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CEDAW referendum would be political suicide for government, says Justice Minister

By
Kalino Latu
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Tonga’s Minister of Justice Hon. Vuna Fa’otusia told Kaniva News last night that holding a referendum on the Convention to Eliminate all Forms of Discrimination Against Women (CEDAW) would be “political suicide” for the government.

Hon. Fa’otusia said that in any case the government could not immediately hold a referendum because the kingdom’s legal framework did not allow for it.

The Minister’s comments follow a statement by Prime Minister ‘Akilisi Pohiva that he was thinking of calling a referendum on the issue.

Speaking on the way back from Japan, the Prime Minister said he had considered the referendum option after a number of church leaders led protest marches in Nuku’alofa while he was away.

The first march was on Wednesday and local media claimed it had been joined by about 300 members. The second march was held on Friday, with Matangi Tonga online estimating that about 500 people had taken part.

The marchers claimed CEDAW would open the door to same sex marriage and abortion.

CEDAW supporters claimed the church leaders who were behind the protests were opponents of the current government.

The Justice Minister said CEDAW had become an issue because of “misconceptions” about the convention by some church leaders.

No referendum law

“The government cannot hold  a referendum because we do not have the legal mechanism to do so,” Hon. Fa’otusia said.

He said the government would have to introduce and adopt legislation to make a referendum possible.

Many countries that had not ratified CEDAW allowed “all the things the church leaders are afraid of,” such as same sex marriage and abortion, he said.

The Minister said the government would not legalise such practices because it would be politically dangerous to do so.

Tonga’s Minister for Internal Affairs Hon. Fe’ao Vakata said those opposed to CEDAW had forgotten that the UN’s convention was design to “elevate” women in their rank, power and dignity.

The Minister told Kaniva News  the cabinet’s decision to ratify CEDAW still stood.

Hon.Vakata said cabinet would hold its next meeting this Friday and he hoped the Prime Minister’s referendum option would be on the agenda.

Warning

However, the Prime Minister has warned that any referendum process would be costly and time consuming.

He said CEDAW was a United Nations’ initiative introduced in Tonga 12 years ago to help local women.

He said he was mystified that no church leaders or groups had raised concerns about the convention while it was debated in the House or while the Tonga Civil Society conducted workshops on it in the past.

In an interview with Tnews New Zealand in Tongan, Hon. Pohiva said the issue had divided the nation and that he  “believed” a referendum should be carried to let the people make the decision.

The main points

  • Tonga’s Minister of Justice, Hon. Vuna Fa’otusia, told Kaniva News last night that holding a referendum on CEDAW would be “political suicide” for the government.
  • Fa’otusia said the government could not hold a referendum because the kingdom’s legal framework does not allow for one.
  • The Minister’s comments follow a statement by Prime Minister ‘Akilisi Pohiva that he was thinking of calling a referendum on the issue.
  • CEDAW supporters have claimed the church leaders behind the protests were opponents of the current government.

For more information

Women’s advocate says Tongan CEDAW protesters misled (RNZI)

Opposition but Tonga Govt firm on CEDAW (RNZI)

Church leaders take petition opposing CEDAW to palace (PMC)

March in Tonga against ratification of CEDAW (UNDP)

Tonga to ratify CEDAW still stands, referendum possible

By
Kaniva Pacific
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Tonga’s Prime Minister ‘Akilisi Pohiva said there is a possibility to hold a referendum on his government’s move to ratify the Convention on Elimination of All Forms of Discrimination Against Women (CEDAW) after he found out while he was in Japan in a meeting last week there were protest marches in Nuku’alofa against the convention.

But he warned the referendum process would be costly and time consuming.

Hon. Pohiva’s government has announced it move to ratify CEDAW in March.

The Honourable Prime Minister said CEDAW was one of the United Nations’ initiatives that were introduced to help women in Tonga in the last 12 years or so. He said he was mystified by the fact that no church leaders or groups ever raised any concerns over the convention while it was repeatedly debated in the House or while the Tonga Civil Society conducted workshops on it in the past.

