23/4 Report of the Working Group on the Universal Periodic Review - Tonga

GE.13-12477

Human Rights Council Twenty-third session

Agenda item 6 Universal Periodic Review

Report of the Working Group on the Universal Periodic Review*

Tonga

* The annex to the present report is circulated as received.

Contents Paragraphs Page

Introduction ............................................................................................................. 1–4 3

I. Summary of the proceedings of the review process ................................................ 5–78 3

A. Presentation by the State under review ........................................................... 5–29 3

B. Interactive dialogue and responses by the State under review ........................ 30–78 7

II. Conclusions and/or recommendations ..................................................................... 79–83 12

Annex

Composition of the delegation ......................................................................................................... 18

Introduction

1. The Working Group on the Universal Periodic Review (UPR), established in accordance with Human Rights Council resolution 5/1 of 18 June 2007, held its fifteenth session from 21 January to 1 February 2013. The review of Tonga was held at the 2nd meeting on 21 January 2013. The delegation of Tonga was headed by Lord Vaea, Minister for Internal Affairs. At its 10th meeting held on 25 January 2013, the Working Group adopted the report on Tonga.

2. On 14 January 2013, the Human Rights Council selected the following group of rapporteurs (troika) to facilitate the review of Tonga: Angola, Costa Rica and Pakistan.

3. In accordance with paragraph 15 of the annex to Human Rights Council resolution 5/1 and paragraph 5 of the annex to resolution 16/21, the following documents were issued for the review of Tonga:

(a) A national report submitted/written presentation made in accordance with paragraph 15 (a) (A/HRC/WG.6/15/TON/1);

(b) A compilation prepared by the Office of the United Nations High Commissioner for Human Rights (OHCHR) in accordance with paragraph 15 (b) (A/HRC/WG.6/15/TON/2);

(c) A summary prepared by OHCHR in accordance with paragraph 15 (c) (A/HRC/WG.6/15/TON/3 and Corr.1).

4. A list of questions prepared in advance by Norway, Mexico, Slovenia, Spain and the United Kingdom of Great Britain and Northern Ireland was transmitted to Tonga through the troika. These questions are available on the extranet of the UPR.

I. Summary of the proceedings of the review process

A. Presentation by the State under review

5. At the fifteenth session of the Working Group on the Universal Periodic Review, held on 21 January 2013, Lord Vaea, Minister for Internal Affairs, introduced Tonga’s second national report after extending warm greetings and best wishes for the New Year 2013 on behalf of His Majesty King Tupou VI of Tonga, Lord Tu’ivakano, Prime Minister of Tonga, and the people of Tonga He congratulated the Council and the Working Group for the work achieved in 2012 and for commencing the second cycle of the UPR process. He thanked the troika, consisting of Angola, Costa Rica and Pakistan, for assisting with Tonga’s review and for the advance questions from the United Kingdom of Great Britain and Northern Ireland, Norway, Slovenia, Mexico and Spain.

6. Lord Vaea referred to the adoption of Tonga’s first universal period review in June 2008 as a milestone for Tonga. It provided the opportunity to showcase the fundamental human rights enshrined in the 1875 Tongan Constitution granted by King Siaosi Tupou I, which Tonga had devotedly protected for 137 years. Lord Vaea also stated that the first review was an opportunity to highlight Tonga’s aspirations to ratify new human rights

conventions.

7. However, he stated that the introduction of new human rights would involve a delicate balancing exercise of important factors, including limited resources, core Tongan cultural values, fundamental Christian beliefs and liberal ideologies. These unique circumstances should be recognized as the reason why Tonga has been slow to ratify the

core human rights conventions. Tonga, however, continued to be active in supporting and developing human rights aspirations through legislation, policies, training, awareness programmes, and supporting national, regional and international activities and initiatives.

8. In relation to democratization and law reform, Lord Vaea reported that the democratization of the Tongan political system had been completed. He reported that the process was led by the late king, His Majesty King George Tupou V, and that it was his legacy to Tonga, the Pacific region and the world. Lord Vaea then outlined the significant occurrences since 2008 in implementing democratization, and described the new political system.

9. Lord Vaea reported that the new revamped constitutional and political framework provides fundamental features of a free and democratic society to all Tongan citizens. The new constitutional and political system has demonstrated that it is robust and can resist challenges against unstable and ineffective Government. Lord Vaea however stated that the new system may not be perfect, but it was a significant achievement in making these profound changes, in a peaceful and orderly manner, within a period of four years. Lord Vaea acknowledged with appreciation the technical assistance offered during the constitutional and political reform process by donor States and international organizations, including the Governments of New Zealand and Australia, the European Union and UNDP.

10. Regarding ratification of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), Lord Vaea referred to a question from Norway, and explained that Tonga had not ratified the Convention because torture and other cruel, inhuman or degrading treatment or punishment were already prohibited under Tonga’s criminal law, and addressed in legislation regarding evidence, extradition and

mutual assistance in criminal matters. Further, the authorities responsible for investigation and prosecution of torture are responsive and effective, and the judiciary imposed criminal sanctions that are a deterrent to potential offenders. Lord Vaea also highlighted that the occurrence of torture was not systematic in Tonga; in fact it was very rare. Lord Vaea confirmed Tonga’s commitment to ratifying CAT.

