81.3. Continue its efforts to create a national human rights institution (Turkey); Source of position: A/HRC/23/4/Add.1 - Para. 1 Supported A45 National Human Rights Institution (NHRI) Affected persons: - general Pending. See below. 81.2. Seek the support of the international community for the establishment of a national human rights institution and finalize the revision of its constitution (Angola); Source of position: A/HRC/23/4/Add.1 - Para. 1 Supported A45 National Human Rights Institution (NHRI) A28 Cooperation with other international mechanisms and institutions Affected persons: - general Pending. See below.
Theme: B31 Equality & non-discrimination 81.5. Examine the possibility of strengthening measures to eliminate all discriminatory treatment related to sexual orientation or gender identity (Argentina); Source of position: A/HRC/23/4/Add.1 - Para. 4 Supported B31 Equality & non-discrimination D46 Right to private life, privacy A41 Constitutional and legislative framework S10 SDG 10 - inequality Affected persons: - lesbian, gay, bisexual, transgender and intersex persons (LGBTI) Pending. Tonga Revised National Policy on Gender and Development 2014-18. National consultation held in 2016. Tonga Leiti’s Association - launched their Strategic Plan 2016-2020 in 2016. The vision of the Plan was for Tonga to respect and uphold the rights of person with diverse sexual orientations and gender identities. The association has held a national consultation in 2016 and ongoing workshops. 81.6. its national legislation into conformity with its commitment to equality and by repealing the provision in the Penal Code to criminalize sexual relations between consenting adults of the same sex (Norway); Source of position: A/HRC/23/4/Add.1 - Para. 5 Noted B31 Equality & non-discrimination D46 Right to private life, privacy A41 Constitutional and legislative framework S10 SDG 10 - inequality Affected persons: - lesbian, gay, bisexual, transgender and intersex persons (LGBTI) Not implemented. 81.7. Decriminalize consensual sexual relations between same-sex adults, and combat cases of discrimination against those persons (Spain); Source of position: A/HRC/23/4/Add.1 - Para. 5 Noted B31 Equality & non-discrimination D46 to private life, privacy A41 Constitutional and legislative framework S10 SDG 10 - inequality Affected persons: - lesbian, gay, bisexual, transgender and intersex persons (LGBTI) Not implemented. 81.8. Repeal the provisions of the Tongan Criminal Offences Act criminalizing consensual sex between adults of the same gender (United States of America); Source of position: A/HRC/23/4/Add.1 - Para. 5 Noted B31 Equality & non-discrimination D46 Right to private life, privacy A41 Constitutional and legislative framework S10 SDG 10 - inequality Affected persons: - lesbian, gay, bisexual, transgender and intersex persons (LGBTI) Not implemented.
81.9. Amend its legislation to repeal laws which criminalize consensual adult same-sex relations (Canada); Source of position: A/HRC/23/4/Add.1 - Para. 5 Noted B31 Equality & non-discrimination D46 Right to private life, privacy A41 Constitutional and legislative framework S10 SDG 10 - inequality Affected persons: - lesbian, gay, bisexual, transgender and intersex persons (LGBTI) Not implemented. 81.10. Abrogate all penal provisions criminalizing sexual relations between consenting adults of the same sex (France); Source of position: A/HRC/23/4/Add.1 - Para. 5 Noted B31 Equality & non-discrimination D46 Right to private life, privacy A41 Constitutional and legislative framework S10 SDG 10 - inequality Affected persons: - lesbian, gay, bisexual, transgender and intersex persons (LGBTI) Not implemented. Theme: B71 Human rights and the environment 79.31. Intensify its efforts on human rights and environment with the newly appointed Independent Expert on Human Rights and Environment of the Council (Maldives); Source of position: A/HRC/23/4 - Para. 79 Supported B71 Human rights and the environment A24 Cooperation with special procedures Affected persons: - general Pending. Tonga Revised National Policy on Gender and Development 2014-2018 identified one of the priorities as environmental and climate change is not properly acknowledged, by national strategies. Reviews on this ongoing. Tonga Environmental and Climate Change laws and policies are as follows: Environment Management Act 2010, Environmental Impact Assessment Act 2003 & EIA Regulations 2010. Tonga Climate Change Policy 2016 : A Resilient Tonga by 2035. This revised climate change policy is based on a new approach, one that is multi-faceted, gender-inclusive, equitable, and has a strong emphasis on community ownership supported by strong governance. D23 Death penalty
Theme: D26 Conditions of detention 81.27. Consider incorporating the UN Rules for the Treatment of Women Prisoners and Non-Custodial Measures for Women Offenders, otherwise known as the Bangkok Rules, as part of its work on the treatment of prisoners, in particular the new Prisons Act 2010 (Thailand); Source of position: A/HRC/23/4/Add.1 - Para. 24 Supported D26 Conditions of detention A41 Constitutional and legislative framework F12 Discrimination against S05 SDG 5 - gender equality and women's empowerment Affected persons: - women - persons deprived of their liberty Partially implemented. The Prisons Act 2010. Female prisoners are kept separate from male. Considerations are made for a child of a prisoner to live with them if born during imprisonment or very young. There has been an increase in female prison wardens with an increase in