During its human rights evaluation at the 43rd Session of Universal Periodic Review in Geneva, Tonga received mixed reactions from over 50 UN member states. While all of them praised Tonga’s government for its efforts to ratify international treaties, there were concerns expressed about several human rights issues.
New Zealand’s delegate, Anna Louise Duncan, commended Tonga for its advancements in human rights, while Russia’s delegate, Kristina Sukacheva, noted the steps taken by the Kingdom to improve its human rights mechanisms.
However, a number of states expressed concerns about the rights of LGBTQ people, the existence of a law on capital punishment, the right of women to inherit land, the non-existence of a Human Rights Institution, and the continuous non-ratification of various treaties, including the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).
Despite these concerns, Canadian delegate Louise Blais commended Tonga for continuing its programs to address domestic violence, and Ukraine’s Yevheniia Filipenko noted the positive steps taken by the country to address discrimination against women and increase their participation in all levels of social and political decision-making in government.
However, delegates from Western countries, including New Zealand, Great Britain, the United States, and Australia, urged Tonga to give women the right to inherit land, as Tongan law and traditional custom currently forbids land ownership by women. The Western states, apart from the United States, also called on Tonga to abolish the death penalty, which has been unenforced for decades.
Brazil recommended that Tonga ratify the convention on legislation to remove all forms of discrimination against women, particularly the right to own and inherit land. Switzerland expressed concern that Tonga hasn’t abolished the death penalty, including for minors, and recommended that it totally and indefinitely ban capital punishment from law.
Universal healthcare and LGBTQ+ rights
Tonga’s policy of Universal Health Care was praised by Namibia and Samoa during a recent review. Samoa’s delegate, Marissa Noelani Toomata, commended Tonga for providing universal health care, while Namibia’s delegate, Jerry Mika, specifically mentioned the country’s free dental and medical care for all.
However, the reviews also highlighted concerns about the rights of LGBTQ people in Tonga. Several states, including the United States, noted the unenforced laws that forbid homosexual relations in Tonga. The Dutch delegate, Charlotte Marres, commended Tonga for establishing a family legal aid center, including for same-sex individuals. However, she also expressed concern about the challenges preventing full inclusion of LGBTQ people in Tongan society.
The British delegate also expressed concern, citing the murder of LGBTQ activist Polikalepo Kefu in 2021, which was widely believed to have been motivated by homophobia. While Charles Kent commended Tonga for taking steps to end gender-based violence, he encouraged the country to take concrete steps to repeal laws that discriminate against and sanction LGBTQ individuals.
Tonga general election
During a recent review, several countries congratulated the Kingdom on the conduct of its 2021 general election. The US delegate, Kaitlin Sandin, commended Tonga on a successful election that was generally free and fair according to international observers.
However, the US delegate also recommended that Tonga address corruption more proactively. Sandin called for increased political independence and funding for the offices of the Attorney General and the Ombudsman to investigate corruption cases and address impunity against corruption.
Donor Partners
Tonga’s largest donors had generally positive reviews during a recent evaluation. Australia’s delegate, Nina Pregellio, commended Tonga for launching a gender equality and national plan to improve the rights of women and disability policy.
Pregellio also encouraged Tonga to use robust data for decision-making, planning, and service delivery and to ensure funding for this. China’s delegate, Han Xincheng, stated that Tonga had done its best to protect the well-being of its people in the face of Covid-19 and natural disasters, and continued to protect cultural and economic rights.
New Zealand’s delegate, Anna Louise Duncan, commended Tonga’s progress in human rights and recommended that Tonga ratify the UN conventions on the rights of persons with disabilities, on torture and other cruel or inhuman treatment, eliminate all forms of discrimination against women, and amend existing legislation that discriminates against LGBTQ+ individuals.
Source: RNZ