| Click here for a summary of Tonga’s review at the first cycle and/or the third cycle. |
15th UPR session
Date of review: 21 January 2013
Date of report adoption: June 2013
Working Group report: A/HRC/23/4
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SUMMARY SOGIESC issues during Tonga’s 2nd UPR review |
I. Key issues/recommendations identified by NGOs
- Review the High Commissioner’s report on sexual orientation and gender identity, and consider implementing the recommendations.
II. Excerpts from input reports
There were no references to sexual orientation or gender identity in any of the three input reports – the National report, the compilation of UN information, and the summary of stakeholder submissions.
III. References to SOGI during the Working Group review
51. The United Kingdom of Great Britain and Northern Ireland encouraged Tonga to establish a human rights institution in compliance with the Paris Principles. It called upon Tonga to take steps to advance the legal position of women and asked how Tonga plans to address discriminatory rules against women. While taking note of Police Act 2010, it was concerned about allegations against police officers and urged Tonga to take further measures in this regard, and to repeal all provisions that criminalise consensual same-sex conduct. It made recommendations.
IV. Conclusions and/or recommendations
81. The following recommendations will be examined by Tonga which will provide responses in due time, but no later than the 23rd session of the Human Rights Council in June 2013.
81.5. Examine the possibility of strengthening measures to eliminate all discriminatory treatment related to sexual orientation or gender identity (Argentina);
81.6. Bring its national legislation into conformity with its commitment to equality and non-discrimination, by repealing the provision in the Penal Code to criminalize sexual relations between consenting adults of the same sex (Norway);
81.7. Decriminalize consensual sexual relations between same-sex adults, and combat cases of discrimination against those persons (Spain);
81.8. Repeal the provisions of the Tongan Criminal Offences Act criminalizing consensual sex between adults of the same gender (United States of America);
81.9. Amend its legislation to repeal laws which criminalize consensual adult same-sex relations (Canada);
81.10. Abrogate all penal provisions criminalizing sexual relations between consenting adults of the same sex (France).
V. Adoption of the Report
The draft report of the Working Group was adopted at the 23rd session of the Human Rights Council in June 2013.
Presentation by the State under review
The main recommendations regarding gender equality in Tonga were to: increase the participation of women in the legislature, eliminate all discriminatory treatment related to sexual orientation or gender identity, and the decriminalising of same-sex consensual sex.
[…] Like other countries in the Pacific region, Tonga has enduringly and openly accepted persons with different sexual orientation or gender identity, and there is no discrimination policy or activities against such persons. This is done in the context of its conservative Christian values. The lesbian, gay, bisexual and transgender community has established an association to advocate for their rights, and they have been active in ensuring its members participate in mainstream social, economic and cultural activities. The “Tonga Leiti Association”, as they are known, are a partner association for the Tongan Government and other civil society groups for public awareness and advocacy for promoting a healthy sexual life, and are also supported in entertainment, sporting and business activities.
The decriminalisation of consensual sex between same sex adults is an issue that Tonga still wishes to consider further, through robust and comprehensive dialogue with a vast group of stakeholders. Whilst there is no doubt that such consensual adults are recognised and accepted as established members of the community, their lifestyle remains an issue to be further considered. Such dialogue will have to be conducted against the context of Tonga’s embedded conservative Christian values, and also well established criminal policy that prohibits against the act of sodomy when it is committed between different sexes in a malicious and violent manner. Tonga however wishes to record that it has not yet prosecuted any same sex adults for committing the act of sodomy, and so far, the criminal prosecutions for sodomy have only been restricted in the context of criminal offending, rather than against consensual same sex partners.
Statements by States and other stakeholders
Amnesty International
[…] We regret that Tonga has not supported recommendations to decriminalise consensual same-sex conduct among adults. We encourage Tonga to pursue the robust and comprehensive dialogue that it described in its response with a view to decriminalisation. […]
VI. Further information
UPR Documentation
National report 1 : A | C | E | F | R | S
Compilation of UN information 2 : A | C | E | F | R | S
Summary of stakeholders’ information 3 : A | C | E | F | R | S
Corrigendum : E
Questions submitted in advance : E
Addendum 1 : E
Outcome of the review
Report of the Working group : A | C | E | F | R | S
Addendum: E