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Are votes for overseas Tongans and their own seat in Parliament still hard to justify?

Eight years after it was submitted to Parliament, Kaniva News reviews the Constitutional and Electoral Commission Report of 2009 and looks at one of the issues considered by the CEC: Allowing Tongans overseas to vote or have their own seats in Tonga’s Parliament.

In 2004 Australian academic Helen Lee predicted that what she called “long distance Tongan nationalists” were likely to want to become more directly involved in the future of the kingdom.

“In the not too distant future it would not be surprising if at least some of the overseas population unites to demand more of a say in the nation-building process,” Lee wrote.

However, despite making a sizeable contribution to the Tongan economy, having a discernible affect on elections and being closely tied to the kingdom through social media and frequent air travel, overseas Tongans still do not have a voice.

When the Constitutional and Electoral Commission convened in 2009 it considered the question of how Tongans living overseas could be represented and concluded that there was no point in changing the existing system.

Under the existing laws any Tongan living overseas can register and vote if they return to Tonga for the election. Tongans living overseas can, if they qualify, stand for election if the return to the kingdom for a set period before the voting day.

The Commission received submissions that Tongans living abroad should be able to cast their votes in the country of their adopted residence for any election in Tonga and that the overseas Tongans should be able to elect their own Parliamentary representatives.

The CEC Report rejected the submissions, saying they were largely based on the argument that Tongans living overseas contributed substantial amounts of money to the kingdom.

The majority of Tongans living abroad had chosen to live in a different community and their immediate interests would largely be associated with the places in which lived.

“Their generous contribution to their families at home is testament to their continuing wish to retain close family and traditional links with their country of birth or origin,” the Report said.

“If they really wish to play an active role in Tongan elections, they can return once every few years and exercise the same right as the resident Tongans by casting their vote.”

In contrast to this, Fijian citizens living overseas with dual or multiple citizenship are allowed to vote, but may not stand as candidates.

The CEC described the proposal that expatriate Tongans should have their own representative or representatives in Parliament as “impractical and difficult to justify.”

“Such a representative would principally be voting on matters which will have little or no direct effect on the people he represents or on their adopted countries,’ the Report said.

It said if an MP or MPs representing overseas Tongans was only allowed to vote on matters relevant to overseas constituents, much of their time in the House would be worthless.

But is the idea of expatriate Tongans voting for their own representatives in Parliament really impractical? And is it so hard to make a case for letting them have a voice?

The situation for the Tongan diaspora is very different from when the CEC made its recommendations. The political situation has changed, Tongans are even more closely tied and in New Zealand, at least, have a very solid presence in all walks of life. The decision by some of the best rugby league players to represent the kingdom rather than Australia or New Zealand in that code’s recent world cup certainly showed that loyalty to their homeland is not in short supply among many Tongans overseas.

The fact that ‘Atalanga in Auckland is considered a royal residence as well as a consulate also raises the question of why it could not be regarded as sovereign Tongan territory for the purpose of elections. Would there be anything to stop the government creating an electorate of ‘Atalanga for Tongans in New Zealand?

More than a dozen countries have special seats for their overseas communities. France has 11 single-seat constituencies for French residents overseas to be represented in the National Assembly. Italy has four overseas constituencies, which elect 12 members to both the chambers of Parliament.

In North Africa, Tunisia reserves 18 seats in its Constituent Assembly of Tunisia to represent Tunisians abroad. In Algeria, eight of the country’s 382 parliamentary seats are for expatriates. Many Tunisians and Algerians lives in France.

These are all countries with much larger populations than Tonga and ones where the expatriate population is even more widely spread. However, it should be noted that many of them are not rich western nations, but smaller, developing economies like the Dominican Republic which has seven Parliamentary seats for its expatriates.

It may well be time to reconsider letting Tongan citizens overseas to vote. If Fiji can do it, why not Tonga?  Given the experience of 15 countries around the world reserving seats for expatriate citizens, perhaps it is also time to reconsider whether such an idea for Tongan citizens is still “impractical and difficult to justify.”

The main points

  • In 2009 the Constitutional and Electoral Commission Report rejected the idea of letting overseas Tongans vote in elections or having their own seat in Parliament.
  • However, Fijian citizens are allowed to vote in national elections and 15 countries have seats in Parliament reserved for overseas citizens.
  • Under the existing laws any Tongan living overseas can register and vote if they return to Tonga for the election.
  • Tongans living overseas can, if they qualify, stand for election if the return to the kingdom for a set period before the voting day.

