Human rights in Tonga
Encyclopedia
Tonga is a constitutional monarchy with a population of approximately 120,000. Politics and the economy are dominated by King George Tupou V
, the nobility, and a few prominent commoners. Economic, social and cultural rights are generally well-respected. There are however a number of issues concerning protection of civil and political rights particularly freedom of expression, and rights to political participation. Violence against women
is a serious issue.
in 1999. It is party to two of the nine core human rights treaties - the Convention on the Rights of the Child (CRC
) and the International Convention for the Elimination of All Forms of Racial Discrimination (CERD
). In May 2008, during its Universal Periodic Review (UPR) by the United Nations Human Rights Council
, Tonga accepted recommendations to ratify some of the other treaties including the International Covenant on Civil and Political Rights (ICCPR
), the International Covenant on Economic, Social and Cultural Rights (ICESCR
), the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW
), and the Convention Against Torture (CAT). Despite this, in September 2009, Tonga decided not to ratify CEDAW.
. This protects a number of civil and political rights such as prohibition of slavery (clause 2), equality before the law (clause 4), freedom of religion (clause 5), freedom of speech (clause 7), and a number of criminal procedure rights (clauses 9-16). Notable omissions from the Declaration of Rights are the right to life
, freedom from torture, freedom from discrimination
and comprehensive protections for economic and social rights.
and Palau
, Tonga is one of only three countries in the Pacific region (and seven countries in the world) which is yet to ratify CEDAW. In September 2009, the Tongan Legislative Assembly voted 18 to 1 with 4 abstentions not to ratify CEDAW. In announcing the decision not to ratify, the Tongan Prime Minister stated that ratification 'would cut across our cultural and social heritage that makes up the Tongan way of life.' Further, Tonga did not want to ratify with reservations or undertake a 'ratification of convenience.'
Violence against women appears to be pervasive in Tonga, although there is limited empirical data available. According to the Tongan NGO Legal Literacy Project of the Catholic Women's League, estimates suggest that between 31% and 62% of women are victims of violence by an intimate partner. There is no targeted legislation dealing with violence against women.
Women are able to lease land but they are unable to own land. Inheritance to land title passes through male heirs. This is a significant barrier to economic empowerment of women in Tonga.
and of the press, these rights are not always protected in practice. Politicians and media outlets seeking greater democracy often have their rights curtailed. For example, since 2008, the board of the government-owned Tonga Broadcasting Commission has directed that all programming be reviewed by TBC appointed censors prior to broadcast. There are also a number of cases where attempts to limit media freedom have been challenged. See for example, Utoikamanu v Lali Media Group Ltd and Taione v Kingdom of Tonga.
, with the remaining nine seats being reserved for members of Tonga's nobility. This marked a shift away from the 165-year rule of the monarchy towards a fully representative democracy. The Taimi Media Network
described it as "Tonga’s first democratically elected Parliament".
George Tupou V
George Tupou V , is the current King of Tonga.-Early life:...
, the nobility, and a few prominent commoners. Economic, social and cultural rights are generally well-respected. There are however a number of issues concerning protection of civil and political rights particularly freedom of expression, and rights to political participation. Violence against women
Violence against women
Violence against women is a technical term used to collectively refer to violent acts that are primarily or exclusively committed against women...
is a serious issue.
International treaties
Tonga joined the United NationsUnited Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
in 1999. It is party to two of the nine core human rights treaties - the Convention on the Rights of the Child (CRC
Convention on the Rights of the Child
The United Nations Convention on the Rights of the Child is a human rights treaty setting out the civil, political, economic, social, health and cultural rights of children...
) and the International Convention for the Elimination of All Forms of Racial Discrimination (CERD
Convention on the Elimination of All Forms of Racial Discrimination
The International Convention on the Elimination of All Forms of Racial Discrimination is a United Nations convention. A second-generation human rights instrument, the Convention commits its members to the elimination of racial discrimination and the promotion of understanding among all races...
). In May 2008, during its Universal Periodic Review (UPR) by the United Nations Human Rights Council
United Nations Human Rights Council
The United Nations Human Rights Council is an inter-governmental body within the United Nations System. The UNHRC is the successor to the United Nations Commission on Human Rights , and is a subsidiary body of the United Nations General Assembly...
, Tonga accepted recommendations to ratify some of the other treaties including the International Covenant on Civil and Political Rights (ICCPR
International Covenant on Civil and Political Rights
The International Covenant on Civil and Political Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from March 23, 1976...
