Strike Ends! PSA signs MOU calling for democratic reforms [1]
Sunday, September 4, 2005 - 14:00. Updated on Thursday, May 8, 2014 - 21:53.
by Pesi Fonua
Tonga's Cabinet will consider setting up a Royal Commission to review the Constitution with a view to allowing a more democratic form of government for Tonga.
The urgent need for a Royal Commission on Democratic Reform was one of the serious concerns that the striking Public Service Association attached to a Memorandum of Understanding with government that was signed by all parties shortly before midnight last night.
The signing of the MOU by Hon. Fielakepa for Government, Maliu Takai for the Interim Committee for Dissatisfied Civil Servants, and the Facilitator, Dr Sitiveni Halapua, ended the national strike as it entered its seventh week.
The signing was done in private at the Prime Minister's Office before the parties went to the Television Tonga studios for a press conference, which concluded after midnight.
Major victory
Getting Cabinet to consider the need for a Royal Commission was a major victory for the PSA, who amid accusations of politicising their 60, 70, and 80% salary rise demands, were adamant that the root cause of the salary disparity within the public service was Tonga's political system.
At a special meeting on Saturday the Tongan Cabinet met to approve a five clause attachment to the original MOU, which had been agreed to in principle the previous day.
While government did not agree for an immediate review of the Constitution they did accept that it was a serious concern of the strikers.
Further steps
The fifth clause of the attachment to the MOU is an agreement that the Cabinet negotiation sub-committee will submit those serious concerns to Cabinet for "due consideration".
This means that Cabinet will look at the PSA's call "that a Royal Commission be established immediately to review the Constitution to allow a more democratic Government to be established; and for the Royal Commission to report back to government and the interim committee on 31 December 2005."
But a Cabinet decision will still have to be made before it can go ahead.
At the press conference, Hon. Fielakepa explained that there is a law that regulates the establishment of Royal Commissions and under this law the findings of a Royal Commission will have to go to the king.
The Minister of Labour, Hon. Feleti Sevele, who was a member of the second government negotiating team, commented that a Royal Commission on Democracy could take the process further. It might provide an opportunity for Tonga to move ahead with a parliamentary motion that called for a national referendum on a proposal for all members of parliament, including cabinet ministers and nobles' representatives, to be elected by the people.
Tonga College
In their September 3 attachment to the MOU the PSA also won Cabinet approval to stop the Ministry of Education from transferring teachers from Tonga College to the Ministry of Education Administrative office as a result of the industrial action. The Minister of Education was also requested to give due consideration "in the spirit of reconciliation" to the students who were involved in the strike.
When asked if there were discussions on the question of establishing a union for workers in Tonga, the Minister of Labour said that it would come next. "There is a law with regard to establishing a union but it hasn't come into force because there is a need for a regulation." He said the advantage of having a union was in order to regulate strikes.
Attachment wording
The details of the September 3 attachment to the Memorandum of Understanding were:
"Confirmation of Undertaking Given by Cabinet Negotiation Sub-Committee to Negotiation Team of the Interim Committee for Dissatisfied Civil Servants on Strike on Friday 2 September 2005
In furtherance of the Memorandum of Understanding signed on 3 September 2005 between the Cabinet Negotiation Sub-Committee on behalf of the Government of Tonga and the Negotiation Team for the Interim Committee for Dissatisfied Civil Servants on Strike, it is agreed that:
Salary Adjustment
1. Notwithstanding the salary scale agreed to in Clause 2 of the Memorandum of Understanding, each Head of Department will be sanctioned to adjust the salary of a civil servant who has been disadvantaged by Clause 2, subject to consultation with the respective Minister and the Public Service Commission and other staff concerned.
Discipline of Tonga College Teachers and Students
2. The Hon. Minister for Education has verbally endorsed the undertaking by the Cabinet Negotiation Sub-Committee not to transfer teachers from Tonga College to the Ministry of Education Administrative Office as a result of the Civil servants strike action. Assurance was given by the Hon. Minister of Education to the Hon. Minister of Labour, Commerce and Industries at the Cabinet meeting on Friday 2 September 2005. This was duly approved by Cabinet at its meeting on Saturday 3 September 2005.
3. In the spirit of reconciliation, the Hon. Minister of Education will be requested to give due consideration to the students who were involved in the strike.
Resumption of Duty for Public Servants From the Outer Islands
4. In the spirit of clause 1 of the Memorandum of Understanding satisfactory administrative arrangements will be made with the respective Head of Department for a reasonable date for resumption of duty.
Serious Concerns
5. The Cabinet Negotiation Sub-Committee undertake that the following serious concerns raised by the Interim Committee for Civil Servants will be submitted to His Majesty's Cabinet for due consideration:
a. The demand for the resignation of the Secretary of the Public Service Commission, and the Director and the three Deputy Directors of the Ministry of Education as per Petition dated 30 August 2005; and
b. That a Royal Commission be established immediately to review the Constitution to allow a more democratic Government to be established; and for the Royal Commission to report back to Government and the Interim Committee on 31 December 2005."