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TITLE: TONGA HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
TONGA
The Kingdom of Tonga comprises 169 islands scattered over an
area of 360,000 square kilometers of the South Pacific. All
but a handful of the approximately 104,000 inhabitants are
Polynesian. Tonga is a constitutional monarchy in which
political life is dominated by the King, the nobility, and a
few prominent commoners. Formerly a British protected state,
Tonga is fully independent and a member of the Commonwealth of
Nations.
The security apparatus is composed of the Tonga Defense
Services (TDS) and a police force. The 350-man TDS force is
responsible to and controlled by the Minister of Defense.
Tonga's economy is based primarily on the cultivation of
tropical and semitropical crops. An increasing demand for
imported manufactured goods and products unavailable locally
has led to a substantial trade deficit. This has largely been
offset by remittances from Tongans employed abroad, overseas
aid, and, to a lesser degree, tourism. Continuing world
recessionary conditions in 1993 resulted in an abnormally low
level of remittances.
The principal human rights abuses remain severe restrictions
on the right of citizens to change their government and
discrimination against women. The Constitution, dating from
1875, has been increasingly challenged by commoners who are
disadvantaged by it, most dramatically by the November 1992
Prodemocracy Convention held in the capital and the results of
the February elections.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
No such killings occurred.
b. Disappearance
There were no disappearances and no evidence of people being
abducted, secretly arrested, or clandestinely detained.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Torture and inhuman or degrading punishment or other such
treatment are forbidden by the Constitution, and there were no
reported instances of such practices.
d. Arbitrary Arrest, Detention, or Exile
The right to judicial determination of the legality of arrest
is enshrined in the Constitution and observed in practice.
There is no exile, internal or external, and no preventive
detention, although there are no statutory limits to the
length of time a suspect may be held prior to being charged.
There are no statutory limits to access by counsel and family
members to such a detained person.
e. Denial of Fair Public Trial
The judiciary is independent of the King and the executive
branch. The Court of Appeal, as the appellate court of last
resort, is the highest court. Two cases have involved
Pro-Democracy leader Akilisi Pohiva who was charged with
publishing secret government documents (a not guilty verdict
was returned) and later charged with defamation, resulting in
a guilty verdict and a fine of one Tongan dollar--less than a
U.S. dollar. The King's Privy Council presides over cases
relating to disputes over titles of nobility and estate
boundaries. The King has the right to commute a death
sentence in cases of murder or treason. In addition, Tonga's
court system consists of the Supreme Court (which has original
jurisdiction over all major cases), the police magistrate's
courts, a general court, a court martial for the Tongan
Defense Services, a court tribunal for the police force, and a
court of review for the Inland Revenue Department.
The right to a fair public trial is provided for by law and
honored in practice. No one may be summoned before any court
without first having received a written indictment clearly
stating the offense with which that person is charged.
Defendants are entitled to counsel, and lawyers have free
access to defendants. There are no political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
By law and practice no one may enter or search the home of
another or remove any item of property unless in possession of
a warrant issued by a magistrate. There is no arbitrary
intrusion by the state or political organizations into a
person's private life.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of speech and press is provided for in the
Constitution. Tonga has five newspapers (one of which is
government owned) and one national magazine. The only radio
station is government owned. While there is generally little
editorializing in the government-owned media, opposition
opinion appears regularly alongside government statements and
letters. A privately owned newspaper, Kele'a, openly
criticizes the Government without government interference.
The Catholic monthly, Taumu'a Lelei, also speaks out freely.
The Minister of Police has threatened action against the
independent media in one or two cases, but no action has ever
been taken. Serious infringement has occurred, usually tied
to a specific event such as the November 1992 Pro-Democracy
Convention. No such actions were taken in 1993. The February
1993 election campaign took place with no restrictions on
freedom of speech or press. All participants took full
advantage of their rights and access to the media.
b. Freedom of Peaceful Assembly and Association
Peaceful assembly and association are provided for by law.
There are no significant restrictions.
c. Freedom of Religion
Freedom of religion is provided for in the Constitution and
observed in practice. Missionaries may proselytize freely.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Tongan citizens are free to travel anywhere within the Kingdom
and abroad. There are no restrictions on repatriation. There
are no displaced persons in Tonga.
Section 3 Respect for Political Rights: The Right of
Citizens to Change Their Government
Citizens do not have the ability to change their leaders or
the system of government. The King and a small group of
hereditary nobles dominate political life in Tonga. They
assert authority largely through their control of substantial
land holdings and their predominant role in the Legislative
Assembly. The Constitution allows the monarch broad powers,
many of which do not require the endorsement of the
legislative branch. The King appoints and presides over the
Privy Council, which makes major policy decisions. (When the
King is not presiding, the Privy Council is called the
Cabinet.) The King also selects the Prime Minister and other
Cabinet ministers, who hold office at his pleasure.
