Eleanor Finch
Tonga is a semi-constitutional monarchy with a written constitution enacted by King George Tupou I on November 4, 1875, and amended in 2013 and 2018. The constitution is the supreme law under which the government of Tonga operates. It is divided into three parts: a declaration of the rights of the Tongan people, the form of government, and laws for land ownership, succession, and sale. The constitution provides for freedom of expression and assembly, and the government generally respects these rights.
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What You'll Learn
Tonga's Constitution Day
Tonga is a constitutional monarchy and a parliamentary democracy with a unicameral Legislative Assembly. The constitution of Tonga, enacted by King George Tupou I on 4 November 1875, is the supreme law under which the Government of Tonga operates. The anniversary of its passage is celebrated annually as Tonga's Constitution Day.
The constitution is divided into three parts. The first part is a declaration of the rights of the Tongan people, which includes basic human rights. It establishes Tonga as a free nation, prohibiting slavery except as a form of punishment for a great crime, and as a haven for those who have escaped slavery in a foreign nation. It also ensures equal treatment under the law for all citizens of Tonga, regardless of class or ethnicity. Furthermore, it provides for the freedoms of worship, press, speech, petition, and assembly. It establishes a Sabbath day on Sunday, during which no trade or professional or commercial activities are to be pursued. The writ of Habeas Corpus is also included in this section, along with basic rights for the accused, such as protection from double jeopardy.
The second part of the constitution addresses the form of government, stipulating the composition of the Tongan Government and the balance between its executive, legislature, and judiciary. While the prime minister and their cabinet are responsible for most government functions, the king, the nobility, and their representatives retain significant authority. The Legislative Assembly, consisting of 17 popularly elected members and nine nobles selected by their peers, elects the prime minister. The prime minister then selects their cabinet, and both the prime minister and their cabinet are appointed by the monarch.
The third part of the constitution provides laws for land ownership, succession, and sale. All land belongs to the Crown, and it is not lawful for anyone, including the king, chiefs, or people, to sell any land in the Kingdom of Tonga. However, they may lease or mortgage the land in accordance with the constitution and the Land Act. The cabinet determines the terms of leases, which cannot exceed 99 years without the king's consent.
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The Tongan Government
The Kingdom of Tonga is a constitutional monarchy, with the King exercising executive power through his Cabinet. The constitution, enacted by King George Tupou I on 4 November 1875, stipulates the makeup of the Tongan Government and the balance between its executive, legislature, and judiciary. It is divided into three parts: a declaration of the rights of the Tongan people, the form of government, and laws for land ownership, succession, and sale.
The constitution establishes Tonga as a free nation, prohibiting slavery except as punishment for a great crime, and as a haven for those who have escaped slavery in a foreign nation. It establishes equal treatment under the law for all citizens of Tonga, regardless of class or ethnicity, and provides for the freedoms of worship, press, speech, petition, and assembly. It also establishes a Sabbath day on Sunday, during which no trade or professional or commercial undertakings are to be pursued. The constitution applies the writ of Habeas Corpus to its people and provides for the basic rights of the accused, such as protection from double jeopardy.
Legislative power is vested in the Legislative Assembly, a unicameral parliamentary body consisting of 26 members, nine of whom are elected by and from among the country's 33 hereditary nobles, and 17 on the basis of universal adult suffrage. The prime minister is chosen by the Legislative Assembly and appointed by the monarch, and they, in turn, select their cabinet, who are then appointed by the monarch. The prime minister may also nominate up to four ministers from outside the Assembly, who become members upon appointment. The constitution can be amended by the Legislative Assembly, provided this does not affect the "law of liberty", the monarchical succession, or the titles or estates of the nobles. Amendments must pass the Legislative Assembly three times and be unanimously supported by the Privy Council.
The constitution also sets out laws regarding land ownership. All land belongs to the Crown, and large estates have been allotted to nobles. By law, every male Tongan at age 16 is entitled to a small piece of agricultural land and a small town plot, although in practice, there is not enough land, and the majority of men have not been allocated any. The constitution declares that it is not lawful for anyone, including the King, the chiefs, or the people, to sell any land in the Kingdom of Tonga; they may only lease it in accordance with the constitution and mortgage it according to the Land Act.
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Land ownership laws
The Kingdom of Tonga has a unique system of land ownership and management. The constitution, enacted in 1875, stipulates that all land in Tonga belongs to the Crown. Large estates have been allotted to nobles, and by law, every male Tongan aged 16 is entitled to a small piece of agricultural land and a small town plot. However, in practice, there is not enough land, and the majority of men have not received any. This has led to discussions about reforming the land tenure system.
