LGBT rights in Tonga

Last updated

LGBTQ 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 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.

<span class="mw-page-title-main">LGBT rights in Nigeria</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Nigeria face severe challenges not experienced by non-LGBTQ residents. LGBT rights are generally infringed upon; both male and female expressions of homosexuality are illegal in Nigeria and punishable by up to 14 years of prison in the conventional court system. There is no legal protection for LGBT rights in Nigeria—a largely conservative country of more than 230 million people, split between a mainly Muslim north and a mainly Christian south. Very few LGBT persons are open about their sexual orientation, as violence against them is frequent. According to PinkNews, Nigerian authorities generally target the LGBT community. Many LGBT Nigerians are fleeing to countries with progressive law to seek protection.

<span class="mw-page-title-main">LGBT rights in Tanzania</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Tanzania face severe challenges not experienced by non-LGBTQ residents. Homosexuality in Tanzania is a socially taboo topic, and same-sex sexual acts are criminal offences, punishable with life imprisonment. The law also criminalises heterosexuals who engage in oral sex and anal intercourse.

<span class="mw-page-title-main">LGBT rights in Sudan</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Sudan face significant challenges not experienced by non-LGBTQ residents. Same-sex sexual activity in Sudan is illegal for both men and women, while homophobic attitudes remain ingrained throughout the nation.

<span class="mw-page-title-main">LGBT rights in Sri Lanka</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Sri Lanka face significant challenges not experienced by non-LGBT residents.

<span class="mw-page-title-main">LGBT rights in Dominica</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Dominica face legal challenges not experienced by non-LGBTQ residents. Homosexuality has been legal since 2024, when the High Court struck down the country's colonial-era sodomy law. Dominica provides no recognition to same-sex unions, whether in the form of marriage or civil unions, and no law prohibits discrimination on the basis of sexual orientation or gender identity.

<span class="mw-page-title-main">LGBT rights in Guyana</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Guyana face legal and societal challenges not experienced by non-LGBTQ residents. Guyana is the only country in South America, and the only mainland country in the Americas, where homosexual acts, including anal sex and oral sex, are illegal. Cross-dressing was illegal until November 2018, when the statute was struck down by the Caribbean Court of Justice, the court of last resort of Guyana.

<span class="mw-page-title-main">LGBT rights in Malawi</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Malawi face legal challenges not experienced by non-LGBTQ residents. Both male and female expressions of same-sex sexual activity are illegal within the nation. The Penal Code prohibits "carnal knowledge against the order of nature", attempts to commit "carnal knowledge against the order of nature", and acts of "gross indecency". Homosexuality among men is punishable by up to 14 years in prison in the country, while homosexuality among women is also punishable by up to five years in prison. There are no protections for LGBT rights in the country.

<i>National Coalition for Gay and Lesbian Equality v Minister of Justice</i> South African legal case

National Coalition for Gay and Lesbian Equality and Another v Minister of Justice and Others is a decision of the Constitutional Court of South Africa which struck down the laws prohibiting consensual sexual activities between men. Basing its decision on the Bill of Rights in the Constitution – and in particular its explicit prohibition of discrimination based on sexual orientation – the court unanimously ruled that the crime of sodomy, as well as various other related provisions of the criminal law, were unconstitutional and therefore invalid.

<span class="mw-page-title-main">LGBT rights in Zambia</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Zambia face significant challenges not experienced by non-LGBTQ residents. Same-sex sexual activity is illegal for both men and women in Zambia. Formerly a colony of the British Empire, Zambia inherited the laws and legal system of its colonial occupiers upon independence in 1964. Laws concerning homosexuality have largely remained unchanged since then, and homosexuality is covered by sodomy laws that also proscribe bestiality. Social attitudes toward LGBT people are mostly negative and coloured by perceptions that homosexuality is immoral and a form of insanity. However, in recent years, younger generations are beginning to show positive and open minded attitudes towards their LGBT peers.

