38/5 Report of the Working Group on the Universal Periodic Review - Tonga

GE.18-06001(E)



Human Rights Council Thirty-eighth session

18 June–6 July 2018

Agenda item 6

Universal periodic review

Report of the Working Group on the Universal Periodic Review*

Tonga

* The annex is being circulated without formal editing, in the language of submission only.

United Nations A/HRC/38/5

Introduction

1. The Working Group on the Universal Periodic Review, established in accordance

with Human Rights Council resolution 5/1, held its twenty-ninth session from 15 to 26

January 2018. The review of Tonga was held at the 2nd meeting, on 15 January 2018. The

delegation of Tonga was headed by the Solicitor General, Sione Sisifa. At its 10th meeting,

held on 19 January 2018, the Working Group adopted the report on Tonga.

2. On 10 January 2018, the Human Rights Council selected the following group of

rapporteurs (troika) to facilitate the review of Tonga: Angola, Slovakia and the United Arab

Emirates.

3. In accordance with paragraph 15 of the annex to Human Rights Council resolution

5/1 and paragraph 5 of the annex to Council 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.6/29/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.6/29/TON/2);

(c) A summary prepared by OHCHR in accordance with paragraph 15 (c)

(A/HRC/WG.6/29/TON/3).

4. A list of questions prepared in advance by Brazil, Germany, Liechtenstein, Portugal,

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 website of the

universal periodic review.

I. Summary of the proceedings of the review process

A. Presentation by the State under review

5. The delegation noted that, as a small Pacific island country, Tonga suffered from the

challenges of its small size, geographic isolation, natural vulnerability and fragility and its

limited human and financial resource base, which had a high cost in terms of social and

community services as well as economic development. Unfortunately, the process of

ensuring its compatibility and compliance with international human rights treaties

represented a huge demand on its limited capacity. Despite such challenges, many of the

underlying human rights principles enshrined in the core human rights conventions formed

the basis for many Tongan laws. In addition, Tonga remained committed to pursuing the

ratification of the core human rights conventions and intended to continue its active

participation in the universal periodic review process.

6. Tonga still had not made formal commitments to ratify the International Covenant

on Civil and Political Rights and the International Covenant on Economic, Social and

Cultural Rights, due to human and financial resource constraints. However, its legislation,

in particular its Constitution, enshrined many of the articles espoused in the International

Covenant on Civil and Political Rights. The Tongan courts also applied many of the human

rights conventions in determining court cases, such as the 2005 case of R v. Vola, which

had set an important and binding precedent in preventing arbitrary application of the death

penalty.

7. The principles underlying the provisions of the International Covenant on Economic,

Social and Cultural Rights had been incorporated into Tongan legislation, which included

laws on gaining access to adequate health care and the rights to education, to a decent

home, food and shelter, to fair wages and equal remuneration for equal value, and to take

part in cultural life.

8. The 2013 Education Act had established a new compulsory school age of 4 to18

years. Furthermore, it had imposed a legal duty on parents to educate their children, and

had introduced the principle of inclusive education for children with special needs and the

right of all children under the age of 19 years to have access to quality education in Tonga,

irrespective of the child’s gender, religion, socioeconomic status, physical condition or

location.

9. The Health Services Act 1991, the Medical and Dental Practice Act 2001, the

Mental Health Act 2001 and the Public Health Act 2008 protected the rights of a person to

have access to medical and health services in Tonga. The Ministry of Health was in the

process of reviewing some of these legal provisions to ensure compatibility with

international health standards.

10. In 2016, Tonga had become the 187th member of the International Labour

Organization (ILO), thereby reflecting its commitment to promoting and ensuring a decent

work environment and the progressive realization of international labour standards at the

national level. An employment relations bill 2013 had been drafted and was in the process

of full public consultation.

11. On the issue of ratification of the Convention on the Elimination of All Forms of

Discrimination against Women, Tonga had announced that it was ready to ratify the

Convention at the fifty-ninth session of the Commission on the Status of Women, held at

United Nations Headquarters on 12 March 2015. However, due to public protests, Tonga

had had to defer the ratification process for further consultation. Through targeted and

strategic consultations, Tonga continued to move towards ratification. In addition, the

underlying principles of the Convention were being addressed through projects linked to

the commitments of Tonga to the 2030 Agenda for Sustainable Development. For Tonga,

the ratification of the Convention on the Elimination of All Forms of Discrimination against

Women was an ongoing process and represented a generational change.

12. Tonga had a liberal maternity leave policy for public service employees, with three

months’ paid maternity leave and five working days’ paternity leave. Tonga supported

women’s economic empowerment activities through the identification of key women’s

economic empowerment priorities in the National Community Development Plans, the

sourcing of existing training opportunities and identification of funding as well as

additional training as required. Furthermore, Tonga planned to develop an electronic

registration system for community women’s development groups, strengthen networks and

build partnerships between stakeholder groups and donors, and help female entrepreneurs

to attend regional festivals and trade fairs. Women’s economic empowerment was a priority

issue for Tonga. In its view, an important means for eradicating poverty was the provision

of an environment that helped to ensure that women earned a decent income, were

represented in both the formal and informal sectors and were given equal opportunities and

education.

13. Tonga was implementing projects that addressed the issue of domestic violence,

which had been identified as a major impediment to gender equality.

14. In May 2017, Tonga had conducted a holistic justice sector review and public

consultation, which had led to the identification of projects to give women and children and

vulnerable members of society and persons with disabilities better access to justice.

15. In December 2016, Tonga had set up a criminal policy Cabinet subcommittee to

examine, analyse and address the issues of violence against vulnerable members of society,

such as women, children, the elderly and persons with disabilities.

16. In Tonga, women and men generally received equal pay for equal employment

levels, for instance within the public service. The Tongan Armed Forces had recently

reviewed their employment policies to ensure gender equality.

17. Tonga had no discriminatory legislation in relation to the participation of women in

politics. However, women were less successful in securing membership in the Legislative

Assembly. For example, in 2014, 16 of the 106 candidates in the general elections had been

women. In the 2017 elections, only 15 of the 86 candidates had been women. One of the

identified weak areas related to their techniques in campaigning and lobbying for votes.

