Political status of the Cook Islands and Niue

The political status of the Cook Islands and Niue is usually defined as them being states in free association within the Realm of New Zealand. This status is either interpreted to them being either sovereign states or dependent territory.

The Cook Islands became a state in free association with New Zealand on August 4, 1965. Niue became a state in free association on October 19, 1974. In 1992, the United Nations recognized their rights to establish diplomatic relations.[1] The Realm of New Zealand is made up of the Cook Islands, Niue, New Zealand, and two of its territories: Tokelau and the Ross Dependency. They all share the same citizenship and Queen Elizabeth II as their head of state.

Positions taken by states

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States formally recognizing the Cook Islands or Niue as independent

State  Cook Islands recognized  Niue recognized
Recognizing both
1  People's Republic of China July 25, 1997[2] December 12, 2007[3][4]
2  Republic of Cuba September 2, 2002[5] September 5, 2014[6]
3  Republic of Turkey October 28, 2008[7][8] June 7, 2014[8]
Recognizing the Cook Islands
4  Japan March 25, 2011[9] Not recognized
5  Kingdom of the Netherlands August 17, 2011[10]
6  Republic of Korea February 22, 2013[11]
7  Federated States of Micronesia September 24, 2014[12]
Recognizing Niue
4  Kingdom of Thailand Not recognized August 27, 2013[13][14]

States that do not recognize the Cook Islands or Niue as independent

State Position Relations with...

Cook
Niue
 Israel On July 1, 1994, Israel and New Zealand signed an agreement establishing diplomatic relations. The document stated:[15]
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.

In 2008, Israel established diplomatic relations with the Cook Islands and Niue.[16][17]

 Yes Yes
 New Zealand Cook Islands

On June 11, 2001, Helen Clark and Terepai Maoate signed an agreement establishing diplomatic relations between the Cook Islands and Niue, The document stated:[18]

2. 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.[19] 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.[18]

Niue

New Zealand has stated that Niue's free association is "a status distinct from that of full independence".[20]

 Yes Yes
 United States Cook Islands

In 1980, the Cook Islands–United States Maritime Boundary Treaty was signed. The United States recognized the competence of the Cook Islands to negotiate a treaty on its own only after first getting approval from the New Zealand government, and labeled the Cook Islands as a "political entity other than a fully sovereign and independent state".[21] As of 2011, the Department of State includes the Cook Islands under the sovereignty of New Zealand in its list of "Dependencies and Areas of Special Sovereignty".[22] As of 2014, The World Factbook lists the Cook Islands as a "self-governing territory in free association with New Zealand".[23]

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".[24] As of 2011, the Department of State includes Niue under the sovereignty of New Zealand in its list of "Dependencies and Areas of Special Sovereignty".[22] As of 2014, The World Factbook lists Niue as a "self-governing territory in free association with New Zealand".[25]