In an interview with Tnews New Zealand in Tongan, Hon. Pohiva said the issue has divided the nation and he “believed” a referendum should be carried out and let the people make the decision.

Ratification

CEDAW critics claimed the convention would open the door for same sex marriage and abortion but Tonga’s Minister for Internal Affairs Hon. Fe’ao Vakata said they “forgot” the fact the UN’s convention was design to “elevate” women in their rank, power and dignity.

The minister told Kaniva News this evening the cabinet decision to ratify CEDAW still stands and the government has not changed it.

Hon.Vakata said cabinet will hold its next meeting this Friday and he hope the Prime Minister’s referendum option would be on the agenda.

 

Tongan theology expert condemns CEDAW critics who  “hide behind church” to discriminate against women  

By
Kalino Latu
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PHOTO: Dr Nasili Vaka’uta lashes out at his fellow church leaders in Tonga

A Tongan minister has lambasted churches and groups which oppose the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW), calling them “confused men and women” who “hide behind church, Bible and God in order to continue to discriminate against women.”

Rev. Dr Nāsili Vakaʻuta, who is a lecturer at the University of Auckland’s School of Theology, took to Facebook last week after some church leaders marched to Parliament and presented a petition to the Speaker of the House.

The petitioners claimed CEDAW would open the door to legalised abortion and same sex marriage.

Last Friday about 500 protesters marched to the Royal Palace and presented petitions to the king asking him to intervene with government’s move to ratify CEDAW.

The petitions were reported to have gathered around 15,000 signatures.

Some Tongan women who support CEDAW said the attitude of church leaders in Tonga showed how intolerant and backward they were.

Dr Vaka’uta, a former lecturer at the Free Wesleyan Church’s Sia’atoutai Theological College,  applauded those women who supported the government’s move to ratify CEDAW.

“It is utter stupidity to protest against a very straightforward convention to ensure gender justice and gender equality,” Dr Vakaʻuta wrote on his Facebook page.

The protests against CEDAW have divided the Tongan community at home and abroad.

Supporters of CEDAW claimed some church leaders misled their followers about the convention.

The placards carried by marchers seemed to prove what CEDAW supporters’ have claimed to be true

One placard read: “Tonga rejects colonialism” while another said: “CEDAW = 666! Evil!” and “God created Eve and Adam not CEDAW”

Another placard read: “I am proud of my family mother and father not CEDAW”.

Cedaw banner
CEDAW supporters claimed some church leaders in Tonga misled their followers about CEDAW. Photo/ Supplied

Approval

Dr Vaka’uta’s post on Facebook met with approval.

One respondent said: “Well said Dr Principal… sadly, discrimination against women is a global epidemic… and to use the scriptures written in a different context and different era to support their superiority and trash equality in the 21st century is shameful”.

Another said: “It’s a pity that in this day and age some people would still want to use the Bible to advance their own interests. When will people realize that women are also human beings. Shame to those groups in Tonga, and thanks Nasili for sharing this”.

A female commentator who shared Dr Vaka’uta’s post wrote:

“It’s a convention to allow women the opportunities that men have enjoyed for centuries and to eliminate all discrimination against women.

“Sadly, our women in Tonga are taking part in a campaign that’s against their very quest for self determination.

“This is a huge backward step. Despite the Government and Minister Fe’ao Vakatā assuring that there are exceptions that will not interfere with our Tongan laws and traditions, no one seems to listen or pay attention. What a shame!”

The government has vowed to stand firm on its stance to sign CEDAW.

CEDAW Dr Nasili Vaka'uta 2

Angilau sentenced to 15 years in jail for shooting death of Fakatoufifita

By
Kaniva Pacific
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A Tongan man found guilty of shooting and killing of another Tongan man in the parking lot of a Maverik store in Salt Lake City was sentenced to 15 years in jail, a court ruled Friday 22.

