📋 Tender Overview
1. Overview of the human rights and democracy situation: Tonga is a Kingdom with a highly stratified patriarchal system. The King retains important powers, including the authority to veto legislation, dissolve the parliament, and appoint judicial officials.
Tonga's Constitution provides for the protection of certain fundamental rights and freedoms.The Constitution and its revisions do not specifically guarantee women equal rights to men. While there is no discriminatory legislation concerning participation of women in politics, the traditional system and cultural factors limit participation of women in political processes and local government.
The level of domestic violence remains a critical human rights issue in Tonga and has been identified by the Government as a major impediment to gender equality. There is a political will in the country to address the problem. The Family Protection Act 2013 recognises domestic violence as a legal offence and provides a legal framework for preventing domestic violence. Tonga made significant progress in the legislative arena at the end of 2022 with the adoption of a changed definition for rape allowing for a more comprehensive definition to include marital rape and rape between partners.
The Constitution guarantees freedom of press, and there are independent media outlets in Tonga. There is however a record of lawsuits by politicians against media outlets, exposing them to the risk of heavy damages. Same-sex relationships are not legally recognised in Tonga and consenting same-sex relationships between adults remain criminalised by law, although there are no reports of the law being enforced. There is a de facto moratorium on the application of the death penalty since 1982. Tonga does not have a National Human Rights Institution. The Ombudsman’s office is empowered to investigate any decision, act or omission by government services or relevant organisations.
Climate change has also become a serious human rights issue in Tonga, as it threatens the effective enjoyment of a range of human rights including those to life, water and sanitation, food, health, housing, self-determination, culture and development.
2. EU action - key focus areas: Through a budget support operation on energy, the EU promotes progress towards sustainable development and encourages an accountable and effective public administration.
3. EU bilateral political engagement: In bilateral engagement under Article 8 of the Cotonou Agreement, the EU urges Tonga to formally abolish the death penalty, accede to the Rome Statute and core Human Rights Conventions, and to decriminalise same sex relations. In 2022, the EU carried out demarches and outreach activities inviting Tonga to support the EU’s human rights initiatives, to support Ukraine and other priorities at the UN level.
4. EU financial engagement: Out of the EUR 10 million EU contribution to energy budget support, EUR 6.65 million are implemented through budget support. This modality promotes the right to participate in public affairs and accountable and effective public administration. The 11th European Development Fund EUR 1.1 million allocation to the Technical Cooperation Facility and Support to Civil Society has contributed to facilitating policy dialogue between the Government of Tonga and civil society organisations and promoting a meaningful and effective participation of the civil society in public affairs.
Tonga benefits from the regional Pacific Partnership programme which tackles root causes of gender inequality and violence against women in the Pacific. In Tonga, this programme, inter alia, provides support to the Government’s Women’s Affairs and Gender Equality Division to develop a national referral pathway and standard operating procedures to guide multisector service provision to women and girls who experienced violence, and offers technical and financial support to national crisis centres and hotlines. Tonga also benefits from the joint EU- UN regional Spotlight Initiative’ Pacific window (EUR 50 million).
5. Multilateral context: Tonga's last Universal Periodic Review was completed on 15 January 2018.
Tonga has extended a standing invitation to the special procedures of the UN Human Rights Council. Tonga is not a party to the Rome Statute of the International Criminal Court.
