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DE RUEHWL #0308 1072003
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O 172003Z APR 07
FM AMEMBASSY WELLINGTON
TO RUEHC/SECSTATE WASHDC IMMEDIATE 4150
INFO RUEHBY/AMEMBASSY CANBERRA IMMEDIATE 4817
RHHMUNA/CDR USPACOM HONOLULU HI IMMEDIATE
RUEHC/DEPT OF INTERIOR WASHDC IMMEDIATE
RUEKJCS/SECDEF WASHINGTON DC IMMEDIATE

C O N F I D E N T I A L WELLINGTON 000308 
 
SIPDIS 
 
SIPDIS 
 
STATE FOR EAP/ANP - DAN RICCI, L/OES, AND OES/OA 
INTERIOR FOR INSULAR AFFAIRS DEPT. DAS COHEN 
 
E.O. 12958: DECL: 04/17/2017 
TAGS: PGOV PREL NZ
SUBJECT: DEMARCHE TO GNZ ON TOKELAU AND SWAINS ISLAND 
 
REF: STATE 50322 
 
Classified By: DCM David J. Keegan, 
for reasons 1.4 (b) and (d). 
 
¶1.  (C) Summary:  As instructed Reftel, PE Couns met with 
Tokelau Administrator David Payton to request that the GNZ 
publicly reaffirm that Tokelau does not/not have claim over 
any American Samoan island presently administered by the 
United States, including Olohega, or Swains Island.  Payton 
confirmed that New Zealand agrees Tokelau does not have claim 
to the island and he promised GNZ would consider the request. 
 He said that when Tokelau leader Koulouei O'Brien said a 
self-governing Tokelau could discuss ownership of Swains with 
the United States, he meant to draw attention to the benefits 
of self-government, not make a territorial claim.  PE Couns 
said that even if that were the intent the remarks are 
unfortunately impeding Tokelau's efforts to encourage closer 
relations with American Samoa.  Post recommends that Interior 
DAS David Cohen discuss American Samoa's position on this 
issue with GNZ officials during his April 30 visit to 
Wellington.  End Summary. 
 
¶2.  (SBU) On April 17, PE Couns delivered reftel diplomatic 
note to David Payton, Tokelau Administrator at the Ministry 
of Foreign Affairs and Trade (MFAT).  Payton said he would 
have his legal team look at our request, and anticipated that 
the lawyers would have no difficulty understanding our 
concerns.  He stressed that Swain's identity is "finished 
business" to New Zealand, and the GNZ would stand by the 
treaty. 
 
¶3.  (SBU) Payton said that Tokelau's population of 1,500 
could not possibly manage the burdens of self-government 
alone.  As part of New Zealand's efforts to nudge Tokelau to 
self determination, GNZ officials have encouraged Tokelau 
officials to reach out to the world-wide Tokelauan community 
(who represent 90% of all Tokelauans) and ask for their 
support.  The GNZ has also recommended Tokelau's leaders 
explain the benefits of self government to overseas 
Tokelauans, who will not be not allowed to participate in the 
referendum but will strongly influence the voters in Tokelau. 
 O'Brien made his remarks in March while he and other Tokelau 
leaders were on such an outreach visit to New Zealand. 
O'Brien later told Payton he meant his comments to 
demonstrate to Tokelauans that one benefit of self government 
would be that the island could discuss its concerns directly 
with foreign officials rather than through the GNZ.  O'Brien 
said that because Tokelau cannot do this now, it has lost the 
chance to get certain forms of economic assistance from the 
EU. 
 
¶4.  (C) PE Couns said that if this were part of Tokelau's 
effort to reach out to potential partners it was 
unfortunately having the opposite effect, as American Samoan 
officials have told USG officials they find O'Brien's 
comments troubling.  One American Samoan official had 
discussed the comments and the draft constitution with the 
other two leaders, and found they agreed with American 
Samoa's position.  Payton confirmed that the other leaders 
have been appalled by O'Brien's comments.  He asked why the 
American Samoan Governor had not raised the Swains issue 
during his recent and successful trip to Tokelau.  PE Couns 
suggested the Samoans had possibly not wanted to embarrass 
their hosts.  Payton said that during the visit, both sides 
had reportedly discussed using Swain's as a starting point 
for commerce between American Samoa and Tokelau.  He said 
that Tokelau's interest in Swains reflected a belief that the 
people on Swains are Tokelauan and therefore family.  Tokelau 
does not want the island as its territory.  PE Couns said it 
would be helpful for New Zealand to encourage Tokelau to make 
this explicit with American Samoan officials and others.  She 
reminded Payton that increased cooperation in the Pacific 
Islands has been a cornerstone of the improving US-NZ 
relationship. 
 
¶5.  (C) Post will continue to follow up on reftel request, 
including by double tracking with the Americas desk and 
others at MFAT.  We also believe it would be helpful if 
Insular Affairs DAS Cohen explained American Samoa's views on 
Swains when he meets with MFAT officials during his April 30 
trip to Wellington. 
McCormick