Treaty of Tokehega
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| Treaty between the United States of America and New Zealand on the Delimitation of the Maritime Boundary between Tokelau and the United States of America Ko he Feagaiga i te va o Niu Hila ma te Iunaite Hitete o Amerika i te Faiga o na Tuakoi i te Tai i te va o Tokelau ma te Iunaite Hitete o Amerika | |
|---|---|
| Signed | 2 December 1980 |
| Location | Atafu, Tokelau |
| Effective | 3 September 1983 |
| Condition | Ratification by both parties |
| Signatories | |
| Languages | |
The Treaty of Tokehega (Tokelauan: [tokɛˈhɛŋa]), officially titled the Treaty between the United States of America and New Zealand on the Delimitation of the Maritime Boundary between Tokelau and the United States of America, is a 1980 treaty between New Zealand and the United States that settles disputed claims and delineates the maritime boundary between Tokelau and American Samoa.[1] The treaty's short name is a portmanteau of Tokelau and Olohega ([oloˈhɛŋa], the Tokelauan name of Swains Island), which the boundary separates.
Swains Island was initially settled by Polynesian voyagers and later conquered by Tokelauans from Fakaofo. In 1856, while populated by Tokelauans, Swains Island was settled by the American Eli Hutchinson Jennings and his Samoan wife Malia. Jennings claimed ownership of the island and governed it as a semi-independent settlement.[2]
During the late 19th century, the United States and the United Kingdom made competing claims to many islands in the Pacific Ocean, including the three atolls of Tokelau, Swains Island, and several of the Ellice, Phoenix, Line and Cook Islands. Most of them were administered by the United Kingdom, starting with the British Western Pacific Territories in 1877.
In 1909, the United Kingdom recognised U.S. sovereignty over Swains Island after a tax dispute.[2] In 1925 the United States formally annexed Swains Island, administering it as part of American Samoa. The United Kingdom transferred the administration of the Cook Islands and Tokelau to New Zealand, in 1901 and 1926.
In 1977, the United States and New Zealand established exclusive economic zones, which partially overlapped around their territories of American Samoa, Cook Islands and Tokelau. In addition, Tuvalu and Kiribati, which contained the other disputed islands, became independent in 1978 and 1979. In this context, the United States sought to sign treaties to resolve the maritime boundaries and formally abandon its claims to the islands, establishing friendly relations with the new nations or autonomous territories. Such treaties included the Treaty of Tarawa and the Cook Islands–United States Maritime Boundary Treaty.[3]
The last treaty in this series was with Tokelau. In this case, while resolving the maritime boundary and abandoning its claims to the three atolls of Tokelau, the United States also sought to obtain recognition of U.S. sovereignty over Swains Island from the people of Tokelau, who claimed the island as part of their archipelago.[4] Although New Zealand handled international relations on behalf of Tokelau, the New Zealand government consulted extensively with Tokelauan leaders during the negotiations, allowed them to make their own decision on the subject, and authorised them to sign the treaty themselves.[5] The United States sent ambassador Anne Clark Martindell to Atafu to sign the treaty with them, and the event became more dramatic when the ambassador's boat almost capsized when going over the reef to reach the atoll.[4]