From the House by Pesi Fonua

There was confusion in the Tongan Parliament today when government was asked to confirm if the United Nations had accepted Tonga’s ratification of the Convention on the Elimination of all forms of Discrimination against Women (CEDAW).

Samiu Vaipulu, the Vava‘u People’s Representative for Constituency No. 15, called on government to present evidence that the UN still recognized Tonga’s reservations over some articles in CEDAW, particularly with Tonga’s concern over succession to the throne and noble titles, and controversial issues such as same sex marriages and abortion.

The Prime Minister, Hon. ‘Akilisi Pohiva replied that Cabinet had ratified the convention and it had been formally presented to the United Nations.

But a Noble's Representative Lord Fusitu‘a pointed out that Tonga’s reservations might not be allowed under Part 2 of Article 28 of the Convention, which reads, “A reservation incompatible with the object and purpose of the present Convention shall not be permitted.”

He postulated that when the Tongan Cabinet ratified the Convention on 9 March it had also agreed to ignore its own reservations.

Hon. ‘Akilisi Pohiva retorted that if that was the case, then Tonga could withdraw its ratification of the Convention, “we will write a letter,” he said.

Samiu however expressed an opinion that once a nation ratified a United Nations convention it could not withdraw just like that.

The Speaker of the House, Lord Tu'ivakano, agreed with Samiu’s request for the Prime Minister to present written evidence to the House that the UN had actually endorsed Tonga’s ratification of CEDAW and its reservations.

Tonga made the initial move to ratify CEDAW in 2009 when Dr Feleti Sevele was Prime Minister, but because Tonga had reservations, the ratification process was suspended.

Samiu, who was Deputy Prime Minister of the former government, said later outside of parliament, that in 2011 under the government of Lord Tu‘ivakano they had investigated the possibility of ratifying the Convention while trying to work on their reservations, but it was not accepted by the UN.