Report - Office of the High Commissioner on Human Rights

– National Policy on Gender and Development (2001) provides <strong>the</strong> vision to reach gender
equity in all spheres <strong>of</strong> life by 2025.It addresses gender equality in culture, family and <strong>the</strong>
economy. But although it has been three years since it was approved, nothing has been
implemented;
– Millennium Development Goals – empowerment <strong>of</strong> women; reduce poverty.
Overriding principles – Gender equality and non-discrimination in all its forms.
Guarantees – CERD, CRC, Millennium Development Goals, National Policy on Gender and Development,
Section 4 <strong>of</strong> <strong>the</strong> Constitution. But <strong>the</strong> culture <strong>of</strong> patriarchy, <strong>the</strong> attitudes and behaviour completely over
rides <strong>the</strong>se guarantees.
Causes – It is <strong>the</strong> substance, structure and culture <strong>of</strong> <strong>the</strong> way Tongan society is made up.
The law contributes to <strong>the</strong> problem by maintaining a patriarchal society, keeping women oppressed
with regards to rights to land, in accordance with <strong>the</strong> dominant male standards evident in culture.
Men are <strong>the</strong> caretakers <strong>of</strong> land and women’s role is within <strong>the</strong> home, to bear and care for her husband
and children.
Substance – not having laws or provisions in our constitution that recognise men and women are equal
under <strong>the</strong> law. When it comes to land gender and development is not implemented.
Structure – Institutions in Tonga that re-enforce <strong>the</strong>se patriarchal culturally appropriate ideologies;
attitudes and accepted behaviours that land is a man’s issue and that women should not get involved;
and <strong>the</strong> majority <strong>of</strong> magistrates and judges who are ignorant, who are all male.
Victims – 4 generations <strong>of</strong> victims - I don’t want my daughter to be a victim.
Great grandmo<strong>the</strong>r:
– The family made a collective decision for her to marry <strong>the</strong> son <strong>of</strong> a landowner on <strong>the</strong> main
island. Despite <strong>the</strong> fact that she was in ill-health, her duty to bear sons in order to access <strong>the</strong>
land was more important.
Grandmo<strong>the</strong>r:
– My nanna was forced to marry at <strong>the</strong> age <strong>of</strong> 15 because my great grand fa<strong>the</strong>r didn’t want
<strong>the</strong> cultural responsibility <strong>of</strong> looking after her (i.e. that is mo<strong>the</strong>r’s duty not a fa<strong>the</strong>r’s)
Mo<strong>the</strong>r:
– My mo<strong>the</strong>r was forced to marry her first husband because he was <strong>the</strong> eldest son and heir to
<strong>the</strong> tax and town allotment, despite <strong>the</strong> fact that she did not know anything about this man.
My mo<strong>the</strong>r’s fa<strong>the</strong>r made <strong>the</strong> decision for her to marry.
– My mo<strong>the</strong>r was forced to prove her virginity so that <strong>the</strong> family was in approval <strong>of</strong> marrying
<strong>the</strong>ir son who was <strong>the</strong> grand prize.
– My mo<strong>the</strong>r was to bear children immediately so that she could have a son who could
be <strong>the</strong> heir as her rights as a woman are not recognized and rights <strong>of</strong> widows are
restricted.
192 WOMEN’S RIGHTS TO ADEQUATE HOUSEING AND LAND