Tonga's unicameral legislature, the Legislative Assembly,
consists of 12 Cabinet ministers, 9 nobles elected by their
peers, and 9 people's representatives. All literate Tongans,
21 years of age or older, are eligible to vote. The Speaker
is appointed by the King from among the representatives of the
nobles. Government ministers generally vote with the nobles'
representatives as a bloc. People's representatives sometimes
vote against the Government. There are no political parties.
Elections are held every 3 years, most recently in February
1993. As a result of those elections, the Pro-Democracy
Movement extended its influence with the election of strong
supporters to six of the nine people's representative seats.
Since 1991 there have been continued calls for more democratic
change both by people inside and outside of the government
establishment. The Pro-Democracy Movement, which originated
in 1986, was formally established in 1992 but does not
consider itself to be a political party. This organization
maintains that the monarchy is an inalienable part of the
Tonga identity, but it believes that the Government must
become much more relevant to today's world and that this can
be achieved only through greater power sharing by the King and
greater accountability on the part of the Government (one of
its earliest efforts was to inspect the financial records of
the legislature).
The February 1993 elections were seen by many as a referendum
for change, with those favoring reform the clear winners.
Following its election victory, the Prodemocracy Movement has
turned to educational efforts outside the capital and to
drafting proposals for revisions to the 1875 Constitution,
most notably for popular election of all 30 members of the
Assembly and election of the House Speaker from among Assembly
members.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
While there are no known barriers to the formation of local
nongovernmental organizations that concern themselves with
human rights, no such organizations exist in Tonga. No
outside organizations have made requests to investigate human
rights violations. Tonga is not a member of the United
Nations.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
Social, cultural, and economic facilities are available to all
citizens regardless of race or religion. However, members of
the hereditary nobility have substantial advantages in Tongan
society. These include control over most of the land and a
generally privileged status. Nonetheless, it is possible for
commoners to rise to Cabinet positions in government and to
accumulate great wealth and status in the private sector.
Women
In Tonga's male dominated society, women generally occupy a
subordinate role. While the strong Polynesian cultural
tradition has discouraged the rise of women to positions of
leadership, some have become members of the legislature and
served in responsible positions in various occupations.
Domestic violence is infrequent. As a result, the country
does not have a women's crisis center. Incidents of wife
beating that do occur are generally dealt with in traditional
ways between the families and village elders; abused wives
sometimes return to their families if mediation fails.
Children
Child abuse, if it occurs, is rare and has not become a source
of societal concern. The Government is committed to
children's human rights and welfare and provides commensurate
funding for children's welfare within the context of the total
resources available to the State.
People with Disabilities
No mandated provisions for accessibility for the disabled
erxist. There were no known complaints of discrimination in
employment, education, or provision of other state services.
Section 6 Worker Rights
a. The Right of Association
Workers have the right to form unions under the 1964 Trade
Union Act, but to date no unions have been formed, presumably
because of the small size of the wage economy and the lack of
a perceived need for unions.
b. The Right to Organize and Bargain Collectively
Since no unions have been formed, collective bargaining is not
practiced. There is no legislation permitting and protecting
collective bargaining or the right to organize. Labor laws
and regulations are uniformly enforced in all sectors of the
economy, including in the two small export enhancement zones.
c. Prohibition of Forced or Compulsory Labor
Forced labor is prohibited by law and not practiced.
d. Minimum Age for Employment of Children
Child labor is not used in the wage economy, although there is
no legislation prohibiting it.
e. Acceptable Conditions of Work
Tonga does not have a minimum wage law. However, the Ministry
of Labor, Commerce, and Industry has for some years set
minimum daily wages for such sectors of the economy as
manufacturing and tourism. The minimum wage applies to so few
people that it is not generally known. (Minimum wage figures
are not readily available.) Existing minimum wages are not
adequate to provide a worker and his family with a decent
standard of living. Workers are protected to a degree,
however, by the ease with which they can return to their
villages and live without a cash income if wages offered are
inadequate. The Tongan cultural tradition of extended family
support provides an additional economic safety net.
By regulation the workweek in Tonga is limited to 40 hours.
Labor laws and regulations are enforced by the Ministry of
Labor, Commerce, and Industry. Labor laws and regulations are
enforced reasonably well in the wage sector of the economy,
particularly on the main island of Tongatapu. Enforcement in
agriculture and on the outer islands is limited by isolation.
Industrial accidents are rare, as few industries exist that
would expose workers to significant danger. Due to these
factors, there has been little or no work done in Tonga on
industrial safety standards.
[end of document]
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