From the House by Pesi Fonua

Legislation to introduce the death penalty for the most serious illicit drugs offences stirred vociferous debate in the Tongan parliament yesterday evening, 26 August 2021.

It was the final session of parliament before the 2021 General Election in November, and it seemed there was not enough time to do the work in the House.

Among the five Bills that the House had to deal with before it closed were three relating to illicit drugs that were tabled by Lord Fakafanua, the No. 2 Nobles’ Representative for Ha‘apai, who is the Speaker of the Legislative Assembly.

The three private members Bills, which attempt to address Tonga's current illicit drug epidemic were:

1. A Bill for an Act to Amend the Illicit Drugs Control Act.
2. A Bill for an Act to Prohibit the Misuse of Intoxicating Substances and for Related Purposes.
3. A Bill for an Act to Amend the Therapeutic Goods Act.

However, a majority of members were unhappy with death penalty clauses in the Bill 21A to Amend the Illicit Drugs Control Act.

Among other things, the amendment bill seeks to introduce the death penalty for the unlawful import or export of 5 kilograms or more of a Class A drug.

It also seeks to introduce the death penalty for drugs offences involving children (Section 54), in respect of a third offence, where someone has supplied an illicit drug to a child, compelled a child to use an illicit drug or uses a child in drugs offences.

Most interesting, during the debate over the Bills, was that only the Speaker, Lord Fakafanua and the Minister of Police, Lord Nuku were in favour of the introduction of Death Penalty clauses in Bill No. 21A.

Lord Fakafanua stressed that children were being used in Tonga for illicit drugs production and distribution.

However, there seemed to be a general reaction from members against the death penalty and religious beliefs were brought into the argument over taking someone's life.

The intense debate went into the night session. It was getting late and after 9:00pm the members were reminded of the COVID midnight curfew and the House wanted to close.

So they decided to vote on the understanding that the majority of them disagreed with the death penalty clauses in the bill.

In the Whole House Committee, the Chairman wanted to proceed with the voting on the understanding that the majority of the House wanted to amend the wording of the death penalty clause and that it would be left to the clerks in the office to do that, after the Legislature had passed the bill.

Lord Tu'iha'angana challenged the Chairman on his idea for them to pass on the Bill to the Legislature for voting, without writing the actual changes the House wanted.

Not written

But anyway the House proceeded to pass on the Bill to the Legislature without the new wording being written.

The Legislature under the Speaker (who had introduced the Bill in the first place) went ahead with its second and third readings, whereby his Bill for an Act to amend the Illicit Drugs Control Act was passed.

The death penalty wording remained in the bill that was passed.

Voting in the Legislature on the three bills was as follows:

Bill No. 20A – A Bill for an Act to amend the Therapeutic Goods Act, passed 19- 0.

Bill No. 21A – A Bill for an Act to amend the Illicit Drugs Control Act, passed 18-0. Third reading –passed 19-0.

Bill No. 22 – A Bill for an act to Prohibit the Misuse of Intoxicating Substances and for Related Purposes. Third reading passed 19-0.

Concern from donor partners

In the Pacific Region, only Tonga and Papua New Guinea can legally impose a death sentence.

Before the House ventured deeply into its debate over the imposing of the death penalty on serious drug offenders, the Minister of Justice, Hon. Samiu Vaipulu told the House, that he and the Minister of Finance, Hon. Tevita Lavemaau were invited by the High Commissioners for New Zealand, Australia and the United Kingdom who had expressed their views over the Bills.

However, he said he had reminded the High Commissioners that one of the big problems Tonga is facing is the misuse of illicit drugs.

Unfortunately, a number of Tongans were deported from overseas because of criminal offences relating to illicit drugs. Samiu was concerned that the option overseas countries gave these offenders was to either to serve long sentences overseas, or be deported back to Tonga. That's why they came back to Tonga. But now Tonga had to deal with their problems.