A/HRC/8/48
Page 8
28.
Netherlands commended Tonga on its human rights record and noted the improvements
made despite the current political transition the country is undergoing since the unrest in November
2006. It enquired about additional measures taken to ensure equal rights between men and women
in the area of child support and inheritance. While noting that Tonga is party to the CRC and the
ICERD, it (a) recommended that Tonga take measures to ensure accession to the core human rights
instruments such as ICCPR and ICESCR. Although Tonga is not party to ICCPR, it (b)
recommended that Tonga amend legal provisions that criminalize some forms of sexual activity
between consenting adults and decriminalize sexual activity between consenting adults. It (c)
recommended also that Tonga facilitate extended access to prisons for NGOs and that it implements
the recommendations contained in the report of the Community Para-Legal Taskforce on Human
Rights with regard to persons detained by the security forces.
29.
Bhutan noted that the international community could play a critical role by welcoming
Tonga’s openness to constructive engagement through dialogue and cooperation in the field of
human rights and supporting the Government’s efforts. It noted that many human rights principles
were found in the Tongan Constitution and its ancient customs would continue to strengthen efforts
towards greater constitutional and political reforms. Bhutan appreciated Tonga’s policy to consider
ratification of international treaties, and asked about its experience in meeting the challenges of
treaty reporting obligations, how OHCHR supported such efforts, and whether this has been a factor
when considering the ratification of other instruments.
30.
China welcomed Tonga’s work in improving the standard of living of the population. It also
noted the positive results achieved by Tonga in the areas of education, health and poverty reduction,
achieving several of the Millennium Development Goals. On civil and political rights, it noted that
Tonga is actively working to promote human rights education and to strengthen the training of
police in human rights. It noted with appreciation Tonga’s openness in presenting its developments
priorities and challenges and asked how the results of development were distributed and, within the
framework of globalization, on the steps taken by Tonga to protect the cultural rights and the
cultural identity of its population.
31.
Canada recognized that Tonga’s 132-year-old Constitution enshrined basic human rights
and fundamental freedoms and noted Tonga’s commitment to further democratization, political
reform and achievement of the Millennium Development Goals. Canada raised concerns about the
violation of right to freedom of expression by imprisoning journalists and (a) recommended that
Tonga take measures to ensure that a diversity of opinions can be expressed. It noted that Tonga
maintains criminal sanctions against some forms of sexual activity between consenting adults and
(b) recommended that Tonga amend its criminal laws so that sexual activity between consenting
adults is not a criminal offence. It noted a joint appeal by three special procedures on the treatment
of detainees and prisoners by security forces and enquired about steps taken to implement their
recommendations. It (c) recommended that Tonga consider the ratification of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) and (d)
the implementation of recommendations by special procedures so as to provide institutional
safeguards against harsh treatment by police and security forces. It also (e) recommended that
Tonga promote human rights education programmes for police, security and penal personnel. It also
(f) recommended that Tonga take steps to eliminate graft within the public sector so that the
enjoyment of human rights is not imperilled by rent-seeking within Government. It noted plans to
continue considering to establish a national human rights institution and (g) recommended that
Tonga pursue its efforts to create a national human rights institution under the Pacific Plan.
32.
France enquired about steps taken or envisaged to promote the rights of human rights
defenders and to ensure the right to a fair trial. It also enquired about the measures Tonga plans to
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