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General comments made by other relevant stakeholders
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- 4. Views expressed on the outcome by the State under review and concluding remarks
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3. General comments made by other relevant stakeholders950. The Canadian HIV/AIDS Legal Network welcomed Tonga’s constructive engagement in the universal periodic review and its cultural commitment to the respect for all people, the values of community and inclusiveness and the commitment to human rights. It however expressed its disappointment that Tonga did not accept the recommendation to decriminalize certain forms of consensual conduct, which despite the fact that the law is not enforced, is inconsistent with Tonga’s commitment to international human rights principles. It also noted that, in the outcome report, Tonga welcomed a continuing frank and robust discussion of the issue. It hoped that Tonga will continue to keep an open mind and maintain that dialogue with a view to decriminalizing such consensual conduct in the near future so that all Tongans may participate in the life of their community in equal dignity and respect. 951. The Foundation for Aboriginal and Islander Research Action noted that throughout the region of the Pacific, ratification of the core international human rights instruments such as the Bill of Rights and the Convention on the Elimination of All Forms of Discrimination against Women is low, as is the level of completion of reports in a timely manner and of full participation in the treaty body mechanisms. It looked forward to working with Tonga in collaboration with civil society to complete its periodic report and to appear before the Committee on the Elimination of Racial Discrimination in 2009 or 2010, as well as to finalize its initial report and appear before the Committee on the Rights of the Child. It encouraged Tonga to continue its leadership in the region and to work on the idea of establishing an office in Geneva. It indicated that special procedures rarely visit the Pacific region and noted the importance that such visits would have to assist and support follow-up activities of these countries. It noted the requests made by special procedures to visit Tonga and the low interest demonstrated by the Government. It noted that since the session of Working Group, a meeting has taken place in New York between the United Nations and the Permanent Mission of Tonga to the United Nations. It noted its aim to assist Governments of the Pacific islands in the promotion and protection of human rights. 952. International Women’s Rights Action Watch Asia-Pacific (also on behalf of Action Canada for Population and Development, the Federation for Women and Family Planning and the Latin American Committee for the Defence of Women’s Rights) welcomed the engagement of Tonga in the universal periodic review process and the scrutiny to which the national human rights situation was submitted. It noted that Tonga rejected recommendations 38 (c) and 39 (a) which called on the Government to repeal national laws which discriminated against women, including in the area of inheritance, ownership to land and child support. It was deeply concerned by the Government’s lack of willingness to bring its national laws into conformity with international human rights norms relating to equality and non-discrimination between men and women, and called on Tonga to accept those recommendations to bring its national law into line with its international human rights obligations. It also noted with serious concern that Tonga had rejected recommendation 39 (b) and others calling on the Government to decriminalize consensual same-sex activities, observing that the criminalization of consensual same-sex activities has been recognized by the Human Rights Committee as a violation of the human rights to privacy and non-discrimination guaranteed to all people by international instruments. It did, however, appreciate the rejection of recommendation 58 (b), as this erroneous recommendation failed to take account of international law and jurisprudence and the respect of the human rights of all people. It called on the Government to accept recommendations in the outcome document which related to addressing discrimination against women and sexual minorities, thereby furthering the full implementation of human rights norms and the full enjoyment of all people of their human rights; and to this end, urged Tonga to ratify the Convention on the Elimination of All Forms of Discrimination against Women. 953. Amnesty International appreciated the positive participation of Tonga in the universal periodic review, noting its contribution to the improvement of the human rights situation in the country as well as to making the universal periodic review a universal mechanism. It also noted Tonga’s leadership role as the Chair of the Pacific Islands Forum secretariat. It encouraged Tonga to implement the recommendations of the Working Group, particularly in relation to accession to core human rights treaties and to obligations under the treaties to which Tonga is already a party. It also encouraged Tonga to continue to engage actively with civil society organizations in human rights work, including capacity-building and training initiatives and general discussion of proposed legislative reforms. It acknowledged Tonga’s challenges in preparing the national report and expressed hope that its experience would facilitate the process for the preparation of the next report, as well as of reports to the human rights treaty bodies. It also noted the importance of ensuring the wide dissemination of the review outcome to all stakeholders in the country, with the aim of providing greater understanding of the process, the importance of human rights, and measures that can be taken to improve the human rights situation in the country. 4. Views expressed on the outcome by the State
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