Vilisoni Tuiono Angilau, 22, was sentenced by Judge Bernards-Goodman to serve three to 15 years in jail on the manslaughter count and one to 15 years on the firearm count. Goodman ordered the terms to run concurrently.

In April 13, 2013 Angilau and other members of the Tongan Crip Gang were looking for Sione Fakatoufifita,19, who was part of the rival Baby Regulator Gang, through the Glendale area before finding him at the store, shooting him multiple times, police reported.

Angilau’s defence attorney, Michael Langford, told the 3rd District Court judge his client was not in the right state of mind on the day of the shooting, having spent days drinking and smoking methamphetamine, LA Media report.

Angilau is the younger brother of Siale Angilau, who was shot dead by a U.S. marshal as he lunged at a witness in federal court in 2014.

Tonga government stands firm on its move to sign CEDAW despite protests

By
Kaniva Pacific
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PHOTO: Protesters march from the Basilica of St Anthony Padua to parliament in protest against government’s move to sign CEDAW. Photo/Supplied

The Tongan government has vowed to stand firm over its move to ratify the Convention on the Elimination of all forms of Discrimination Against Women despite protests staged by church members in Nuku’alofa this week.

Known as CEDAW, the government declared it has passed a resolution to ratify it in March and announced it has processed the signatory with the United Nations office.

Of  the 189 countries in the world which ratified CEDAW, Tonga is one of seven countries, which includes the United States, not to have signed the convention.

Hundreds marched up to the royal palace in Nukuʻalofa this afternoon and submitted a petition asking the king to intervene with government’s move to sign CEDAW.

The march came after a protest march was staged on Wednesday in protest against the United Nations’ convention.

The marchers submitted a petition to the Speaker of the House saying the convention would ease Christianity’s opposition to same sex marriage and abortion.

Majority of the marchers were women and Christian church members.

The government believed protesters have been misinformed on CEDAW and that there was lack of education in Tonga about the convention.

The government said work was under way to translate CEDAW’s articles and relevant information into Tongan and they would be made available to the public shortly.

Tonga’s Public Service Association claimed the marches led by some church leaders were politically motivated by those who dislike the government.

Tonga’s Minister of Internal Affairs was quoted by Radio New Zealand International as saying “I just talked to the CEO and told him that they have to print the Tongan version of the CEDAW in the paper next week and also with some FAQs, (frequently asked questions), of CEDAW because I think a lot of people in Tonga still don’t understand what CEDAW is about.”

The minister told the radio the government listened to protesters but it has to do its best for the nation as a whole.

Laka ki Palasi
Hundreds arrived at the Royal Palace in Nuku’alofa and submitted a petition to the king asking him to intervene with government’s move to sign CEDAW. Photo/Supplied

Tongan death: Dean Hūhane dies at Kaneohe beach, Hawaii

By
Kaniva Pacific
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PHOTO: Dean Huhane dies in Hawaii. Photo/Supplied

A man whose body firefighters brought to shore before paramedics pronounced his death at 9:45 p.m has been confirmed as 45-year-old  Dean Hūhane,45, of Kaneohe.

A medical examiner’s office in Hawaii  said the victim was apparently drowned after his body was found in Laniakea Beach Tuesday 20, Hawaii Star Advertiser reports.

Autopsies will be conducted to determine cause of his death, it said.

His older brother Tokolahi Hūhane told Kaniva News  family members will travel from Tonga to Hawaii to attend Dean’s funeral this week.

The deceased came from Kahoua in Tongatapu.

A magnitude 6 earthquake reported near Haʻapai felt in Tongatapu

By
Kaniva Pacific
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A magnitude of 6 earthquake that struck near Haʻapai groups at the north of Tonga this afternoon Wednesday 20 was felt at the mainland Tongatapu.

It hit at 12.30pm and was located 128km west northwest of Pangai and 204km of Nukuʻalofa. It was at a depth of 180km.

No immediate reports of causalities or structural damages.

On Facebook Fulila Tangata’iloa who lives in Tongatapu said in Tongan there was shaking during lunch time.

