By Pesi Fonua

THE desire for a new system of government to be in place before a parliamentary election in 2010, according to the Interim Report of Tonga's Constitutional and Electoral Commission, is unrealistic, and even a token change in representation by the deadline will require parliament to work much harder and longer.

Publishing their Interim Report on Saturday, June 5, five months after they first met on January 5, this year the part-time commissioners pointed out: "The time frame allowed the Commission by the Act is surprisingly short."

The most awaited report to further advance Tonga's movement toward the introduction of a new form of government - that some politicians expect to happen before the parliamentary election in early 2010 - was not what some Tongans expected.

The report, however, reminded Tongans that the political reform rhetoric and setting a "deadline" was the easy part, but to produce a recommendation for the king and the parliament on how to structure a new system of government, requires vision, a full time commitment to a difficult task, and more time.

The complexity of some of the issues relating to politics and government, and other issues that were identified as more important to people was a concern for the commissioners.

Land issue

Following the Public Forums that the commission held throughout Tongatapu, 'Eua, Ha'apai and Vava'u, they found that the people were very concerned about, "the land issue and the fear of the consequences of any change in the present laws relating to it. . . . In many cases this appeared to be a matter of more significance and concern than electoral and representational change or other changes to the Constitution," the Interim Report stated.

The commissioners also found that the central government failed to reach out to many communities and individuals. "It was apparent that many ordinary Tongans have little interest in politics or the structure of government."

Neglected districts

They also found that there was a perception held by people in the outer districts "that government, however formed, will simply continue to neglect their interests and devote most of its time, energy and resources to the central districts."

From the outset, the Interim Report the Commission stated that they could not make any recommendation at this stage, simply because more work needs to be done, and the five months they were given to produce a report with recommendation was just not enough.

"The time frame allowed the Commission by the Act is surprisingly short for consultation, consideration and recommendation of such major and fundamental reforms to the structure of government of the country especially for a part time Commission."

Needs more submissions

The three reasons why the Commission could not make any interim recommendations are stated as:

"1. We would like to invite further written submissions from the public addressed particularly to the topics we set out in this report;
2. All the topics upon which we will make recommendations are closely and elaborately interlocked so that each recommendation will need to be evaluated against the others in a holistic assessment before it can finally be advanced;
3. We do not consider it necessary or feasible to convene a constitutional convention.

The topics that the Commission is inviting the public to make submissions on are:
- The Monarchy
- The Privy Council
- The Cabinet
- The Legislature
- The Electoral System.

2010 Unrealistic

The desire for a new system of government to be in place before a parliamentary election in 2010, according to the Interim Report of the Commission is unrealistic, but a possible remedy that they recommend for the 2010 election "to be conducted under the present law with changes only to the number of representatives. It would then be recommended that any further changes be placed before the next Legislative Assembly for debate within one year of the election."

Remedy

Another remedy that is suggested by the Commission is "to amend Clause 77 of Tongan Constitution to allow the Prime Minister to fix a date "for an election between January and December.

"In the light of the stated commitment of most members of the Legislative Assembly to an election in 2010, it is to be hoped that they would be willing to hold a longer session starting considerably earlier in the year than is usual."

The Commission believes that there would then be enough time "for debate in the House, for the necessary reforms of the electoral process and public explanation of the new system to satisfy the widespread expectation of an election next year."

The Commissioners appointed by the Privy Council are:
Hon. Justice Gordon Ward, Chairman, on the recommendation of Cabinet;
Hon. 'Alipate Tu'ivanuavou Vaea, on the recommendation of the Nobles' Representatives of the Legislative Assembly;
Dr Sitiveni Halapua, on the recommendation of the People's Representatives of the Legislative Assembly;
Dr 'Ana Maui Taufe'ulungaki, on the recommendation of the Judicial Services Commission;
Sione Tu'itavake Fonua, on the recommendation of the Judicial Services Commission.