect for sovereignty, independence, territorial integrity and non-interference in each other's internal affairs.
  47. ^ Yingluck Shinawatra (27 August 2013). "Announcement On the Establishment of Diplomatic Relations Between The Kingdom of Thailand and Niue" (PDF). Retrieved 21 October 2014. Being desirous of promoting and reinforcing friendly relations between the two countries and peoples in accordance with the principles of equality, mutual respect for sovereignty, independence, territorial integrity and non-interference in each other's internal affairs...
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  95. ^ Emanuel Mori; Henry Puna (24 September 2014). "JOINT COMMUNIQUĒ ON THE ESTABLISHMENT OF DIPLOMATIC RELATIONS BETWEEN THE FEDERATED STATES OF MICRONESIA AND THE COOK ISLANDS" (PDF). Government of the Federated States of Micronesia. Retrieved 21 October 2014. Reaffirming their commitment to the principles of: sovereign equality, respect for each other's territory...
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  97. ^ "Joint communique". Archived from the original (PDF) on 21 May 2023. Retrieved 21 May 2023.
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  100. ^ "UAE, Cook Islands sign deal to establish diplomatic relations". The Gulf Today. 5 August 2018. Archived from the original on 6 August 2018. Retrieved 5 August 2018.
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  104. ^ "Kuwait signs a joint statement with the Cook Islands to establish diplomatic relations". 8 December 2021. Retrieved 8 December 2021.
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  107. ^ "Saudi Arabia, Cook Islands sign protocol to establish diplomatic relations between them". 12 April 2023. Retrieved 12 April 2023.
  108. ^ "Marking a milestone in our relations with Pacific countries, today in Rarotonga the Prime Minister of the Cook Islands Hon. @MarkBrownPM and I signed an MOU to establish diplomatic relations between our two countries". 8 November 2023. Retrieved 8 November 2023.
  109. ^ Bravo, Alfredo Pérez (21 November 2023). "México fortalece su presencia en el Pacífico Sur. Con la Alta Comisionada HE Kairangi Samuela, tuve el honor de realizar el canje de notas con el cual se reconoció la existencia de relaciones diplomáticas entre México e Islas Cook" (in Spanish).
  110. ^ "THE COOK ISLANDS FORMALISE DIPLOMATIC RELATIONS WITH PANAMA". 8 March 2024. Retrieved 9 March 2024.
  111. ^ "Cook Islands and Bangladesh Establish Diplomatic Relations". Ministry of Foreign Affairs and Immigration Government of the Cook Islands. 11 April 2024. Retrieved 12 April 2024.
  112. ^ "Ecuador firma un acuerdo con Islas Cook, que beneficia a la flota pesquera" (in Spanish). 23 May 2024.
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  123. ^ "Limits in the Seas No. 119 Maritime Boundary: United States-Niue" (PDF). United States Department of State. 30 July 1997. Retrieved 21 October 2014. Prior to signing the treaty, the political status of Niue was addressed. Niue is in free association with New Zealand. On internal matters it is self-governing. Niue conducts its foreign affairs in conjunction with New Zealand. Niue has declared and does manage its exclusive economic zone. The United States requested, and received, confirmation from New Zealand that the Government of Niue had the competence to enter into this agreement with the United States. The text of New Zealand's note is reproduced at Annex 2 to this study.
  124. ^ Central Intelligence Agency (20 June 2014). "AUSTRALIA-OCEANIA :: NIUE". The World Factbook. Retrieved 21 October 2014.
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  133. ^ a b "COOK ISLANDS: CONSTITUTIONAL STATUS AND INTERNATIONAL PERSONALITY" (PDF). Archived from the original (PDF) on 4 March 2016. Retrieved 21 October 2014. The maturity of the Cook Islands' international personality does not mean that the Cook Islands is, in constitutional terms, and independent sovereign state. In New Zealand's view, a constitutional change of that significance would have implications in terms of Cook Islanders' eligibility for New Zealand citizenship, and would require formal constitutional acts including a referendum and changes to the Cook Islands Constitution.
  134. ^ John Andrews (16 June 2001). "PM warns Cook Islands over sovereignty". The New Zealand Herald. Retrieved 21 October 2014. She said she had pointed out New Zealand citizenship implications for Cook Islanders if the Cooks sought sovereignty, enabling them to be a member in their own right.
    If the Cooks wanted to become a sovereign nation, it needed its own citizenship. Cook Islanders would remain New Zealand citizens but "if they want to change it, they can."
    Ms Clark said: "If they want to exert full independence, New Zealand will not stand in their way."
  135. ^ "Niue". New Zealand Ministry of Foreign Affairs & Trade. Retrieved 21 October 2014. New Zealand and Niue have a special relationship founded on close historical ties, unique constitutional arrangements and a common citizenship and currency. Niue became a British protectorate in 1900 and was annexed by New Zealand in 1901. In 1974, following an act of self-determination under United Nations auspices, the people of Niue adopted a Constitution providing for full self-government in free association with New Zealand, a status distinct from that of full independence.
  136. ^ Dumienski, Zbigniew (2019). "Shared Citizenship and Sovereignty: The Case of the Cook Islands' and Niue's Relationship with New Zealand". The Palgrave Handbook of Ethnicity (PDF). pp. 221–246. doi:10.1007/978-981-13-2898-5_14. ISBN 978-981-13-2897-8.

Bibliography

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