By Matangi Tonga reporters

Limited “public hearings” organised by a Parliamentary Standing Committee will be held today and tomorrow at undisclosed locations for registered attendees to talk about a new “Tonga Sports and Recreation Bill 2021”, which will repeal and replace the Tonga Sports Council Act [Cap 26.05].

The bill proposes an Act that, critics argue, will give government new powers to direct activities of independent national sports associations, and give politicians more control of how funding for sports is used.

A clause in the bill regarding the development of sport also introduces the words “culturally appropriate” be applied.

The timing of the public hearings coincides with the period when key figures in Tongan sports administration are away, either travelling to Japan or are already at the Olympics with Team Tonga.

The meeting is organised by the Standing Committee of the House on Legislation, for a talatalanoa on the Bill.

Sports administrators who registered to attend said they did not know the time and venue for the two “public hearings” and they were told it would be disclosed later today. They were required to register by 4:30pm on 20 July, according to a notice posted [2] by the Standing Committee on the Tonga Parliament's website on the same day.

In Tonga, National Sports Associations receive financial assistance from government for development to attend major international competitions. The new bill requires that there will be only one entity to govern and manage a sport in Tonga and to represent that sport internationally. The Minister, may with the consent of cabinet add or delete a National Sports Association to or from the schedule of official bodies, and they will be all bound by the Act.

The first function of the new Ministry of Sports and Recreation, as set out in the bill, is to develop and implement national policies and strategies for physical recreation and sport.

The proposed Ministry of Sports and Recreation’s other functions include, among other things:

“to develop and implement national policies and strategies aligned with the plans and objectives for each individual sport and or National Sports Associations;” and

“to allocate funds to organisations, regional bodies and National Sports Associations in line with its policies and strategies;” and

“to promote and support the development and implementation of physical recreation and sport in a way that is culturally appropriate.”

In the explanatory notes the Minister of Internal Affairs, Hon. Vatau Hui, said that the bill will repeal and replace the Tonga Sports Council Act [Cap 26.05], and will “narrow and limit the functions of the Tonga Sports Council”.

The Tonga Sports and Recreation Bill 2021 was circulated to representatives of national sporting associations by TASANOC Secretary General Takitoa Taumoepeau on 13 July.

Ombudsman’s Report

Sporting associations in Tonga have good reason to worry about political interference in independent sporting bodies. Some, like the Tonga Tonga Body Building Federation believe that it will give government the power to dictate which international competitions they compete in, and to replace their executives on a whim.

Last month Tonga’s Ombudsman ‘Aisea Taumoepeau, found that the unlawful interference of employees of the Ministry of Internal Affairs in the Tonga Body Building Federation‘s business was unconstitutional, and the Ministry should “consider issuing a written apology to the Nau-led Federation”.

The Ombudsman’s office report followed an investigation into a complaint by Mrs Mary Nau about interference by the Ministry of Internal Affairs in the Tonga Body Building Federation over the last few years.

The TBBF is an incorporated society with its own constitution. In June 2019 people employed by the ministry had unlawfully called an AGM of the TBBF and installed a competing executive trying to replace the Nau executive that had been elected under the TBBF Constitution. Funding went to the newly imposed Tu'ifua executive to attend a sporting event in conflict with the original executive.

Mary Nau, the secretary of the TBBF at that time, said the Ombudsman’s findings on her complaint were released  on 11 June 2021. Since then she had not received a written apology from MIA. The dispute in the relationship between the sports body and the ministry is ongoing. Now Mary Nau is disputing false allegations by the Ministry about the TBBF made during the investigation, and she has made a second complaint to the Ombudsman.

She said friends in other sports bodies had encouraged her to attend today's public hearing on the new Sports Bill. “They are interested to have us there in the meeting to voice our concerns, given our journey with the federation, our dealings with the Ministry of Internal Affairs, and that it will be very beneficial to bring it out into the public.’

Communication issues

Mary said the problem was always one of communication.

“There seems to be just a broken communication between federations and the ministry,” she said. “What are their policies? If you believe we have failed in any way, always good to have feedback and rectify those issues... [tell us] this is what you have to do to meet our criteria next time you apply for funds,” she said.

“It's always positive and constructive to have a conversation, but it seems like those conversations are avoided at all costs.”

“We email, no response, email again and no response, and it’s very frustrating and very hard to have any traction in the work that you do when you are not having that support and not feel that support and just not knowing.

“Everyone volunteers to do what they do and I'm sweating blood here to try and get this thing going and not getting the support, it's very discouraging.”

Mary said she had registered to attend today's public consultation over the bill, and she assumed that the Ministry of Internal Affairs officials and lawyer William Edwards would also be present to answer questions on the Bill.

She heard that a time and venue would not be announced “until before they knock off from work at 4-5:00pm today.”

Draft of the Tonga Sports and Recreation Bill 2021 (Tongan and English)

Lao Fakaangaanga 'A Tonga Ki he Sipoti Mo e Va'inga 2021.pdf [3]