TONGA Kingdom of Tonga Pule'anga Tonga Joined United Nations: 14 September 1999 Human Rights as assured by their constitution Click here Updated 06/25/10
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Nuku'alofa
122,580 (July 2010 est.)
George Tupou V
King since 11 September 2006
The monarch is hereditary and holds that position for life or until
abdication. The heir presumptive is a prince and brother of the
king as he has no legitimate children.
Next scheduled election: None
HEAD OF GOVERNMENT
SELECTION PROCESS
Dr. Feleti Sevele
Prime Minister since 11 February 2006
Prime minister and deputy prime minister appointed by the
monarch
Elections: last held last held 23-24 April 2008
Next scheduled election: 2011
DECLARATION OF HUMAN RIGHTS
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Polynesian, Europeans
Christian (Free Wesleyan Church claims over 30,000 adherents)
Constitutional monarchy with 3 island groups. Legal system is based on English common law
Executive: Monarch is hereditary; the heir presumptive is a prince and brother of the king as he has no legitimate
children; prime minister and deputy prime minister appointed by the monarch
Legislative: Unicameral Legislative Assembly or Fale Alea (32 seats - 14 reserved for cabinet ministers sitting ex
officio, 9 for nobles selected by the country's 33 nobles, and 9 elected by popular vote; members serve three-year
terms)
elections: last held on 23-24 April 2008 (next to be held in 2011)
Judicial: Supreme Court (judges are appointed by the monarch); Court of Appeal (Chief Justice and high court
justices from overseas chosen and approved by Privy Council)
Tongan, English
Archaeological evidence shows that the first settlers in Tonga sailed from the Santa Cruz Islands, as part of the original
Austronesian-speakers' (Lapita) migration which originated out of S.E. Asia some 6000 years before present.
Archaeological dating places Tonga as the oldest known site in Polynesia for the distinctive Lapita ceramic ware, at
2800—2750 years before present. The Lapita people lived and sailed, traded, warred, and intermarried in the islands
now known as Tonga, Samoa, and Fiji for 1000 years, before more explorers set off to the east to discover the
Marquesas, Tahiti, and eventually the rest of the Pacific Ocean islands. For this reason, Tonga, Samoa, and Fiji are
described by anthropologists as the cradle of Polynesian culture and civilization. This was part of the Austronesian
expansion that spread people from southeastern Asia across the Pacific to the east and across the Indian Ocean to
Madagascar and eastern Africa in the west. These Polynesian people brought with them on their boats dogs, pigs,
chickens, pottery and agriculture (especially root crops). They rapidly spread throughout the Tongan Islands, and in
modern times (but before the arrival of Western navies and missionaries in force) had achieved population densities of
210 to 250 people per square mile (80 to 100/km²). By the Eighteenth Century, Tonga had unified under tribal leaders
and had forged a maritime empire that included conquered parts of Fiji. By this time the Tongan Empire had a population
of about 40,000. The Tongans dominated their inter-archipelagic realm with war canoes that carried up to 150 fighters
each. Centuries before Westerners arrived, Tongans created large monumental stoneworks, most notably, the Ha'amonga
'a Maui and the Langi (terraced tombs). The Ha'amonga is 5 meters high and made of three coral-lime stones that weigh
more than 40 tons each. The Langi are low, very flat, two or three tier pyramids that mark the graves of former kings. By
the 12th century, Tongans, and the Tongan paramount chief, the Tu'i Tonga, were known across the Pacific, from Niuē to
Tikopia, sparking some historians to refer to a 'Tongan Empire'. A network of interacting navigators, chiefs, and
adventurers might be a better term. It is unclear whether chiefs of the other islands actually came to Tonga regularly to
acknowledge their sovereign. In the 15th century and again in the 17th, civil war erupted. It was in this context that the
first Europeans arrived, beginning with Dutch explorers Willem Schouten and Jacob Le Maire in 1616 (when they shot a
Tongan off a swift sailing vessel near Niuatoputapu). On 21 January 1643 Abel Tasman was the first European to
discover the islands. The most significant was Captain Cook visits in 1773, 1774, and 1777, the first London missionaries
in 1797, and the Wesleyan Methodist Walter Lawry in 1822. Around that time most Tongans converted en masse to the
Wesleyan (Methodist) and Catholic faiths. Later other denominations followed like: Pentecostal, Mormons, Baha'i,
