Women's rights in Tonga
Women's rights in Tonga, as compared to the
The issue of women's rights in Tonga is not entirely ignored within Tongan culture and government, and reformations have been considered. Women within Tonga have had the right to vote since the late Majesty Queen
Gender inequalities in Tonga
According to the 2011 Human Development Report (HDR), Tonga ranked 90th out of 187 countries in terms of the Human Development Index (HDI). In terms of gender inequalities, a key indicator that stands out in the HDR is that in 2011, Tongan women constituted 3.4% of the elected representatives, which stands in stark contrast to the regional averages for East Asia and Pacific (20.2%) and small island developing countries (20.6%). Moreover, no woman was elected in the 2010 elections, albeit one who was appointed to a cabinet post. This poor political representation does not seem to stem from the low educational achievement of women, since, according to the 2011 HDR, 84% of women and 87.8% of men in Tonga had at least secondary education, which is well above the regional averages for East Asia and the Pacific and small island developing countries. There was disparity in women's labor force participation relative to men's participation rate: half the Tongan women were in the labor force compared to 75% of Tongan men.[2]
The population of males and females in the total Tongan population is nearly equal with the total male population at 52,350 male and 52,360 female. By this total population ration data, there is no visible data showing that there is a gender bias for sex selective births.[2]
Tonga and CEDAW
Along with
Tongan culture and CEDAW
Tonga's rich and ancient culture dates back an estimated 3000 years when the Tongan archipelago was inhabited. Tongan culture and society have evolved over many thousands of years creating the back bone of Tongan culture. Today Tongan culture and the Anga Fakatonga [8] (Tongan way of life) is protected and preserved by lawmakers, government, and monarchy within Tonga. Great respect for the Anga Fakatonga is also given by Tongan society in protection of culture and heritage. The Anga Fakatonga has preserved a rich and ancient culture that has codified law and social norms within today's current Tongan society. The Anga Fakatonga has been culturally protected and is rarely open to outside influence and intervention. In regards to women's rights and ratification of CEDAW (The Committee on the Elimination of Discrimination Against Women) the Anga Fakatonga has clashed with some of CEDAW reformation measures and has been a factor in the current non-ratification of CEDAW. Issues with Tonga's current laws and the Anga Fakatonga's adherence include women's land rights and loose enforcement of violence against women laws.
Tongan social structure
Kin-based stratification
Traditional Tongan culture has ancient traditions including a "kin-based stratification", or allocation of power based on age, sexual orientation, and birth order. The Api, or basic order of Tongan society, is based at the root of oldest male control over a family group. This control, or leadership, is a responsibility with the family group, but it also gives power over decision making of things such as resource allocation, family labor duties, and discipline.[9]
Family decision making
Decision making traditionally has been made by the father/husband. Imbedded deeply in the Tongan cultural framework, this patriarchal, or 'Ulumotu'a (oldest male) leadership places decisions final say with the male leader of any given Tongan family. The fahu, the highest female in social structure, or oldest sister in the family structure, has title given but traditionally does not have any decision making power.[10] It could be argued that an increase in educated male and female population couples has balanced the decision making shared between both husband and wife. However, in extended family structure, the traditional kin based stratification is usually followed.
Article 12
The
Women's land rights
Historically the
Land ownership reformations
The Ministry of Women's Affairs in Tonga will be enacted and created by the end of 2012 and has been announced (March 2012). This will open up options, and possible conversation about women's rights, to review and possibly amend the current constitution in regards to the current women's land rights in Tonga. As a possible move towards an amendment of current constitutional restrictions of women and ownership of land, Tonga could take a huge step forward towards the ratification of the UN Convention of the Elimination of Discrimination Against Women (CEDAW). Independent of compliance and possible ratification of CEDAW, through an amendment of the current constitutional laws, it is thought that women's possible land ownership will help progress women's rights on a large scale.[13]
Violence against women
In many cases, violence against women has gone unnoticed, and is accepted by both men and women, and is rarely prosecuted. Marital rape was criminalized in 2013.[14]
Reform in protecting women
The Solicitor General, 'Aminiasi Kefu pledged in early March 2012 initiatives set to protect women. These initiatives include a formal Bill on Domestic Violence, and a bill addressing Tongan women's land rights drafted in part by the Ministry of Women's Affairs. A pledge was also made that adoption of a "no drop policy" be enacted for all cases of domestic violence pending an investigation, and prosecution if conclusive evidence is found of bodily harm, indecent assault, incest or rape.