11. In relation to establishing safeguards against harsh treatment by police and security forces, Lord Vaea referred to a question from Norway as to what steps Tonga had taken to address the involvement of police officers in the maltreatment and death of civilians. Lord Vaea reported that police and security officers are prosecuted without exception, and offenders are disciplined and dismissed. The use of police intimidation tactics is a regular occurrence, but police violence against suspects is rare. In the last 50 years, there have been only two deaths at the hands of police officers. Lord Vaea also added that Tonga Police planned to install a closed circuit television camera system and conduct training on the new Tonga Police Act 2010, which sets out modern police standards that respect human rights. Lord Vaea also reported that a new Police Commissioner had been appointed, with the assistance of the Government of New Zealand, whose main task is to modernize the Tonga Police. The Police Commissioner is supported by a significant tri-partite development assistance programme between the Governments of Australia, New Zealand and Tonga.

12. Lord Vaea referred to a question from the United Kingdom of Great Britain and Northern Ireland as to what Tonga was doing to address the issue of police violence and education programmes for police officers. Lord Vaea stated that education programmes on the use of force were being provided together with training from police officers with overseas experience. He said that the Tonga Police was establishing a community-level presence and hoped to regain public confidence, and reported that Tonga Police had relinquished non-policing roles, such as immigration and traffic registration and licensing, in order to concentrate on its core police roles. He added that with regard to promoting human rights education programmes for police, security and penal personnel, Tonga Police,

the Prisons Department and Tonga Defence Services were using their development programmes to educate their personnel on respect and protection of human rights.

13. In relation to protection of freedom of expression, information and the press, Lord Vaea stated that this fundamental human right was enshrined in clause 7 of the Tongan Constitution and that the media enjoyed relative freedom, subject to the laws of defamation, sedition and contempt of court. He reported that a Tonga Media Council had been established by the Tongan media to regulate their own activities; however, it was still in its infancy stages of development. He also reported that Tonga had adopted a freedom of information policy, which was being introduced incrementally by all Government ministries and agencies. It is envisaged that the policy will be a basis to enact freedom of information legislation.

14. In relation to increasing awareness for persons with disabilities, Lord Vaea referred to a question from Slovenia as to how Tonga guarantees the rights of persons with disabilities and what improvements have been made in recent years. He said that Tongan legislation offered the same protection of rights to disabled and non-disabled persons and that there was no discrimination in the law or in practice against disabled persons. The only gaps were the special rights for disabled, such as communication for persons who are hearing or sight impaired. Lord Vaea stated that Tonga has a policy on inclusive education for disabled persons, that legislation requires access facilities for disabled persons to be built in public buildings and that Tonga was supportive of regional efforts, such as the Biwaka Millennium Framework for Action, the Pacific Disability Forum and the Australia- Pacific Islands Disability Support. Tonga acknowledged the assistance provided by the Government of Australia in this area. Lord Vaea also stated that there are two disabled persons organizations active in pursuing the rights of disabled persons, and an organization that provides rehabilitation services for disabled persons. He reported that social clubs provide support for persons with disabilities on a regular basis.

15. Lord Vaea referred to a question from Slovenia about steps to include the provisions of the Convention on the Rights of Persons with Disabilities (CRPD) into domestic legislation and the time frame for ratifying the Convention. Lord Vaea said that disabled persons have rights under Tongan law at a general level. Tonga could not provide a time frame for the ratification of the Convention.

16. Lord Vaea then referred to a question from Spain about plans to improve the living conditions of persons with disabilities and to eradicate discrimination against them. Lord Vaea stated that Tonga was encouraging commitment to improve the lives of persons with disabilities by way of support for disabled persons organizations and also regional plans of action. Furthermore, Tongan legislation does not discriminate against disabled persons. He stated that Tonga was committed to ratifying the Convention; however, no time frame was available.

17. In relation to anti-corruption, Lord Vaea stated that the Tongan Government was establishing fully independent Attorney General and Auditor General offices, as well as enacting new legislation to create effective and efficient offices for the Anti-Corruption Commissioner and Ombudsman. Tonga was committed to establishing and strengthening these anti-corruption mechanisms.

18. With regard to establishing a human rights institution, Lord Vaea referred to a question from the United Kingdom about plans to establish a human rights institution. Lord Vaea said that Tonga was still not able to establish a national human rights institution, due to lack of resources. Government ministries and agencies respect and protect human rights collectively; however, Tonga recognizes the importance of establishing a human rights focal point within the Government, and hoped that donor partners would consider providing assistance for this initiative.

19. Concerning gender equality, Lord Vaea referred to a question from Norway as to steps taken to improve gender equality and empower women and to increase the number of women in decision-making positions. Lord Vaea stated that Tonga has made a significant commitment at the national, regional and international levels to promote gender equality, and has also carried out activities to maintain gender equality. He reported on the number of women that are in decision-making positions in Government, public enterprises, statutory boards, private businesses and churches.