Seventh days, and still more. In 1799 the 14th Tu'i Kanokupolu, Tuku'aho was murdered, which sent Tonga into a civil
war for fifty years. Finally the islands were united into a Polynesian kingdom in 1845 by the ambitious young warrior,
strategist, and orator Tāufa'āhau. He held the chiefly title of Tu'i Kanokupolu, but was baptised with the name King
George Tupou I. In 1875, with the help of missionary Shirley Baker, he declared Tonga a constitutional monarchy, at
which time he emancipated the 'serfs', enshrined a code of law, land tenure, and freedom of the press, and limited the
power of the chiefs. Tonga became a British protected state under a Treaty of Friendship on 18 May 1900, when
European settlers and rival Tongan chiefs tried to oust the second king. The Treaty of Friendship and protected state
status ended in 1970 under arrangements established prior to her death by the third monarch, Queen Sālote. Tonga joined
the Commonwealth of Nations in 1970, and the United Nations in 1999. While exposed to colonial forces, Tonga has
never lost indigenous governance, a fact that makes Tonga unique in the Pacific and gives Tongans much pride, as well as
confidence in the monarchial system. The British High Commission in Tonga closed in March 2006. Tonga remains the
only monarchy in the Pacific, and its current king, George Tupou V, traces his line directly back through five generations
of monarchs. The king, born in 1948, continues to have ultimate control of the government, despite financial irregularities
and calls for democracy.
Source: Wikipedia History of Tonga
Tonga has a small, open, South Pacific island economy. It has a narrow export base in agricultural goods. Squash,
vanilla beans, and yams are the main crops. Agricultural exports, including fish, make up two-thirds of total exports.
The country must import a high proportion of its food, mainly from New Zealand. The country remains dependent on
external aid and remittances from Tongan communities overseas to offset its trade deficit. Tourism is the second-largest
source of hard currency earnings following remittances. Tonga had 39,000 visitors in 2006. The government is
emphasizing the development of the private sector, especially the encouragement of investment, and is committing
increased funds for health and education. Tonga has a reasonably sound basic infrastructure and well developed social
services. High unemployment among the young, a continuing upturn in inflation, pressures for democratic reform, and
rising civil service expenditures are major issues facing the government.
Source: CIA World Factbook (select Tonga)
In 2005 the government spent several weeks negotiating with striking civil service workers before reaching a settlement.
A constitutional commission met in 2005-2006 to study proposals to update the constitution. A copy of the
commission's report was presented to the late king, Taufa'ahau Tupou IV, shortly before his death in September 2006
and is currently under study by the present king, George Tupou V, and members of parliament.
The Tongan Speaker of the House was found to be guilty of bribery.
Prime Minister Prince Lavaka Ata 'Ulukalala resigned suddenly on 11 February 2006, and also gave up his other
cabinet portfolios. He was replaced by the elected Minister of Labour, Dr. Feleti Sevele.
The public expected democratic changes from the new monarch. On November 16, 2006, rioting broke out in the
capital city of Nukuʻalofa when it seemed that the parliament would adjourn for the year without having made any
advances in increasing democracy in government. Government buildings, offices, and shops were looted and burned.
Eight people died in the riots. The government agreed that elections would be held in 2008 in which a majority of the
parliament would be elected by popular vote. A state of emergency was declared on November 17, with emergency
laws giving security forces the right to stop and search people without a warrant.
On 29 May 2008, in the speech from the throne at the opening of Parliament, Princess Regent, Salote Mafile’o Pilolevu
Tuita announced that the government would introduce a political reform bill by June 2008, and that the current term of
Parliament would be the last one under the current constitution.
In July 2008, three days before his coronation, King George Tupou V announced that he would relinquish most of his
power and be guided by his Prime Minister's recommendations on most matters.[
Source: Wikipedia Politics of Tonga
None reported.
REFUGEES AND INTERNALLY DISPLACED PERSONS (IDP)
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None reported.
None reported.
