LGBT rights in Tonga

Last updated

LGBT rights in Tonga
LocationTonga.png
Tonga
Status Male illegal, female legal
PenaltyUp to 10 years imprisonment (not enforced, legalisation proposed)
Discrimination protections None
Family rights
Recognition of relationships No recognition of same-sex relationships
Adoption No

Lesbian, gay, bisexual, and transgender (LGBT) people in Tonga face legal challenges not experienced by non-LGBT residents. Male homosexuality is illegal in Tonga, with a maximum penalty of 10 years imprisonment, but the law is not enforced. [1]

Contents

Tongan society is very socially conservative and highly religious.Tonga strictly observes the Sabbath. On Sundays, any recreational activities undertaken outside of island resorts may be seen as provocative. The Tongan Government requires all religious references on broadcast media to conform to mainstream Christian beliefs. [2] The mixture of conservative values and colonial-era laws has resulted in a climate of fear, discrimination and homophobia for LGBT people. Along with Kiribati, Tonga is the only Polynesian country that has not signed or expressed support for the 2011 "joint statement on ending acts of violence and related human rights violations based on sexual orientation and gender identity" at the United Nations, which condemns violence and discrimination against LGBT people. [3]

Many gay and lesbian Tongans emigrate to Australia or New Zealand in order to live a more open life that they may not get to experience in their native land.[ citation needed ]

History

Tonga, much like the rest of Polynesia, used to be tolerant of same-sex relationships and transgender people before the arrival of Christianity. [4] [5] [6] [7] The arrival of the European missionaries in the late 18th century quickly changed societal acceptance, and the first anti-gay laws in Tonga were enacted. The missionaries converted the local population to Christianity. [4]

Fakaleiti

Traditionally, Tongan culture has been supportive of transgender people in the form of the fakaleiti (also known as the fakafefine; literally like a lady). The fakaleiti, similarly to the fa'afafine of Samoa and the māhū of Hawaii, are people who were born male but act, dress and behave as female. They have traditionally been accepted by Tongan society. However, in modern times, Tonga has a powerful religious community, and recently has seen a rise in fundamentalism and religious fanaticism. As such, the fakaleiti tend to face regular discrimination and stigma, despite being an integral part of Tongan culture. [8] Cross-dressing is illegal in Tonga under laws inherited by the former British Empire. [9]

The fakaleiti traditionally would play an important domestic role in Tonga communal life, and would often be called upon to aid the royal family. [8]

Despite discrimination and harassment, the fakaleiti community organises an annual transgender beauty pageant competition called the Miss Galaxy Pageant, which is sponsored by the Tonga Government and local businesses. [8]

Legality of same-sex sexual activity

Male consensual same-sex sexual activity, as well as heterosexual sodomy, is illegal in Tonga under the Criminal Offences Act (Tongan : Lao ki he Ngaahi Hia) with a maximum penalty of 10 years imprisonment. The offenders may also be whipped as a punishment if convicted. [10]

Section 136. Sodomy and bestiality. Whoever shall be convicted of the crime of sodomy with another person ... shall be liable at the discretion of the Court to be imprisoned for any period not exceeding ten years....

Male rape is also illegal in Tonga:

Section 137. Assault with intent to commit sodomy. It is an offence for a person to assault another person with intent to commit sodomy.
Section 138. Indecent assault on man. It is an offence for a person to make an indecent assault on a man.
Section 139. Attempted sodomy, indecent assault upon a male. Whoever shall attempt to commit the said abominable crime of sodomy or shall be guilty of an assault with intent to commit the same or of any indecent assault upon any male person shall be liable at the direction of the Court to imprisonment for any term not exceeding 10 years.
Section 140. Evidence. On the trial of any person upon a charge of sodomy or carnal knowledge it shall not be necessary to prove the actual emission of seed but the offence shall be deemed complete on proof of penetration only.
Section 142. Whipping for certain offences. Whenever any male person shall be convicted of any offence against sections ... 136 and 139 of this Act the Court may, in its discretion in lieu of or in addition to any sentence of imprisonment authorised under this Act order the person so convicted to be whipped in accordance with the provisions of section 31 of this Act.

Decriminalisation efforts

In late 2016, the Tonga Leitis Association, an LGBT advocacy group, launched a national consultation with governments officials in order to decriminalise homosexuality and cross-dressing. [11]

According to the Attorney General, there have, as of 2016, never been any sodomy convictions on consensual same-sex activity. [11]

Recognition of same-sex relationships

The Kingdom of Tonga does not recognise same-sex sexual relationships or unions in any form. [12]

Discrimination protections

Tongan law does not address discrimination on account of sexual orientation or gender identity in employment or the provision of goods and services.

