A/HRC/8/48
Page 18
64.
The recommendations noted in the report in paragraphs 26 (b); 26 (c); 27; 28 (b) and
28 (c); 31 (b) and (f); 38 (c); 39 (a) and (b); and 58 (b) above did not enjoy the support of
Tonga.
65.
With regard to recommendations 28 (b); 31 (b); 39 (b); and 58 (b), the State under
review offers the following comments:
Whilst current laws might criminalize certain consensual sexual conduct,
Tonga is a Christian society that believes in tolerance and respect across difference. A
respect for difference allows the widest margin of appreciation to lawmakers as well as
other stakeholders and encourages robust debate about equality within society.
66.
With regard to recommendation 26 (c), the State under review offers the following
comments:
The death penalty remains the ultimate criminal sanction lawfully available to
the State and has only been imposed in the most heinous of cases some 26 years ago.
The current determination for constitutional and political reform and the
consideration of other international human rights instruments may offer further
opportunities for discussion and debate on this issue.
67.
All conclusions and/or recommendations contained in the present report reflect the
position of the submitting State(s) and /or the State under review thereon. They should not be
construed as endorsed by the Working Group as a whole.
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