20. Lord Vaea referred to a question from Slovenia as to whether a gender perspective had been integrated into Tongan policies. He stated that one of the objectives of the Tonga Strategic Development Framework, adopted in 2012, was to create strong inclusive communities by way of improving gender equality by implementing the Tongan Government’s gender development policy. He said that prosecution of domestic violence was carried out without exception and that the Tongan Government was processing a Family Protection Bill. A national study on domestic violence against women was carried out in March 2012. He said that the Public Service Commission had increased the maternity leave period and created paternity leave. He also reported that the Tonga Defence Services now retains soldiers who marry and have children, and that there were women commissioned officers in the Tonga Defence Services and the Tonga Police.

21. Lord Vaea referred to a question from the United Kingdom as to why Tonga had not ratified the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and about plans to become a party to the Convention. Lord Vaea said that in December 2011, Tonga had decided to ratify the Convention with reservations, following a nationwide consultation to reach a consensus on the reservations and the way forward for ratification. He then explained the privileges that women enjoyed as part of Tongan social life and said that any change would have to be managed carefully so as not to change Tongan culture drastically and to avoid disharmony. He stated that it was hoped that the consultation would be completed together with the enactment of the Family Protection Bill.

22. Referring to a question from Spain as to what issues the reservations to the Convention would cover, Lord Vaea said that they would likely cover succession rights, abortion, land ownership and same sex marriage. He highlighted that these were all sensitive issues in Tonga which needed to be fully canvassed by all stakeholders before the Convention can be ratified.

23. Referring to a question from Norway as to measures taken by Tonga to ensure equality between men and women in relation to ownership of land and property, Lord Vaea stated that the right of women to land was still an issue under consideration, given Tongan culture and the current land tenure system. However, he stated that a Royal Commission of Inquiry had made recommendations to amend the land laws to allow women more access to land.

24. Regarding the promotion and protection of human rights, education and public awareness, Lord Vaea reported that Tonga had undertaken numerous training programmes, with the assistance of specialized regional organizations and donor agencies. Tonga was also taking new initiatives to improve human rights for its citizens, such as the adoption of a freedom of information policy; proposed access to free legal representation and maintaining a high ranking in the UNDP human development index. Lord Vaea also reported that Tonga had benefited from human rights education and public awareness programmes offered by the Pacific Regional Rights Resource Team of the South Pacific Community, the Governments of New Zealand and Australia and UNDP.

25. Regarding ratification of the core international human rights treaties and optional protocols, Lord Vaea stated that Tonga had not ratified the core human rights treaties and referred to the explanation given at the start of the presentation. He requested the Member

States to understand Tonga’s circumstances and to continue to assist Tonga in pursuing ratification of the treaties through the provision of technical assistance.

26. Concerning other questions that Tonga had received in advance, but which were not directly covered in the second national report, Lord Vaea referred to a question from Mexico as to what obstacles Tonga faced in effectively implementing previous UPR recommendations. He highlighted as main obstacles the lack of resources and the delicate balancing exercise of significant factors unique to Tonga.

27. Lord Vaea then referred to another question from Mexico regarding plans to prevent statelessness. He stated that Tonga had widened the scope of its nationality laws in 2007, and that more persons were now able to become Tongan citizens. He added that there has not been any cases of statelessness in Tonga. He said that naturalization is possible after five years of residence and knowledge of the Tongan language; however, the King has absolute discretion to grant Tongan nationality to any person at any time.

28. Lord Vaea referred to a question from Spain about Tonga’s opinion on the human right to drinking water. He said that Tonga had not voted in support of the resolutions on the human right to drinking water because it was not present during the voting, due to limited resources. He added that like many other small-island developing states, Tonga has limited and scarce natural resources, including water. Nevertheless, Tonga continues to make its own national efforts to deliver this crucial resource to its citizens as best as it can. Tonga is currently processing a Water Resources Bill in order to monitor and regulate water use. Any meaningful discussion on the right of access to clean water and adequate sanitation, including the scope of obligations, remain a matter of great importance to Tonga. Further, Tonga would be supportive of any efforts that involve calling on States, particularly developing countries, and international organizations to provide financial resources, build capacity and transfer technology to scale up efforts to provide safe, clean, accessible and affordable drinking water and sanitation for all.

29. Lord Vaea concluded the opening statement by stating that Tonga remained committed to improving the level of its human rights obligations, and requested States to understand and appreciate the unique circumstances Tonga faces in advancing human rights protection. He also requested States to assist and support Tonga in advancing human rights, in particular with regard to gender equality, persons with disabilities and any other human rights that States were willing to assist Tonga with. Lord Vaea expressed his appreciation to the Working Group for its attention and wished it well for the work to be accomplished over the next few weeks and the rest of 2013.

B. Interactive dialogue and responses by the State under review

30. During the interactive dialogue, 40 delegations made statements. Recommendations made during the dialogue are to be found in section II of the present report.

31. Indonesia was encouraged by Tonga’s constitutional and political reforms to strengthen democracy. It commended Tonga’s willingness to obtain international assistance to support democratic reform. It welcomed the enactment of legislation to eradicate institutional violence, but noted that human rights education for public officials was still necessary. It commended steps taken towards the ratification of CEDAW. Indonesia made recommendations.

32. Italy commended Tonga for the de facto moratorium on executions since 1982 and called for a total abolition of the death penalty. It regretted that Tonga had not yet acceded to numerous core international human rights instruments and encouraged the country to urgently remove all obstacles preventing its ratification of the International Covenant on

Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). Italy made recommendations.