Achievements mark 13 years of diploma programme with Advanced Diploma Nursing Level 6

After three years’ study, 44 nurses from the Level 6 Advanced Diploma of Nursing at Tonga’s nursing school graduated last week.

The academic level means this year’s graduates were the first to study and pass the Advanced Diploma Nursing Level 6 since 2005.

The nursing school’s Principal, Tilema Cama, said the programme was exceptional in the sense that the students had been given a chance to do academic research on their own.

She said it was “evidence based practice” and it could help improve how nurses performed in the field when they began working since last Monday.

She said the three-year Advanced Diploma programme was designed to fulfil the requirement by the Nursing Board of Tonga that all nurses in the kingdom must become registered nurses.

Cama said there was a plan to upgrade the diploma programme into an Australian degree level nursing programme in the near future.

She emphasised the important of quality and higher education for nurses as it could contribute to quality and better performance while they were working on their patients.

67-year-old-man pleads guilty to sex with underage girl

A 67- year-old Ha’apai man has pleaded guilty to attempted carnal knowledge of a child and indecent assault on the child under the age of 12.

Local news media said Sione Faka’osifono Fainga’anuku of Tungua appeared before Chief Justice Paulsen in Pangai, Ha’apai on Monday for his trial.

It has been reported the incident took place in 2017.

The four-day trial is expected to conclude on Thursday 3.

Editor’s note: In an earlier version of this story we said the accused pleaded not guilty. That was incorrect. The accused in fact pleaded guilty. 

Review and judgement of laws passed by Parliament not in king’s power, says lawyer

The king had no right to judge the merits of legislation passed by Parliament, according to a New Zealand legal expert.

Dr Rodney Harrison said that under the 2010 Constitution, review and evaluation of the merits of legislation passed by the General Assembly did not fall within the scope of the king’s powers of sanction and signature.

Dr Harrison said the king had withheld or deferred his signature from a number of pieces of legislation because it was deemed to be inappropriate or unconstitutional.

He said the new Constitution excluded the King and Privy Council from the role of governing the Kingdom.

He said judgements about whether legislation was constitutional went against the doctrine of the separation of powers and the role and independence of the judiciary.

He said the Royal Assent Order 2011, under which the king and Privy Council purported to act,  was therefore invalid.

Dr Harrison was asked to give an opinion on the legality of the Royal Assent Order 2011  by the Prime Minister’s office.

However, Dr Harrison said challenging the validity of the Order in court would not solve the real problem, which was the regular deferral or refusal of royal assent for legislation that had been approved by Parliament.

“The underlying problem is not the legal validity of the Royal Assent Order as such,” Dr Harrison said.

“The underlying problem is the view currently held by His Majesty or at least by the Privy Council and in particular the Law Lords as His advisors, as to the extent of the King’s power to grant or refuse the Royal Assent conferred by Clause 56 of the Constitution.

“It is that in my respectful opinion erroneous view of the King’s constitutional powers that needs to be addressed, hopefully by reasoned persuasion or if not, by judicial ruling.”

Dr Harrison said the old Tongan constitution made it clear that the three arms of government had to be kept separate as a safeguard for the proper running of the country and the safeguarding of the liberties of its people.

Challenges

The Royal Assent Order 2010 challenged the underlying assumptions of the Tongan constitution. The Order allowed the King to appoint privy councillors as advisors and a Judicial Committee had also been established by the privy Council in 2011.

Dr Harrison said any powers and functions conferred on any such committee, must be consistent with the overall scheme of the Constitution and any other statutory or fundamental legal principle.

Clause 41 of the Constitution required that “Acts that have passed the Legislative Assembly” must “bear the King’s signature before they become law”.

He said that under the new Constitution the king did not have complete discretion to refuse to sign an Act that had been passed by the Legislative Assembly.

He said changes to the constitution in 2010 had shifted the balance of power from the king to Parliament. This meant that the king should exercise his veto on legislation only in “truly exceptional circumstances and for compelling reason.”

Problems had arisen because the king had deferred assent to legislation passed by Parliament on the advice of Privy Councillors and the Law Lords appointed by the king to the Judicial Committee.

No role

Dr Harrison said the Law Lords played no specific constitutional role, other than that of providing the King with advice.

They could not be permitted to operate de facto as judicial officers and did not have any constitutional function or role as scrutineers of legislation or the legislative process.

“The most fundamental problem with the Royal Assent Order is that it purports to confer on the Judicial Committee and ultimately the Privy Council power to review Acts duly passed by the Legislative Assembly and ultimately to determine whether each such Act is an ‘appropriate’ or ‘inappropriate’ recipient of the Royal Assent; and whether any such Act is or even may be unconstitutional,” Dr Harrison said.