Accordingly, joint programmes were being run to help women to strengthen their

campaigning techniques. In 2014, the Legislative Assembly had held the first ever Practice

Parliament for Women, a United Nations Development Programme-backed event designed

to help women to become effective political leaders. In the 2017 general elections, the 26-

member Legislative Assembly had welcomed two successful female candidates to its ranks.

18. Tonga had a dedicated division for all matters relating to women’s development and

empowerment issues under the Ministry of Internal Affairs. The Women’s Division was

instrumental in working together with all relevant ministries and civil society to oversee

and report on the effective implementation of the Family Protection Act 2013. Tonga was

committed to gender equality and women’s empowerment through the implementation of

the Act and the Revised National Policy on Gender and Development. New initiatives in

2017 had included gender mainstreaming activities in key ministries.

19. In September 2015, the third and final report of Tonga on the Millennium

Development Goals had been submitted to the United Nations, 1 showing progress in

eliminating gender disparity in primary and secondary education.

20. In 2015, Tonga had introduced the Tonga Strategic Development Framework 2015–

2025. One of the Framework’s seven national outcomes was for human development to be

more inclusive, sustainable and empowering, with an emphasis on gender equality.

21. In July 2017, Tonga had been represented at a workshop and consultation meeting

on gender training needs and design and gender profile information entitled “Promoting

Evidence-Based Policymaking for Gender Equality”, organized by the Asian Development

Bank. The workshop was aimed at developing national capacity for gender mainstreaming

in health, fostering discussions on the role of statistics and gender indicators in decision-

making, and identifying priorities for training and capacity-building.

22. Tongan women were increasingly represented in managerial and higher

administrative positions, both within the Government and the private sector. Since 2013, 13

women had held or were holding senior positions in Government.

23. Tongan women also held diplomatic positions overseas. To date, the High

Commissioner of Tonga to Australia, the Ambassador of Tonga to Japan, the Tonga Consul

General in San Francisco, United States of America, and the Tongan Honorary Consuls for

France, the Netherlands and Sweden were women.

24. Women held positions as directors, deputies or members on various public

enterprise boards, including the Tonga Communications Corporation, the Tonga

Broadcasting Commission, the Tonga Water Board, Tonga Post and Fast Print Limited,

Tonga Airports Limited, Tonga Market Limited and the Ports Authority.

25. Tongan women also featured prominently in the private sector as successful owners

and managers of small to medium businesses, including retail stores, cafés and restaurants,

hotels, resorts and tourist facilities, catering services, handicraft and local produce market

stalls, preschools and day-care child services.

26. Tongan women also held leadership roles in regional and international

organizations. For instance, in May 2017, a Tongan woman had been appointed to the

position of High Representative for the Least Developed Countries, Landlocked

Developing Countries and Small Island Developing States, the first Tongan to hold such a

senior position in the United Nations.

27. In May 2014, Tonga had launched its Revised National Policy on Gender and

Development as a result of a joint partnership between the Government, the private sector,

civil society, the community and development partners.

28. In June 2017, Tonga had established a committee comprising relevant ministries,

departments and agencies to consider the ratification of the Convention against Torture and

Other Cruel, Inhuman or Degrading Treatment or Punishment and to review relevant

1 Available at www.finance.gov.to/sites/default/files/Tonga%203rd%20MDG%20Report%

20FINAL%20COPY%20%28003%29.pdf.

legislation. Tonga had actively participated in relevant workshops in the region, such as the

Convention against Torture Initiative regional workshop held in Fiji in October 2016, and a

round-table meeting with the Initiative and OHCHR, in October 2017.

29. Although Tonga had legal provisions allowing whipping as a form of sanction,

whipping was no longer considered an option for sentencing. In that regard, Tonga referred

to the 2010 case of Fangupo v. R.

30. In Tonga, the Education (Schools and General Provisions) Regulations 2002

prohibited teachers from inflicting corporal punishment on any student. Furthermore, the

Family Protection Act 2013 protected women and children from abuse and domestic

violence.

31. Tonga did not tolerate police brutality. Since the enactment of the Tonga Police Act

2010, there had been a decrease in the rate of civil cases against the Tongan Police, mainly

due to the internal disciplinary processes and procedures within the Act. The Ombudsman’s

Office also provided an effective external mechanism within the political framework to deal

with complaints against the police, which included police brutality.

32. On 6 June 2014, the National Policy on Disability and Inclusive Development 2014–

2018 and the ratification of the Convention on the Rights of Persons with Disabilities had

been approved. On 20 January 2015, Tonga had established the Social Protection and

Disability Division under its Ministry of Internal Affairs as a focal point for persons with

disabilities. In 2016, the Division had worked together with the Tongan Attorney General’s

Office to review legislation to expedite ratification of the Convention. In 2017, the Division

had conducted public consultations to raise awareness prior to the ratification. In June 2017,

the Division had received technical assistance from the Pacific Islands Forums Secretariat

and Pacific Office of the Economic and Social Commission for Asia and the Pacific to

examine the ratification and legislative implementation of the Convention. In addition, the

Attorney General’s Office had used its 2016 Law Week as a public awareness programme

to highlight the rights of persons with disabilities. Legal provisions were already in place to

enable persons with disabilities to enjoy the same political and social rights as all citizens.

33. Tonga continued to review and revise its Constitution to ensure that it enshrined

recognized international principles of democracy and good governance. The Government’s

constitutional review projects had been technically and financially assisted by the

Commonwealth Secretariat.

34. In 2016, the Legislative Assembly had established a formal procedure for no-

confidence votes to avoid delaying substantive work in processing legislation.

35. In November 2014, Tonga had held its second national election under the electoral

system introduced in 2010. On 29 December 2014, Samuela ‘Akilisi Pohiva had been

appointed by the King of Tonga as the second elected Prime Minister of Tonga under the

2010 political reforms. He had also become the first commoner to be democratically elected

by a predominantly elected Parliament. In a further general election, held on 16 November

2017, the Democratic Party of the Friendly Islands (Paati Temokalati ‘o e ‘Otumotu

Anga’ofa), led by Mr. Pohiva, had been re-elected, as a result of which Mr. Pohiva had

been re-elected as the third Prime Minister under the framework of the electoral changes

introduced in 2010.

