| TONGA Kingdom of Tonga Pule'anga Tonga Joined United Nations: 14 September 1999 Human Rights as assured by their constitution Updated 08 October 2012 |
PART I - DECLARATION OF RIGHTS
Declaration of freedom
1. Since it appears to be the will of God that man should be free as He has made all men of one blood therefore shall the people of
Tonga and all who sojourn or may sojourn in this Kingdom be free for ever. And all men may use their lives and persons and time to
acquire and possess property and to dispose of their labour and the fruit of their hands and to use their own property as they will.
Slavery prohibited
2. No person shall serve another against his will except he be undergoing punishment by law and any slave who may escape from a
foreign country to Tonga (unless he be escaping from justice being guilty of homicide or larceny or any great crime or involved in
debt) shall be free from the moment he sets foot on Tongan soil for no person shall be in servitude under the protection of the flag of
Tonga.
Conditions under which foreign labourers may be introduced
3. Whoever may wish to bring persons from other islands to work for him may make an agreement with them for the number of years
they will work for him and a copy of the written agreement he makes with them shall be deposited in the Public Offices stating the
amount of payment they shall receive the period they shall work and a promise to take them back to their own land. And the
Government shall cause such contract to be carried out both on behalf of those who engage and those who are engaged. And such
persons being so introduced shall be subject to the laws of the land and shall pay the same Customs duties as all the people in the
Kingdom and taxes as shall be ordained by the King and his Cabinet. (Law 35 of 1912, Act 10 of 1918, Amended by Act 3 of 1976.)
Same law for all classes
4. There shall be but one law in Tonga for chiefs and commoners for non-Tongans and Tongans. No laws shall be enacted for one
class and not for another class but the law shall be the same for all the people of this land. (Amended by Act 3 of 1976. )
Freedom of Worship
5. All men are free to practise their religion and to worship God as they may deem fit in accordance with the dictates of their own
worship consciences and to assemble for religious service in such places as they may appoint. But it shall not be lawful to use this
freedom to commit evil and licentious acts or under the name of worship to do what is contrary to the law and peace of the land.
Sabbath Day to be kept holy
6. The Sabbath Day shall be kept holy in Tonga and no person shall practise his trade or profession or conduct any commercial
undertaking on the Sabbath Day except according to law; and any agreement made or witnessed on that day shall be null and void and
of no legal effect. (Substituted by Act 3 of 1971.)
Freedom of the press
7. It shall be lawful for all people to speak write and print their opinions and no law shall ever be enacted to restrict this liberty. There
shall be freedom of speech and of the press for ever but nothing in this clause shall be held to outweigh the law of slander or the laws
for the protection of the King and the Royal Family.
Freedom of petition
8. All people shall be free to send letters or petitions to the King or Legislative Assembly and to meet and consult concerning matters
about which they think it right to petition the King or Legislative Assembly to pass or repeal enactments provided that they meet
peaceably without arms and without disorder.
Habeas Corpus
9. The law of the writ of Habeas Corpus shall apply to all people and it shall never be suspended excepting in the case of war or
rebellion in the land when it shall be lawful for the King to suspend it.
Accused must be tried
10. No one shall be punished because of any offence he may have committed until he has been sentenced according to law before a
Court having jurisdiction in the case. (Amended by Act 8 of 1972.)
Procedure on indictment
11. No one shall be tried or summoned to appear before any court or punished for failing to appear unless he have first received a
written indictment (except in cases of impeachment or for small offences within the jurisdiction of the magistrate or for contempt of
court while the court is sitting). Such written indictment shall clearly state the offence charged against him and the grounds for the
charge. And at his trial the witnesses against him shall be brought face to face with him (except according to law) and he shall hear
their evidence and shall be allowed to question them and to bring forward any witness of his own and to make his own statement
regarding the charge preferred against him. But whoever shall be indicted for any offence if he shall so elect shall be tried by jury and
this law shall never be repealed. And all claims for large amounts shall be decided by a jury and the Legislative Assembly shall
determine what shall be the amount of claim that may be decided without a jury. (Act 25 of 1942; Amended by Act 13 of 1982.)