HUMAN RIGHTS STATEMENTS, ANALYSIS AND CRITIQUES
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2009 Human Rights Reports: Tonga
Bureau of Democracy, Human Rights, and Labor
2009 Country Reports on Human Rights Practices
March 11, 2010
The Kingdom of Tonga is a constitutional monarchy with a population of approximately 102,000. Political life is dominated by King
Siaosi (George) Tupou V, the nobility, and a few prominent commoners. The most recent election for "people's representative"
seats in Parliament, held in April 2008, was deemed generally free and fair. There were several nascent political parties. A state of
emergency declared following a 2006 riot in the capital of Nuku'alofa remained in effect but limited in scope to Nuku'alofa. Civilian
authorities generally maintained effective control of the security forces.
- Citizens lacked the ability to change their government.
- The government at times restricted media coverage of certain political topics.
- Government corruption was a problem,
- discrimination against women continued.
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UPR of Tonga: Oral statement
13 June 2008
Delivered by Marianne Lilliebjerg
Mr. President,
Amnesty International appreciates the positive participation by the Kingdom of Tonga in the UPR process. Through it, Tonga has
potentially contributed substantially not only to the improvement of its own human rights situation, but also to making the UPR a
truly universal mechanism. As the current Chair of the Pacific Islands Forum Secretariat, Tonga’s leadership role as the first
Pacific Island Nation to participate in this process should be an inspiration for other Pacific Island countries that are coming up for
review in the future.
Amnesty International encourages Tonga to implement the recommendations of the Working Group, particularly in relation to
accession to the core UN human rights treaties (International Covenant on Civil and Political Rights, International Covenant on
Economic, Social and Cultural Rights and the Convention on the Elimination of all forms of Discrimination Against Women) and to
its reporting obligations under the treaties to which Tonga is already a party.
Amnesty International also encourages Tonga to continue to engage actively with civil society organizations in human rights work,
including capacity-building, training initiatives and general discussion of proposed legislative reforms. We acknowledge the
challenges that Tonga faced in preparing the national report for the UPR, and we hope that the experience acquired this time will
allow for a more robust and comprehensive process of consultation when Tonga prepares its next UPR report as well as its reports
to the UN human rights treaty bodies. To make best use of the outcome of the UPR it will be important that Tonga ensures that the
review’s outcome is widely disseminated to all stakeholders in the country. That will ensure greater understanding of the process,
the importance of human rights and measures that can be taken to improve the human rights situation in Tonga.
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FREEDOM IN THE WORLD 2010 REPORT
Political Rights Score: 5
Civil Liberties Score: 3
Status: Partly Free
Overview
An electoral reform commission, which issued its final report in November 2009, made a number of recommendations, including
that the king appoint the prime minister only on the advice of the parliament. Five elected lawmakers were acquitted in September
of sedition charges associated with the 2006 riots. An inter-island ferry sank in September, killing 74 passengers, and the ensuing
investigation deepened public discontent over the government’s mismanagement in its handling of the disaster.
Growing public demand for political reform pushed the former king in 2005 to approve the formation of a constitutional review
committee. In October 2006, the committee submitted its recommendations to the government, which responded with a
counterproposal. Prodemocracy advocates, who rejected the counterproposals as too conservative and slow, launched a street
protest in November that quickly escalated into violent rioting, leaving several people dead, hundreds injured, and 80 percent of the
capital’s business district in ruins. The king declared a state of emergency, and nearly 700 people were arrested, including five
popularly elected members of parliament who were charged with sedition; the latter were acquitted of sedition charges in
September 2009, though the state of emergency remained in place at year’s end. Meanwhile, talks between the king and
prodemocracy advocates resulted in an agreement—to be enacted with the 2010 parliamentary elections—whereby the parliament
will consist of 17 popularly elected representatives, 9 nobles elected by their peers, and 2 governors and 2 ministers appointed by
the king.
In the April 2008 legislative elections, the Human Rights and Democracy Movement won 4 seats, the People’s Democratic Party
captured 2 seats, and independents took the remaining 3 popularly elected seats. The new parliament passed legislation in July 2008
to establish a five-member Constitution and Electoral Commission to determine necessary reforms for the November 2010
legislative elections, including the role of the monarch and the composition and selection of the legislature. In November 2009, the
commission issued its final report, which included over 80 recommendations. Among the suggested changes were that all members
of parliament would be popularly elected and that the king could appoint the prime minister only on the advice of the legislature.
The king’s support for the various recommendations eased concerns of possible renewed violence.