36. Tonga acknowledged the right of its “leiti” community to raise public awareness,

educate and organize programmes and projects to highlight the concerns and issues of

lesbian, gay, bisexual, transgender, intersex and questioning persons. However, the

historical cultural and religious beliefs of Tonga, although tolerant, did not recognize the

legal status of same-sex relationships. The Tonga Leitis Association had been established in

1992 with a focus on improving the rights and celebrating the contribution of leitis in

Tonga and on responding to the HIV pandemic. In 2016, it had launched a strategic plan for

the period 2016–2020, with a vision for Tonga to respect and uphold the rights of persons

with diverse sexual orientations and gender identities. One of the main goals of the plan

was to reduce stigma and discrimination against leitis and people living with HIV. It also

aimed to educate and advocate on international human rights law, recent international

developments and agreed principles, such as the Yogyakarta Principles on the Application

of International Human Rights Law in relation to Sexual Orientation and Gender Identity.

37. The number of child marriages had dropped since the launch in May 2017 of a

campaign by the non-governmental organization (NGO) Talitha Project entitled “Let girls

be girls”. An analysis of the figures from May to December 2016 and the same period in

2017 indicated that the number of young people under 18 years of age getting married had

fallen by almost 50 per cent thanks to public awareness campaigns. One challenge that

Tonga faced in consultations relating to legislative changes in that area had to do with the

country’s fundamental Christian and cultural beliefs.

38. The freedom of information policy approved in 2012 had strengthened the freedom

of speech, expression and the press guaranteed in clause 7 of the Constitution. A freedom of

information unit had been established within the Ministry of Information and

Communication to coordinate all information disclosure and dissemination within the

public service, providing policy advice and guidelines for compliance with and the

implementation of the policy.

39. In support of the freedom of information policy, systems and structures had been

established, such as the freedom of information unit and the Cabinet steering committee, to

manage a phased process of implementation. One challenge that Tonga faced in the

development of a freedom of information bill was the Government’s lack of administrative

capacity to store and maintain the large number of physical records, both current and

historical in each Government ministry. That issue and the policy were being addressed by

Government ministries and organizations at the same time to ensure that, when the law

came into effect, the Government would be able to provide the relevant documents.

40. Accordingly, the Government had developed administrative and archival projects to

ensure safe storage and preservation of records. Two examples were the project within the

Ministry of Justice to digitize all civil registry information, with the assistance of the

Commonwealth Secretariat within the framework of its project to publish historical birth

records that were over 100 years old. Other ministries continued to provide access to

information via the Internet and the development of websites. For example, the Attorney

General’s Office ran a comprehensive website that published all of the laws of Tonga, as

well as gazettes and judgments of the courts. The Ministry of Meteorology, Energy,

Information, Disaster Management, Environment, Climate Change and Communications

ran a social media page on Facebook that provided information on government initiatives

and workshops. Furthermore, Tonga was planning to develop e-Government with the

assistance of the World Bank and the Asian Development Bank.

41. Tonga continued to provide free primary education for Tongan children attending

public primary schools. Efforts were being made to strengthen human rights education,

train public officials and involve civil society in the promotion and protection of human

rights through international and regional cooperation.

42. Tonga did not have the necessary resources to establish a national human rights

institution in accordance with the principles relating to the status of national institutions for

the promotion and protection of human rights (the Paris Principles).

43. For example, in a 2016 amendment to the Commissioner for Public Relations Act

2001, the Commissioner of Public Relations had been renamed the Ombudsman with a

view to ensuring that Tonga was in line with relevant international practice. The

Ombudsman’s Office was working to boost public awareness by conducting community

outreach programmes and running television broadcasts throughout the country, and those

efforts had led to an increase in the number of complaints received and successfully

addressed by the Office. One advantage of its small community was the fact that access to

Tongan government ministers, members of the Legislative Assembly and the constitutional

right to petition the King on human rights abuse were still feasible, easily accessible options

for the Tongan people.

44. In 2016, Tonga had introduced a cash assistance initiative for persons with

disabilities to promote social and economic development for the elimination of poverty. In

addition, Tongan NGOs had set up programmes through the Tonga Youth Employment and

Entrepreneurship initiative to encourage youth employment and support. Moreover, many

human rights were enshrined in the country’s current institutional frameworks and projects.

For instance, the Climate Finance and Risk Governance Assessment featured a gender and

social inclusion analysis.

45. The country’s plan for implementing the universal periodic review was as follows:

the recommendations made in the review were reported to the Cabinet, and the respective

ministries responsible for implementation were mandated to examine the feasibility of

incorporating them into their corporate and annual management plans. Progress on the

whole of the ministries’ mandate, including the relevant recommendation or

recommendations, was monitored quarterly and biannually, resulting in an annual report

presented and approved by the Legislative Assembly prior to publication. Tonga was

committed to implementing the recommendations and the Sustainable Development Goals

in its national plan, the Tonga Strategic Development Framework II 2015–2025. The theme

of the Framework, namely, “A more progressive Tonga: Enhancing our inheritance”,

presented the country’s new development framework and mainstreamed the

recommendations and the goals set out under the 2030 Agenda for Sustainable

Development into national outcomes. For those recommendations that had been approved

by the Government but not yet incorporated, a procedure existed to adapt the Tonga

Strategic Development Framework. A robust and vigorous process of monitoring and

evaluation took place quarterly, biannually and annually.

B. Interactive dialogue and responses by the State under review

46. During the interactive dialogue, 45 delegations made statements. Recommendations

made during the dialogue are to be found in section II of the present report.

47. Brazil congratulated Tonga on the entry into force of the Family Protection Act,

which recognized domestic violence as a legal offence, and encouraged Tonga to ensure

that the Act was fully implemented. It invited Tonga to continue efforts towards curbing

violence against women. It also invited Tonga to explore synergies in mainstreaming

women’s rights and empowerment while implementing the 2030 Agenda for Sustainable

Development. It recognized the establishment of the Ombudsman’s Office, an important

step towards the consolidation of democracy and the rule of law.

48. Canada commended Tonga on implementing measures to address discrimination and

violence against women and girls, such as the launch of a centre providing free legal advice

and support to survivors of domestic violence. While commending Tonga on the holding of

fair and peaceful national elections in November 2017, and noting the increased number of

female parliamentarians, Canada invited Tonga to consider measures to further foster

women’s participation in the forthcoming national election.

