Lord Vaea and advocates of the Family Protection Bill, at Parliament House. Nuku'alofa, Tonga 4 September, 2013

by Linny Folau

Tonga’s landmark Family Protection Bill 2013 passed by the Legislative Assembly of Tonga on September 4, after three weeks of heavy debate, will help the police to deal with family violence that is increasing in Tonga.

The passage of the bill, 17-0, with some amendments, was welcomed by victims’ advocates because it allows Tonga Police to issue immediate protection orders to victims of abuse.

Parliament voted 17-0 to pass the bill, which now needs the assent of the King before it becomes an enforceable Act - expected before the middle of next year.

Protection orders

Initiated by the Women’s Affairs Division of the Ministry of Internal Affairs and the Secretariat of the Pacific Community Regional Rights Resource Team, the Bill's stated intention is ensuring the protection of all persons who experience domestic violence, to introduce a new area of protection orders, clarify the duties of police among other matters.

The Minister of Internal Affairs Lord Vaea hailed the passage of the bill as a historical moment in Tonga’s parliamentary history. He said that while the passing of the Bill included amendments the changes were minor.

 “The core areas of the Bill have remained intact, despite some very heavy debating and at times opposition from members of the House. For example, the protection order that increases the power of police to issue orders on the spot, while strongly opposed by some members, has remained in the bill,” he said.

Safety of victims

The Police Commissioner Grant O’Fee said he was pleased that the bill was passed as it gives Tonga Police a few more tools to deal with family violence.

‘Ofa Guttenbeil-Likiliki, Director of the Women and Children Crisis Centre, said the bill was important and would make a difference to provide better protection to victims of family violence.

She said the police will have the power to issue on the spot Police Safety Orders that remained effective for seven-days and separated the victims from the other party and to stop the violence. If the woman who was abused wants further protection past the seven days she could apply within this time frame and be issued a protection order from the courts, she said.

“The best thing is that victims would have a copy of the order and avoid previous situations where time was spent on arguing and questioning who had a copy of the order or who had seen it. In some cases police used it as an excuse that they did not have a written copy of the order from the court, so it’s improving the police services too,” she said.

Family unit

‘Ofa said another difference was that this bill recognized the family unit as a critical unit to pay more attention to. “The family unit is perhaps the strongest unit in our society and if we don't pay attention. it will have a bigger impact on our society in the future.”

She said for example if a woman, a mother or wife, gets physically abused continuously they were not able to contribute to the economy of their family, which had a wider impact on our national economy because employers would see them loose work. While children who experienced mental or physical abuse do not attend school for long and this had  an impact on Tonga's future in long run because it would lead to higher rates of illiteracy and crime.

The Bill also placed a duty of care on health practitioners and social service providers after being notified of a victim of domestic violence.

'Ofa said overall, the bill would help improve the services that cater for women and children who are victims of violence, or any member of the family.

"We need everything in society to work, not only the law but the support services and for key institutions in the country to also improve their services like teachers, health workers and the police, on how they carry out their work so when everything is working well that is when we could safely say things are looking for the better."

She said when and after the King assented to the Bill making it an Act, it was anticipated that it would be implemented mid next-year.

“We at the women and children's centre and service providers have agreed that between now and then we would hold a vigorous public awareness campaign to inform people on the provisions of the bill, how they can use it, and just to be aware it,” she said.

From January to August this year, the centre received 260 women and children, with less than 2 percent being men who sought their help, which was an increase from last year.

Stop domestic violence

Betty Blake the President of the Ma‘a Fafine Moe Famili said this as a great milestone for the life of women and children in Tonga.

She said it is clear indication that Tonga acknowledges the issue of domestic violence as a crime and that it is no longer a family business but it is everyone's business and something must be done to stop it.

“It will certainly help to free women and children in Tonga from all forms of violence - physical, emotional, sexual, economic and social.

“I salute the members of Parliament, especially Lord Vaea, and Cabinet Ministers who were in the front line during the three long weeks of a very intensive and heated debate on the Bill,” said Betty.

Victims awareness

Lepolo Taunisila, Tonga's agent for the Pacific Regional Rights Resource Team praised the bill and its aim as this is the first time the protection order is written down.

She said before it was done under the discretion of the judge, and under this new bill the police are given the power on the spot. It offers a Police Safety Order to prevent further violence in a home. 

“It is important for victims to know that when they make contact for help, whether by phone or other means, the violence will be prevented because of the protection order.

“It is timely for this bill to be passed in Tonga because victims of family violence are coming out more to forefront and we intend to raise more awareness on the bill so that other victims are encouraged to come forward to be protected,” she said.