Tokelau has been on the United Nations list of Non-Self-Governing Territories since 1946, following the declaration of the intention by New Zealand (who is entrusted with its administering power) to transmit information on the Tokelau Islands under Article 73 e of the Charter of the United Nations. This Constitution is the supreme law of Tokelau, applicable to all the islands, internal waters, territorial seas, and other areas to which Tokelau is entitled at international law. The villages are the source of all authority in Tokelau. According to article 2, the main law relating to the villages is the Village Incorporation Rules 1986. Articles 3-5 concern the membership and decision-making power of the General Fono, which consists of The Faipule and Pulenuku of each village and one delegate from each village. Further provisions govern the Courts of Tokelau (arts. 8-11). The Constitutions specifies the sources of law of Tokelau, which encompass, in descending order of priority, this Constitution, General Fono Rules, Village Rules, the custom of Tokelau, and the general principles of international law. In matter of land it is worth noticing article 15. As a general principle, land is under the control of the Taupulega. Customary land is land held in accordance with the custom of the village. Special land is land that is not customary land.All matters relating to the ownership of special land shall be determined by the High Court in accordance with the common law of England. No land or any interest in land shall be transferred to a person who is not a Tokelauan. If land is required for a national purpose then there must be agreement between the Government of Tokelau and the village in respect of the land. If land is required for a national or village purpose, the village shall enter into negotiations with the landowners for the purchase or use of the land for the national or village purpose. Article 16 is devoted to human rights. Individual human rights for all people in Tokelau are those stated in the Universal Declaration of Human Rights, and reflected in the International Covenant on Civil and Political Rights.
Tokelau (New Zealand) · 2005-01-01