49. Chile urged Tonga to persevere in its efforts towards the ratification of the main

human rights international instruments, while highlighting measures to eradicate gender and

domestic violence and on the empowerment of women. Nonetheless, the representation of

women in political decision-making posts remained low.

50. China welcomed the progress made in Tonga in developing the country’s economy

to meet people’s needs, and in investing in education, including universal primary

education. It highlighted the commitment of Tonga to gender equality, protecting women’s

rights and fighting violence against women and children.

51. Côte d’Ivoire noted the persistent major challenges, particularly those regarding

gender equality, the rights of women, for example to gain access to property ownership, the

rights of children, prohibiting child marriages, and the rights of persons with disabilities. It

noted that Tonga had not yet ratified the main international human rights instruments.

52. Cuba highlighted the measures adopted to implement the recommendations Tonga

had accepted during the second review cycle. Cuba underscored the commitments made by

Tonga to increasing the participation of women in public life and to strengthening human

rights education and training for public officials.

53. Denmark noted that, while Tonga had accepted recommendations from the previous

review cycle to ratify the Convention against Torture, it had yet to do so. It also stated that,

by ratifying the Convention, Tonga would join with more than 160 States parties in

delivering an unequivocal message that torture could never be tolerated.

54. France encouraged Tonga to reinforce the progress achieved on human rights since

its previous universal periodic review.

55. Georgia welcomed the revision of the National Policy on Gender and Development,

while encouraging Tonga to strengthen its policies to further promote women’s rights and

prevent domestic violence. It also welcomed the establishment of a committee to consider

the ratification of the Convention against Torture and to review relevant legislation.

56. Germany commended Tonga on its recent accession to the International Labour

Organization. It expressed concern about the human rights situation of women and other

vulnerable groups, including people with disabilities and lesbian, gay, bisexual, transgender

and intersex persons.

57. Ghana underscored the establishment of a committee to consider the ratification of

the Convention against Torture and to review relevant legislation. It expressed concern that

Tonga had yet to accede to a significant number of core international human rights treaties.

58. Honduras welcomed the establishment of the Ombudsman’s Office and the adoption

of a national policy on gender and development. It encouraged Tonga to redouble its efforts

in that regard by strengthening the rule of law framework through the incorporation of the

main human rights instruments.

59. Iceland welcomed the positive steps taken by Tonga since its second universal

periodic review. It noted that, despite the recommendations Tonga had accepted to ratify

core international human rights treaties, no concrete progress had been made thus far.

60. India commended Tonga on the adoption of its Strategic Development Framework

2015–2025 to eliminate gender disparity in primary and secondary education. It

underscored the Family Protection Act 2013 as a welcome step aimed at providing greater

protection for victims of domestic violence.

61. Indonesia welcomed the establishment of a committee to consider ratifying the

Convention against Torture. It also welcomed the enactment in 2016 of an amendment to

the Commissioner for Public Relations Act (2001) in order to convert it into an

Ombudsman’s Office.

62. Ireland welcomed the issuance of a standing invitation to the Human Rights Council

special procedures. It noted that, since the second universal periodic review, Tonga had not

become a party to any additional core human rights conventions. It also welcomed the

enactment of the Family Protection Act (2013), which criminalized domestic violence

against women and children.

63. Italy commended Tonga on the adoption of the Family Protection Act (2013),

criminalizing domestic violence against women and children. It also appreciated the launch

of the Revised National Policy on Gender and Development, as well as the measures

adopted in favour of persons with disabilities.

64. Malaysia welcomed the commitment by Tonga to facilitating access to education,

including through the adoption of the Education Act 2013, which made education

compulsory between the ages of 4 and 18 years. It noted efforts to promote gender equality

and build greater gender awareness, including through the Strategic Development

Framework 2015–2025.

65. Maldives welcomed the adoption of the Family Protection Act (2013). It was

encouraged by the progress made in ensuring universal and inclusive primary education

with the adoption of the Education Act (2013) and the efforts by Tonga to improve access

to primary schooling for children, especially from low-income households.

66. Mexico recognized the implementation of the Revised National Policy on Gender

and Development to promote gender equality. It also welcomed the implementation of the

Integrated National Strategic Plan on Sexual and Reproductive Health 2014–2018. It

commended Tonga on the increase in the literacy rate to close to 99 per cent.

67. Montenegro welcomed the positive steps taken in the field of the legislative

framework for social and child protection and education, while encouraging Tonga to

improve the effective implementation of those steps. It noted the very low level of

ratification of the key international human rights instruments. It also encouraged Tonga to

improve its cooperation with the United Nations human rights mechanisms.

68. Morocco welcomed the revised national policy on gender equality, the law on the

protection of the family and the criminalization of marital rape. It welcomed the

commitment by Tonga to the integration of persons with disabilities, efforts to ensure

access to justice for all and the fight against torture, racial discrimination, corruption, child

pornography and cyberharassment of children.

69. Mozambique praised Tonga for the adoption of the Criminal Offences Act, which

criminalized marital rape, and for the official launch of Orange Day and the programme to

mark White Ribbon Day, both of which were initiatives to end violence against women. It

also welcomed the launch of the National Integrated Sexual and Reproductive Health

Strategic Plan (2014–2018) that aimed to attain a high standard of health and quality of

living through improved sexual reproductive health for all people.

70. The Netherlands welcomed efforts to raise awareness about the issue of child

marriage. It remained concerned about the position of lesbian, gay, bisexual, transgender

and intersex persons in Tonga, while urging the Government to take further measures in

that regard.

71. New Zealand commended Tonga on progress to increase participation by women in

Parliament and in government leadership positions. It also commended Tonga for passing

the Family Protection Act (2013) and for signing the Convention on the Rights of Persons

with Disabilities.

72. Panama commended Tonga on the progress made in the field of education, as well

as the significant steps taken to criminalize domestic violence and marital rape. It

encouraged Tonga to ratify the fundamental ILO conventions. It also noted that more

remained to be done in terms of gender and childhood.

73. The Philippines noted that elections had passed relatively smoothly, despite the

political disruption caused after the dissolution of Parliament. It acknowledged the

Government’s efforts to provide adequate laws and establish administrative mechanisms to

protect women and girls, particularly the criminalization of rape and domestic violence.