Accused cannot be tried twice
12. No one shall be tried again for any offence for which he has already been tried whether he was acquitted or convicted except in
cases where the accused shall confess after having been acquitted by the court and when there is sufficient evidence to prove the truth
of his confession.
Charge cannot be altered
13. No one shall be tried on any charge but that which appears in the indictment, summons or warrant and for which he was brought
to trial:
Save and except that-
(a) where the complete commission of the offence charged is not proved but the evidence establishes an attempt to commit that
offence the accused may be convicted of this attempt and punished accordingly; and
(b) where an attempt to commit an offence is charged but the evidence establishes the commission of the full offence the accused
may be convicted of the attempt; and
(c) on the trial of any person for embezzlement the jury shall be at liberty to find such person not guilty of embezzlement but guilty of
larceny and on the trial of any person for larceny the jury shall be at liberty to find such person guilty of embezzlement. (Act 10 of
1918, Amended by Act 18 of 1981.)
Trial to be fair
14. No one shall be intimidated into giving evidence against himself nor shall the life or property or liberty of anyone be taken away
except according to law.
Court to be unbiased
15. It shall not be lawful for any judge or magistrate to adjudicate or for any juryman to sit in any case in which one of his relations is
concerned either as a plaintiff defendant or witness: Nor shall any judge or magistrate sit in any case which concerns himself: Nor
shall any judge or magistrate or juryman on any pretence receive any present or money or anything else from anyone who is about to
be tried nor from any of the defendant's friends but all judges magistrates and jurymen shall be entirely free and shall in no case
whatever be interested or biased on the discharge of their duties.
Premises cannot be searched without warrant
16. It shall not be lawful for anyone to enter forcibly the houses or premises of another or to search for anything or to take anything
the property of another except according to law: And should any person lose any property and believe it to be concealed in any place
whether house or premises it shall be lawful for him to make an affidavit before a magistrate that he believes it to be concealed in that
place and he shall describe particularly the property so concealed and the place in which he believes it to be concealed and the
magistrate shall issue a search warrant to the police to search for the property according to the affidavit so made. (Amended by Act 7
of 1967.)
Government to be impartial
17. The King shall govern on behalf of all his people and not so as to enrich or benefit any one man or any one family or any one class
but without partiality for the good of all the people of his Kingdom.
Taxation - Compensation to be paid for property taken
18. All the people have the right to expect that the Government will protect their life liberty and property and therefore it is right for all
the people to support and contribute to the Government according to law. And if at any time there should be a war in the land and the
Government should take the property of anyone the Government shall pay the fair value of such property to the owner. And if the
Legislature shall resolve to take from any person or persons their premises or a part of their premises or their houses for the purpose
of making Government roads or other work of benefit to the Government the Government shall pay the fair value. (Act 19 of 1927.)
Expenditure to be voted
19. (a) No money shall be paid out of the Treasury nor borrowed nor debts contracted by the Government but by the prior vote of the
Legislative Assembly, except in the following case:
(i) Where an Act duly passed by the Legislative Assembly gives power to pay out money or borrow or contract debts, then money
may be paid out, or borrowing carried out or debts contracted in terms of that Act; and
(ii) In cases of war or rebellion or dangerous epidemic or a similar emergency, then it may be done by the Treasurer with the consent
of Cabinet, and the King shall at once convoke the Legislative Assembly and the Treasurer shall state the grounds for the expenditure
and the amount.
