University of the South Pacific,
Laucala Campus,
Suva,
Fiji.
August 21, 2025.
The Editor,
Kaniva News,
New Zealand.
Subject: Concerns on the incorporation of customs into Tonga’s Constitution.
To Whom It May Concern,
I am writing to express my deep concern regarding a proposed bill before Parliament that seeks to incorporate Tongan customs into the Constitution. I feel compelled to highlight the serious challenges this amendment may pose, in the hope that these concerns will be carefully considered by His Majesty.
Constitutions aim to ensure equality, liberty, and justice for every citizen. Customs, however, by their very nature, are flexible, uncertain, and sometimes unreasonable. The proposed bill’s suggestion that courts should not apply ‘technical rules of evidence’ risks undermining the fundamental principle of justice that guilt must be proven beyond a reasonable doubt.
Amending the Constitution to elevate custom into binding law raises troubling questions of gender equality, abuse of power, and fairness. For example, Tongan customs do not adequately recognise the role of women in positions of authority. The fahu system is frequently abused, with some individuals using it to take property without the consent of the rightful owner, which is an act that directly violates principles of human rights and fairness.
Similarly, the custom of seeking forgiveness, while culturally significant, could unduly interfere with the impartiality of trials and the proper delivery of justice. Even practices of ‘physical punishment,’ which is also abused, while sometimes justified in the name of tradition, raise serious human rights concerns and could be normalised under the new amendment.
For these reasons, I strongly urge that the proposed bill be either reconsidered or revised again to ensure that Parliament specifies what customs are to be recognised to ensure certainty. The Constitution of Tonga must remain a safeguard of equality and justice for all, not a tool to enshrine customs that may perpetuate inequality, abuse, or unfair treatment.
Respectfully,
S11240946.