In September 2009, a domestic inter-island ferry sank about 50 miles from the country’s capital, killing 74 people. The tragedy had
a profound impact on Tonga, which has a population of only about 100,000 and whose 170 islands rely heavily on the use of
ferries. In November, the transport minister resigned, and over 5,000 people petitioned the king to remove Prime Minister Feleti
Sevele for his poor handling of the disaster, including rescue efforts, investigation of the disaster, and aid for families affected by
the tragedy. During hearings in November, the vessel’s captain acknowledged that he had known the ferry was unsafe, and in
December, a former senior transportation ministry official stated that the government did not survey the vessel before its purchase.
The investigation into the disaster continued at year’s end.
In September, the parliament rejected ratification of the UN Convention on the Elimination of All Forms of Discrimination Against
Women on the grounds that it conflicts with Tongan culture, citing that it would provide women with land ownership rights and
allow abortion and same-sex marriage.
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US Women Also Have Human Rights Issues
by Marianne Mollmann
January 29, 2009
On October 10, 2003, after years of abuse at the hands of her former partner, a 35-year-old woman in Hungary decided to seek
intervention in a way American women can currently only wish for. The woman, identified as A.T., filed a petition with a United
Nations body on women's rights. The body promptly asked her government to prevent further harm while they considered her
case. Subsequently, it directed Hungary both to take measures to guarantee her physical and mental health and to ensure protection
and justice for all the nation's victims of domestic violence.
The petition, was filed with the UN Committee on the Elimination of Discrimination against Women, known as CEDAW. It
diligently analyzed Hungarian law and court proceedings, and concluded that available remedies both in A.T.'s case and in general
were too weak, too slow, and too begrudgingly implemented.
Women living in the United States cannot appeal to CEDAW, though, when their rights are inadequately protected by US law. Why?
Because the United States still, almost 30 years after it came into force, has not agreed to be bound by the provisions of the
Convention on the Elimination of All Forms of Discrimination against Women, which created the committee.
The Convention is a global treatise on women's equality. It reflects the consensus of the international community on what specific
protections and actions states must take to ensure equality between men and women. The treaty has been ratified by 185 UN
Member States, placing the United States in the dubious company of Iran, Nauru, Palau, Qatar, Somalia, Sudan, and Tonga as the
last states that have not ratified it.
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5 June 2008
HUMAN RIGHTS COUNCIL
Eighth session
Agenda item 6
UNIVERSAL PERIODIC REVIEW
Report of the Working Group on the Universal Periodic Review
Tonga ∗
Introduction
1. The Working Group on the Universal Periodic Review (UPR), established in accordance with Human Rights Council resolution
5/1 of 18 June 2007, held its second session from 5 to 19 May 2008. The review of the Kingdom of Tonga was held at the 14th
meeting on 14 May 2008. The delegation of Tonga was headed by His Excellency, Mr. Sonatane Tu’akinamolahi Taumoepeau
Tupou, Minister for Foreign Affairs, Acting Minister of Defence and Acting Governor of Vava’u. For the composition of the
delegation, composed of 5 members, see annex below. At its 17th meeting held on 19 May 2008, the Working Group adopted the
present report on the Kingdom of Tonga.
2. On 28 February 2008, the Human Rights Council selected the following group of rapporteurs (troika) to facilitate the review of
the Kingdom of Tonga: Nigeria, Qatar and Mexico.
3. In accordance with paragraph 15 of the annex to resolution 5/1, the following documents were issued for the review of the
Kingdom of Tonga:
(a) A national report submitted in accordance with paragraph 15 (a) (A/HRC/WG.6/2/TON/1);
(b) A compilation prepared by the Office of the High Commissioner for Human Rights (OHCHR), in accordance with paragraph 15
(b) (A/HRC/WG.6/2/TON/2);
(c) A summary prepared by OHCHR, in accordance with paragraph 15 (c) (A/HRC/WG.6/2/TON/3).
4. A list of questions prepared in advance by Latvia, the Netherlands and the United Kingdom of Great Britain and Northern Ireland
and was transmitted to the Kingdom of Tonga through the troika. These questions are available on the extranet of the UPR.