Furthermore, the Philippines proposed that Tonga prioritize the ratification of core

international human rights treaties, in particular the Convention on the Elimination of All

Forms of Discrimination against Women.

74. Portugal appreciated the presentation of the comprehensive national universal

periodic review report.

75. The Republic of Korea commended Tonga on the fact that the Constitution had been

amended to provide for better protection of human rights. It welcomed the efforts made to

achieve the Sustainable Development Goals, such as those relating to gender equality and

reduced inequalities.

76. Sierra Leone commended Tonga on adapting its national legislation in order to meet

its human rights commitments. It noted the various measures the Government had taken

since the previous review, including the New Education Act 2013 and the National Policy

on Disability and Inclusive Development 2014–2018. It encouraged Tonga to continue to

engage in national consultations in order to ratify the Convention on the Elimination of All

Forms of Discrimination against Women.

77. Singapore commended Tonga for its promotion and protection of women’s rights,

including the adoption of the Family Protection Act 2013 to curb domestic violence and the

expansion of women’s participation in social, economic, political life, as well as the steps

taken towards the ratification of the Convention on the Elimination of All Forms of

Discrimination against Women. It also welcomed the launching of the National Policy on

Disability and Inclusive Development 2014–2018 and the launch of the Revised National

Policy on Gender and Development. It remained committed to supporting the development

of Tonga through the technical cooperation package for small island developing States and

the sustainable development package, under the Singapore Cooperation Programme.

78. Slovenia noted with appreciation some positive measures taken by the Government

with regard to the participation of women in political and public life. It encouraged Tonga

to continue such efforts, especially by removing loopholes in national legislation and

encouraging the participation of women in economy and politics. It noted concerns about

the protection of children in criminal proceedings and the use of corporal punishment as a

sentence by the courts for all persons. It also expressed concern about reports that corporal

punishment remained widespread in the country, including in primary and secondary school

settings.

79. Thailand noted as positive the work by Tonga to promote women’s participation in

political life and decision-making. It welcomed the progress made to eliminate gender

disparity in primary and secondary education and the ongoing implementation of the

revised National Policy on Gender and Development. It also noted as positive the increase

in the number of female prison officers and human rights training for prison officers.

80. Timor-Leste welcomed the adoption of a New Education Act that provided for

compulsory education between the ages of 4 and 18 years, and established the principle of

inclusive education for children with special needs. It expressed concern about the cases of

discrimination on grounds of sexual orientation and gender identity while commending

Tonga for hosting in May 2015 a Pacific human rights conference on lesbian, gay, bisexual,

transgender, intersex and questioning persons.

81. Turkey welcomed the efforts of Tonga to introduce constitutional reforms aimed at

widening the country’s democratic space, as well as the positive steps taken in recent years

to consolidate the rule of law and democracy. Turkey noted that Tonga had the highest

government spending on education in the Pacific, highlighting that the expansion of free

basic education in Tonga enabled access to primary schooling for children from all

segments of society. Turkey encouraged Tonga to amend the Land Act, particularly its

provision forbidding women from inheriting land.

82. Ukraine welcomed the endorsement of the Sendai Framework for Disaster Risk

Reduction 2015–2030, the adoption of the Family Protection Act (2013) aimed at

combating domestic violence, and the progress made towards achieving universal primary

education of children. It reiterated the United Nations country team’s recommendation that

Tonga assess periodically the impact of climate change and natural disasters, particularly in

relation to the enjoyment of human rights by the poor and lower-income segments of the

population.

83. The United Kingdom of Great Britain and Northern Ireland encouraged Tonga to

ratify the core human rights conventions and to establish a national human rights institution

in accordance with the Paris Principles. It welcomed the efforts by Tonga to promote

female candidates in national elections. However, it noted that female participation in

Tongan politics remained low while encouraging Tonga to further promote the inclusion of

women in politics. It expressed concern that Tongan legislation continued to criminalize

consensual same-sex conduct, while noting that there had been no recent prosecutions

under the legislation. It urged Tonga to repeal all such provisions and ensure anti-

discrimination laws also covered sexual orientation. It also welcomed the country’s

membership of ILO in 2016 while encouraging Tonga to ratify the key ILO conventions.

84. The United States of America welcomed the recent successful national elections and

the announcement by Tonga that it would open a free legal centre for women who were

survivors of sexual or domestic violence. It encouraged Tonga to decriminalize lesbian,

gay, bisexual, transgender and intersex status and conduct, increase free legal aid and

implement policies to increase women’s participation at all levels of government.

85. Uruguay welcomed efforts by Tonga to combat trafficking in persons, and its

consideration of acceding to various international human rights instruments. While noting

that the Constitution of Tonga prohibited discrimination on the basis of social class,

religion and race, but did not define or recognize discrimination based on gender or other

grounds, Uruguay expressed the hope that gender and sexual orientation could be included

as prohibited grounds of discrimination.

86. The Bolivarian Republic of Venezuela noted the important legislative initiatives,

including the new Education Act (2013), which set the age of compulsory schooling

between 4 and 18 years, and imposed on parents the obligation to school their children. It

welcomed the approval of the National Policy on Disability and Inclusive Development

2014–2018. It also welcomed the fact that Tonga had become a Member State of ILO as of

February 2016, a sign of its commitment to decent employment opportunities, the increase

of social protection and the strengthening of dialogue on issues related to the right to work.

87. Algeria welcomed the development of the national development policy (2014–2018)

and the strategic development framework (2015–2025). It noted the important legislative

measures taken by Tonga to harmonize national law with international human rights norms.

It also noted with satisfaction the efforts and results achieved by Tonga in the fields of

education, health and poverty reduction.

88. Angola welcomed the successful 2014 elections in Tonga and its commitment to

human rights. While highlighting the importance of the creation of a human rights

institution to promote, protect, coordinate and oversee human rights issues, as well as to

assist in the implementation of the recommendations made during the review, Angola

appealed to Tonga to work towards that end. It also encouraged Tonga to reinforce legal

mechanisms for the protection of the child.

89. Australia acknowledged the efforts by Tonga to improve human rights, including

through the enactment of the Family Protection Act 2013, the introduction of a national

disability inclusiveness policy, the improvement of access to health services for people with

disabilities, the establishment of the Ombudsman’s Office, and the progress on work

towards a landmark employment relations bill. It also commended Tonga on the well-run,

peaceful elections held in November 2017. While noting the country’s continuing efforts to

promote gender equality, Australia expressed concern about the high rates of domestic

violence. It also noted that Tonga had not carried out the death penalty for some time.