), the International Covenant on Economic, Social and Cultural Rights (ICESCR
International Covenant on Economic, Social and Cultural Rights
The International Covenant on Economic, Social and Cultural Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from January 3, 1976...
), the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW
Convention on the Elimination of All Forms of Discrimination Against Women
The Convention on the Elimination of all Forms of Discrimination against Women is an international convention adopted in 1979 by the United Nations General Assembly....
), and the Convention Against Torture (CAT). Despite this, in September 2009, Tonga decided not to ratify CEDAW.
Constitutional protections
Domestic human rights protections include a Declaration of Rights in the 1875 Constitution of TongaConstitution of Tonga
The Tongan Constitution was enacted by King George Tupou I on 4 November 1875. It stipulates the makeup of the Tongan Government and the balance between its executive, legislature, and judiciary. The anniversary of its passage is celebrated annually as Tonga's Constitution Day.Tonga is a...
. This protects a number of civil and political rights such as prohibition of slavery (clause 2), equality before the law (clause 4), freedom of religion (clause 5), freedom of speech (clause 7), and a number of criminal procedure rights (clauses 9-16). Notable omissions from the Declaration of Rights are the right to life
Right to life
Right to life is a phrase that describes the belief that a human being has an essential right to live, particularly that a human being has the right not to be killed by another human being...
, freedom from torture, freedom from discrimination
Freedom from discrimination
The right to freedom from discrimination is an internationally recognised human right and enshrines the principle of egalitarianism. The right to freedom from discrimination is recognised in the Universal Declaration of Human Rights and enshrined in international human rights law through its...
and comprehensive protections for economic and social rights.
Women's rights
Along with NauruNauru
Nauru , officially the Republic of Nauru and formerly known as Pleasant Island, is an island country in Micronesia in the South Pacific. Its nearest neighbour is Banaba Island in Kiribati, to the east. Nauru is the world's smallest republic, covering just...
and Palau
Palau
Palau , officially the Republic of Palau , is an island nation in the Pacific Ocean, east of the Philippines and south of Tokyo. In 1978, after three decades as being part of the United Nations trusteeship, Palau chose independence instead of becoming part of the Federated States of Micronesia, a...
, Tonga is one of only three countries in the Pacific region (and seven countries in the world) which is yet to ratify CEDAW. In September 2009, the Tongan Legislative Assembly voted 18 to 1 with 4 abstentions not to ratify CEDAW. In announcing the decision not to ratify, the Tongan Prime Minister stated that ratification 'would cut across our cultural and social heritage that makes up the Tongan way of life.' Further, Tonga did not want to ratify with reservations or undertake a 'ratification of convenience.'
Violence against women appears to be pervasive in Tonga, although there is limited empirical data available. According to the Tongan NGO Legal Literacy Project of the Catholic Women's League, estimates suggest that between 31% and 62% of women are victims of violence by an intimate partner. There is no targeted legislation dealing with violence against women.
Women are able to lease land but they are unable to own land. Inheritance to land title passes through male heirs. This is a significant barrier to economic empowerment of women in Tonga.
Freedom of expression
Although the Constitution provides for freedom of speechFreedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
and of the press, these rights are not always protected in practice. Politicians and media outlets seeking greater democracy often have their rights curtailed. For example, since 2008, the board of the government-owned Tonga Broadcasting Commission has directed that all programming be reviewed by TBC appointed censors prior to broadcast. There are also a number of cases where attempts to limit media freedom have been challenged. See for example, Utoikamanu v Lali Media Group Ltd and Taione v Kingdom of Tonga.
Political participation
An ongoing issue in Tonga for many years has been the absence of full representative democracy. After a process of constitutional reform, in the November 2010 elections, a majority of the seats (17 out of 26) in the Tongan Parliament were elected by universal suffrageUniversal suffrage
Universal suffrage consists of the extension of the right to vote to adult citizens as a whole, though it may also mean extending said right to minors and non-citizens...
, with the remaining nine seats being reserved for members of Tonga's nobility. This marked a shift away from the 165-year rule of the monarchy towards a fully representative democracy. The Taimi Media Network
Times of Tonga
The Times of Tonga also known as Taimi o Tonga is published by the Taimi Media Network Ltd from Auckland, New Zealand. It started publication in April 1989. It is published twice a week. The newspaper's owner and publisher is Kalafi Moala, a Tongan-American citizen.The newspaper has been a...
described it as "Tonga’s first democratically elected Parliament".