I. SUMMARY OF THE PROCEEDINGS OF THE REVIEW PROCESS
A. Presentation by the State under review
5. At the 14th meeting, on 14 May 2008, His Excellency, Mr. Sonatane Tu’akinamolahi Taumoepeau Tupou, Minister for Foreign
Affairs, Acting Minister of Defence and Acting Governor of Vava’u, introduced the national report, and expressed the gratitude of
the Kingdom of Tonga to those members of the Working Group who provided questions in advance. He indicated that Tonga
welcomed the advent of the UPR process as a means of ultimately improving the state of promoting and protecting human rights at
a national level, and shared the view of other Member States that the UPR process is one that should ensure complementarity with
existing mechanisms so as to avoid any duplication. His Majesty’s Government is therefore committed to the success of this UPR
process and more broadly to the advance of the discourse on human rights at the international level.
6. In preparing its national report, like other small States, Tonga was challenged by time constraints and pre-existing acute capacity
constraints to prepare a report that was both meaningful and based upon broad consultations within Government and with members
of civil society and NGOs. To offset these constraints, His Majesty’s Government welcomed the generous assistance received
from New Zealand in the timely preparation of its national report.
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ON THE OCCASION OF THE GENERAL DEBATE AT THE SIXTY FOURTH SESSION OF THE UNITED NATIONS
GENERAL ASSEMBLY
STATEMENT BY THE HON. DR. FELETI VAKA'UTA SEVELE PRIME MINISTER OF THE KINGDOM OF TONGA
SATURDAY 26 SEPTEMBER 2009
NEW YORK
Mr. President, Mr. Secretary General
Excellencies, Ladies and Gentlemen
Tonga's cultural and constitutional roots are innately enduring. We are proud of our 134 year-old written Constitution, one of the
oldest in the world and still in force. Our Constitution enshrined basic human rights and freedoms which are, today, the subject of
international treaties. The Tongan way of life is not solely based on the rights and responsibilities, freedoms and obligations of the
individual, but emphasise rights, responsibilities, freedoms and obligations to the extended family and whole community. While the
values underlying human rights may be worded differently than Tongan customary and traditional values, and both express similar
aspirations, Tonga's strength lies in the binding links of collective group values and individual obligations.
Our Parliament recently considered ratification of the Convention on the Elimination of All Forms of Discrimination Against Women
(CEDAW). Parliament voted not to ratify CEDAW because to do so would cut across our cultural and social heritage that make up
our unique Tongan way of life.
We take the ratification of International Treaties very seriously. We did not want to ratify CEDAW as a matter of international
convenience. We would rather be judged on our actions of empowerment of women than by a ratification of convenience. And we
make no apologies for our stance. We admit that there are issues to be addressed. But rather than ratify CEDAW, we prefer to
address those specific areas of concern for women in our own way. We maintain that our women are among the most highly
cherished and respected in the world.
In closing, this month marks the tenth anniversary of Tonga's admission as a Member State of the United Nations. We reaffirm the
rights and responsibilities bestowed upon us by the United Nations Charter and pledge to continue to participate constructively in
addressing our common challenges. These challenges will be overcome by our action. Given that the United Nations is the forum
for United Action, and the pledges made by Leaders to United Action, we may just awake to the fact that it is the good in the world
and not the evil that surpasses all explanation.
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Human rights advocates criticise Tonga for not ratifying global women’s protocol
September 25, 2009
Human rights advocates have strongly criticised the Tongan Parliament’s refusal to ratify the UN Convention on the Elimination of
all forms of Discrimination against Women earlier this month.
The Legislative Assembly had voted 18 to 1, with four abstentions not to ratify CEDAW at this time.
‘Ofa Likiliki, general manager for the Tonga National Centre for Women and Children (TNCWC), slammed the decision as “out of
touch” and “hypocritical at the deepest level”.
Meanwhile in NZ, Labour Party MP and spokesperson for Pasifika affairs Luamanuvao Winnie Laban criticised Tongan pro-
democracy MP ‘Akilisi Pohiva’s vote against the convention as “appalling”.
However, the Tongan government is refusing to budge, insisting that while it does support women’s human rights, ratifying
CEDAW interferes with Tongan law and customs especially those affecting the inheritance of land and chiefly titles, same sex
marriages and abortion.
Passing CEDAW would mean critical changes to the constitution in these areas.