33. Japan welcomed the enactment of constitutional and electoral reform legislation and the freedom of information policy. It welcomed the campaign to combat domestic violence and efforts made towards ratifying CEDAW. Japan noted that Tonga had not submitted its first report to the Committee on the Rights of the Child and hoped that it would do so as soon as possible. It made a recommendation.

34. Latvia thanked Tonga for its comprehensive report and welcomed the positive steps taken to demonstrate its commitment to human rights. It referred to the issue of standing invitations to the special procedures of the Human Rights Council, which it had addressed during Tonga’s last review. It made recommendations.

35. Malaysia was encouraged by Tonga’s efforts to balance respect for civil and political rights with that of social and cultural rights. It commended Tonga’s achievements

in education. It considered that the Government’s determination to improve protection and

promotion of human rights in the country should be acknowledged and called on the international community to support the Government’s request for technical assistance.

36. Maldives commended Tonga for its constitutional and political reforms. It welcomed Tonga’s efforts to accede to CEDAW and the appointment of women to high-level positions. It noted with satisfaction the implementation of recommendations regarding gender violence. Lack of funding is a major challenge for Tonga; Maldives therefore called on the international community to extend its support to the country.

37. Mexico welcomed Tonga’s efforts to strengthen the democratic process and trusted that those actions would result in increased protection and promotion of human rights. Mexico noted measures taken to implement previous recommendations, including the introduction of legislation to combat corruption. It encouraged Tonga to intensify efforts to ratify the human rights instruments it has not yet ratified and to bring its legislation into line with them. Mexico made recommendations.

38. Morocco commended Tonga on the progress achieved towards creating a human rights infrastructure and supported efforts made by the complaints commissioner. It congratulated Tonga on the report on land issues and asked whether women’s access to

urban property might be extended to rural areas. It requested information on the status of national consultations to incorporate human rights at different levels of public education.

39. New Zealand noted that, despite Government efforts, there was not equal participation between men and women in various areas of contemporary life. It welcomed measures taken and progress made in drafting legislation to protect women from violence and remained committed to supporting Tonga in that area. It made recommendations.

40. Norway noted that Tonga’s commitments to ratifying important human rights conventions had not been implemented. It expressed concern about reports of high levels of domestic violence and the fact that marital rape was not criminalized. It was also concerned that Tonga’s legislation discriminated against women in the field of inheritance. Norway noted that Tonga had not used capital punishment since 1982. It made recommendations.

41. The Philippines noted that Tonga has yet to accede to certain international conventions. It trusted that Tonga would attend to the need to protect vulnerable groups. It noted, despite the lack of adequate legislation in the area, the progress made to combat domestic violence, and encouraged Tonga to intensify efforts to protect the rights of women and children. It made recommendations.

42. Singapore commended Tonga’s commitment to promoting and protecting human rights. It noted Tonga’s efforts to eliminate violence against women, including a national

study on domestic violence and cooperation with regional and relevant United Nations organizations. It also noted Tonga’s achievements in improving access of the population to

education and the fact that Tonga was on track to meet Millennium Development Goal 2. It made recommendations.

43. Slovakia welcomed the implementation of legislative reforms and the establishment of a new parliamentary system. It appreciated Tonga’s efforts to tackle discrimination and

violence against women. It noted Tonga’s recognition of an absolute prohibition of torture

since 2007 and acknowledged the establishment of a standards unit to address police conduct. It made recommendations.

44. Slovenia, with regard to the integration of a gender perspective in Tongan policies, noted positive developments in the protection of women’s rights, such as the establishment of the National Domestic Violence Unit. It observed that Tonga was unlikely to achieve Millennium Development Goal 3 in a timely manner. Slovenia noted that the age of criminal responsibility in Tonga was 8 years, which was below the international standard. It made recommendations.

45. Spain highlighted the significant improvement of political rights in Tonga since the 2009 constitutional reform and applauded Tonga’s openness to technical cooperation. The

identification of an agency or executive ministry to guarantee coordination with international human rights organizations would be instrumental in improving the human rights situation in the country. It made recommendations.

46. Switzerland noted with satisfaction that Tonga had accepted its recommendations regarding ratification of international human rights treaties, but four years following the agreement to ratify those treaties, little progress has been made in that regard. It noted with interest the discussion on ratification of CEDAW but believed that all countries should ratify the core treaties. It made a recommendation.

47. Thailand congratulated Tonga for the progress achieved in human rights through significant political reforms. It welcomed Tonga’s consideration of the establishment of a national human rights institution and ratification of various treaties and urged the country to accede to CEDAW and other human rights instruments. It commended the Government’s

commitment to empower and eliminate violence against women. It made recommendations.

48. Timor-Leste commended Tonga for strengthening democratic institutions and improving access to education. It noted, however, that the age of majority differed among various segments of the Tongan population. It noted that national consultations were being carried out to accede to CEDAW with a reservation and hoped that Tonga would soon accede to the Convention and withdraw its reservation. It made recommendations.