The only secure way for non-Tongans to hold land is through a government lease. These leases are typically valid for 99 years and are determined by the Cabinet, which also sets the amount of rent for all government lands. However, some government leases have been corrupted, and there are individuals claiming to offer "special category" or "development category" land to foreigners or Tongans unfamiliar with the law. In reality, all land in Tonga is either owned by the government or an individual male Tongan.
Land leases and transfers are processed according to the Land Act of Tonga, and it is important for any land agreements to strictly adhere to Tongan law. Property Tonga, a licensed real estate agent in the country, assists individuals in obtaining land in a lawful and secure manner. They have over 27 years of experience in the industry and manage a wide range of properties, from short-term rentals to commercial and retirement properties.
When dealing with land in Tonga, it is crucial to exercise caution and seek professional legal advice. The system is further complicated by conflicting case law, making it challenging for lawyers to provide certain advice.
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Freedom of expression
Tonga is a semi-constitutional monarchy with a written constitution that was enacted by King George Tupou I on November 4, 1875. The anniversary of its passage is celebrated annually as Tonga's Constitution Day. The constitution is divided into three parts: a declaration of the rights of the Tongan people, the form of government, and laws for land ownership, succession, and sale.
The constitution provides for freedom of expression, including for members of the press and other media, and the government generally respects these rights. An independent media, an effective judiciary, and a functioning democratic political system generally combine to promote freedom of expression. There were no restrictions on those speaking out about LGBTQI+ matters, and the constitution broadly prohibits discrimination based on disability. However, there are no laws specifically prohibiting discrimination against persons with disabilities, and there are limited provisions for accessible transportation.
The constitution guarantees freedom of speech and freedom of the press. However, these rights are not always protected in practice, and politicians and media outlets seeking greater democracy often have their rights curtailed. For example, the government-owned Tonga Broadcasting Commission (TBC) has appointed censors to review all programming before broadcast, and some self-censorship occurs among journalists who fear being bankrupted by lawsuits brought by politicians.
The constitution also provides for the freedom of peaceful assembly and association, and the government generally respects these rights. The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government has cooperated with humanitarian organizations to provide protection to refugees and asylum seekers. However, the law does not provide for the formal granting of asylum or refugee status, and the government has not established a system to provide protection to refugees.
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Citizenship and naturalisation
The Kingdom of Tonga is a semi-constitutional monarchy, with the King exercising executive power through his Cabinet. The Constitution of Tonga, enacted in 1875, is the supreme law under which the Government of Tonga operates. It is separated into three parts: a declaration of the rights of the Tongan people, the form of government, and laws for land ownership, succession, and sale.
Tongan citizenship laws are based on the Nationality Act, which was amended between 1915 and 1988. Citizenship can be acquired by birth, descent, marriage, or naturalisation. Birth within the territory of Tonga does not automatically confer citizenship. Citizenship by descent is determined by the citizenship of the father or, in the case of a child born out of wedlock, the mother. A foreign woman who marries a Tongan citizen is eligible for citizenship 12 months after the marriage. Dual citizenship is recognised in Tonga.
Naturalisation in Tonga is acquired by application solely at the discretion of the monarch. Applicants must provide evidence that they have resided in the country for at least five years, are of good character, have adequate knowledge of the Tongan language, and intend to reside in Tonga. Naturalised subjects have the same rights and privileges as native-born subjects, except in the case of hereditary tax and town allotments. The King of Tonga has the authority to naturalise persons on humanitarian grounds as well.
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Frequently asked questions
Yes, Tonga has a written constitution. It was enacted by King George Tupou I on November 4, 1875, and has been amended several times since, most recently in 2018.
The Tongan constitution outlines a semi-constitutional monarchy, with a unicameral Legislative Assembly. The Assembly consists of 26 members, 17 of whom are popularly elected, and nine of whom are elected by and from among the country's 33 hereditary nobles. The Assembly elects the prime minister, who selects their cabinet. The monarch must approve the prime minister and their cabinet.
The Tongan constitution provides for basic human rights, including freedom of expression, freedom of the press, freedom of speech, freedom of worship, freedom of assembly, and freedom of petition. It also establishes Tonga as a free nation and prohibits slavery, except as punishment for a great crime.
Yes, according to the Tongan constitution, foreigners can become naturalized citizens of Tonga after residing in the kingdom for at least five years. Naturalized citizens have the same rights and privileges as native-born Tongan citizens, except in the area of tax allotments.
