Report - Office of the High Commissioner on Human Rights

Element – Culture:
Women must fulfil all <strong>the</strong> functions <strong>of</strong> <strong>the</strong> community. When a woman marries she marries <strong>the</strong> whole
family, not just <strong>the</strong> husband, and must fulfil her functions to all members <strong>of</strong> <strong>the</strong> family.
Element – Participation:
Women have no say in <strong>the</strong>ir family meetings, only obligations. I only do whatever <strong>the</strong>y want me to
do. Especially for issues about land, I never open my mouth. For example, once I planted some flowers
and my husband’s family said go to your uncle’s home and plant <strong>the</strong>re (i.e. because it is a matrilineal
system, I am superior to my uncle).
Element – Information and capacity:
The first wife could have secured a share in <strong>the</strong> property if she knew her legal rights and had made
a claim. So having local, regional and international information is very important.
Sources – The constitution gives women equal rights with men except in areas <strong>of</strong> land rights and
inheritance <strong>the</strong>re<strong>of</strong> and citizenship rights <strong>of</strong> Tongan women’s children and husbands. The National
policy, Land Act - but <strong>the</strong> laws are not implemented. Beijing and Pacific platforms for action, which
aim for equality between men and women in 2025 (but <strong>the</strong>se are not implemented), MDGs, global
conferences (e.g. Human Rights 1993, Habitat, 4 th World Conference on Women).
Gender equality and non-discrimination – is identified in CRC, CERD, national policy. While Tonga
has some NGOs it has only a few NGOs working on promoting human rights (i.e. one is providing
legal literacy and ano<strong>the</strong>r is really working on promoting women’s rights). The Women’s Center
provides counselling for women.
There is inadequate enforcement <strong>of</strong> laws, corruption, and nepotism - particularly in women’s cases
in court – where everyone knows everyone. For example, a wife with 12 children claimed maintenance.
The lawyer and client went to court twice but <strong>the</strong> summons was not served because <strong>the</strong> police came
from <strong>the</strong> same village as <strong>the</strong> husband.
Victims – The first wife was an innocent victim. The second wife was also a victim.
Losses – The first wife lost her property, her financial security, her livelihood, her labour she had
contributed to building <strong>the</strong> house, her beautiful garden, she lost <strong>the</strong> place she loved.
Non-materials losses – Trauma, lower social status as a divorcee, stigmatised, loss <strong>of</strong> personal freedom.
Violators/duty holders – The husband, <strong>the</strong> State, nobles, in-laws, police courts, relatives who won’t help,
king judiciary, district <strong>of</strong>ficers, town <strong>of</strong>ficers, church leaders.
Actions/Recommendations – reform <strong>the</strong> national policy; petition <strong>the</strong> king; constitutional reform; networking
with church groups, women’s groups, <strong>the</strong> Prime Minister’s <strong>of</strong>fice; continue legal literacy project; legal
action; media advocacy (this has been very powerful in Tonga); submit parallel reports to treaty
committees.
168 WOMEN’S RIGHTS TO ADEQUATE HOUSEING AND LAND