EFFECTIVE MEASURES FOR THE TREATMENT OF JUVENILE OFFENDERSAND THEIR REINTEGRATION TO SOCIETY
Loupua Kuli*
I. INTRODUCTION
The Kingdom of Tonga (also known as “The Friendly Islands”) is a monarchy with King George V as the
Head of the State. It is comprised of three main island groups, Tongatapu, Vava’u and the Ha’apai group.
There are minor islands such as ‘Eua and the two Niuas located further to the North.
The 1875 Constitution of Tonga is still the country’s Supreme Law and is also one of the oldest
Constitutions in the world. The Criminal Offences Act (COA) governs criminal activities within theKingdom. This law applies equally to everyone regardless of their age, race, religion or status. The law ofTonga does not stipulate the youngest age at which a person may be charged with a crime.
The Kingdom still has no Probation Act to guide the work of its probation officers. However, those within
the Crown Law Office who are responsible for drafting legislation are addressing this matter. Therefore theprobation officers’ duties are authorized and guided by the following directives:(i) Court Orders, particularly under section 25A of the COA. This is in relation to Community Service
Orders;(ii) Cabinet Decisions, particularly the new rehabilitation programme for youth known as the “YouthDiversion Programme”;(iii) Traditional procedures formulated by Ms. Grigg, a volunteer from the UK who founded the probation
service in 1994;(iv) Legal advice from the Crown Law Officers.
The Probation Division in Tonga handles adult and youth (juvenile) cases, both through the justicesystem and outside it.
In addition, the Probation Division is under the supervision of the Secretary for Justice and it employs
five officers. This is a major development because last year, there were only three officers. These five
officers are based at the main island, Tongatapu. The Probation Service is yet to be extended to the outerislands. There are five Magistrate Courts as well as the Supreme Court in Tongatapu, two Magistrate Courts
at Vava’u and one at Ha’apai. The Supreme Court has Court Circuits to Ha’apai and Vava’u, once and twice
respectively every year. There are also monthly Magistrate Court Circuits to ‘Eua from the Tongatapu
Magistrate’s Court and the Niuas from Vava’u Magistrate’s Courts. The Probation Division’s work is limited
to the courts on the main island unless there is an urgent need for an officer on the other islands.
As a result of the riot in Tonga on 16 November 2006, the implementation of the now major youth
rehabilitation programme commenced. The name of this programme is the Youth Diversion Programme.
First time offenders aged seventeen and under are diverted to this programme at the discretion of theProsecution Service. The details of this new programme will be discussed later in the paper.
With the limited staff and infrastructure of the Probation Division, we do our best to cope with theincreasing workload and to provide the highest quality service possible.

II. SERVICES PROVIDED BY THE TONGA PROBATION DIVISION
A. General Services
The following are the services provided by the Probation Division in Tonga in relation to juvenile
rehabilitation and reintegration into Tongan society:* Probation Officer, Probation and Youth Justice Division, Ministry of Justice, Tonga. Please note: the use of the word “youth”
in this paper also refers to juveniles.

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RESOURCE MATERIAL SERIES No.75(i) Preparation of pre-sentencing reports as directed by the Court;(ii) Arrangement and supervision of Community Work;(iii) Co-ordination and Supervision of the Youth Diversion Programme;(iv) Counselling;(v) Supervision of Probation Orders;(vi) Outreach programmes for youths e.g. “Youth Crime Awareness”.
Services (i), (ii) and (v) have been implemented since the establishment of the Probation Division in
Tonga. Service (iv) began in April 2007 with the recruitment of an Officer with knowledge of counselling.
Service (iii) commenced in early December 2006 after the riot in Tonga. This is a new development in the
rehabilitation of youths and will be discussed in detail later in the paper. Service number (vi) is currently informulation and is to commence in July 2007.

