A/HRC/8/48
Page 5
12.
The Permanent Representative to the United Nations, Ambassador Fekitamoeloa
‘Utoikamanu, further provided responses to the questions posed in advance. She indicated, in
response to the question posed by Latvia, that the Government received a request for interaction
with a Special Representative of the Secretary-General on human rights defenders concerning the
alleged treatment of citizens by the security services during the November 2006 riots. For reasons
explained in the national report, such interaction was not under the circumstances considered
appropriate. However, the ongoing constitutional and political reform process may give rise to an
opportunity to consider the issue of standing invitations for special procedures in the future.
13.
Regarding the question on the equality of rights between men and women, Tonga’s
patrilineal land tenure system also appears to disadvantage younger male siblings as well as female
ones. Regarding the amendment of the land laws which the Tongan Government proposes in order
to allow women to inherit land where there is no male heir, she indicated that whilst the precise
scheduling of amendments of the law may not yet be determined, any amendments to this system
will be guided by the task and a balanced consideration of the interests involved. Under the current
system of leasehold, for example, nothing prevents any man or any woman from acquiring or
exploiting any leasehold land and disposing of the leasehold interest as they see fit. Further, any
widow or eldest daughter may have a life interest in family land pending the majority or creation of
a new male heir. As for child support, there is current legislation that covers the maintenance and
support of children. Furthermore the cultural notion of the extended family often provides a social
safety net and support for children in need.
14.
In relation to the treatment of detainees and prisoners by security forces, she indicated that
the Constitution and the criminal justice system in Tonga follows the modern common law
approach of according suspects bail as of right, enables them access to counsel and family and to
be brought before a magistrate within certain time limits. A further process overlaying access by
NGOs to detainees and prisoners would be unnecessary.
15.
On the question related to reporting obligations to treaty bodies, Tonga’s reporting has been
lax but this has been due to overwhelming and serious financial, technical and capacity constraints,
as well as other competing domestic priorities. At a regional level, it should be noted that the
Government of New Zealand is exploring with OHCHR the interface between customs and human
rights in the Pacific to identify ways to accommodate local values and customs with universal
human rights standards and barriers to the ratification of international conventions. It is prepared to
consider innovative ways and means, perhaps as a result of the UPR process, to not only improve
its reporting on instruments to which it is already party but also to include those outstanding
instruments to which it not yet a party. The experience of other regional partners may also bear on
this exercise.
16.
On the question of the adherence to a strict timetable for the process of constitutional and
political reform, the Legislative Assembly passed a resolution setting out an indicative timeframe
until 2010 to guide the reform process. A process of such fundamental change ought to properly
proceed at a pace that is neither hasty nor superficial. For a lasting durable change to rightfully take
place in Tongan society, stakeholders deserve time to enable them to reasonably absorb and
reassure them of what lies ahead. As an example, the Government has embarked on a reconciliation
and civic education programme to explain constitutional options at the village level. A potentially
useful outcome of the UPR process, particularly from its implementation fund, would be further
financial and technical assistance to continue these efforts.
17.
On the role played by civil society in the drafting of the national report, as reflected in the
Minister’s statement, Tonga’s national report was prepared with the assistance of the Government
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