 Yes No

References

  1. ↑ "Repertory of Practice of United Nations Organs Supplement No. Volume VI Article 102" (PDF). United Nations. Retrieved October 20, 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.
  2. ↑ "Joint Communique Between the People's Republic of China and the Cook Islands on the Establishment of Diplomatic Relations". Embassy of the People's Republic of China in New Zealand. October 27, 2003. Retrieved October 20, 2014. The two Governments have agreed to develop friendly relations and cooperation between the two countries on the basis of the principles of mutual respect for sovereignty and territorial integrity...
  3. ↑ "JOINT COMMUNIQUE ON THE ESTABLISHMENT OF DIPLOMATIC RELATIONS BETWEEN NIUE AND THE PEOPLE'S REPUBLIC OF CHINA". Embassy of the People's Republic of China in the Republic of Lithuania. December 12, 2007. Retrieved October 20, 2014. The two Governments have agreed to develop friendly cooperation between the two countries on the basis of the principles of mutual respect for sovereignty and territorial integrity...
  4. ↑ Ritesh Kumar (October 24, 2008). "Niue wants China’s ‘most favoured nation’ status". Pacific Islands News Association. Retrieved October 20, 2014. “History will note though that China is the first country to recognise Niue diplomatically formally and I thank the Chinese Government for that honour. I acknowledge the former Premier Hon Young Vivian and his Government who initiated and finalised these arrangements in December last year.”
  5. ↑ "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. January 3, 2013. Retrieved October 21, 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...
  6. ↑ "Cuba And Niue Establish Diplomatic Relations". Cuba-I. September 5, 2014. Retrieved October 20, 2014. Cuba has diplomatic relations with 190 countries, orders and institutions. With this signing, Niue becomes the 191st State with which Cuba has ties at the highest level.
  7. ↑ "Relations between Turkey and Cook Islands". Republic of Turkey Ministry of Foreign Affairs. Retrieved October 21, 2014. Diplomatic relations between Turkey and Cook Islands were established on 28 October 2008.
  8. ↑ 8.0 8.1 "Turkey's candidacy for UN Security Council 'valuable'". June 7, 2014. Retrieved October 21, 2014. He said a Joint Declaration on the Establishment of Diplomatic Relations with the Pacific island country of Niue was signed at the meeting. "With Niue added, we have diplomatic relations with all Pacific Island Forum countries," he said. ... The Pacific Small Island Developing States (PSIDS) include the Cook Islands, Fiji, Kiribati, Micronesia, Marshal Islands, Nauru, Niue, Palau, Papua New Guinea, Samoa, Solomon Islands, Tonga, Tuvalu and Vanuatu.
  9. ↑ "Lecture by Prime Minister Puna of the Cook Islands -State recognition of the Cook Islands to lead to furthering cooperation-". Meiji University. June 22, 2011. Retrieved October 20, 2014. This event materialized as a result of Prime Minister Puna’s visit to Japan to establish diplomatic relations between Japan and the Cook Islands after Japan gave state recognition to the Cook Islands on 25 March. The Cook Islands are the 193rd state to be recognized as an independent state by Japan.
  10. ↑ "Cook Islands and the Netherlands establish Diplomatic Relations". Cook Islands Herald. The Cook Islands and the Kingdom of the Netherlands this month established diplomatic relations through an exchange of notes by the respective Foreign Ministries. This followed upon advice through diplomatic channels that the Netherlands had recognised the Cook Islands as a sovereign, independent State.
  11. ↑ "KOREA ESTABLISHES DIPLOMATIC RELATIONS WITH THE COOK ISLANDS". Ministry of Foreign Affairs, Republic of Korea. February 25, 2013. Retrieved October 21, 2014. The Cook Islands will mark the 190th country with which Korea has forged diplomatic relations.
  12. ↑ Emanuel Mori; Henry Puna (September 24, 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 October 21, 2014. Reaffirming their commitment to the principles of: sovereign equality, respect for each other's territory...
  13. ↑ "Press Releases : Establishment of Diplomatic Relations between Thailand and Niue". Ministry of Foreign Affairs of the Kingdom of Thailand. August 27, 2013. Retrieved October 20, 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.
  14. ↑ Yingluck Shinawatra (August 27, 2013). "Announcement On the Establishment of Diplomatic Relations Between The Kingdom of Thailand and Niue" (PDF). Retrieved October 21, 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...
  15. ↑ "ASPECTS OF FOREIGN RELATIONS UNDER THE ISRAELI-PALESTINIAN AGREEMENTS ON INTERIM SELF-GOVERNMENT ARRANGEMENTS FOR THE WEST BANK AND GAZA". Israel Ministry of Foreign Affairs. July 1, 1994. Retrieved October 21, 2014.
  16. ↑ "Israel's Diplomatic Missions Abroad: Status of relations". Israel Ministry of Foreign Affairs. Retrieved October 21, 2014. Total number of countries with which Israel maintains diplomatic relations: 159... State... Cook Islands... Niue
  17. ↑ "Asia, Europe and Other Regions". Cook Islands Government. Retrieved October 21, 2014. State of Israel... 2008
  18. ↑ 18.0 18.1 "COOK ISLANDS: CONSTITUTIONAL STATUS AND INTERNATIONAL PERSONALITY" (PDF). Retrieved October 21, 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.
  19. ↑ John Andrews (June 16, 2001). "PM warns Cook Islands over sovereignty". The New Zealand Herald. Retrieved October 21, 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."
  20. ↑ "Niue". New Zealand Ministry of Foreign Affairs & Trade. Retrieved October 21, 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.
  21. ↑ "Limits in the Seas No. 100 MARITIME BOUNDARIES: UNITED STATES-COOK ISLANDS and UNITED STATES-NEW ZEALAND(TOKELAU)" (PDF). United States Department of State. One issue that had to be addressed during the negotiation of this treaty was the political status of the Cook Islands Government. The Cook Islands is in free association with New Zealand. On internal matters it is self-governing and it may unilaterally declare its independence from New Zealand at any time. The Cook Islands conducts its foreign affairs in conjunction with New Zealand. The Cook Islands declared and does manage a 200-nautical-mile zone. During the negotiations the question arose whether it was legally possible for the United States to enter into a treaty relationship with political entity other than a fully sovereign and independent state.
  22. ↑ 22.0 22.1 "Dependencies and Areas of Special Sovereignty". United States Department of State. November 29, 2011. Retrieved October 21, 2014.
  23. ↑ Central Intelligence Agency (June 20, 2014). "AUSTRALIA-OCEANIA :: COOK ISLANDS". The World Factbook. Retrieved October 21, 2014.
  24. ↑ "Limits in the Seas No. 119 Maritime Boundary: United States-Niue" (PDF). United States Department of State. July 30, 1997. Retrieved October 21, 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 doesmanage 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.
  25. ↑ Central Intelligence Agency (June 20, 2014). "AUSTRALIA-OCEANIA :: NIUE". The World Factbook. Retrieved October 21, 2014.