(b) The Treasurer, with the approval of Privy Council, shall have power to increase or decrease the taxes and/or customs duties and
shall have power to levy new taxes and/or customs duties, and all such increases or decreases or new taxes or customs duties shall be
published in the Gazette and shall be placed before the next session of the Legislative Assembly and shall have full force and shall
remain effective from the date of publication in the Gazette until rescinded by the Legislative Assembly or by the Treasurer with the
approval of Privy Council. (Substituted by Act 14 of 1972.)
Retrospective laws
20. It shall not be lawful to enact any retrospective laws in so far as they may curtail or take away or affect rights or privileges
existing at the time of the passing of such laws. (Act 35 of 1912.)
Army subject to civil law
21. Every soldier shall be subject to the laws of the land whether he belong to the Guards, the Artillery or to the Militia in accordance
with the twenty-second clause and any soldier who breaks the law of the land shall be tried in the courts as any other person. And it
shall not be lawful for any officer to quarter any soldier upon the premises of anyone except in time of war and then only as may be
resolved by the Legislative Assembly.
Guards and Militia
22. The Royal Guards shall have the right to vote for representatives to the Legislative Assembly although they are exempt from taxes
in accordance with the provisions of this Constitution. It shall be lawful for the King to command any taxpayer to join the militia for
the purpose of instruction or for parade on public occasions should he think fit and also in time of war to call out all those capable of
bearing arms and to make orders and regulations for their control and provisioning.
Disabilities of convict
23. No person having been convicted of a criminal offence punishable by imprisonment for more than two years, shall hold any office
under the Government whether of emolument or honour nor shall he be qualified to vote for nor to be elected a representative of the
Legislative Assembly unless he has received from the King a pardon together with a declaration that he is freed from the disabilities to
which he would otherwise be subject under the provisions of this clause. (Act 8 of 1961.)
Public officer not to engage in trade
24. It shall not be lawful for anyone holding any office under the Government whether of emolument or otherwise to hold any
appointment under or receive an emolument from another Government without first obtaining permission from the King. And it shall
not be lawful for anyone holding an office of emolument under the Government to engage in trade or work for anyone else, except
with the prior consent of Cabinet. (Amended by Act 28 of 1978.)
25. repealed (Act 28 of I 978. )
26. repealed (Act 28 of 1978. )
Age of maturity
27. No person may succeed to any tofi'a or any title until he has attained the age of twenty one years, save for members of the Royal
Family who shall be deemed to have attained maturity at eighteen years of age. (Substituted by Act 28 of 1978.)
Qualifications for jurors
28. Every male Tongan who has arrived at the age of twenty-one years and can read and write and is not disabled by the twenty-third
clause of this Constitution shall be liable to serve on juries and the names of all those who are liable to serve shall be published once
every year and anyone who neglects to serve shall be punished as shall be enacted by the Legislature. But members of the Legislative
Assembly ministers of religion assistant ministers school-masters collegians public servants guardsmen artillery-men and all officials of
the Government shall be exempt from serving on juries. (Amended by Act 8 of 1977)
Naturalization
29. Any foreigner after he has resided in the Kingdom for the space of five years or more may with the consent of the King take the
oath of allegiance and he may be granted Letters of Naturalization and all naturalized subjects shall have the same rights and privileges
as native born subjects of Tonga with the exception that they shall not be entitled to the rights of hereditary tax allotments. (Act 35 of
1912, Amended by Act 28 of 1978.)
Declaration of freedom
1. Since it appears to be the will of God that man should be free as He has made all men of one blood therefore shall the people of
Tonga and all who sojourn or may sojourn in this Kingdom be free for ever. And all men may use their lives and persons and time to
acquire and possess property and to dispose of their labour and the fruit of their hands and to use their own property as they will.
Slavery prohibited
2. No person shall serve another against his will except he be undergoing punishment by law and any slave who may escape from a
foreign country to Tonga (unless he be escaping from justice being guilty of homicide or larceny or any great crime or involved in
debt) shall be free from the moment he sets foot on Tongan soil for no person shall be in servitude under the protection of the flag of
Tonga.