The Australian High Commissioner to Tonga, HE Mr. Thomas Roth pledged a $1 million UN Women Pacific Fund to End Violence Against Women in March 2012. HE Mr. Thomas Roth said in an announcement of the funds, "UN Women Pacific Fund to End Violence Against Women" would be used to establish grants and facilitate training services for Tongan organizations to promote their work to eliminate violence against women".[13] In 2013 the Tongan legislature passed a Family Protection Bill which gave police the ability to issue immediate protection orders, establishes procedures to informing victims of their rights and procedures, and created a committee to monitor implementation of the bill.[15]
Women's political participation in Tonga
Other issues of Tongan women's rights include women's low participation in government parliament. The parliament is the governing body that has historically and even in recent years rejected CEDAW, in an effort to protect the Anga Fakatonga. There are some male political participants including the former Prime Minister Lord Tu'ivakano, who have said that they support the CEDAW. However, there is an overwhelming attitude in Parliament and in the general political environment that there are more pressing issues including political reform and economic development that have placed women's rights on the back burner. Women however do have a voting voice as of 1951 when the late Majesty Queen Salote Tupou III amended the constitution allowing this right. Women, by this amendment, were also allowed participation in parliament, however from the time that women were given the opportunity, only four have been voted in as a voice for the people on Parliament as People's Representatives in the Legislative Assembly.[8]
Political progression
Until 2006, women have not been appointed to a Ministerial Position. In May 2006, Solicitor General 'Alisi Taumoepeau was appointed Minister of Justice. Under the 1875 Tongan Constitution, women cannot be voted into one of the nine Noble seats or two Governors' seats as these aristocratic positions can currently only be inherited by men. Aside from the nine seats in Parliament and the two Governors' seats, there are twelve seats reserved for the Minister of the Crown which are all reserved and appointed by the King. Until the recent appointment of Alisi Taumoepeau in 2006 there had not been any Women appointed to Ministerial Positions.[8]
Cultural attitudes and social norms
Of the 33 seats in the house reserved for Peoples Representatives, only 9 represent any hope of women getting in Parliament as the other 23 seats are assigned and/or can only be held by men.
CEDAW and political goals
Article 7 of CEDAW states that “State Parties shall take all appropriate measures to eliminate discrimination against women in the political and public life of the country and, in particular, shall ensure women,on equal terms with men, the right:[1] (b) "To participate in the formulation of the government policy and the implementation thereof and to hold public office and perform all public functions at all levels of government". Tonga has made specific goals in the development of women's rights that should comply more with the measures of CEDAW. Commitments and goals to improve political participation include;
See also
References
- ^ a b "Convention on the Elimination of All Forms of Discrimination against Women". United Nations Division for the Advancement of Women. Retrieved March 10, 2013.
- ^ a b "Tonga Country Profile: Human Development Indicators". United Nations Development Programme. Retrieved 24 November 2020.
- ^ "Human Rights: 8. Convention on the Elimination of All Forms of Discrimination against Women". United Nations Treaty Collections. Retrieved March 10, 2013.
- ^ a b "Tongan Parliament decides not to ratify CEDAW" (Press Release, 18 September 2009), para 3. Retrieved 2011-06-21.
- ^ "Meet the staff: 'Ofa-ki-Levuka Guttenbeil Likiliki, Director". Women and Children Crisis Centre (WCCC) Tonga. Retrieved 14 March 2015.
- ^ Vaka'uta, Koro (10 March 2015). "Tonga cabinet agrees to ratify CEDAW". Radio New Zealand. Retrieved 14 March 2015.
- ^ Vaka'uta, Koro (26 February 2015). "Tonga set to finally sign CEDAW". Radio New Zealand. Retrieved 14 March 2015.
- ^ a b c d e 'Ofa, Guttenbeil-Likiliki. "Advancing Women's Representation in Tonga". Pacific Islands Forum Secretariat. 2006. Retrieved March 10, 2013.
- ^ ISBN 978-9-820-20012-8.
- ISBN 978-0-824-82619-2.
- ^ "Fact sheet: The right to participation". Unicef. Retrieved March 10, 2013.
- ^ "Nations urge Tonga to give women land rights and improve LGBTQ record". RNZ. 8 May 2023. Retrieved 10 December 2023.
- ^ a b "Tonga launches violence against women initiatives". PACIFIC ISLANDS REPORT. 10 March 2012. Archived from the original on 28 July 2014.
- ^ Section 29 of the Family Protection Act 2013 reads: "Subject to clause 12 of the Constitution, in addition to liability under this Act, a respondent may also be prosecuted under other criminal laws for the time being in force for his acts if the facts disclose the commission of a separate criminal offence under those provisions. Note: For example, (without limitation), assault, offences endangering life and health, grievous bodily harm, rape, other sexual offences, murder and manslaughter and sexual exploitation through people trafficking and smuggling" [1]
- ^ "Tonga passes Family Protection Bill". New Zealand Family Violence Clearinghouse. 17 September 2013. Retrieved 14 March 2015.