90. Azerbaijan was encouraged by the continuing constitutional and political reforms in

Tonga, the fact that Tonga was on a path towards stronger democracy marked by progress

in a number of areas, including the establishment of the Ombudsman’s Office, and the 2014

general elections, which had been deemed free and fair.

91. Argentina congratulated Tonga for the progress made in the field of universal

primary education, particularly the adoption of the new Education Act 2013, which set the

age of compulsory schooling at 4 to 18 years. It also noted the launching of the “Let girls be

girls” campaign.

92. Tonga emphasized that it remained committed to improving the level of

implementation of its human rights obligations. It called upon Member States to understand

and appreciate the unique circumstances that it faced when advancing human rights

protection, such as limited resources, strong cultural values, predominant Christian faith

and the growth of liberal ideologies. Furthermore, Tonga called upon Member States to

assist and support it in its journey to advance human rights, attaching special priority to

those human rights that promoted the rights of all vulnerable members of its society.

II. Conclusions and/or recommendations

93. The recommendations formulated during the interactive dialogue/listed below

have been examined by Tonga and enjoy the support of Tonga:

93.1 Consider transforming existing ad hoc structures into a national

mechanism for coordination, implementation, reporting and follow-up, in line

with elements arising from good practices identified in the 2016 OHCHR guide

on national mechanisms for reporting and follow-up (Portugal);

93.2 Continue to work on human rights and sustainable development

initiatives and, where applicable, adopt appropriate follow-up mechanisms

(Thailand);

93.3 Submit the initial report on implementation of the Convention on the

Rights of the Child (Montenegro);

93.4 Adopt an open, merit-based process when selecting national candidates

for United Nations treaty body elections (United Kingdom of Great Britain and

Northern Ireland);

93.5 Improve its record on reporting to the United Nations treaty bodies,

including by submitting its overdue reports to the Committee on the

Elimination of Racial Discrimination and the Committee on the Rights of the

Child (Azerbaijan);

93.6 Elaborate and submit the reports required by the Committee on the

Elimination of Racial Discrimination and the Committee on the Rights of the

Child (Côte d’Ivoire);

93.7 Accept the request for a visit of the Working Group on the issue of

discrimination against women in law and in practice (Panama);

93.8 In order to increase its capacity-building in the sphere of human rights,

cooperate with the Voluntary Technical Assistance Trust Fund to Support the

Participation of Least Developed Countries and Small Island Developing States

in the Work of the Human Rights Council, bearing in mind that the Fund is

mandated to support targeted training courses and capacity-building activities

on the international human rights system and international human rights law

as well as induction training sessions for government officials of the least

developed countries and small island developing States to provide them with

information on the multilateral human rights system (Ukraine);

93.9 Launch the review of the legislative instruments referred to in

paragraph 138 of the national report (Panama);

93.10 Take the actions referred to in paragraph 138 of its national report as

part of the revision and amendment of national legislation (Cuba);

93.11 Continue its democratization process, including efforts to enhance

respect for the civil rights of its citizens to ensure equal and full enjoyment of

fundamental human rights (Indonesia);

93.12 Continue its efforts to establish efficient and transparent public services

in the country (Azerbaijan);

93.13 Continue to take effective measures to protect the rights of vulnerable

groups (China);

93.14 Continue to consolidate its social and human rights policies, especially in

the area of economic, social and cultural rights, in order to increase the quality

of life of its people, particularly the most vulnerable sectors of the population

(Bolivarian Republic of Venezuela);

93.15 Establish a monitoring and reporting system on the implementation of

the education policy framework (Portugal);

93.16 Create a monitoring system for the implementation of the current

education policy framework for the period 2004–2019 (Ukraine);

93.17 Establish a national human rights institution, capable of promoting and

protecting human rights in the country, and that receives sufficient human and

financial resources to guarantee its proper functioning (Mexico);

93.18 Continue the dialogue that has progressed to a certain level about

forming a national human rights institution (Turkey);

93.19 Create a national human rights institution that monitors all rights issues

in Tonga, as reiterated in the previous cycles (Uruguay);

93.20 Create a national human rights institution which could be based on the

newly established Ombudsman’s Office (France);

93.21 Establish a mechanism for improving coordination and strengthening of

various institutions dealing with discrimination against women, taking into

consideration that Tonga still has not established an institution in compliance

with the principles relating to the status of national institutions for the

promotion and protection of human rights (Slovenia);

93.22 Ensure sufficient resources are allocated for the full and successful

implementation of the Revised National Policy on Gender and Development

2014–2018 (Singapore);

93.23 Further strengthen mechanisms for citizens, including civil society

organizations, to participate in law-making, oversight, national planning and

budgeting processes (Netherlands);

93.24 Prioritize gender equality, as well as increase women’s participation at

all levels of social, political and economic decision-making in government

(United States of America);

93.25 Adopt concrete measures to protect vulnerable groups to assist them in

being more resilient to the impact of climate change and natural disasters

(Republic of Korea);

93.26 Seek the technical and financial assistance needed to adequately address

the climate change challenges and to reduce risk and implement early warning

systems (Sierra Leone);

93.27 Address the issue of trafficking of women and children (Philippines);

93.28 Take measures to reinforce protections for freedom of expression,

including guaranteeing the independence of public and private media

(Canada);

93.29 Take additional steps towards the abolition of child marriage, including

by raising to 18 the minimum age of marriage (Brazil);

93.30 Take steps to end child marriage by raising to 18 the minimum age of

marriage for both boys and girls (Italy);

93.31 Take all necessary measures to ensure the effective implementation of

the Family Protection Act 2013 and that it place a particular focus on legal and

cultural awareness-raising campaigns (Ireland);

93.32 Continue to implement its strategic development framework 2015–2025

to achieve sustainable economic and social development (China);

93.33 Make efforts for the welfare of female workers, including by ensuring

maternity leave by law (Republic of Korea);

93.34 Implement an official support system for working women, contemplating

basic issues such as the minimum wage and maternity leave (Uruguay);