B. Youth Diversion Programme (YDP)
This is the first time this rehabilitation programme has been implemented in Tonga. After the riot in
November 2006, the Honourable Minister and Attorney General decided that it was time for Tonga to allow
offending youths a second chance, starting with the youths who were involved in the riot. The objectives ofthis YDP are:(i) To divert criminal issues from the courts in cases where young people are involved;(ii) To enable those who played a role in causing the damage to develop a full understanding of the harmthey have caused and acknowledge their responsibility for it;(iii) To enable those who played a role in causing the damage to contribute to repairing the harm;(iv) To increase community involvement in the justice process, and community commitment to restoring
peace and harmony in Tonga.
These incorporate some of the core objectives of the criminal justice system. The YDP also intends toresolve matters quickly, and to avoid imposing a life-long record of conviction on youths which could prevent
travel and limit employment opportunities. The Prosecution Service has the discretion to nominate eligible
youths to be diverted to the YDP and the qualifications are:(i) That he or she is 17 years old or under;(ii) That he or she is a first time offender; and(iii) That the case in which he or she is involved is a minor one (under the jurisdiction of theMagistrate’s Court).

III. TREND OF YOUTH OFFENDING IN TONGA
There has been a gradual increase in youth crime in the last four years. The following table is taken fromthe Tonga Police Force’s statistics and shows what type of criminal activities youths have committed from2002 to 2005.

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Major offences committed by young offenders (15-24 years) in Tonga (2002-2005)
Offences

2002

2003

2004

2005

Grievous Bodily Harm

2

5

4

5

Bodily Harm

15

11

24

11

Common Assault

106

102

82

74

Indecent Assault on a child

7

2

6

2

Theft

57

113

191

39

Receiving

3

7

–

–

Robbery

1

–

3

–

Embezzlement

1

4

1

–

Forgery

–

–

99

–

Obtain money by false pretences

2

6

68

–

Housebreaking

5

15

8

7

Unlawful entry into a building

9

12

17

9

Willful damage to properties

13

9

13

12

Disturbance

24

36

59

30

Abusive language

40

31

45

39

Drunkenness

348

274

443

417

Total

633

627

1063

645

The trend indicates a gradual change with a significant increase in 2004. In 2005, the average age forusing any type of alcohol was 17, which correlates to the increase in drunkenness in Tonga for that year.
In general, the PYJD works closely with non-governmental organizations (NGOs). These NGOs include
the Tonga Salvation Army, the Tonga Center for Women and Children, the Tonga National Youth Congress,and Legal Literacy. The referral of youths from the PYJD to each NGO for appropriate rehabilitation
programmes is based on the probation officer’s assessment of what kind of the guidance and assistance theyouth needs. For example, a youth who stole something to trade for liquor will be referred to the Alcohol andDrugs Awareness Course of the Salvation Army and perhaps the Life Skills Training course also.
For the PYJD to use the NGOs’ allowances, each NGO must seek permission from the Chief Justice of
Tonga by submitting an application. The Chief Justice must also endorse their respective rehabilitation
programmes.

IV. CHALLENGES FACING THE PROBATION DIVISION IN RELATION TO
YOUTH REHABILITATION SERVICES
A. Financial
Because the national budget is limited, the PYJD can barely meet the existing costs of manpower andequipment. This prevents the extension of services to the outer islands. The equipment required includes areliable vehicle, maintenance tools such as lawnmowers, and administrative tools such as computers, etc.
This is the greatest challenge in the work of the PYJD.
B. Cultural
It is the traditional belief of Tongans that a criminal will be punished by a court. Society is therefore
questioning the effectiveness of this new YDP programme. Some Tongans challenge the YDP and say that it
is unfair that prior to the establishment of the YDP some youths were sentenced to hard labour whilst
present offenders are not.

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C. Social
Youths who were committing offences are still mingling with other members of society and may have anegative influence on their peers. There have been a few cases where a young offender living with peers has
encouraged the others to commit further offences. There are also a few cases where young offenders havebeen before the Courts since the age of 12 for stealing and housebreaking. Having attained the age of 21 andbeen to prison a number of times, their behaviour has not improved. Despite attending various NGOs’
rehabilitation programmes, the offenders still are not employed.
D. Lack of Legal InfrastructureFirst of all, Tonga is yet to establish a separate court for juveniles and is yet to enact a separate Juvenile
Act. Discussion of this very important issue is currently proceeding. It was only in April 2007 that theConvention for the Rights of Child was launched in Tonga.
The arresting procedure of a juvenile is the same with that of an adult. There is no difference whatsoever.
The juvenile is also detained in exactly the same way as adults. After the 16 November riot in Tonga, many
people, including juveniles, were arrested. In fact, these juveniles were detained with the adult offenders
from overnight to a week or more.
Additionally, the same prosecution procedure is applied to juveniles in Tonga and the same sentences arealso applicable.