“Under the new Constitution, review and evaluation of the merits of legislation passed by the General Assembly do not fall within the scope of the King’s powers of sanction (and signature).

“The ‘inappropriateness’ assessment falls foul of the new Constitution’s exclusion of the King and Privy Council from the role of governing the Kingdom. The constitutionality assessment does likewise, and in addition offends against the constitutional separation of powers and specifically the role and independence of the judiciary.

“If the assessments which the Royal Assent Order purports to authorise fall outside the constitutional powers of the King Himself, it necessarily follows that they cannot be empowered by means of the Royal Assent Order, as a mere Order in Council purportedly made pursuant to Clause 50(3) of the Constitution. On that basis, the Royal Assent Order must be seen as invalid.”

Dr Harrison said the Royal Assent Order was also invalid because it purported to confer the ultimate power of decision and assessment on the Privy Council, when it was only intended to provide a mechanism for giving advice   to the King.

The main points

  • The king had no right to judge the merits of legislation passed by Parliament, according to a New Zealand legal expert.
  • Dr Rodney Harrison said that under the 2010 Constitution, review and evaluation of the merits of legislation passed by the General Assembly did not fall within the scope of the King’s powers of sanction and signature.
  • Dr Harrison said the king had withheld or deferred his signature from a number of pieces of legislation because it was deemed to be inappropriate or unconstitutional.
  • He said the new Constitution excluded the King and Privy Council from the role of governing the Kingdom.

Police identify man shot dead in Mangere as Tongan ‘Epalahame Tu’uheava

The male victim, who was shot dead in Mangere on Tuesday morning May 1, has been identified as 28-year-old Abraham Tuuheava from Manurewa.

Police said today he was shot at least once in the head.

A woman was found lying next to the dead man had sustained serious injuries, including gunshot wounds.

She remains in hospital in a serious but stable condition and is recovering after surgery for multiple gunshot wounds.

The deceased was also known as Epalahame Tuuheava or “Hame”.

Police could not confirm to news media that Tu’uheava’s death was gang-related.

A post-mortem examination is being carried out today by the Coroner.

Police were continuing to talk to the female victim, who was known to the deceased male, as part of their enquiries.

Police want to hear from anyone who saw this vehicle on Greenwood Rd early on Tuesday morning

Police were still piecing together the circumstances surrounding the incident and were in the process of carrying out a forensic analysis of the victims’ car which was located at the scene.

Detective Inspector Tofilau Faa Vaaelua said Police were looking for two Tongan male offenders, one believed to be older than the other, in relation to this incident.

One is also taller than the other and was described as having a slightly hunched back.

“We believe this was an isolated incident and we also feel confident that through our enquiries will be able to uncover the identity of those responsible for this attack.”

Police were also releasing a photo of the victims’ car, a silver 2017 Toyota Camry (pictured), in the hope that members of the public may have seen it as they drove past the vehicle on Greenwood Rd any time before 6am on Tuesday.

“We want to hear from anyone who saw this vehicle on Greenwood Road early yesterday morning or who witnessed any suspicious activity in the area,” says Detective Inspector Vaaelua.

“We believe it’s only a matter of time before the offenders are caught and we are appealing to the males involved to hand themselves in to Police.

“We are also appealing to anyone in our community with information about this incident to do the right thing and contact Police.”

For further information:

Manukau Police search for two Tongan men after man found dead in Mangere

Alaska’s Tongan community plead for gunmen to come forward after fatal shooting

A Tongan community in the United States is strongly urging those involved in the brutal killing of one of their sons to come forward.

Sosaia Finau was gunned down in an apartment building in Anchorage, Alaska on April 12.

Reports said the 22-year-old was shot 20 times after two teenage suspects arrived at the 4200 block of Mountain View Drive.

The apartment belonged to a woman.

KTUU-TV report said the suspects were Mickee Thompson and Robert Smith.

“Thompson is the woman’s ex-boyfriend, but she told police he still had a key.”

Sosaia’s father’s best friend Peni Kioa told Kaniva News the brutality of the murder has left the Tongan community reeling with shock and anger.

“It took the best parents in the whole world to raise this fine young man. Community and relatives , loving friends , and church leaders reach out to help shaping Sosaia Lausi’i Vaeamuni Finau the best we could for a good long 21 years,” Kioa said.