Conditions under which foreign labourers may be introduced
3. Whoever may wish to bring persons from other islands to work for him may make an agreement with them for the number of years
they will work for him and a copy of the written agreement he makes with them shall be deposited in the Public Offices stating the
amount of payment they shall receive the period they shall work and a promise to take them back to their own land. And the
Government shall cause such contract to be carried out both on behalf of those who engage and those who are engaged. And such
persons being so introduced shall be subject to the laws of the land and shall pay the same Customs duties as all the people in the
Kingdom and taxes as shall be ordained by the King and his Cabinet. (Law 35 of 1912, Act 10 of 1918, Amended by Act 3 of 1976.)
Same law for all classes
4. There shall be but one law in Tonga for chiefs and commoners for non-Tongans and Tongans. No laws shall be enacted for one
class and not for another class but the law shall be the same for all the people of this land. (Amended by Act 3 of 1976. )
Freedom of Worship
5. All men are free to practise their religion and to worship God as they may deem fit in accordance with the dictates of their own
worship consciences and to assemble for religious service in such places as they may appoint. But it shall not be lawful to use this
freedom to commit evil and licentious acts or under the name of worship to do what is contrary to the law and peace of the land.
Sabbath Day to be kept holy
6. The Sabbath Day shall be kept holy in Tonga and no person shall practise his trade or profession or conduct any commercial
undertaking on the Sabbath Day except according to law; and any agreement made or witnessed on that day shall be null and void and
of no legal effect. (Substituted by Act 3 of 1971.)
Freedom of the press
7. It shall be lawful for all people to speak write and print their opinions and no law shall ever be enacted to restrict this liberty. There
shall be freedom of speech and of the press for ever but nothing in this clause shall be held to outweigh the law of slander or the laws
for the protection of the King and the Royal Family.
Freedom of petition
8. All people shall be free to send letters or petitions to the King or Legislative Assembly and to meet and consult concerning matters
about which they think it right to petition the King or Legislative Assembly to pass or repeal enactments provided that they meet
peaceably without arms and without disorder.
Habeas Corpus
9. The law of the writ of Habeas Corpus shall apply to all people and it shall never be suspended excepting in the case of war or
rebellion in the land when it shall be lawful for the King to suspend it.
Accused must be tried
10. No one shall be punished because of any offence he may have committed until he has been sentenced according to law before a
Court having jurisdiction in the case. (Amended by Act 8 of 1972.)
Procedure on indictment
11. No one shall be tried or summoned to appear before any court or punished for failing to appear unless he have first received a
written indictment (except in cases of impeachment or for small offences within the jurisdiction of the magistrate or for contempt of
court while the court is sitting). Such written indictment shall clearly state the offence charged against him and the grounds for the
charge. And at his trial the witnesses against him shall be brought face to face with him (except according to law) and he shall hear
their evidence and shall be allowed to question them and to bring forward any witness of his own and to make his own statement
regarding the charge preferred against him. But whoever shall be indicted for any offence if he shall so elect shall be tried by jury and
this law shall never be repealed. And all claims for large amounts shall be decided by a jury and the Legislative Assembly shall
determine what shall be the amount of claim that may be decided without a jury. (Act 25 of 1942; Amended by Act 13 of 1982.)
Accused cannot be tried twice
12. No one shall be tried again for any offence for which he has already been tried whether he was acquitted or convicted except in
cases where the accused shall confess after having been acquitted by the court and when there is sufficient evidence to prove the truth
of his confession.
Charge cannot be altered
13. No one shall be tried on any charge but that which appears in the indictment, summons or warrant and for which he was brought
to trial:
Save and except that-
(a) where the complete commission of the offence charged is not proved but the evidence establishes an attempt to commit that
offence the accused may be convicted of this attempt and punished accordingly; and
(b) where an attempt to commit an offence is charged but the evidence establishes the commission of the full offence the accused
may be convicted of the attempt; and
(c) on the trial of any person for embezzlement the jury shall be at liberty to find such person not guilty of embezzlement but guilty of
larceny and on the trial of any person for larceny the jury shall be at liberty to find such person guilty of embezzlement. (Act 10 of
1918, Amended by Act 18 of 1981.)