49. Trinidad and Tobago congratulated Tonga on the constitutional and political reforms made and encouraged Tonga to build on those foundations. It noted with satisfaction the efforts made with a view to achieving gender equality and protecting women’s rights and to

strengthening human rights education. It applauded Tonga for actively engaging in climate change issues at the regional and international levels. It made recommendations.

50. Turkey commended Tonga’s efforts to accede to core international treaties and encouraged Tonga to continue in that vein. It welcomed dialogue aimed at establishing a human rights mechanism at the national level. Turkey welcomed also the decision to review legislation on violence against women and children and hoped that new legislation addressing all forms of domestic violence would be enacted. It made a recommendation.

51. The United Kingdom of Great Britain and Northern Ireland encouraged Tonga to establish a human rights institution in compliance with the Paris Principles. It called on Tonga to take steps to advance the legal position of women and asked how Tonga planned to address discriminatory rules against women. While taking note of Police Act 2010, it

was concerned about allegations against police officers, and urged Tonga to take further measures in this regard, and to repeal all provisions that criminalize consensual same-sex conduct. It made recommendations.

52. The United States of America was concerned about Tonga’s failure to adequately combat domestic violence and discrimination against women. It commended the Police Force and the Ministry of Justice for adopting a “no drop” policy. Conversely, it was concerned that children born in wedlock cannot be legally and fully adopted and that consensual sex between same sex adults is criminalized. It made recommendations.

53. Uruguay acknowledged Tonga’s accession to ICCPR and ICESCR. It was concerned that Tonga was not a party to CEDAW and considered that Tonga’s accession to this convention would be an important step in adjusting national standards to universal standards. It made recommendations.

54. Viet Nam noted the efforts and seriousness of Tonga in protecting and promoting human rights and in implementing the recommendations of the UPR first cycle. It commended Tonga, a developing country, on achievements in constitution building, legislative reform and implementation of the Millennium Development Goals. It made recommendations.

55. Algeria noted Tonga’s legislative reforms and the establishment of a new parliamentary system. However, it also noted that, while Tongan Courts already apply some core human rights conventions, ratification would be useful to their further advancement. It appreciated Tonga’s positive steps in promoting women’s participation in public life. However, no women have yet been elected to Parliament and their economic empowerment faces persistent challenges in relation to low employment levels and wage gaps. It made recommendations.

56. Angola acknowledged legislation adopted regarding the rights of persons with disabilities and the right to education, and welcomed the efforts made by Tonga in promoting and protecting the rights of women, including those pertaining to employment, and especially the new policy of the civil service commission, which includes increased maternity leave for civil servants. It also welcomed Tonga’s Strategic Development Framework 2011-2014, including greater autonomy for women. It made a recommendation.

57. Argentina congratulated Tonga on the establishment of the Food, Women and Community Youth Development Division and commended the implementation of the Young Emerging Leaders Programme aimed at preparing young people to be human rights defenders. It made recommendations.

58. Australia commended Tonga’s reforms since 2010. It considered that Tonga needs to extend its efforts to fully achieve Millennium Development Goal 3, despite its progress to meet gender equality in education. Australia commended Tonga’s efforts to promote gender equality and for progressing work on a Family Protection Bill, nevertheless, rates of domestic violence remain high. Australia noted that the death penalty remains applicable; however, it recognized that Tonga is abolitionist in practice. It made recommendations.

59. Bhutan applauded Tonga’s strides in meeting the challenges and constraints it faced by promoting the political, economic and social rights of its population and protecting women, children and persons with disabilities, including the reforms of 2010. It noted Tonga’s efforts to advance the position of women and combat gender-based violence and discrimination. It made recommendations.

60. Brazil appreciated the reforms initiated in Tonga, including the information policy of 2012. It welcomed Tonga’s submission to public consultation of a bill to address violence against women; adoption of this bill would be an important step towards further protection of human rights. It also welcomed Tonga’s efforts to accede to CEDAW. It

asked Tonga to consider reviewing the legal age of majority to ensure social equity in this respect. Brazil made a recommendation.

61. Burundi strongly encouraged Tonga to pursue its policy to combat violence against women and corporal punishment inflicted on children. It welcomed Tonga’s efforts in fighting discrimination based on social class, religion and race. Furthermore, it encouraged Tonga to ensure that its labour code is actually enacted. Burundi made recommendations.

62. Canada noted Tonga’s progress in combating corruption. It asked what specific steps has been taken to improve governance, and what further steps are planned in this respect as well as to eventually eliminate graft in the public sector. It welcomed the reforms introduced in 2010, which should be consolidated to eventually lead Tonga to become a fully representative democracy. Canada remained concerned that freedom of speech and the press are not always protected in practice. It made recommendations.

63. Chile stated that Tonga’s extremely vulnerable status with regard to climate and sea level variations imposes on its authorities a duty to confront such challenges, with the technical assistance of the international community. Chile appreciated the legislative reforms on violence against women and children, and the process initiated to discuss and adopted a comprehensive legislation to combat domestic violence. It made recommendations.

64. China appreciated Tonga’s efforts to promote and protect human rights, including gender equality, elimination of violence against women and human rights education for the police. It noted that Tonga has signed CRPD and is considering accession to CEDAW. Taking note of the challenges faced by Tonga, China considered that the international community should provide Tonga with necessary financial and technical assistance in support of its social and economic development. It made a recommendation.

