Freedom of Speech and Press
The constitution provides for freedom of speech and of the press, but the government did not always respect these rights in practice. In January and February, five MPs were charged with sedition in relation to speeches they made at political rallies held just prior to the November 2006 riot. A court was scheduled to hear the cases in 2008.
In July a jury acquitted prodemocracy activist Sione Halafuka Vea, who had been charged with sedition for remarks he made at a political demonstration in November 2006.
There were no further developments in the 2005 case of former monopoly electric company employee Piveni Piukala, who was charged with illegally retrieving information from the company's computers after he publicly alleged excessively high salaries and other problems at the company. He remained free on bail and was residing outside the country at year's end.
The independent media were active and expressed a wide variety of views. In February TDS personnel, citing a legal prohibition on Sunday work for most businesses, instructed the staff of Kele'a, a newspaper owned by prodemocracy MP 'Akilisi Pohiva, to refrain from working on Sunday evenings. The editor and members of the prodemocracy movement interpreted this as intimidation by the TDS. The newspaper nevertheless continued to print articles characterized as "seditious" by the government. In March Tavake Fusimalohi, Kele'a's editor, was arrested and charged with sedition for publishing a weekly column that criticized the king; however, Fusimalohi died on December 3, before the case came to trial.
The Oceania Broadcasting Network, a television station operated by a prodemocracy activist, remained off the air during the year. The government ordered its shutdown in late 2006, ostensibly over a lease dispute.
Government-controlled media outlets were criticized for exercising self-censorship. In June, under government pressure, the Tonga Broadcasting Commission (TBC) imposed a ban on all reports on political topics and suspended coverage of parliamentary debates. TBC management stated it had received complaints from government ministers claiming bias in the TBC's Radio Tonga and TV Tonga reports. Despite TBC claims that the ban was officially lifted in July, restrictions remained effectively in place, with the TBC stating that, in light of political sensibilities since the riot, it refused to permit the airing of programs that might incite the population. Critics asserted that only prodemocracy material was banned, while progovernment material was freely permitted. In November the minister of the newly created Ministry of Information announced that the government was drawing up reporting guidelines for government-owned and TBC-controlled Radio Tonga and TV Tonga, ostensibly to assure balanced reporting. No guidelines were issued by year's end.
While there was little editorializing in the government-owned media, opposition opinion in the form of letters to the editor, along with government statements and letters, appeared regularly. From time to time, the national media carried comments, including some by prominent citizens, critical of government practices and policies.
Internet Freedom
There were no government restrictions on access to the Internet or reports that the government monitored e-mail or Internet chat rooms. Individuals and groups could engage in the peaceful expression of views via the Internet, including by e-mail. Lack of infrastructure limited access to a certain extent, but there were Internet cafes available in the larger towns in all three of the country's main island groups.
Academic Freedom and Cultural Events
There were no government restrictions on academic freedom or cultural events.
Freedom of Peaceful Assembly and Association
- Freedom of Assembly
The constitution provides for freedom of assembly; however, through May 16, pursuant to the state of emergency, meetings of five or more persons were prohibited. Thereafter, the EPR was changed, and such gatherings were no longer explicitly prohibited. In practice police tolerated a peaceful demonstration that took place in October during an international conference, but a planned march into the capital's central district was prohibited.
In April and May, court hearings took place for 32 protesters charged with various offenses during a June 2006 protest march in Nuku'alofa. Most of the defendants were found guilty of obstructing police and were fined. Several defendants were acquitted.
Approximately 800 persons were arrested and more than 500 persons were charged with offenses relating to the November 2006 riot. Trials were ongoing during the year, and by year's end, 91 persons had been convicted and 15 acquitted.
- Freedom of Association
The constitution provides for freedom of association, and the government generally respected this right in practice.
Freedom of Religion
The constitution provides for freedom of religion, and the government generally respected this right in practice. However, the dominant Christian religion shows its influence in a constitutional provision that Sunday, the Sabbath, is to be "kept holy" and that no business can be conducted "except according to law." Although an exception was made for bakeries, hotels, resorts, and restaurants that are part of the tourism industry, the Sabbath day prohibition was otherwise enforced strictly for all businesses, regardless of the business owner's religion.
TBC guidelines require that religious programming on Radio Tonga be confined "within the limits of the mainstream Christian tradition." Although the TBC allowed the Church of Jesus Christ of Latter-day Saints and the Baha'i Faith to broadcast their programs on TV Tonga and Radio Tonga, it prohibited discussion of their founders and the basic tenets of their faiths. A government-owned newspaper occasionally carried news articles about Baha'i activities or events, as well as those of other faiths.
Societal Abuses and Discrimination
There were no reports of societal abuses or discrimination against religious groups, including anti-Semitic acts. There was no known resident Jewish community.
For a more detailed discussion, see the 2007 International Religious Freedom Report.
Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons
The law provides for freedom of movement within the country, foreign travel, emigration, and repatriation, and prior to the declaration of a state of emergency in November 2006, the government generally respected these rights in practice. Under the ongoing state of emergency, the government restricted free movement in and around the government buildings and central business district in the capital. In December 2006 the government lifted injunctions placed on three persons, out of a list of 81, whose movements were restricted by the TDS for their alleged involvement in the November riot. By March the restrictions on the remaining 78 also had been removed.
The law does not prohibit forced exile, but the government did not employ it in practice.
Protection of Refugees
The law does not provide for the granting of asylum or refugee status in accordance with the 1951 UN Convention relating to the Status of Refugees and its 1967 protocol, and the government has not established a system for providing protection to refugees. The government provided protection against refoulement, the return of persons to a country where there is reason to believe they fear persecution. No persons were known to have applied for refugee status or temporary protection.
The government was not approached during the year by the Office of the UN High Commissioner for Refugees or other humanitarian organizations to assist with refugees or asylum seekers.
Section 3 Respect for Political Rights: The Right of Citizens to Change Their Government
Citizens do not have the ability to change their leaders or system of government. The king and 33 hereditary nobles dominated government. The king appoints the prime minister. He also appoints and presides over the Privy Council (called the cabinet when the king or regent is not presiding), which makes major policy decisions. The council is composed of as many as 14 ministers and two regional governors; it includes nobles and commoners, all serving at the king's pleasure.
The unicameral Parliament consists of the cabinet members, nine nobles elected by their peers, and nine representatives elected by the general population. The king appoints the speaker from among the representatives of the nobles. Cabinet members and nobles often voted as a bloc.