“On ratification, each state party is making a solemn commitment to remove all constitutional, legislative, legal, customary, cultural,
traditional, political, economic, social, and all forms of discrimination against women.
“That is a commitment that the Legislative Assembly and the government of Tonga are not yet ready to make,” said Lopeti Senituli,
political adviser to the Prime Minister.
‘Delicate issue’
Meanwhile, government opponent and pro-democracy MP ‘Akilisi Pohiva pointed out it was a “delicate issue”, as CEDAW could
seriously affect the land tenure system.
This is based on a complex male-headed clan system or kainga.
Under Tonga’s current laws, every male above the age of 16 is entitled to a plot of land. Women can lease land long-term, but they
cannot register to own allotments or inherit any from their fathers or husbands.
While hereditary titles also pass through the male line, women hold the superior social rank of fahu, a status that affords them
traditional authority over their brothers and his children.
“The government believes that Tonga is unique for maintaining women’s dignity and their status in society. We are also used to
women holding high ceremonial figure in Tonga,” Prime Minister Dr Feleti Sevele said on a national TV programme.
However, the smooth operation of this cultural status has been questioned by Likiliki.
Domestic violence
“If this is true, why do we still receive more than 200 women seeking for help from our centre because of domestic violence?,”
she asked.
Why are the majority of deaths this year in violence cases women who have been murdered by their husbands? And why do rape
cases increase in a country where women are well respected?”
” Our constitution is in line with the tenants of basic human rights, but it has no reference to gender. Without it, it is impossible to
build legislation that can provide protection from gender based discrimination.”
The government’s decision comes after general support for women’s rights initiatives in the past.
Last November, it endorsed a workshop in Nuku’alofa to advance understanding of CEDAW, with delegates from Palau and
Nauru, the only other two countries in the Pacific who have not ratified the convention.
At the time, Polotu Paunga, Secretary of the Women’s Affairs Division under Tonga’s Ministry of Education, said the Tongan
government had “indicated its support for the convention”.
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Tonga improves its rating on Corruption Perceptions Index
30 Nov 2009
Nuku'alofa, Tonga:
TONGA is ranked number 99 in the Transparency International's 2009 Corruption Perceptions Index published in Berlin on
November 17.
It is the third year in a row that Tonga is included in the 180 countries that the Transparency International survey for its CPI.
Tonga first appeared in the CPI in 2007 and it was ranked near the bottom at 175 with a score of 1.7. In 2008 Tonga went up to
138 with a score of 2.4, and this year it jumped to 99 with a score of 3.
No commissioner
Tonga established an Anti Corruption Commission in 2007, but since then a permanent Anti Corruption Commissioner has not been
appointed.
Highest scorers in the 2009 CPI are New Zealand at 9.4, Denmark at 9.3, Singapore and Sweden tied at 9.2 and Switzerland at 9.0.
These scores reflect political stability, long-established conflict of interest regulations, and solid, functioning public institutions.
Overall, results in the 2009 index are of great concern because corruption continues to lurk where opacity rules, where institutions
still need strengthening and where governments have not implemented anti-corruption legal frameworks.
The vast majority of the 180 countries included in the 2009 index score below five on a scale from 0 (perceived to be highly
corrupt) to 10 (perceived to have low levels of corruption). The CPI measures the perceived levels of public sector corruption in a
given country and is a composite index, drawing on 13 different expert and business surveys.
The 2009 edition scores 180 countries, the same number as the 2008 CPI.
Fragile, unstable states that are scarred by war and ongoing conflict linger at the bottom of the index. These are: Somalia, with a
score of 1.1, Afghanistan at 1.3, Myanmar at 1.4 and Sudan tied with Iraq at 1.5. These results demonstrate that countries which
are perceived as the most corrupt are also those plagued by long-standing conflicts, which have torn apart their governance
infrastructure.
When essential institutions are weak or non-existent, corruption spirals out of control and the plundering of public resources feeds
insecurity and impunity. Corruption also makes normal a seeping loss of trust in the very institutions and nascent governments
charged with ensuring survival and stability.
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'Aho'eitu 'Unuaki'otonga Tuku'aho
Heir Presumptive since 27 September 2006
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Dr. Viliami Tangi
Deputy Prime Minister since 16 May 2006
None reported.