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Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the second Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholders' Information'. Also included is the list of accepted and rejected recommendations. Tonga – 15th Session – 2012 Scroll to: National Report (Read about the first cycle review) Report not yet submitted. Compilation of UN information 2. UNHCR underlined that Tonga had acceded to the International Convention on the Elimination of Racial Discrimination (ICERD) and to the Convention on the Rights of the Child (CRC), but was not party to any other international human rights treaty. 6. UNHCR stated that Tonga’s Nationality Act should be reformed to include a safeguard against statelessness, so that children born in the territory, who would otherwise be stateless, can acquire Tongan nationality. UNHCR recommended that Tonga accept its technical support for drafting national refugee legislation, capacity-building for Government officials as well as assistance for developing a national refugee status 13. RO Pacific referred to statistics compiled by the Women and Children Crisis Centre which indicated that there had been 404 reports of domestic violence made to the police in 2009. The Police Commander stated that those cases had only been the tip of the iceberg and ultimately the level of the violence against women was unknown. 14. RO Pacific noted that criminal responsibility could apply to children over the age of 7, and male children between 7 and 15 could be punished with up to 20 strokes of the whip. It underlined that corporal punishment was lawful in the penal system as a criminal penalty. It added that corporal punishment was lawful in the home, but prohibited in schools. In that regard, RO Pacific, citing a UNICEF-Government of Tonga report, noted that there was a traditional acceptability of physical punishment to discipline children and that beating was the main form of punishment. 15. Regarding the protection system, RO Pacific stated that there had been calls for Tonga to implement legislation to protect children from abuse, particularly in the areas of physical abuse, sexual exploitation and child labour. RO Pacific noted that there was no Government agency for the welfare of children. 23. UNDP noted that there was no formal social protection policy, nor were there any social safety net programmes in Tonga. While the Government provides basic health and education, in recent years more of these costs have been transferred to the public through user fees. Most service delivery is left to NGOs and churches. 26. UNHCR noted that pursuant to Tonga’s Nationality Act, children born in Tonga could only acquire nationality if one of their parents is Tongan. This means that if a child is born in Tonga to parents who are stateless or foreigners who are unable to pass on their nationality to the child, he/she would be stateless. Summary of stakeholders' information 1. The Civil Society Organisation - Human Rights Task Force, including the Civil Society Forum of Tonga, the Ma’a Fafine mo e Famili Inc, the Women and Children Crisis Centre, the Friendly Island Human Rights and Democracy Movement, the Friendly Island Teacher Association, the Tonga Women National Congress and the Tonga Leiti’s Association (CSO HRTF) noted that Tonga had ratified only a few of the human rights core conventions: the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) and the Convention on the Rights of the Child (CRC). Tonga had also become a signatory to the Convention on the Rights of Persons with Disabilities (CRPD). 3. Furthermore, it noted with concern that since the last UPR review in 2008, Tonga had failed to make positive steps towards the ratification of these Conventions and Covenants mentioned above. Therefore, CSO HRTF urged the Government to ratify CRPD, CEDAW and CAT and called on the Government to consider ratifying the Optional Protocol to CEDAW and the Optional Protocols to CRC. 7. CSO HRTF listed positive legal reforms such as the Cabinet's approval to review the existing legislation on violence against women and children as well as the drafting of a subsequent amendment for enactment during the 2012 Parliamentary session. CSO HRTF reported that consultations had begun sharing ideas and recommendations for a Stand Alone Comprehensive Legislation dealing with all forms of domestic violence in order to better protect the rights of victims of violence. This covered a review of documentation on violence against women in Tonga and neighbouring countries. According to CSO HRTF, an extensive process for conducting wider community consultations would be held throughout the country once the draft bill was ready for public comment. 13. The Global Initiative to End All Corporal Punishment of Children (GIEACPC) noted that Tonga had acceded to the Convention on the Rights of the Child in 1995, but had not yet been examined by the Committee on the Rights of the Child. 14. CSO HRTF called on the Government to fulfil its commitment to reporting on CRC and CERD. 17. The Child Rights International Network (CRIN) noted that child offenders might be sentenced to capital punishment. The Criminal Offences Act provided death penalty for treason and murder. It reported that in the case of murder, article 91(1) of the Act stated that “sentence of death shall not be pronounced on or recorded against any person under the age of 15 years”, but it was unclear whether this referred to age at the time of the offence or at the time of conviction. No such restriction was specified in the case of treason. It added that in prohibiting the death penalty for persons less than 15 years old convicted of murder, the Act stated that “in lieu of such punishment the Court shall sentence such person to be detained during His Majesty’s pleasure”. CRIN mentioned that the Criminal Offences Act provided life imprisonment for offences relating to demolition of buildings, murder, and inciting or assisting suicide, but no limitations were specified in relation to the age of the offender. 20. CRIN recommended that the Government explicitly prohibits sentences of capital punishment for persons under 18 at the time of the offence. Furthermore it recommended to explicitly prohibiting life imprisonment and indeterminate detention (“during His Majesty’s pleasure”) of child offenders, including when such imprisonment was in lieu of the death penalty, and legislating for the detention of children to be imposed only as a last resort and for the shortest possible duration. Finally, CRIN recommended that the Government raises the minimum age of criminal responsibility. 