Trial to be fair
14. No one shall be intimidated into giving evidence against himself nor shall the life or property or liberty of anyone be taken away
except according to law.
Court to be unbiased
15. It shall not be lawful for any judge or magistrate to adjudicate or for any juryman to sit in any case in which one of his relations is
concerned either as a plaintiff defendant or witness: Nor shall any judge or magistrate sit in any case which concerns himself: Nor
shall any judge or magistrate or juryman on any pretence receive any present or money or anything else from anyone who is about to
be tried nor from any of the defendant's friends but all judges magistrates and jurymen shall be entirely free and shall in no case
whatever be interested or biased on the discharge of their duties.
Premises cannot be searched without warrant
16. It shall not be lawful for anyone to enter forcibly the houses or premises of another or to search for anything or to take anything
the property of another except according to law: And should any person lose any property and believe it to be concealed in any place
whether house or premises it shall be lawful for him to make an affidavit before a magistrate that he believes it to be concealed in that
place and he shall describe particularly the property so concealed and the place in which he believes it to be concealed and the
magistrate shall issue a search warrant to the police to search for the property according to the affidavit so made. (Amended by Act 7
of 1967.)
Government to be impartial
17. The King shall govern on behalf of all his people and not so as to enrich or benefit any one man or any one family or any one class
but without partiality for the good of all the people of his Kingdom.
Taxation - Compensation to be paid for property taken
18. All the people have the right to expect that the Government will protect their life liberty and property and therefore it is right for all
the people to support and contribute to the Government according to law. And if at any time there should be a war in the land and the
Government should take the property of anyone the Government shall pay the fair value of such property to the owner. And if the
Legislature shall resolve to take from any person or persons their premises or a part of their premises or their houses for the purpose
of making Government roads or other work of benefit to the Government the Government shall pay the fair value. (Act 19 of 1927.)
Expenditure to be voted
19. (a) No money shall be paid out of the Treasury nor borrowed nor debts contracted by the Government but by the prior vote of the
Legislative Assembly, except in the following case:
(i) Where an Act duly passed by the Legislative Assembly gives power to pay out money or borrow or contract debts, then money
may be paid out, or borrowing carried out or debts contracted in terms of that Act; and
(ii) In cases of war or rebellion or dangerous epidemic or a similar emergency, then it may be done by the Treasurer with the consent
of Cabinet, and the King shall at once convoke the Legislative Assembly and the Treasurer shall state the grounds for the expenditure
and the amount.
(b) The Treasurer, with the approval of Privy Council, shall have power to increase or decrease the taxes and/or customs duties and
shall have power to levy new taxes and/or customs duties, and all such increases or decreases or new taxes or customs duties shall be
published in the Gazette and shall be placed before the next session of the Legislative Assembly and shall have full force and shall
remain effective from the date of publication in the Gazette until rescinded by the Legislative Assembly or by the Treasurer with the
approval of Privy Council. (Substituted by Act 14 of 1972.)
Retrospective laws
20. It shall not be lawful to enact any retrospective laws in so far as they may curtail or take away or affect rights or privileges
existing at the time of the passing of such laws. (Act 35 of 1912.)
Army subject to civil law
21. Every soldier shall be subject to the laws of the land whether he belong to the Guards, the Artillery or to the Militia in accordance
with the twenty-second clause and any soldier who breaks the law of the land shall be tried in the courts as any other person. And it
shall not be lawful for any officer to quarter any soldier upon the premises of anyone except in time of war and then only as may be
resolved by the Legislative Assembly.