training on HR. Theme: D29 Domestic violence 79.38. Enact a law criminalizing domestic violence and providing specific penalties for cases of domestic violence (United States of America); Source of position: A/HRC/23/4 - Para. 79 Supported D29 Domestic violence F13 Violence against women A41 Constitutional and legislative framework S05 SDG 5 - gender equality and women's empowerment S16 SDG 16 - peace, justice and strong institutions Affected persons: - women Implemented. The Family Protection Act 2013 is the first Act in Tonga to state that domestic violence is an offence. The Family Protection Act 19 of 2013: An Act to provide for greater protection from Domestic violence, to introduce protection orders, clarify the duties of the Police and promote health, safety and wellbeing of victims of domestic violence and related matters. 80.3. Adopt a specific domestic violence legislation to criminalize rape in marriage (Italy); Source of position: A/HRC/23/4 - Para. 80 Supported D29 Domestic violence F13 Violence against women A41 Constitutional and legislative framework S05 SDG 5 - gender equality and women's empowerment S16 SDG 16 - peace, justice and strong institutions Affected persons: - women Implemented. Marital Rape is criminalized in the Criminal Offences Act [Cap 18] after the repeal of s.118(2) in 1999
Theme: D6 Rights related to name, identity, nationality 79.53. Reform the Nationality Act to include safeguards against statelessness, so that children born in Tonga ’s territory, who would otherwise be stateless, can acquire Tongan nationality (Slovakia); Source of position: A/HRC/23/4 - Para. 79 Supported D6 Rights related to name, identity, nationality F31 Children: definition; general principles; protection A41 Constitutional and legislative framework S16 SDG 16 - peace, justice and strong institutions Affected persons: - children - stateless persons Not implemented yet. However, children of naturalised parents can become Tongan citizens. Theme: D7 Right to participation in public affairs and right to vote 79.22. Ensure equal public participation through the introduction of a universal legal age of majority for all Tongan (Timor - Leste); Source of position: A/HRC/23/4 - Para. 79 Supported D7 Right to participation in public affairs and right to vote S16 SDG 16 - peace, justice and strong institutions Affected persons: - general Pending. There is no universal legal age of majority in Tonga, for instance, a Tongan male can own a piece of land at the age of 16, a person can marry at the age of 15 with parental consent, but cannot drive nor legally vote until the age of 21. Work is underway through proposed reforms to harmonise age of majority in legislation. D8 Rights related to marriage & family 79.37. Adopt the draft Family Protection Bill (Maldives); Source of position: A/HRC/23/4 - Para. 79 Supported D8 Rights related to marriage & family A41 Constitutional and legislative framework Affected persons: - general - women - children Implemented. Family Protection Act 2013 came into force on 1 July 2014. Theme: E1 Economic, social & cultural rights - general measures of implementation 79.24. Continue to defend the fundamental values enshrined in its constitutional history and its tradition in its efforts to ensure the full enjoyment of all human rights, in particular economic, social and cultural rights (Cuba); Source of position: A/HRC/23/4 - Para. 79 Supported E1 Economic, social & cultural rights - general measures of implementation Affected persons: - general Partially implemented. Constitutional reviews are in process.
79.36. Take further measures aiming at promoting women participation in public life and particularly their representation in Parliament (Algeria); Source of position: A/HRC/23/4 - Para. 79 Supported F14 Participation of in political and public life D7 Right to participation in public affairs and right to vote S05 SDG 5 - gender equality and women's empowerment S16 SDG 16 - peace, justice and strong institutions Affected persons: - women In the process. As above – TSDF II, National Dialogue on Supporting Parliamentary Candidates for Effective Parliamentary Participation: “Sharing Experiences and Networking”, hosted by Ministry of Internal Affairs – Women’s Division with the UNDP held in September 2017 in Tonga. 81.4. Give consideration to implement laws prohibiting sexual discrimination and affirmative action policies aimed at increasing women’s participation in Parliament (Trinidad and Tobago); Source of position: A/HRC/23/4/Add.1 - Para. 4 Supported F14 Participation of women in political and public life D7 to participation in public affairs and right to vote S05 SDG 5 - gender equality and women's empowerment S16 SDG 16 - peace, justice and strong institutions Affected persons: - women In the process. As Theme: F31 Children: definition; general principles; protection 81.28. Give abandoned children born in wedlock the same rights and protections afforded to children born out of wedlock (United States of America); Source of position: A/HRC/23/4/Add.1 - Para. 18 Noted F31 Children: definition; general principles; protection S16 SDG 16 - peace, justice and strong institutions Affected persons: - children Partially implemented. Children born out of wedlock remain to have different rights from those born in wedlock. Changes to this system would require cultural changes and rights. However it is important to note that children born out of wedlock can lease land, they are still entitled to a Tongan nationality and passport but they cannot inherit hereditary titles