A Tongan woman has won the right to live in New Zealand after the Refugee Tribunal ruled she faced a well-founded fear of persecution in Tonga due to her sexual orientation as a lesbian.
This is believed to be the first time a Tongan citizen has successfully claimed refugee status in New Zealand due to persecution for being LGBTQ+.
The Tribunal overturned an earlier decision by a refugee and protection officer, who had declined her refugee or protected person status application.
The ruling identified her only as “EU (Tonga)” for privacy reasons.
In its ruling, the Tribunal found that the appellant would be at risk of serious harm if she returned to Tonga because of her identity as a lesbian.
Under Article 1A(2) of the Refugee Convention and section 129(1) of New Zealand’s Immigration Act, the Tribunal recognised her as a refugee, stating she qualified for protection due to the danger she faced in her home country.
While the Tribunal granted her refugee status, it determined she did not meet the criteria for protected person status under the Convention Against Torture (CAT) or the International Covenant on Civil and Political Rights (ICCPR).
Tonga sodomy law
In Tonga, gay couples cannot legally formalise their relationships, as civil unions are prohibited.
The Criminal Act section 136 about Sodomy and bestiality says:
“Whoever shall be convicted of the crime of sodomy with another person or bestiality with any animal shall be liable at the discretion of the Court to be imprisoned for any period not exceeding ten years and such animal shall be killed by a public officer. (Substituted by Act 9 of 1987)”.
In 2016, the then-former Chief Justice Charles Cato sentenced and jailed Sione Iketau, with the final 12 months being suspended after the prisoner was convicted of sodomising a child under the age of 12.
Petition in Tonga
The news follows petitions organised in Tonga last year urging the king to revoke his appointment of the new Chief Judge after it was revealed that the judge’s LGBTQ+ lifestyle conflicted with Tonga’s constitution and the country’s conservative Christian values.