E. Problem Families
The number of juveniles from broken families is increasing. In some cases, both parents have migrated
overseas leaving the juvenile with relatives who equally neglect their guardianship of these minors. There isalso a lack of guidance for parents who have difficulty raising their children. In some cases, juveniles havebeen known to commute between both parents, finally ending up living with a peer group from whom he or
she can pick up all sorts of criminal activities.
There are also some juveniles who left school at a very young age; some are engaged in hard labour toearn a living whilst others roam the streets seeking other ways to earn an income.
Some interviewees lie to the probation officer when questioned about the juvenile, making it very
difficult for the probation officer to make a correct risk assessment of the juvenile.

F. Specific Challenges in Introducing the Youth Diversion Programme
There are no additional staff to co-ordinate this newly established diversion programme, nor has thesalary scale increased to reflect the extra workload. There is also a lack of funds for resources such as
vehicles. There is an absence of any official regulation or law for the guidance and protection of theDiversion Programme.
So far the repayment of victims’ losses is via compensation ordered in the Courts. Attempts have been
made for some offenders to execute their Community Work hours to the victim’s benefit, but in most cases
there is lingering ill-feeling between the two parties.

V. EFFECTIVE MEASURES IN THE TREATMENT OF JUVENILE OFFENDERS
So far, Tonga lacks the facilities for institutional treatment. However, the close relationship and cooperation of the NGOs makes the rehabilitation and reintegration of juvenile offenders much more possible.
Below is a sample of the Tonga Salvation Army rehabilitation programmes for juveniles:
•
•
•
•
•
•
•
•

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Assessment
12 Step Comprehensive Treatment Programme
12 Steps to Good Health
Life-Skills
Healthy Anger
Smoking Cessation Programme
Psychology of Winning
Family Focus Group

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•
•
•
•
•

Parental Information Group
Recovery Group
Community Based Programmes
Recreational Programme
Recovery GroupA. Community-based Treatment of Juvenile Offenders
An unofficial restorative justice programme is in practice in one of the villages in Tongatapu. In thisrestorative justice system, the complaint is verbally submitted by the complainant to the Noble or his
representative and the elders in the village at the fono meetings. There is an apology from the person who isthe subject of the complaint and some kind of agreement is negotiated by that person and the offended party
as to how the relationship will be restored.
The main objective of this unofficial restorative justice is to maintain peace and harmony in the village by
the efforts of the community members themselves. According to the members of the village, it is very
effective.

B. Effective Measures to Promote the Reintegration of Juveniles into the Community
The best method practiced in Tonga is when parents and elders include young offenders in theircommunity gatherings, such as kava parties, and give them good advice and let them know they are notoutcasts.
In the YDP, there is a family conference where the parents are present and involved in the discussion ofwhat is best for their child. With the 16 November cases, the victims were not invited, mainly because of thepolitical unrest in Tonga. Inviting the victims may have caused more problems for everyone rather thanfinding a peaceful solution to what happened.
There is still a lack of hostels and other rehabilitation aid places in Tonga. There are however somepeople who take in delinquents and try to help them become better people and citizens. Some are successful
and some are not.

VI. CONCLUSION
In conclusion, Tongans have now realized that sending people to prison to punish them for their crimes is
not the only way to create a better Tonga. The introduction of the YDP proves this. Parents and community
members are surprised that the Government who passed the law is now giving another chance to criminals,
especially the youth, to realize what they did was wrong and to save them from any limitations on future
employment and travel opportunities. It is the foremost duty of the Tonga PYJD to oversee any rehabilitation
programmes within the Ministry and NGOs and to oversee the reintegration of youths into the community.
The main task of the Probation Division is to make youths feel accepted by including them inrehabilitation programmes so that they will understand the causes and the consequences of their wrongfulactions and will make better choices.
This is also why the Tonga PYJD is formulating and will implement the Crime Awareness Programme to
inform juveniles of what they should and should not do in order to abide by the law, because most juveniles
admitted that they did not know that by perpetrating a specific act, they actually committed an offence.
In summary, the Tonga PYJD is doing its best with present staff and infrastructure to assist the vision of
the Ministry of Justice for a “Better Tonga Tomorrow”.

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