22. CRIN highlighted that corporal punishment in the form of whipping was lawful as a sentence for males under the Criminal Offences Act. It reported that boys less than 16 years old might be whipped up to 20 strokes and older males might be whipped up to 26 strokes. CRIN added that the punishment must be administered in one or two instalments, as specified by the court, and that it was inflicted by the gaoler, in the presence of a magistrate, following certification that the offender was medically fit to undergo the punishment. CRIN noted that the Magistrates’ Courts Act allowed a magistrate to impose whipping on a boy aged 7-14 in lieu of any other punishment. CRIN reported that in 2010, the Appeal Court had overturned sentences of judicial whipping that had been imposed on two 17 year old males and this was the first time sentences of whipping had been handed down in 30 years. Furthermore, CRIN highlighted that the judgment also questioned the doctor’s role in certifying that an offender was fit for whipping. CRIN recommended that the Government repeals all legal provisions authorising corporal punishment as a sentence of the courts for persons less than 18 years of age at the time of the offence. 23. GIEACPC noted that even though no specific recommendation on corporal punishment had been submitted during the initial UPR review, Tonga had made some progress towards prohibiting it. Since the review, corporal punishment had been prohibited as a disciplinary measure in prisons according to Article 66 of the 2010 Prisons Act. Nevertheless, the Global Initiative underscored that it had to be confirmed that the measure was effective in all institutions accommodating children in conflict with the law. Moreover, GIEACPD mentioned that, in 2010, the former Minister for Police had announced his intention to support a private members bill to abolish judicial whipping, but no further progress in this regard had appeared. 24. GIEACPD noted that corporal punishment was lawful at home and in alternative care settings but was prohibited in schools according to article 40 of the Education (Schools and General Provisions) Regulation. GIEACPD recommended that the Government enacts the legislation to explicitly prohibit corporal punishment of children in all settings, including the home and as a sentence for crime. 25. CSO HRTF highlighted that a review and drafting of a comprehensive bill on violence against women and girls was to be tabled in 2012. The recent National Study on Domestic Violence conducted by the Ma’a Fafine mo e Famili noted an increase of reports on domestic violence reported by the Ministry of Police and the Women and Children Crisis Centre. CSO HRTF stated that the current laws were inadequate and that there was no specific offence for stalking. It added that the legislation did not allow for a restraining order for women for sexual or domestic violence regardless of their marital status. Nevertheless a few provisions that might be applied for the protection of women in vulnerable or threatening situations existed. CSO HRTF noted that domestic violence had been historically treated by the police as a private and minor matter. It stated that having a pro-prosecution provision would ensure that if reported, such offences against women in vulnerable situation were taken seriously by law enforcement agencies. 26. CSO HRTF highlighted that the police had established a domestic violence “no drop policy” but noted that it had not been yet fully implemented across all front line police. In fact, patriarchal attitudes and behaviours had a negative impact on the response services to female victims of violence. CSO HRTF mentioned that a Domestic Violence Response Policy (DVRP) was drafted in 2010 and had been circulated amongst Civil Society Organisations for their feedback and input. This was a positive step forward between the police and CSOs working on the elimination of violence against women and girls. CSO HRTF added that the no drop policy and the vast improvements to police response to domestic violence should be formalized within the new policy, which was still in draft form. CSO HRTF called on the Ministry of Police to take immediate steps in formalizing the Domestic Violence Response Policy for Tonga Police. 27. CSO HRTF acknowledged the Ministry of Police’s efforts to publicly broadcast over the National Radio and Television the different types and forms of violence (physical, psychological and emotional) especially violence against women and children. 28. In the matter of human trafficking, CSO HRTF pointed out the modest progress made in the law enforcement efforts to address the problem. Tonga prohibited all forms of human trafficking through its Revised Transnational Crimes Act of 2007, which defined human trafficking as including forced labour and forced prostitution. CSO HRTF mentioned that this law prescribed up to 25 years' imprisonment for these offences, which was sufficiently stringent and commensurate with penalties for other serious crimes, such as rape. It reported that in April 2011, Tonga, for the first time, had sentenced a trafficking offender to prison. However, CSO HRTF stated that the Government had not taken action to reduce the demand for commercial sex acts or forced labour during the reporting period. It highlighted that Tonga was not a party to the 2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (UN TIP Protocol). CSO HRTF called on the Government to accede immediately to the UN TIP Protocol and consider drafting legislation or establishing policies around protecting the rights of victims of trafficking. 30. Regarding the tragedy of the MV Princess Ashika, CSO HRTF called on the Government to implement and execute the recommendations highlighted in the Royal Commission’s report as well as to ensure that all victims had access to effective legal remedy. CSO HRTF explained that the MV Princess Ashika was an inter-island ferry operating in Tonga that had sank on 5 August 2009. Official figures confirmed that 54 men had been rescued, 74 persons had disappeared and all women and children had died. CSO HRTF noted that the report of the Royal Commission of Inquiry into the sinking had condemned senior Government officials and ministers for purchasing the ferry and allowing it to sail. After the release of the report, the Government ensured that no ministers would be held accountable. The Attorney-General resigned after the Government had refused to support the appointment of foreign prosecutors to investigate criminal matters arising from the Commission’s inquiry. He stated that the authorities had been attempting to control the prosecution to ensure that members of the Cabinet and other people, who might be regarded as close friends or cronies, were not prosecuted. According to him, the Government wanted to control members of the Judiciary to dispose of them or to hire them as they see fit. 39. CSO HRTF noted that human rights had not been incorporated into the new syllabus for primary education released by the Ministry of Education in January 2012. However, there had been consultation on the inclusion of human rights into a new syllabus for high schools which was being drafted. Furthermore, CSO HRTF underlined that there was no human rights training offered either at higher level or in the Tonga Institute of Education for Teachers CSO HRTF called on the Government to incorporate human rights into the school syllabus. Accepted and Rejected Recommendations - To follow
Monday 21st January 2013 - 2.30 p.m. - 6.00 p.m
Compilation of UN information
Summary of Stakeholder information
Accepted and Rejected Recommendations