COMMITTEE ON THE ELIMINATION
OF RACIAL DISCRIMINATION
Forty-third session

CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 9 OF THE CONVENTION

Concluding observations of the Committee on the
Elimination of Racial Discrimination

Tonga

548. The ninth and tenth periodic reports of Tonga, submitted in one document (CERD/C/209/Add.5), were considered by the Committee at its 1006th meeting, held on 16 August 1993 without the participation of a representative of the reporting State (CERD/C/SR.1006), a fact regretted by the Committee.

549. Members of the Committee welcomed the report, which contained information on some issues discussed during the consideration of the previous report of Tonga four years previously. At the same time they indicated that the report did not follow the Committee's revised general guidelines for the preparation of reports and contained little information with respect to the measures undertaken by the Government in order to implement the provisions of the Convention, especially those contained in articles 5 to 7.

550. Members, having noted the absence of information of a general character in the report, asked the Government of Tonga to submit as soon as possible the "core document", which should be prepared in accordance with the "Consolidated guidelines for the initial part of the reports of State parties" (document HRI/CORE/1). They also indicated that for the preparation of that document, as well as the next periodic report, the Government might request the assistance of the Centre for Human Rights.

551. With respect to article 4 of the Convention, members of the Committee wished to know what concrete measures had been taken by the Government of Tonga to bring the national legislation into line with the provisions of that article.

552. As far as articles 5 to 7 of the Convention were concerned, members of the Committee requested that more detailed information be provided in the next periodic report with respect to their implementation. In particular, they wished to know whether the national electoral legislation met the requirements of article 5 of the Convention; what the procedure was for obtaining, through the competent national tribunals, just and adequate reparation or satisfaction for any damage suffered as a result of racial discrimination; and what the place of the Court of Appeal was in the national judicial system. The members also sought more detailed information with respect to education and teaching as a means of combating prejudice which lead to racial discrimination.

Concluding observations

553. At its 1009th meeting, held on 18 August 1993, the Committee adopted the following concluding observations.

(a) Introduction

554. The Committee welcomed the submission of the ninth and tenth periodic reports by the Government of Tonga. It regretted that the report did not follow the Committee's revised general guidelines for the preparation of reports and that it had had to be considered in the absence of the State party's representative.

(b) Positive aspects

555. The Committee appreciated the statistical data in the report on the ethnic composition of society, which had been requested during the consideration of the previous report of Tonga on 11 August 1989.

556. It noted with appreciation the amendments made since the consideration of the eighth periodic report in 1989 to the Constitution of Tonga, the Inquest Act and the Town Regulations Act. Those amendments brought the national legislation of the State party closer to the requirements of the Convention.

(c) Factors and difficulties impeding the application of the Convention

557. The Committee took note of the administrative difficulties encountered by the State party in the preparation of reports to be submitted to the Committee in accordance with article 9 of the Convention.

(d) Principal subjects of concern

558. The Committee considered that the legislation of Tonga did not fulfil the requirements of article 4 of the Convention. It also noted that the information provided in the report was insufficient for an overall evaluation of the State party's implementation of the other provisions of the Convention. The Committee regretted the absence of information in the report with respect to the general political structure, the general legal framework within which human rights were protected, and the overall economic and social situation of the country.

(e) Suggestions and recommendations

559. The Committee recommended that careful consideration be given by the Government of Tonga to incorporating the provisions of the Convention in national legislation, particularly those of article 4 of the Convention. The Committee also recommended that the next report should contain more detailed information on the implementation of the Convention, especially its articles 5, 6 and 7. For that purpose the Committee recommended that the Government of Tonga should request the assistance of the Centre for Human Rights.