A/HRC/38/5
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 noconfidence 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
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