93.35 Continue to strengthen health care and to especially improve services for

maternal health, for newborns and for children (Maldives);

93.36 Take the necessary measures to improve access to health, especially for

children and women during pregnancy, childbirth and the post-delivery period

(Algeria);

93.37 Implement measures to strengthen universal access to health services,

including reproductive health (Angola);

93.38 Adopt legislative measures and political measures to combat

discrimination against women and guarantee gender equality in the public and

private spheres (Honduras);

93.39 Increase awareness-raising and information campaigns to combat

violence against women (Morocco);

93.40 Criminalize all forms of violence against women, including domestic

sexual violence (Honduras);

93.41 Promote equality between women and men and fight against domestic

violence (France);

93.42 Continue with efforts to combat violence against women and children,

and efforts to eliminate all forms of discrimination against women (New

Zealand);

93.43 Promote and increase efforts for women’s participation in political life

and decision-making at all levels (Morocco);

93.44 Continue to strengthen efforts to increase women’s participation at all

formal decision-making levels (New Zealand);

93.45 Adopt specific measures to increase the representation of women in

decision-making bodies, including the Legislative Assembly (Chile);

93.46 Establish national policies which ensure better participation of women at

all levels of government and in key decision-making positions (Sierra Leone);

93.47 Abolish the provisions which authorize corporal punishment (Italy);

93.48 Prohibit all persons, especially children, from receiving lashes as

disciplinary sanctions or any other type of corporal punishment, regardless of

the offence they committed (Uruguay);

93.49 Modify national legislation to prohibit child, early and forced marriage

and establish a clearly defined legal age of marriage and consent (Sierra

Leone);

93.50 Take the necessary measures to modify the national legislation to

increase the legal minimum age for marriage, as well as to raise awareness of

deeply rooted attitudes and stereotypes, in particular by investigating and

sanctioning cases in which girls are forced to marry children with whom they

have been seen or even with their rapists (Argentina);

93.51 Establish a separate juvenile court or system for children and implement

the Convention on the Rights of the Child (Turkey);

93.52 Continue to review and improve the relevant legislation, policies and

programmes to accord those with disabilities more protection, services and

opportunities to participate fully in Tongan society (Singapore).

94. The following recommendations will be examined by Tonga, which will provide

responses in due time, but no later than the thirty-eighth session of the Human Rights

Council:

94.1 Continue its efforts to ratify all core international human rights

conventions (Indonesia);

94.2 Make every effort to ratify core international human rights treaties, and

fulfil its reporting obligations under the conventions that it has ratified

(Ireland);

94.3 Take the necessary steps to ratify the International Covenant on Civil

and Political rights, the International Covenant on Economic, Social and

Cultural Rights, the Convention on the Rights of Persons with Disabilities and

the Convention on the Rights of the Child (Ghana);

94.4 Ratify the International Covenant on Civil and Political Rights (Côte

d’Ivoire) (Iceland) (Panama) (Turkey);

94.5 Ratify the International Covenant on Economic, Social and Cultural

Rights (Angola) (Iceland) (Mexico) (Panama) (Turkey);

94.6 Ratify the Convention on the Elimination of All Forms of Discrimination

against Women (Angola) (Australia) (Côte d’Ivoire) (Denmark) (Iceland)

(Italy) (Mexico) (Turkey);

94.7 Ratify the Convention against Torture and Other Cruel, Inhuman or

Degrading Treatment or Punishment (Brazil) (Iceland) (Turkey);

94.8 Ratify the Convention on the Rights of Persons with Disabilities

(Iceland);

94.9 Ratify the International Covenant on Civil and Political Rights, the

International Covenant on Economic, Social and Cultural Rights, the

Convention on the Elimination of All Forms of Discrimination against Women

and the Convention against Torture, and take steps to raise social awareness

and understanding of these instruments (Canada);

94.10 Accelerate steps to ratify the core international human rights treaties,

including the International Covenant on Civil and Political Rights, the

International Covenant on Economic, Social and Cultural Rights, the

Convention on the Rights of Persons with Disabilities, the Convention on the

Elimination of All Forms of Discrimination against Women and the Convention

against Torture and Other Cruel, Inhuman or Degrading Treatment or

Punishment (Republic of Korea);

94.11 Consider acceding to the International Covenants on human rights

(Uruguay);

94.12 Examine the possibility of ratifying some international human rights

legal instruments, particularly the two International Covenants on Civil and

Political Rights and on Economic, Social and Cultural Rights (Algeria);

94.13 Consider ratifying the core international human rights treaties,

including the International Covenant on Civil and Political Rights, the

International Covenant on Economic, Social and Cultural Rights, and the

Convention against Torture and Other Cruel, Inhuman or Degrading

Treatment or Punishment (Azerbaijan);

94.14 Ratify the main international human rights treaties, particularly the

International Covenant on Civil and Political Rights, the International

Covenant on Economic, Social and Cultural Rights, the Convention on the

Elimination of All Forms of Discrimination against Women, the Convention

against Torture and Other Cruel, Inhuman or Degrading Treatment or

Punishment, and the Convention on the Rights of Persons with Disabilities

(France);

94.15 Ratify the Convention on the Elimination of All Forms of Discrimination

against Women, and implement it in national law (Germany);

94.16 Expedite the ongoing process to ratify the Convention on the Elimination

of All Forms of Discrimination against Women as part of its ongoing efforts to

promote and protect the rights of women (Maldives);

94.17 Work towards the ratification of the Convention on the Elimination of

All Forms of Discrimination against Women and the Convention on the Rights

of Persons with Disabilities (India);

94.18 Consider withdrawing its reservations to the Convention on the

Elimination of All Forms of Discrimination against Women as well as setting up

a national human rights commission, in accordance with the Paris Principles

(Mozambique);

94.19 Conclude the process of ratification of the Convention on the

Elimination of All Forms of Discrimination against Women and reconsider all

the potential reservations thereto (Portugal);

94.20 Accelerate steps towards ratification of the Convention on the

Elimination of All Forms of Discrimination against Women and the Convention

against Torture and Other Cruel, Inhuman or Degrading Treatment or

Punishment (Georgia);

94.21 Intensify efforts to ratify the Convention against Torture and Other

Cruel, Inhuman or Degrading Treatment or Punishment (Ghana);

