A/HRC/23/4
core human rights conventions. Tonga, however, continued to be active in supporting and
developing human rights aspirations through legislation, policies, training, awareness
programmes, and supporting national, regional and international activities and initiatives.
8.
In relation to democratization and law reform, Lord Vaea reported that the
democratization of the Tongan political system had been completed. He reported that the
process was led by the late king, His Majesty King George Tupou V, and that it was his
legacy to Tonga, the Pacific region and the world. Lord Vaea then outlined the significant
occurrences since 2008 in implementing democratization, and described the new political
system.
9.
Lord Vaea reported that the new revamped constitutional and political framework
provides fundamental features of a free and democratic society to all Tongan citizens. The
new constitutional and political system has demonstrated that it is robust and can resist
challenges against unstable and ineffective Government. Lord Vaea however stated that the
new system may not be perfect, but it was a significant achievement in making these
profound changes, in a peaceful and orderly manner, within a period of four years. Lord
Vaea acknowledged with appreciation the technical assistance offered during the
constitutional and political reform process by donor States and international organizations,
including the Governments of New Zealand and Australia, the European Union and UNDP.
10.
Regarding ratification of the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment (CAT), Lord Vaea referred to a question from
Norway, and explained that Tonga had not ratified the Convention because torture and
other cruel, inhuman or degrading treatment or punishment were already prohibited under
Tonga’s criminal law, and addressed in legislation regarding evidence, extradition and
mutual assistance in criminal matters. Further, the authorities responsible for investigation
and prosecution of torture are responsive and effective, and the judiciary imposed criminal
sanctions that are a deterrent to potential offenders. Lord Vaea also highlighted that the
occurrence of torture was not systematic in Tonga; in fact it was very rare. Lord Vaea
confirmed Tonga’s commitment to ratifying CAT.
11.
In relation to establishing safeguards against harsh treatment by police and security
forces, Lord Vaea referred to a question from Norway as to what steps Tonga had taken to
address the involvement of police officers in the maltreatment and death of civilians. Lord
Vaea reported that police and security officers are prosecuted without exception, and
offenders are disciplined and dismissed. The use of police intimidation tactics is a regular
occurrence, but police violence against suspects is rare. In the last 50 years, there have been
only two deaths at the hands of police officers. Lord Vaea also added that Tonga Police
planned to install a closed circuit television camera system and conduct training on the new
Tonga Police Act 2010, which sets out modern police standards that respect human rights.
Lord Vaea also reported that a new Police Commissioner had been appointed, with the
assistance of the Government of New Zealand, whose main task is to modernize the Tonga
Police. The Police Commissioner is supported by a significant tri-partite development
assistance programme between the Governments of Australia, New Zealand and Tonga.
12.
Lord Vaea referred to a question from the United Kingdom of Great Britain and
Northern Ireland as to what Tonga was doing to address the issue of police violence and
education programmes for police officers. Lord Vaea stated that education programmes on
the use of force were being provided together with training from police officers with
overseas experience. He said that the Tonga Police was establishing a community-level
presence and hoped to regain public confidence, and reported that Tonga Police had
relinquished non-policing roles, such as immigration and traffic registration and licensing,
in order to concentrate on its core police roles. He added that with regard to promoting
human rights education programmes for police, security and penal personnel, Tonga Police,
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