The quake also struck 632 ESE of Lambasa, Fiji and 722 km (448 mi) SSW of Apia, Samoa

Tourism division brought under ministry of infrastructure

By
Kaniva Pacific
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Tonga’s Ministry of Tourism has been brought under the Ministry of Infrastructure starting June 1.

The Tourism Ministry is currently under the control of Minister of Police, Pōhiva Tuʻiʻonetoa.

“The transfer was approved last Friday 15 May 2015, before the Honorable Prime Minister left for the PALM7 meeting in Japan,” a statement from the government says.

“This transfer makes Hon. ‘Etuate Lavulavu the new Minister of Tourism, and Mr. Ringo Fa’oliu continues to be the Chief Executive of all services under the Ministry of Infrastructure”.

“The Tourism Department will continue to use the Tonga Visitors Bureau (TVB) office and other facilities elsewhere”.

Anti-CEDAW march in Nukuʻalofa

By
Kaniva Pacific
-
All photos by Hon. Semisi Sika

More than 100 marchers gathered at the Basilica of St Anthony Padua and marched up Taufaʻāhau Rd to Tonga’s Parliament this morning in protest against the government’s move to ratify the United Nations’ Convention to Eliminate All Forms of Discriminations Against Women (CEDAW).

Most of the protesters were members of the Catholic church’s Fekau’aki ‘a Fafine or Tonga Catholic Women’s League Diocese of Tonga and Niue joined by other church members.

Church leaders such as Cardinal Mafi of the Catholic Church,  President ‘Ahio of the Free Wesleyan Church and Leader of the Church of Jesus Christ of the Latter Day Saints were not seen during the march.

The marchers arrived outside Tonga’s Parliament house before the organisers handed a letter of petition to the Speaker of the House.

Organizers say the protesters feared CEDAW has a hidden agenda to force Tonga to legalise abortion and same sex marriage.

“Abortion and same sex marriages is not mentioned in the convention, but when it is applied in member countries, they are being forced by CDAW committees to do so,” said Pastor Barry Taukolo, one of the organisers of the protest marching, on Facebook.

“Do not deceive us [because] we are not being deceived by this,” he further wrote.

The protest came after repeated protests by church leaders since March telling government they did not support its move to ratify CEDAW.

The government’s Minister for Internal Affairs Hon. Feao Vakatā told church leaders last week it is the government’s constitutional duty to sign CEDAW for the benefit of the nation as a whole.

The government told church leaders CEDAW did not bring threats to Tongan family, culture, morals and Christianity as they claimed.

CEDAW 4 CEDAW 2 CEDAW 3 CEDAW 5 Cedaw March

MP Tapueluelu’s future in balance as court investigates claims he breached electoral law

By
Kalino Latu
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PHOTO: MP Tapueluelu’s future in balance as court investigates claims he breached electoral law. 

MP Mateni Tapueluelu’s future in Parliament is in doubt as the Supreme Court investigates whether failure to pay fines imposed in a 2011 court case means he has breached the electoral laws.

Prime Minister ‘Akilisi Pohiva’s son-in-law owes money to former MP and Minister of Justice, Clive Edwards who successfully sued him for defamation over an article in Kele’a newspaper.

A candidate who runs for election when there is a judgment of debt against them is in breach of the law.

Aspiring Parliamentarians have to apply for a certificate of clearance from the court before they can register as a candidate.

Tongan Attorney General ‘Aminiasi Kefu told Kaniva News he had advised the Electoral Office to investigate whether Tapueluelu had breached the electoral law.

The Office of the Election Commissioner said it had asked the court to confirm whether Tapueluelu had breached the electoral law by not paying the fine.

The Office said it understood Magistrate Folau Lokotui was working on their request.

The attorney General said if there had been a breach, his office would ask the Supreme Court to disqualify Tapueluelu’s membership from Parliament.

Mr Edwards is reported to have said he believed Tapueluelu’s debts were overlooked when he applied for his certificate of clearance of court debts.