94.22 Ratify the Convention against Torture and Other Cruel, Inhuman or

Degrading Treatment or Punishment without further delay (Denmark);

94.23 Increase efforts aimed at ratifying the core international human rights

treaties, including the Convention against Torture and Other Cruel, Inhuman

or Degrading Treatment or Punishment and the Convention on the Elimination

of All Forms of Discrimination against Women (Ukraine);

94.24 Intensify its efforts to ratify the Convention against Torture and Other

Cruel, Inhuman or Degrading Treatment or Punishment, as well as the

Convention on the Elimination of All Forms of Discrimination against Women

(Chile);

94.25 Ratify the Convention on the Rights of Persons with Disabilities (New

Zealand);

94.26 Ratify and implement the Convention on the Rights of Persons with

Disabilities and support the disaggregation of Sustainable Development Goals

reporting data by disability (United Kingdom of Great Britain and Northern

Ireland);

94.27 Accede to the Rome Statute of the International Criminal Court

(France);

94.28 Ratify the International Labour Organization Worst Forms of Child

Labour Convention, 1999 (No. 182) as part of the Government’s ongoing

commitment to achieving target 8.7 of the Sustainable Development Goals

(United Kingdom of Great Britain and Northern Ireland);

94.29 Ratify the main human rights instruments to which it is not yet a party,

as well as the fundamental International Labour Organization conventions

(Honduras);

94.30 Continue efforts to ratify international instruments and to cooperate

with human rights mechanisms (Morocco);

94.31 Sign and accede to the core international human rights treaties to which

Tonga is not yet party, namely, the International Covenant on Economic, Social

and Cultural Rights, the International Covenant on Civil and Political Rights,

the International Convention for the Protection of All Persons from Enforced

Disappearance, the International Convention on the Protection of the Rights of

All Migrant Workers and Members of Their Families, and the Convention

against Torture and Other Cruel, Inhuman or Degrading Treatment or

Punishment (Sierra Leone);

94.32 Ratify core human rights treaties as well as the Rome Statute of the

International Criminal Court (Timor-Leste);

94.33 Continue taking necessary measures to establish a national human rights

institution in line with the Paris Principles, including by increasing the

capacity-building programmes for all stakeholders (Indonesia);

94.34 Establish a national human rights mechanism that is in accordance with

the Paris Principles (Portugal); Establish a national human rights institution in

conformity with the Paris Principles (Sierra Leone); Establish a national

human rights institution in accordance with the Paris Principles (Timor-Leste);

Establish a national human rights institution for the promotion and protection

of human rights in accordance with the Paris Principles (Ukraine);

94.35 Accelerate efforts to establish a national human rights institution in

compliance with the Paris Principles (Georgia);

94.36 Introduce comprehensive anti-discrimination legislation to provide equal

protection for all persons, including vulnerable groups like people with

disabilities, and on all grounds, including sexual orientation and gender identity

(Germany);

94.37 Decriminalize consensual same-sex relations (Germany);

94.38 Decriminalize consensual sexual relations between adult persons of the

same sex (Honduras);

94.39 Repeal legislation that criminalizes same-sex sexual practices between

consenting adults and increase efforts to eliminate all forms of discrimination

that target individuals based on their sexual orientation and gender identity

(Canada);

94.40 Adopt specialized laws that allow the creation of mechanisms to combat

sexual and gender-based violence, as well as discrimination based on sexual

orientation and gender identity (Mexico);

94.41 Enact new legislation or amend existing laws with a view to

decriminalizing same-sex relations between consenting adults (Montenegro);

94.42 Introduce comprehensive anti-discrimination legislation to provide equal

protection against discrimination for all persons and on all grounds, including

sexual orientation or gender identity (Netherlands);

94.43 Revise the Criminal Offences Act in order to decriminalize sexual

relations between consenting adults of the same sex (Portugal);

94.44 Continue working together with the leitis (lesbian, gay, bisexual,

transgender and intersex persons) civil society organization to adopt the

necessary reforms to eradicate discrimination based on sexual orientation or

gender identity (Chile);

94.45 Repeal the provisions of the Criminal Offences Act that criminalize

same-sex sexual relations between consenting adults (Timor-Leste);

94.46 Repeal the provisions of the Tongan Criminal Offences Act that

criminalize lesbian, gay, bisexual, transgender and intersex status and conduct

(United States of America);

94.47 In follow-up to the recommendation made in 2013, take urgent measures

to repeal the norms and regulations that sanction and discriminate against

lesbian, gay, bisexual, transgender and intersex persons, as well as to

investigate and sanction the perpetrators of acts of discrimination and violence

towards those persons (Argentina);

94.48 Abolish the death penalty (Honduras);

94.49 Formally abolish the death penalty, including by ratifying the

International Covenant on Civil and Political Rights and its Second Optional

Protocol, aiming at the abolition of the death penalty (Australia);

94.50 Consider fully abolishing the death penalty (Italy);

94.51 Abolish the death penalty, considering its de facto moratorium since

1982 (Canada);

94.52 Transform its de facto moratorium on the application of the death

penalty into a definitive abolition (Portugal);

94.53 Continue to incorporate into legislation the United Nations Rules for the

Treatment of Women Prisoners and Non-custodial Measures for Women

Offenders, otherwise known as the “Bangkok Rules” (Thailand);

94.54 Develop a broader legal aid system that offers free legal counsel to

indigent defendants (United States of America);

94.55 Carry out regulatory reforms so that women can decide to perform

contraceptive medical interventions and any other practice related to their

health (Uruguay);

94.56 Eliminate from its legal system discriminatory norms based on gender

and redouble its efforts to combat any discriminatory practice against women,

particularly their right to property (Honduras);

94.57 Amend the Land Act currently in effect, particularly its provision

preventing women from inheriting land (Iceland);

94.58 Prioritize work to eliminate violence against women, and to improve

gender equality, including in relation to property and employment (Australia).

95. 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

Composition of the delegation

The delegation of Tonga was headed by Solicitor General, Mr. Sione Sisifa, and

composed of the following members:

• Ms. Susana Faletau, Chief Executive Officer of the Ministry of Justice;

• Mr. Sione Sonata Tupou, Acting High Commissioner, Tonga High Commission,

London;

• Ms. Akanesi Katoa, Assistant Crown Counsel.