A/HRC/38/5 Introduction 1. The Working Group on the Universal Periodic Review, established in accordance with Human Rights Council resolution 5/1, held its twenty-ninth session from 15 to 26 January 2018. The review of Tonga was held at the 2nd meeting, on 15 January 2018. The delegation of Tonga was headed by the Solicitor General, Sione Sisifa. At its 10th meeting, held on 19 January 2018, the Working Group adopted the report on Tonga. 2. On 10 January 2018, the Human Rights Council selected the following group of rapporteurs (troika) to facilitate the review of Tonga: Angola, Slovakia and the United Arab Emirates. 3. In accordance with paragraph 15 of the annex to Human Rights Council resolution 5/1 and paragraph 5 of the annex to Council resolution 16/21, the following documents were issued for the review of Tonga: (a) A national report submitted/written presentation made in accordance with paragraph 15 (a) (A/HRC/WG.6/29/TON/1); (b) A compilation prepared by the Office of the United Nations High Commissioner for Human Rights (OHCHR) in accordance with paragraph 15 (b) (A/HRC/WG.6/29/TON/2); (c) A summary prepared by OHCHR in accordance with paragraph 15 (c) (A/HRC/WG.6/29/TON/3). 4. A list of questions prepared in advance by Brazil, Germany, Liechtenstein, Portugal, Slovenia, Spain and the United Kingdom of Great Britain and Northern Ireland was transmitted to Tonga through the troika. These questions are available on the website of the universal periodic review. I. Summary of the proceedings of the review process A. Presentation by the State under review 5. The delegation noted that, as a small Pacific island country, Tonga suffered from the challenges of its small size, geographic isolation, natural vulnerability and fragility and its limited human and financial resource base, which had a high cost in terms of social and community services as well as economic development. Unfortunately, the process of ensuring its compatibility and compliance with international human rights treaties represented a huge demand on its limited capacity. Despite such challenges, many of the underlying human rights principles enshrined in the core human rights conventions formed the basis for many Tongan laws. In addition, Tonga remained committed to pursuing the ratification of the core human rights conventions and intended to continue its active participation in the universal periodic review process. 6. Tonga still had not made formal commitments to ratify the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, due to human and financial resource constraints. However, its legislation, in particular its Constitution, enshrined many of the articles espoused in the International Covenant on Civil and Political Rights. The Tongan courts also applied many of the human rights conventions in determining court cases, such as the 2005 case of R v. Vola, which had set an important and binding precedent in preventing arbitrary application of the death penalty. 7. The principles underlying the provisions of the International Covenant on Economic, Social and Cultural Rights had been incorporated into Tongan legislation, which included laws on gaining access to adequate health care and the rights to education, to a decent home, food and shelter, to fair wages and equal remuneration for equal value, and to take part in cultural life. 2