From the House by Pesi Fonua

Tonga is considering a mandatory death sentence for offenders who traffic 5 kilograms or more of a Class A drug. An amendment bill tabled into Parliament yesterday also proposes the death sentence for offenders who repeatedly procure and use children in drug offences.

“Drugs offences are on the rise and at a very alarming rate in Tonga,” said the Speaker Lord Fakafanua in his explanatory notes to the Illicit Drugs Control (Amendment) Bill 2021, that was introduced as a Private Member Bill. The Speaker is the Nobles no. 2 Representative for Ha'apai.

He stated that 12% of the prison population are illicit drug offenders and that in the last five years 64% of drug offenders had reoffended, while “46% percent of admissions to the psychiatric ward was from the direct result of drugs use.”

“The impacts of illicit drugs and the statistics are concerning,” he said.

The Illicit Drugs Control (Amendment) Bill 2021, was one of three bills relating to the illegal use of drugs that were tabled into parliament yesterday, Thursday 12 August.

The three bills are all focused on countering the increasing use of illegal drugs in the country:

1. The Illicit Drugs Control (Amendment) Bill 2021
2. The Intoxicating Substances Bill 2021
3. The Therapeutic Goods (Amendment) Bill 2021.

The Illicit Drugs Control (Amendment) Bill 2021 proposes:

• Death sentence is a mandatory sentence for an offender who unlawfully imports or exports 5 kilograms or more of a Class A drug.
• Life imprisonment as a mandatory sentence for an offender, who possesses, manufactured, cultivates, uses or supplies 5 kilograms or more of a Class A drug.
• Death penalty as the maximum sentence for repeated drug-related offences involving children.

The Intoxicating Substances Bill 2021, aims to:

• criminalize the inhalation and use of certain substances to induce intoxication or any other mind-altering effect.
• prohibit the supply of these substances to a person under the age of 18 years, and
• prohibit the supplying of intoxicating substances to be inhaled or consumed by any person to get intoxicated or high.

The Therapeutic Goods (Amendment) Bill 2021

Methamphetamine is one of the most frequently abused drugs in Tonga and manufacturing of methamphetamine takes place locally by using not only imported precursor chemicals but also precursor chemicals readily available in local legitimate sources.

The most popular primary ingredients used in making methamphetamine are pseudoephedrine and ephedrine, which are commonly found in over-the-counter cold medications.

The Therapeutic Goods (Amendment) Bill 2021 aims to prevent these precursor chemicals from being diverted into illicit drugs manufacturing by regulating the supply of products containing methamphetamine precursors; ephedrine or pseudoephedrine including placing a restriction on the quantity of products containing these precursor chemicals an individual can obtain within a specific period.

The bills still have to go through the second and third readings before it can proceed further.

Other Bills

There were a number of other bills that were tabled into the house before it closed yesterday. The Speaker said he would inform members when the House will resume its session.

Last hangings in 1981

Tonga still has the death penalty for murder. In 1981 the murder convictions of four men at Vaini resulted in the last hangings in Tonga.

To date, all Pacific nations have abolished the death penalty entirely except for two, Tonga and Papua New Guinea.