TONGA, Disability Country Profile
 CONSTITUTION Tonga is an independent Monarchy with a written Constitution dating from 1875. Up to 1970, Great Britain took responsibility for defence and foreign relations under Treaties of Friendship. HUMAN RIGHTS The Constitution of 1875 provides: - " There shall be but one law for Tonga, for chiefs and commoners, for non-Tongans and Tongans. No laws shall be enacted for one class and not another class but the law shall be the same for all the people of the land". There is almost universal suffrage but persons who are insane or an imbecile are not entitled to vote. SIGNATORY TO THE UNESCAP PROCLAMATION ON THE FULL PARTICIPATION AND EQUALITY OF PEOPLE WITH DISABILITIES IN THE ASIAN AND PACIFIC REGION Signed in 1999 FOCAL POINT ON DISABILITY WITHIN GOVERNMENT N/A DISABILITY SPECIFIC LEGISLATION N/A NATIONAL COORDINATION COMMITTEE OR NATIONAL DISABILITY COUNCIL The NGO forum on disability has encouraged the government to form a Coordinating committee. NATIONAL DISABILITY POLICY AND ACTION-PLAN N/A DISABILITY STATISTICS AND DATA COLLECTION It is probable that a survey of persons with a disability will occur in 2004. SELF-HELP ORGANISATIONS In 2003, a Disability Action Group was formed to ensure collaboration between NGOs and key service providers working for persons with a disability. Tasks included further advocacy, and in particular, for liaison with the Ministry of Education in implementation of a programme to ensure children with a disability have access to education. There have been recent initiatives to establish a self-advocacy group WOMEN WITH DISABILITIES Tonga has not yet ratified CEDAW, but ratified CRC in 1995. The Tonga Development Trust reports the existence of women's network groups in villages, although these do not as yet have any disability focus. Tonga did not attend the workshops for WWD held in Fiji in 2003 and 2004. EARLY DETECTION, EARLY INTERVENTION AND EDUCATION Tonga has NGO runs Special Schools and Centres for all children and youth with disabilities and a Centre for disabled adults, run under Royal patronage. Many staff at the NGO Centres have done the Certificate courses offered by external study, on disability studies. In 1995 and 1998 training coursed have been run for teachers and workers at the various centres for children and adults. This was funded by AUSAid. In 2000 there was improvement in teaching, Early Intervention, support to families and improved curricula. The Education Act (Cap 86), under Section 52 requires compulsory education between the ages of 6 and 13 inclusive for everyone living within 2 miles of a school unless other arrangements are made or the child is prevented from attending school by sickness or any other avoidable cause. There is nothing in the Act about education for children with disabilities, although the possibility of classifying schools for pupils and types of education does exist. The Ministry of Education, Youth, Sport and Culture has completed a review of the education sector, and has highlighted the need for the development of services for Persons with disabilities and has produced an options paper. Among the matters to be addressed is the further training of Special Education teachers, with the training curriculum to be reviewed. The possibility of adapting an equivalent Samoan course has been raised. It is to be noted that Tonga held its inaugural National Paralympic Games in 2003. Tonga has a Medical Services Act (CAP 76). Section 9 provides " The primary object of the public medical service and of every hospital and dispensary is to provide accommodation and medical and surgical aid for all Tongan subjects without individual payment.' Tonga has a Mental Health Act 1992 (which replaced the Lunatics Detention Act). This Act has two definitions which appear to recognise a distinction between mental disorder and intellectual disability. Mental disorder "means any mental illness, arrested or incomplete development of the mind, psychopathic disorder and any other disorder or disability of the mind". Mental handicap " means a state of arrested or incomplete development of the mind which can render a person incapable of independent living." The Medical Advisory Committee includes a representative of the Red Cross with special concern for mentally handicapped persons and a senior teacher with experience in the education of mentally handicapped pupils. TRAINING AND EMPLOYMENT Vocational training was promoted for adults with disabilities at the residential centre in 2000 and 2001 and work has continued in this area. ACCESS TO BUILT ENVIRONMENTS AND PUBLIC TRANSPORT Tonga has a Public Health Act (CAP 74) but there is no specific mention of access or other matters in relation to persons with a disability. There are Building regulations but these too have no mention of access for persons with a disability. POVERTY ALLEVIATION There are no specific social security laws. Government employees may pay into a scheme and under the Retirement Fund Act 1992,there are benefits for total and permanent disability. CRIMINAL LAW Criminal codes. Under the Supreme Court Rules, there is a right to a person of unsound mind, or who is incapable of managing his own affairs to sue or defend through a person entrusted to manage his property. There is an exemption from criminal responsibility for acts or omissions if a person was insane in that he was suffering from such a state of mental disease as to deprive him of capacity to understand the physical quality and nature of the act or omission or the capacity to understand it was wrong. There are provisions for hearings as to sanity before and during trial. This is a slightly different definition, and does not clearly include anyone with an intellectual disability. The definition of rape includes a definition that the offender was aware that the victim was "feeble minded, insane, or was an idiot or an imbecile as to be incapable of giving or refusing consent". Note that this offence is defined as rape, whereas in all other pacific jurisdiction, the equivalent is a separate and lesser offence. OTHER LAW Estates and Inheritance. Tonga retains a system of succession to hereditary estates and titles, through the line from eldest male, but persons of unsound mind may not succeed. There is a system of inheritance on intestacy. Marriage. There is no impediment to marriage for persons with a disability, except possibly in relation to marriage to a person in line of succession to the monarchy. Property. Tonga has a Land Act, under which, in theory, all males are entitled to two allotments of land, and all are hereditary. The Immigration Act (CAP 62) has prohibited classes of immigrants including any person who is certified to be suffering from mental disorder or is a mental defective, and that his presence in the Kingdom would be a danger to the community. Some traditional land laws requires inheritance along hereditary lines, eg all to eldest son, subject to life interest to widow. Return to Disability Country Profiles homepage | Disability homepage | Top of Page |
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