65. Costa Rica took note with satisfaction of the democratic reforms implemented by Tonga to gradually promote equity. It also highlighted Tonga’s human rights training for police, security and penitentiary personnel. It was concerned at Tonga’s poor ratification record of international human rights instruments and weak legal framework to protect human beings. It made recommendations.

66. Cuba recognized Tonga’s progress in seeking better protection and promotion of human rights for all its citizens and specifically stressed progress in the area of human development indicators, the fight against poverty and health system improvement, despite financial limitations. Cuba welcomed the high level of literacy and advancement in higher education in Tonga. It made recommendations.

67. Estonia recognized the importance of the human rights agenda in Tonga. It invited Tonga to show strong commitment to justice and the rule of law, to ratify the Rome Statute of the International Criminal Court and fully align its legislation therewith, to accede to the Agreement on the Privileges and Immunities of the Court and to protect women’s rights. It commended Tonga on its freedom of information policy, while encouraging it to take further steps with regard to freedom of expression and information. It made recommendations.

68. France noted that Tonga has ratified only very few international human rights instruments and that no progress has been made in that area since Tonga’s UPR in 2008. It made recommendations.

69. Guatemala highlighted Tonga’s progress to combat domestic violence, despite the lack of national legislation on domestic violence or the criminalization of marital rape. It encouraged Tonga to continue presenting information on the achievements of its National Domestic Violence Unit. The Tongan Supreme Court has upheld absolute prohibition of

torture, despite Tonga’s non-ratification of the international convention against torture and its lack of legal provisions thereon. It made a recommendation.

70. Hungary noted with satisfaction the progressive developments in Tonga, including democratic elections in 2010, women’s increased participation and incorporation of

international human rights standards into police training curricula. It welcomed the steps taken to ensure equality in education, health care and employment for women and persons with disabilities, although gender discrimination persists with regard to land ownership and inheritance. Hungary noted that Tonga has not yet ratified CAT. It made a recommendation.

71. Lord Vaea of the Tonga delegation thanked States for the warm reception of Tonga’s second national report and the efforts to provide useful and valuable

recommendations. He added that the immediate response by the delegates would encourage Tonga to continue its commitment to human rights. He stated that the recommendations offered were consistent with Tonga’s objectives and indicated that most of the recommendations would be considered favourably.

72. Lord Vaea stated that Tonga would definitely take the recommendations to heart and would work to prioritize what it can achieve in the near future, leaving other recommendations as a goal for achievement further down the track.

73. Tonga, however, wished to provide the following brief comments about some of the interventions.

74. Regarding rape within a marriage, the Criminal Offences Act was amended in 1999 and criminalizes rape in marriage.

75. Regarding ratification of the Rome Statute, Tonga is in the process of obtaining a policy decision to sign the Rome Statute.

76. Concerning Brazil’s enquiry regarding reviewing the legal provisions for the age of maturity, Tonga stated that there is a general provision relating to the age of maturity for the nobility in the Constitution and there are other provisions in the criminal, land and other contexts that provide for maturity for all. So far this has not being a legal issue in Tonga, but it will review the situation and consider whether to have one general provision for age of maturity and realign the other legal provisions.

77. Concerning the question from Canada regarding corruption, Tonga is continuing to strengthen anti-corruption measures by proposing an overarching Good Governance Commission to support the Anti-Corruption Commissioner and the new Ombudsman in their activities, while at the same time maintaining their independence. Within the public service, the Audit Office regularly audits Government ministries and agencies. The Public Service Commission is also effective in combating corruption within the public service.

78. In closing, Lord Vaea thanked the Secretariat and translation staff for their assistance.

II. Conclusions and/or recommendations**

79. The recommendations formulated during the interactive dialogue and listed below enjoy the support of Tonga:

79.1. Expedite the ratification of the CEDAW (Bhutan);

** The conclusions and recommendations have not been edited.

79.2. Accelerate its efforts to ratify CEDAW (Indonesia);

79.3. Complete its procedure to accede to CEDAW (Brazil);

79.4. Consider acceding to CEDAW (Philippines);

79.5. Ratify CEDAW and adopt legislation to protect victims of domestic violence (France);

79.6. Continue its efforts for the ratification of CEDAW and ratify the Convention at the earliest possible date (Japan);

79.7. Take steps to ratify ICCPR, ICESCR, CEDAW and CAT (Norway);

79.8. Ratify in particular the two international Covenants, concerning on the one hand, the Economic, Social and Cultural Rights, and on the other hand, the

Civil and Political Rights; CEDAW and CAT (Switzerland);

79.9. Ratify core international human rights treaties, including the ICCPR, ICESCR, CEDAW (Algeria, Viet Nam) and its protocol, the optional protocols

to the CRC, and CAT (Timor-Leste);

79.10. Ratify CEDAW (Australia, United Kingdom), CAT (United Kingdom of Great Britain and Northern Ireland), ICESCR, as well as ICCPR and CAT

(Turkey);

79.11. Ratify the ICCPR (Chile);

79.12. Examine the possibility of ratifying CED, CAT and its Optional Protocol, CEDAW and its Optional Protocol, ICESCR, ICCPR and CRPD