“After all our sacrifices it only took a minute to wipe him out of this world by only 2 heartless idiots. We demand justice for Saia Finau Jr,” Kioa said.

“We will never rest till justice is served in behalf of Saia Finau Jr.”

Sosaia was the oldest of five children.

“Family members say he spent time playing guitar, playing football for the Eagle River Broncos and even did commercial fishing out of Dutch Harbor last summer.”

Siosaia’s sister, Mel reportedly said her brother was shot 20 times,”I don’t know why someone would do that to him over a girl. It’s ridiculous.”

Kioa said yesterday May 1 the suspects were still on the run.

Suspect arrested in machete and firearm attack;  vehicle set on fire

A Lomaiviti man had been arrested after a man was injured in machete assault and a vehicle was set on fire at the scene on Sunday night April 29 at around 5am.

Police said a firearm had been used during the incident to threaten a group who were drinking at Sopu waterfront.

Local news media said Police were called to the scene but by the time they arrived the suspects had already fled the scene.

The injured man had been reportedly discharged from hospital.

Tongan royal medals awarded to Hawai’ian princess stolen

A Hawai’ian princess has had her medals given to her by the late King George Tupou V of Tonga stolen from her home on May 1.

A man reportedly entered the Nuuanu home and stole the medals along with a designer dog carrier, Hawai’i News Now has reported.

91-year-old Native Hawaiian multimillionaire heiress Princess Abigail Kawananakoa who married her longtime partner Veronica Gail Worth in 2017 was reportedly at her home with her wife when the robber struck at 6am.

Princess Abigail Kawananakoa (L) and her wife Veronica Gail Worth. Photo/Hawai’i News Now

“The man also broke a vase.  Worth said the medals were a gift from the late King George Tupou V of Tonga.  The dog carrier was a Louis Vuitton purchased for Worth’s Chihuahua years ago,” the News said.

Worth reportedly said security cameras captured several images of the suspect, who may be known to police.

The incident came amid a probate court battle over control of Princess Abigail’s Trust, which is worth $215 million.

“While Kawananakoa has no official status or duties, she has long been a financial supporter of the Iolani Palace, America’s only royal residence and a popular Hawaiian tourist destination, as well as other Native Hawaiian causes,” Associated Press reported.

Kawananakoa’s former lawyer, James Wright, is arguing that the heiress is impaired and unable to make decisions about the distribution of her assets.

“In July of 2016, Wright filed a petition asking to be named successor trustee to all of her trust assets, stating that Kawananakoa is “impaired as a result of an acute stroke” in court documents.”

“The petition also suggested that Veronica Gail Worth, Kawananakoa’s then-girlfriend, now wife was abusing her.

“A judge granted the petition, and now Kawananakoa is fighting it.”

She is the last princess of the United States, according to Hawai’i news media.

Manukau Police search for two Tongan men after man found dead in Mangere

Counties Manukau Police are searching for two Tongan men as part of a homicide investigation following an incident this morning where a male was located deceased in Mangere, Auckland, New Zealand.

Police were notified around 6am to reports that two people were lying on the ground on Greenwood Road.

A 28-year-old male was discovered deceased and a female had serious injuries.

The female victim has been transported to Auckland Hospital where she is being treated for gunshot wounds.

Detective Inspector Faa Va’aelua says Police have been speaking with the victim to establish the circumstances surrounding the incident.

“We are confident that this is not a random incident and we are currently following positive lines of enquiries to identify two Tongan male offenders believed to be involved in this incident,” says Detective Inspector Va’aelua.

A cordon will remain in place today on Greenwood Rd while staff carry out a scene examination and a forensic analysis of a vehicle located at the scene.

Anyone with information is asked to call Counties Manukau Crime Squad on 09 261 1321 or contact Crimestoppers anonymously on 0800 555 111.

Man dead, woman injured in Mangere, Auckland

Police are currently responding to an incident in Greenwood Road, Mangere.

A male has been found deceased and a woman has been taken to Middlemore Hospital in a serious condition.

Police were unable to confirm reports it had been a shooting.

Kaniva News arrived at the intersection of Greenwood  and Ascot road and found police had blocked Greenwood road from both ends.

Locals told Fairfax media the police operation was concentrated in a paddock near the road’s intersection with Ascot Rd.

An employee of Auckland Airport’s Holiday Inn, nearby, reportedly said Greenwood Road had few streetlights and was “not an area people usually gather in”.

She said it was lined with paddocks and construction sites, which were fenced off and only accessible to authorised people.

“It’s a dark road at night, and we don’t hear of any incidents there usually,” she said.