Disregarding strong public protests and the opposition of People'’s Representatives, the Tongan Government pushed through a bill for Constitutional change on October 16.

The changes, which have yet to be signed into law by the king, will allow government to control freedom of speech.

After eight working days of sometimes heated debate, the Tongan Legislative Assembly passed the Bill for an Act to Amend the Tongan Constitution with a vote of 16-11.

The two major amendments to the Constitution are an amendment to Clause 7 "Freedom of Speech" allowing government to draft laws to regulate the media and to regulate media reports on the basis of cultural and religious acceptability, and national security. The other amendment is a new clause, which prevents anyone from seeking damages when government bans publications. It reads, "There shall be no damages awarded for any breach of the provisions of the Constitution and the only remedy for such a breach is declaratory relief."

The passing of the bill has left not only its vocal opponents disappointed in the result, but also a community who are now quietly expressing their sadness after watching parliament on television and seeing all government Ministers raise their hands in favour. The People's Representatives are querying the legality of the change.

Never before in Tonga has an issue gripped such widespread public opinion. Two weeks before debate on the bill started in the House, People's Representatives held meetings throughout the villages, while government ministers mounted a counter campaign, lecturing district and town officers in the main centres of Nuku'alofa, 'Ohonua, Neiafu and Pangai. A public demonstration of thousands of people who opposed the changes marched to parliament and in the main centres of outer islands on October 6, the day debate started in the House.

The 16 members who voted for the Bill were:

1. Prime Minister, Prince 'Ulukalala Lavaka Ata;
2. Deputy Prime Minister, James Cecil Cocker;
3. Minister of Police, William Clive Edwards;
4. Minister of Trade and Commerce, Dr Masasso T. Paunga;
5. Minister of Health, Dr Viliami Ta'u Tangi;
6. Minister of Land, Fielakepa;
7. Minister of Finance, Siosiua Tupou 'Utoikamanu;
8. Minister of Justice, 'Aisea Havea Taumoepeau;
9. Minister of Education, Paula Sunia Bloomfield;
10. Minister of Agriculture, Tuita;
11. Governor of Ha'apai, Malupo
12. Governor of Vava'u, 'Akau'ola;
13. Tongatapu no. 3 Noble's Representative, Fohe;
14. 'Eua Noble's Representative, Nuku;
15. Ha'apai no. 2 Noble's Representative, Havea Tu'iha'angana;
16. Vava'u no. 1 Noble's Representative, Tu'i'afitu.

The 11 members who voted against the bill were:

1. Tongatapau no. 1 People's Representative, 'Akilisi Pohiva;
2. Tongatapu no. 2 People's Representative, Dr Feleti Sevele;
3. Tongatapu no. 3 People's Representative, 'Isileli Pulu;
4. Vava'u no. 1 People's Representative, Trevor Guttenbeil;
5. Ha'apai no. 1 People's Representative, Fineasi Funaki;
6. Ha'apai no. 2 People's Representative, 'Ulliti Uata;
7. 'Eua People's Representative, Sunia Manu Fili;
8. Niuafo'ou and Niuatoputapu People's Representative, Sione Peauafi Haukinima;
9. Niuas Noble's Representative, Hon. Ma'atu;
10. Vava'u no. 2 Noble's Representative, Hon. Fakatulolo;
11. Tongatapu no. 1 Noble's Representative, Hon. Speaker Tu'ivakano.

Alternatively when the bill was voted in the Whole House Committee the Speaker voted against the Bill, and when it was voted in the House, the chairman of the Whole House Committee Prince Tu'ipelehake voted against it.

Reacting to the passing of the bill, the Tongatapu No. 1 People's Representative 'Akilisi Pohiva, said that he was disappointed, "but I told the others not to get too dismayed over it, because we have done what we could do." 'Akilisi said he was pleased that they had the support of five of the nine Noble's Representatives, "but unfortunately Vaha'i was ill and he could not attend, and we also lost the vote of the Chairman of the Whole House Committee when he chaired the committee, and the Speaker when he chaired the House, so we ended up with only three noble's votes. We also very pleased to have the support of two members of the Royal Family, Ma'atu (the king's second son) and Prince Tu'ipelehake (the king's Nephew)," he said.

" On major issue like the amending of the Constitution, government should really take into consideration the concern of the people, rather than being so stubborn and refusing to hear others' view."

'Akilisi believed that the impact of the amendment of the Constitution would help to facilitate the change that they have been calling for, by making people realise how important it has become, "for the people to elect all Cabinet Ministers."

Feleti Sevele, the Tongatapu No. 2 People'’s Representative, said that as the voting time was approaching he conceded that the outcome of the vote would be for their disadvantage. "We were targeting to win over six of the nine Noble's Representatives votes, but in the end we won over only four, five including Vaha'i, but he was away but it would not have made any difference.

" What disappointed me was their total disregard to the people's concern, it was so arrogant."

Trevor Guttenbeil, the Vava'u no. 1 People's Representative, said he was uncertain about the legality of the amendment, but he conceded that the People's Representatives with all their good debate could not convince enough members of the House to hold a majority.