(Convention on the Rights of Persons with Disabilities) and its Protocol

(Argentina);

79.13. Ratify both the CRPD and its Optional Protocol before the next UPR cycle (Hungary);

79.14. Ratify the Rome Statute of the International Criminal Court and fully align its legislation with all obligations under the Rome Statute (Latvia);

79.15. Ratify the core international human rights instruments as well as the Rome Statute of the ICC (France);

79.16. Accede to the Rome Statute of the International Criminal Court and ratify the CAT (Costa Rica);

79.17. Ratify and implement the CRPD (Mexico);

79.18. Consider ratification of the third Optional Protocol to the CRC on a communication procedure (Slovakia);

79.19. Accede to the Rome Statute of the ICC and its Agreement on Privileges and Immunities (Slovakia);

79.20. Ratify the Rome Stature of the ICC and accede to the Agreement on the Privileges and Immunities of the ICC (Estonia);

79.21. Consider ratifying core international human rights conventions, especially ICMW (International Convention on the Protection of the Rights of

All Migrant Workers and Their Families) as well as ILO Convention 189

(Decent Work for Domestic Workers) (Philippines);

79.22. Ensure equal public participation through the introduction of a universal legal age of majority for all Tongan (Timor-Leste);

79.23. Continue the momentum on the democratization process and improve the current policies and measures to ensure the equality and the full enjoyment

of human rights and fundamental freedoms for all people, in particular the

social vulnerable groups, like women and children (Viet Nam );

79.24. Continue to defend the fundamental values enshrined in its constitutional history and its tradition in its efforts to ensure the full enjoyment

of all human rights, in particular economic, social and cultural rights (Cuba);

79.25. Continue to promote its social and economic development and try to eliminate poverty so as to lay a solid foundation for the full enjoyment of all

human rights by its population (China);

79.26. Continue to develop its legal and institutional framework with respect to the promotion and protection of human rights (Bhutan);

79.27. Accede to the international human rights covenants and seek the support of OHCHR for the process of implementation of these treaties at the

national level (Uruguay);

79.28. Promote the ratification of the different international human rights instruments most of which have not been ratified by the country, and continue

to cooperate with the Human Rights Council and its mechanisms (Guatemala);

79.29. Extend a standing invitation to the special procedures (Guatemala);

79.30. Consider extending a standing invitation to all the special procedures mandate holders of the Human Rights Council (Latvia);

79.31. Intensify its efforts on human rights and environment with the newly appointed Independent Expert on Human Rights and Environment of the

Council (Maldives);

79.32. Promote equality between sexes (Burundi);

79.33. Prioritize gender equality initiatives within its Tonga Strategic Development Framework and intensify its efforts to increase women’s

participation at all formal decision-making levels (New Zealand);

79.34. Take affirmative action to increase women’s participation in political life (Slovenia);

79.35. Further develop concrete measures or steps to expand the representation of women in Government and Parliament as well as to other

decision-making positions, as appropriate (Thailand);

79.36. Take further measures aiming at promoting women participation in public life and particularly their representation in Parliament (Algeria);

79.37. Adopt the draft Family Protection Bill (Maldives);

79.38. Enact a law criminalizing domestic violence and providing specific penalties for cases of domestic violence (United States of America);

79.39. Introduce and implement a comprehensive legal framework that protects women and girls against all forms of gender-based violence (Norway);

79.40. Prioritize legislation and domestic policies aimed at eliminating domestic violence and protecting women’s rights and gender equality,

particularly in relation to property, family and employment (Australia);

79.41. Take steps to prevent incidents of discrimination and violence against women (Canada);

79.42. Strengthen its efforts to combat violence against women, and in particular work with civil society to address the societal attitudes and behaviors

that underlie high rates of domestic violence (New Zealand ); With the support

of the international community, continue to enhance efforts to combat violence

against women (Singapore);

79.43. Adopt measures to fight against all forms of violence against women, in particular, criminalize domestic violence and sexual harassment (Spain);

79.44. Abolish any statutory provision which authorizes corporal punishment, in particular when the convicted is a child (Italy);

79.45. Examine the possibility of enshrining the prohibition of torture in its legal framework (Argentina);

79.46. Take measures to reinforce protections for freedom of expression in practice, including guaranteeing freedom of the press and Internet freedom

(Canada);

79.47. Provide national, regional and international support to the promotion and universal realization of the human right to potable water and sanitation, in

accordance with the recommendations made by the Council in its different

resolutions on this matter (Spain);

79.48. Facilitate the access of women to sexual and reproductive health services (France);

79.49. Continue its progress in the field of human rights education through increasing further international and regional cooperation (Indonesia);

79.50. Continue pursuing its efforts in upholding respect for human rights and the well-being and development of its people through education, in line

with its Education Policy Framework 2004-2019 (Malaysia);

79.51. In cooperation with UNESCO and other relevant organizations, continue to step up efforts to improve access to quality education (Singapore);

79.52. Continue the policy of free and compulsory education through cooperation with and assistance from the international community (Bhutan);

79.53. Reform the Nationality Act to include safeguards against statelessness, so that children born in Tonga’s territory, who would otherwise be stateless,

can acquire Tongan nationality (Slovakia);