Guards and Militia
22. The Royal Guards shall have the right to vote for representatives to the Legislative Assembly although they are exempt from taxes
in accordance with the provisions of this Constitution. It shall be lawful for the King to command any taxpayer to join the militia for
the purpose of instruction or for parade on public occasions should he think fit and also in time of war to call out all those capable of
bearing arms and to make orders and regulations for their control and provisioning.
Disabilities of convict
23. No person having been convicted of a criminal offence punishable by imprisonment for more than two years, shall hold any office
under the Government whether of emolument or honour nor shall he be qualified to vote for nor to be elected a representative of the
Legislative Assembly unless he has received from the King a pardon together with a declaration that he is freed from the disabilities to
which he would otherwise be subject under the provisions of this clause. (Act 8 of 1961.)
Public officer not to engage in trade
24. It shall not be lawful for anyone holding any office under the Government whether of emolument or otherwise to hold any
appointment under or receive an emolument from another Government without first obtaining permission from the King. And it shall
not be lawful for anyone holding an office of emolument under the Government to engage in trade or work for anyone else, except
with the prior consent of Cabinet. (Amended by Act 28 of 1978.)
25. repealed (Act 28 of I 978. )
26. repealed (Act 28 of 1978. )
Age of maturity
27. No person may succeed to any tofi'a or any title until he has attained the age of twenty one years, save for members of the Royal
Family who shall be deemed to have attained maturity at eighteen years of age. (Substituted by Act 28 of 1978.)
Qualifications for jurors
28. Every male Tongan who has arrived at the age of twenty-one years and can read and write and is not disabled by the twenty-third
clause of this Constitution shall be liable to serve on juries and the names of all those who are liable to serve shall be published once
every year and anyone who neglects to serve shall be punished as shall be enacted by the Legislature. But members of the Legislative
Assembly ministers of religion assistant ministers school-masters collegians public servants guardsmen artillery-men and all officials of
the Government shall be exempt from serving on juries. (Amended by Act 8 of 1977)
Naturalization
29. Any foreigner after he has resided in the Kingdom for the space of five years or more may with the consent of the King take the
oath of allegiance and he may be granted Letters of Naturalization and all naturalized subjects shall have the same rights and privileges
as native born subjects of Tonga with the exception that they shall not be entitled to the rights of hereditary tax allotments. (Act 35 of
1912, Amended by Act 28 of 1978.)
After a series of civil wars in the 17th and 19th centuries, coinciding with the arrival of
Europeans, Tonga was united as a Polynesian Kingdom in 1845 under King George Tupou I.
On 4 November 1875, King George declared Tonga a constitutional democracy. On 18 May
1900, Tonga entered into a Treaty of Friendship as a British Protected State and joined the
Commonwealth of Nations in 1999. Despite influence of colonial powers, Tonga never
relinquished its indigenous governance and remains the only monarchy in the Pacific. The
1875 Constitution was scheduled to be amended through the Act of 1966 but did not go into
effect until 31 December 1988. The Declaration of Rights are enumerated in Part One,
detailed below, and conform to the United Nations 1948 Universal Declaration of Human
Rights of which Tonga is a signatory. For the full English text of Tonga's constitution, click
here.
Europeans, Tonga was united as a Polynesian Kingdom in 1845 under King George Tupou I.
On 4 November 1875, King George declared Tonga a constitutional democracy. On 18 May
1900, Tonga entered into a Treaty of Friendship as a British Protected State and joined the
Commonwealth of Nations in 1999. Despite influence of colonial powers, Tonga never
relinquished its indigenous governance and remains the only monarchy in the Pacific. The
1875 Constitution was scheduled to be amended through the Act of 1966 but did not go into
effect until 31 December 1988. The Declaration of Rights are enumerated in Part One,
detailed below, and conform to the United Nations 1948 Universal Declaration of Human
Rights of which Tonga is a signatory. For the full English text of Tonga's constitution, click
here.