In January 2024, Volker Türk, the UN High Commissioner for Human Rights wrote to the Tongan government as a follow up to the fourth cycle review of Tonga by the Universal Periodic Review (UPR) Working Group at its 43rd session in May 2023.
As previously documented, among the issues raised during the review were the lack of an independent national human rights institution, challenges to press freedom and the failure to review laws that could be used to silence freedom of expression. The recommendations made by states include establishing a national human rights institution in line with the Paris Principles.
Turk welcomed the constructive engagement between the Tongan government and his office and took note of the efforts of the government to implement specific recommendations since the previous review.
The High Commissioner welcomed the establishment of a Cabinet working group to review, with the aim of ratifying, the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and that Tonga was considering ratification of the International Covenant on Civil and Political Rights, among other treaties.
Expression
Parliamentarian suspended for insulting Prime Minister
On 20th February 2024, parliamentarian Piveni Piukala was suspended from the legislature for seven days after he offended Prime Minister Hon. Hu'akavameiliku, who had filed a formal complaint against him alleging use of inappropriate words.
The Speaker of the House, Lord Fakafanua prohibited Piukala from entering the Legislative Assembly or using any of its facilities or equipment for a period of seven days.
Piukala told the Prime Minister in August 2023: “It is not your grandfather’s money that you can spend as you wish” amid a contentious debate over the purchase of planes by Lulutai airlines, where the Prime Minister serves as Chairman of the board. This ultimately led to the Prime Minister’s formal complaint to the Speaker about Piukala’s conduct.
A committee that investigated the complaint revealed that, according to the minutes of their meeting, Piukala had the opportunity to refute the statements attributed to him but chose not to. Consequently, the Rights Committee of the Legislative Assembly took up the complaint, presenting their findings in the house that same month.
Association
Lack of protection for LGBTQI+ community
The UN human rights chief, in his letter from January 2024, highlighted the lack of progress in the decriminalisation of same-sex relationships. He stated that it was important that LGBTQI+ Tongans enjoy human rights protection on an equal basis with others without discrimination, in compliance with international human rights norms and standards.
As previously documented, civil society groups have reported that homosexual, bisexual and transgender people are not afforded equal rights, sodomy is criminalised in Tonga, and cross-dressing is illegal. Under the Criminal Offences Act, punishment for the crime of “sodomy” might include corporal punishment, in addition to up to 10 years’ imprisonment. In practice, the law has not been used to prosecute same-sex sexual conduct between consenting adults in recent years.
A number of countries made recommendations calling for amendments to existing legislation that discriminates against LGBTQI+ persons and to decriminalise consensual same-sex relations. They include Mexico, Netherlands, Spain, US, Argentina, Brazil, Canada, Chile, Costa Rica, Germany and Iceland.