The Judicial Code of Conduct 2010 states that "a judge shall be aware of, and understand, diversity in society and differences arising from various sources, including but not limited to race, colour, sex, religion, national origin, caste, disability, age, marital status, sexual orientation, social and economic status and other like causes ("irrelevant grounds")." The legislation prohibits judges from "manifest[ing] bias or prejudice towards any person or group on irrelevant grounds." [13]

Living conditions

Tongan society is very socially conservative and highly religious. In addition, it has recently seen a rise in fundamentalism and religious fanaticism, which has been associated with an increase in hatred and discrimination towards LGBT people and fakaleitis.

Much like the rest of Polynesia, public displays of affection tend to be frowned upon, regardless of sexual orientation. [14]

Activism

There is an LGBT association known as the Tonga Leitis Association, which is headed by Joey Mataele, an influential individual in Tongan society. In 2018, Cyclone Gita, which destroyed the Tonga parliament building, damaged the organisation's drop-in centre and shelter. [15]

The 2012 Summer Olympics flag-bearer for Tonga was openly gay Amini Fonua. Fonua has become an advocate for LGBT rights, speaking with Tongan government officials about the need to reform Tonga's colonial-era laws that criminalise homosexuality. [16] [17]

In 2018, Frederica Tuita Filipe, daughter of Princess Royal Salote Mafileʻo Pilolevu Tuita, expressed her opposition to homophobia and discrimination. [18]

Statistics

According to 2017 estimates from UNAIDS, there were about 400 transgender people in Tonga. [19]

Summary table

Same-sex sexual activity legal X mark.svg (For males; not enforced, legalization proposed)/ Yes check.svg (For females)
Equal age of consent X mark.svg (For males)/ Yes check.svg (For females)
Anti-discrimination laws in employment only X mark.svg
Anti-discrimination laws in the provision of goods and services X mark.svg
Anti-discrimination laws in all other areas (Incl. indirect discrimination, hate speech) X mark.svg
Same-sex marriages X mark.svg
Recognition of same-sex couples X mark.svg
Stepchild adoption by same-sex couples X mark.svg
Joint adoption by same-sex couples X mark.svg
LGBT people allowed to serve openly in the military X mark.svg
Right to change legal gender X mark.svg Laws against cross-dressing.
Access to IVF for lesbians X mark.svg
Commercial surrogacy for gay male couples X mark.svg
MSMs allowed to donate blood X mark.svg

See also

Related Research Articles

A fakaleitī is a Tongan individual assigned male at birth who has a feminine gender expression. The term fakaleitī is made up of the prefix faka- and the borrowing lady from English. Fakaleitīs themselves prefer to call themselves leitī or ladies.

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References

  1. ↑ "Societal Abuses, Discrimination, and Acts of Violence Based on Sexual Orientation and Gender Identity in Tonga" (PDF).
  2. ↑ "Tonga travel advice - GOV.UK" . Retrieved 27 July 2015.
  3. ↑ "Over 80 Nations Support Statement at Human Rights Council on LGBT Rights » US Mission Geneva". Geneva.usmission.gov. 22 March 2011.
  4. 1 2 "Polynesia's ancient same-sex acceptance". 12 September 2010.
  5. ↑ Gauguin, Paul (1 September 2010). "The men-women of the Pacific". Tate.org.
  6. ↑ Watts, Raleigh (1987). Gender variance among male Polynesians. University of Hawai'i.
  7. ↑ Sullivan, Gerard; Wai-Teng Leong, Laurence (10 December 1995). Gays and Lesbians in Asia and the Pacific: Social and Human Services. Routledge.
  8. 1 2 3 "A time to shine for Tonga's silenced leitis". RNZ. 19 May 2018.
  9. ↑ "Leitis: Tonga's transgender community fights for visibility from the conservative Pacific Kingdom - ABC News". www.abc.net.au. 16 April 2018.
  10. ↑ "Criminal Offences" . Retrieved 27 July 2015.
  11. 1 2 Stewart, Indira; International, R. N. Z. (8 October 2016). "LGBT community calls for change in conservative Tonga". RNZ.
  12. ↑ "Tonga". Archived from the original on 25 February 2019. Retrieved 27 July 2015.
  13. ↑ "Judicial Code of Conduct 2010". paclii.org.
  14. ↑ Fletcher, Matt; Keller, Nancy (2001). Tonga. ISBN   9781740590617 . Retrieved 27 July 2015.
  15. ↑ "Cyclone seriously damages Tonga LGBTI center, shelter". 21 February 2018.
  16. ↑ "Gay Tongan Olympic swimmer talks activism, career". 5 July 2017.
  17. ↑ "Amini Fonua talks about representing a country that makes gay people illegal". Outsports. 5 January 2020.
  18. ↑ Smith, Lydia (10 May 2018). "Tonga royal family member speaks out against rugby player Israel Folau's anti-gay views". PinkNews.
  19. ↑ "Tonga". www.unaids.org.
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