Tapueluelu was editor of Kele’a newspaper, of which his wife Laucala was publisher, when it published an article claiming Edwards had a secret list of candidates for the 2010 November general election.

The article implied Edwards did not support the democrats and that his team of candidates supported the status quo.

Edwards denied the claim and sued the paper and the Tapueluelus for defamation. On June, 17,  2011 the Nuku’alofa  Magistrate court ruled in favour of Edwards and ordered the Tapueluelus to pay Edwards TP$10,000 in damages and TP$4,500 in legal costs.

The Magistrate Court’s decision was followed by several submissions, disputes and appeals by both the defendants and the plaintiff.

However, on March 31 this year, the Court of Appeal ordered the Tapueluelus and Kele’a newspaper to pay the fine. It gave the defendants 10 days to clear the debts.

When asked whether there would be a by-election if Tapueluelu was found to have breached the electoral law, the Attorney General said it would be a long process.

He said if Tapueluelu was disqualified he could appeal the decision. This meant it could take some time before there was a by-election.

Emotional

In this week’s issue of Kele’a Tapueluelu made a number of emotional comments about why he did not pay the fine within the 10 days period the appeal court ordered.

He said they had already applied to court to stay the execution of the payment of the debts.

He said the Court of Appeal’s decision on March 31 allowed him and his co-defendants to appeal the magistrate’s decision, but they had to first pay Edwards the fine imposed on them by the Magistrate Court in June 2011.

Tapueluelu said if their appeal overturned the Magistrate’s decision their money would be paid back.

However, he did not pay the money within the 10-day period set by the Court of Appeal.

He said it had been a difficult decision not to pay the money, but he decided to donate it to his mother-in-law’s medical treatment instead. The medical treatment cost the family TP$30,000, Tapueluelu said.

The Prime Minister’s wife, Lady Neomai Pohiva, was taken to New Zealand for surgery last month.

Tapueluelu said it was difficult for him to face the situation, but he had learned to forgive those who persecuted him.

He asked his supporters to pray for him and his work so that God’s will would be done.

Outstanding

Mr Edwards is reported to have said that after the November 2014 general election he went through his legal documents and realised the Tapueluelus had not applied to stay the payments of the fine in their first appeal.

Edwards said that if a candidate had an outstanding judgment against them they could not stand as a candidate for Parliament, even though they had applied for a stay of execution.

Edwards referred to  the case launched by Hon. Pohiva against Princess Pilolevu and others over the transfer of Chinese grant money to Tongasat.

Edwards said the court ruled that Hon. Pohiva had to clear his TP$20,000 fine so he could stand as a parliamentary candidate in last November’s election.

Hon. Pohiva lodged an appeal to stay his court debts to the Princess and others. His appeal has not been finalised.

In his ruling the Supreme Court Judge said if he granted an execution of stay on Hon. Pohiva’s fine the ruling would clash with Clause 65 of the Tongan Constitution, which stipulated that no candidate could stand for Parliament  if there was a court fine against him or her.

Hon. Pohiva paid his fine in October last year before the general election campaign began.

In early March this year the Court of Appeal upheld the Supreme Courtʻs ruling that Hon. Pohiva had to pay the plaintiff’s legal costs of TP$20,000.

The main points

  • MP Mateni Tapueluelu’s future in Parliament is in doubt as the Supreme Court investigates whether failure to pay fines imposed in a 2011 court case means he has breached the electoral laws.
  • Prime Minister ‘Akilisi Pohiva’s son-in-law owes money to former MP and Minister of Justice, Clive Edwards, who successfully sued him for defamation over an article in Kele’a
  • A candidate who runs for election when there is a judgment of debt against them is in breach of the law.
  • Tongan Attorney General ‘Aminiasi Kefu said if there had been a breach, his office would ask the Supreme Court to disqualify Tapueluelu’s from Parliament.

For more information

Kele’a newspaper sued by cabinet minister Edwards (PMC)

Tonga’s Kele’a newspaper fined for defaming politician (RNZI)

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