80. The following recommendations enjoy the support of Tonga which considers that they are already implemented or in the process of implementation:

80.1. Continue its efforts in implementing constitutional and democratic reforms (Malaysia);

80.2. Immediately criminalize rape within marriage (Norway);

80.3. Adopt a specific domestic violence legislation to criminalize rape in marriage (Italy);

81. The following recommendations will be examined by Tonga which will provide responses in due course, but no later than the twenty-third session of the Human

Rights Council in June 2013:

81.1. Establish a national human rights institution in conformity with the Paris Principle (Burundi) to monitor Government action in this area, advise on

legislation and the application of international human rights instruments,

facilitate interaction with international and regional organizations, promote

human rights education and file legal complaints (Uruguay);

81.2. Seek the support of the international community for the establishment of a national human rights institution and finalize the revision of its

constitution (Angola);

81.3. Continue its efforts to create a national human rights institution (Turkey);

81.4. Give consideration to implement laws prohibiting sexual discrimination and affirmative action policies aimed at increasing women’s

participation in Parliament (Trinidad and Tobago);

81.5. Examine the possibility of strengthening measures to eliminate all discriminatory treatment related to sexual orientation or gender identity

(Argentina);

81.6. Bring its national legislation into conformity with its commitment to equality and non-discrimination, by repealing the provision in the Penal Code

to criminalize sexual relations between consenting adults of the same sex

(Norway);

81.7. Decriminalize consensual sexual relations between same-sex adults, and combat cases of discrimination against those persons (Spain);

81.8. Repeal the provisions of the Tongan Criminal Offences Act criminalizing consensual sex between adults of the same gender (United States

of America);

81.9. Amend its legislation to repeal laws which criminalize consensual adult same-sex relations (Canada);

81.10. Abrogate all penal provisions criminalizing sexual relations between consenting adults of the same sex (France);

81.11. Amend its legislation to include the principle of equality between men and women and give men and women equal rights of inheritance (Norway);

81.12. Repeal legislation that deprives women from some rights, such as the right to inheritance and land ownership (Chile);

81.13. Enact legislation to prohibit discrimination on the basis of gender, including with regard to land rights (Slovenia);

81.14. Develop a more gender balanced land ownership law, building on the recommendation of its Royal Land Commission regarding land allotment

(Hungary);

81.15. Take the necessary steps to abolish the death penalty (Norway);

81.16. Proceed to a formal and effective abolishment of death penalty through the ratification of the 2nd Optional Protocol to the ICCPR (Spain);

81.17. Ratify ICCPR and its Second Optional Protocol (United Kingdom of Great Britain and Northern Ireland);

81.18. Abolish the death penalty (Australia) and ratify ICCPR and its Second Optional Protocol (Australia, United Kingdom of Great Britain and Northern

Ireland);

81.19. Abolish the death penalty, considering the existence of the de facto moratorium (Chile);

81.20. Adopt a moratorium on executions with a view to the definitive abolition of the death penalty (France);

81.21. Take steps towards full abolition of capital punishment, with immediate effect in particular towards juvenile offenders (Slovakia);

81.22. Explicitly prohibit death penalty for offences committed by persons below 18 years of age, pursuant to the General Assembly resolution adopted on

20 December 2012 and Article 37 of the Convention on the Rights of the Child

(Italy);

81.23. Eliminate the use of corporal punishment as criminal punishment (Costa Rica);

81.24. Abrogate the penal provisions envisaging recourse to corporal punishment (France);

81.25. Raise the age of criminal responsibility to 12 years, and prohibit corporal punishment as a sentence of the courts for all persons, but especially

those under 18 years old at the time of the offence (Slovenia);

81.26. Raise age of criminal responsibility, in line with the Convention on the Rights of the Child and prohibit corporal punishment in all grounds (Mexico);

81.27. Consider incorporating the UN Rules for the Treatment of Women Prisoners and Non-Custodial Measures for Women Offenders, otherwise

known as the Bangkok Rules, as part of its work on the treatment of prisoners,

in particular the new Prisons Act 2010 (Thailand);

81.28. Give abandoned children born in wedlock the same rights and protections afforded to children born out of wedlock (United States of

America);

82. The recommendations below did not enjoy the support of Tonga:

82.1. Quickly (Italy) ratify CEDAW (Italy, Maldives, Slovenia);

82.2. Proceed swiftly with the ratification of CEDAW (Estonia);

82.3. Accede to CEDAW, without reservations that could be incompatible with the object and purpose of this Convention (Uruguay);

82.4. Intensify, as a matter of priority, efforts to effectively implement the standards of protection set out in CEDAW (Mexico);

83. All conclusions and/or recommendations contained in the present report reflect the position of the submitting State(s) and/or the State under review. They

should not be construed as endorsed by the Working Group as a whole.

Annex

[English only]

Composition of the delegation

The delegation of Tonga was headed by Lord Vaea, Minister of Internal Affairs, and composed of the following members:

• His Excellency Lord Vaea - Minister for Internal Affairs (Head of Delegation);

• Mr. 'Aminiasi Kefu - Solicitor General;

• Mr. Sonata Tupou - Charge d'Affaires, Tonga High Commission (London).