UPR Sexual Rights Database

National Report:
Para 102) The previous Parliament in 2009 did not agree to ratify CEDAW despite the recommendations made by members of the Legislative Assembly, the Constitutional and Electoral Commission and other Non- Government organizations.

Para 103) However, in December 2011, the current Government approved to conduct nationwide consultations to reach a consensus as a way forward to consider the ratification of CEDAW. Tonga is currently drafting its reservations to CEDAW.

Para 104) Despite not ratifying CEDAW, Tonga has fulfilled its commitments made under the United Nation's Beijing Forward Looking Strategies (1996) and the regional Pacific Platform of Action for Women (PPA).

Para 105) In 2008, Tonga set up a Royal Land Commission to look into the land issues in Tonga. The Royal Land Commission recommended that women should not be granted tax allotments for bush and farming purposes because it was has never been the traditional role of Tongan women to do heavy and hard labour work which was associated with farming. The Royal Land Commission stated in its Final Report that international equality concepts to land can take away ancient and highly valued institutions from the very core of Tongan culture, for instance the fahu system.

Para 106) The Royal Commission also recommended that a woman who is a Tongan subject upon attaining the age of 21 years has the right to apply for grant of a town allotment, which can be registered under her name. Upon her death, the land shall devolve according to the succession laws, which shall be amended accordingly. For now, women should not be allowed to apply for and gain a registered tax allotment, the status quo should remain with men being allowed to hold tax allotment.

Para 107) The Royal Land Commission also recommended the termination of an unmarried daughter's right upon proof of her having committed adultery or fornication is repealed.

Para 108) The Royal Land Commission also recommended that the restriction on the inheritance of a daughter when she married should be removed. Where there is no male heir of the deceased landholder, his daughters shall succeed the land

Para 109) The Royal Land Commission also recommended that the rights of a widow to land that has been newly acquired by her husband should allow her to lease or mortgage the land with the consent of the heir, and where she had no children with her husband, then consent is not required.

Stakeholder Summary:
Para 16) CSO HRTF reported that his Majesty King George Tupou V had appointed a Royal Land Commission on 10 October 2008, pursuant to the Royal Commissions Act (Cap 41) Laws of Tonga, which empowered such appointment to inquire into matters of importance to the public welfare. It added that the final report had been released in June 2012 with recommendations to increase women's rights to land, more specifically for women to be allowed to register a town allotment. However this recommendation did not allow women to register bush allotments with the reasoning being that only men attended to the bush for agricultural purposes. CSO HRTF called on the Government to consider full rights of women to land registration.

National Report:
Para 18) The Family Protection Act 2013 also protects women and children from abuse and corporal punishment.
Para 67) Tonga continues to be committed to eliminating violence against women.
Para 68) The Family Protection Act 2013 was passed by the Legislative Assembly on 4 September 2013. It was then proclaimed into force on 1 July 2014. The Act is to provide for greater protection from domestic violence, to introduce protection orders, clarify duties of the police and promote the health, safety and well-being of victims of domestic violence and related matters.
Para 69) The Family Protection Act 2013 is the first Act in Tonga to state that domestic violence is an offence. It defines domestic violence to include a person who threatens, intimidates or assaults a health practitioner or social service provider who is acting in pursuance of a duty of care.
Para 70) The Women Division of the Ministry of Internal Affairs went through extensive consultations (including public and media consultations, television and radio programs) to ensure the public understands the concepts of the new Family Protection Act 2013.
Para 71) The main mandate of the Women’s Division is to monitor and ensure the effective implementation of the Family Protection Act 2013.
Para 72) The Attorney General’s Office has specific legal counsels who deal with domestic violence cases. The Office continues to work closely with the Domestic Violence Unit of the Tonga Police and meet regularly to ensure that domestic violence cases are prosecuted.
Para 73) The Ministry of Justice continues to have on-going projects with Australian Government (DFAT) (Families Free of Violence), SPC/RRRT (Guidelines for Magistrates, Community Legal Centre) and Pacific Judicial Strengthening Initiative –PJSI- (Judicial training and strengthening relevant data collection capacities) on how to eliminate violence against women in Tonga.
Para 74) In 2016 the Evidence (Amendment) Bill 2016 was introduced to Parliament to remove the requirement for corroboration of evidence in sexual offences. This Amendment was a result of the case Rex v Koloamatangi CR 106/13 where the trial judge Cato J expressed concerns over the uncertainty whether corroboration was required in sexual complaints in Tonga. He stated there was no certain statutory requirement for corroboration in the Tongan Evidence Act in cases of sexual complaints.
Para 75) The Evidence (Amendment) Bill 2016 was introduced but it was not passed by Parliament. Tonga still needs time to fully grasp the need to remove corroboration evidence in cases of sexual offences.
Para 76) Marital Rape is criminalized in the Criminal Offences Act [Cap 18] after the repeal of s.118(2) in 1999.
Para 77) Tonga official launched the Unite Campaign Orange Day on the 25 June 2014. This was to show a united front in Tonga to end violence against women. It was supported by the Government, Civil Society, Non-Government Organisations and development partners like UNDP and Australian Aid.
Para 78) Tonga Police continue to host a program to mark White Ribbon Day to end violence against women. The White Ribbon campaign in Tonga reminds the Tonga Police that they have a major role in ending violence against women by responding to cases of abuse and also showing the community that violence against women is unacceptable.

UN Compilation:
Para 18) The United Nations country team noted that sexual and gender-based violence, including intimate-partner violence, sexual assault and rape, and violence against transgender persons, was widespread.
Para 19) The United Nations country team noted that Tonga had passed the Family Protection Act (2013), which included provisions that enhanced protection against domestic violence in several ways: by preventing violence through increased awareness; by granting greater power to police officers to provide protection to victims through the issuance of protection orders; by providing health and mental health support and counselling to victims; by imposing heavy penalties on offenders; and by strengthening the institutional response through the creation of the Family Protection Advisory Council under the Ministry of Internal Affairs.

Stakeholder Summary:
Para 33) JS1 welcomed the enactment of the Family Protection Act (2013), which aimed to provide greater protection for victims of domestic violence. The Act reportedly provided for increased power for the police to issue protection orders on the spot for a maximum of seven days; a legal requirement to inform the victims of their rights and the legal proceedings that would ensue; and the formation of a committee of key community stakeholders to discuss how best to monitor and evaluate the implementation of the Act.
Para 34) JS1 pointed out that the law on sexual offences defined rape as the non-consensual penetration of the penis into the vagina, and as such, any other type of sexual abuse was not regarded or recognized as an offence.