<span class="mw-page-title-main">Sodomy law</span> Laws criminalising certain sexual acts

A sodomy law is a law that defines certain sexual acts as crimes. The precise sexual acts meant by the term sodomy are rarely spelled out in the law, but are typically understood and defined by many courts and jurisdictions to include any or all forms of sexual acts that are illegal, illicit, unlawful, unnatural and immoral. Sodomy typically includes anal sex, oral sex, manual sex, and bestiality. In practice, sodomy laws have rarely been enforced to target against sexual activities between individuals of the opposite sex, and have mostly been used to target against sexual activities between individuals of the same sex.

<span class="mw-page-title-main">LGBT rights in Antigua and Barbuda</span>

Lesbian, gay, bisexual, and transgender (LGBT) persons in Antigua and Barbuda may face legal challenges not experienced by non-LGBTQ citizens.

<span class="mw-page-title-main">LGBT rights in Sierra Leone</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Sierra Leone face legal challenges not experienced by non-LGBTQ residents. Male same-sex sexual activity is illegal in Sierra Leone and carries a possible penalty of life imprisonment, although this law is seldom enforced.

<span class="mw-page-title-main">LGBT rights in Niue</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Niue face legal challenges not experienced by non-LGBTQ residents. Male same-sex sexual activity is illegal in Niue, although there is no recent instance of it being actively prosecuted. Same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples.

<span class="mw-page-title-main">LGBT rights in the Cook Islands</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in the Cook Islands face some legal challenges not experienced by non-LGBTQ residents, but these challenges have gradually lessened in recent years. As of 1 June 2023, homosexual acts between men became legal in the Cook Islands after a vote by the Parliament of the Cook Islands. Female homosexual acts have never been illegal. Same-sex marriage is outlawed. Nevertheless, LGBT people do enjoy some limited legal protections, as employment discrimination on the basis of sexual orientation has been banned since 2013.

<span class="mw-page-title-main">LGBT rights in Grenada</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Grenada may face legal challenges not experienced by non-LGBT residents. The penal code makes same-sex acts on Grenada proper illegal with a punishment up to 10 years in prison, it also does not address discrimination or harassment on the account of sexual orientation or gender identity, nor does it recognize same sex unions in any form, whether it be marriage or partnerships. Household headed by same-sex couples are also not eligible for any of the same rights given to opposite-sex married couples.

<span class="mw-page-title-main">LGBT rights in Samoa</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Samoa face legal challenges not faced by non-LGBT residents. Sexual contact between men is illegal, punishable by up to seven years’ imprisonment, but the law is not enforced.

<span class="mw-page-title-main">LGBT rights in Tuvalu</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Tuvalu face legal difficulties not experienced by non-LGBT residents. Sections 153, 154 and 155 of the Penal Code outlaw male homosexual intercourse with a penalty of up to 14 years in prison, but the law is not enforced. Employment discrimination on the basis of sexual orientation has been banned since 2017. Since 2023, the Constitution of Tuvalu has banned same-sex marriage.

<span class="mw-page-title-main">LGBT rights in Kiribati</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Kiribati face legal challenges not experienced by non-LGBT residents. Male homosexuality is illegal in Kiribati with a penalty of up to 14 years in prison, but the law is not enforced. Female homosexuality is legal, but lesbians may face violence and discrimination. Despite this, employment discrimination on the basis of sexual orientation has been prohibited since 2015.

<span class="mw-page-title-main">LGBT rights in Northern Nigeria</span>

Lesbian, gay, bisexual, and transgender (LGBT) persons in Northern Nigeria face unique legal and social challenges not experienced by non-LGBT residents. Federal law prohibits all forms of homosexual activities and prescribes up to 14 years imprisonment for those found culpable. While the Maliki form of Shari'a law applied in 12 states have lesser penalty for unmarried persons, it prescribes the death penalty for married individuals.

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.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.