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Newspaper ban exposes growing conflict in Tongan ruling circles
By John Braddock
6 June 2003
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The government of the Pacific kingdom of Tonga introduced a
bill into parliament on Tuesday radically changing the constitution
to restrict press freedom and prevent ordinances passed by the
king, or other specified laws, from being subject to judicial
review in court.
The law came just a week after the Tongan Supreme Court overturned,
for the second time in two months, a government ban on the New
Zealand-published Taimi o Tonga (Times of Tonga)
newspaper.
The courts decision immediately intensified the conflict
raging within Tongan ruling circles.
Customs officials were directed to prevent the newspaper from
entering the country in defiance of the ruling. The pro-monarchy
Tonga Star newspaper launched a campaign to have the Chief
Justice, Briton Gordon Ward, impeached.
In retaliation, Taimi o Tonga owner-publisher,
expatriate Tongan journalist Kalifi Moala, called on the New Zealand
government to boycott forthcoming celebrations for King Taufaahau
Tupous 85th birthday, and to call off a planned visit by
the NZ governor-general to the country.
The new law specifically prohibits freedom of speech or expression
that infringes the rights of others or the countrys
cultural traditions, or that violates public
law and order and national security. It allows parliament
to restrict free speech for a range of reasons, including public
interest, national security, public order and morality,
and for the protection of the royal family.
A New Zealand lawyer, Rodney Harrison, who regularly takes
cases in the Tongan courts, said that the constitutional changes
would effectively put an end to the rule of law, while
Moala denounced the move as a declaration of dictatorship
by the government.
The Tongan government first declared the Taimi o Tonga
a prohibited import in March, on the grounds that it was a foreign
newspaper engaged in sedition. Moalas appeal
to the Supreme Court for the ban to be overturned was successful.
However, the Privy Councilmade up of cabinet ministers
and chaired by the kingimmediately imposed a new ban making
it illegal to import, sell or distribute the newspaper. The Supreme
Court then upheld Moalas second appeal. Its judgement of
May 26 declared the ban to be an ill-disguised attempt ...
to restrict the freedom of the press.
The degree of coercion being used to shut the newspaper down
is symptomatic of the depth of political tensions within Tongas
ruling elite. Travellers arriving in Tonga have been met with
loudspeaker announcements warning anyone in possession of the
newspaper to dispose of it or risk a fine. In a country where
few people have access to the Internet, downloading electronic
copies of the paper has been forbidden. Five people who discussed
the case on local television were issued with writs for contempt
of court.
The Taimi o Tonga is a bi-weekly newspaper, printed
in Auckland, with a circulation of 20,000. Half of its circulation
is in Tonga, the remainder being sold among the 40,000-strong
Tongan community in New Zealand.
Since being established in 1995, the newspaper has been a persistent
critic of the Tongan royal family, exposing alleged corruption
and scandals within the establishment. It has close connectionswithin
Tonga and among the expatriate communityto an opposition
group, the Human Rights and Democracy Movement (HRDM), which calls
for democratic elections and a constitutional monarch along British
lines.
Last year, Moala published a book in which he detailed injustices
carried out by the Tongan authorities against political dissidents
and his own newspaper. He claimed Tongas rulers were stung
by a 1996 decision by the Chief Justice overturning 30-day prison
sentences imposed on Moala, his deputy editor and the HRDM parliamentary
leader after an article was published critical of the king. The
government has recently been forced to pay compensation to the
three men for illegally detaining them in violation of the constitution.
Moala told the NZ Listener last month that his newspaper
was not radical. He described it as a very normal
newspaper, just like any other community paper that covers politics
as well. Its just that, with the social environment in Tonga
and the political set up ... if you go up against that, youre
in trouble.
The papers agenda is allied to that of the HRDM, a movement
based primarily on island and expatriate business and professional
layers who want the liberalisation of the political and commercial
establishment to open financial and political doors that will
further their own class interests.
Moala, whose company also publishes the weekly Samoan International,
the Cook Islands Star and the Indian Tribune, has
considerable support within New Zealand where investors regard
the tottering Tongan monarchy as the major obstacle to economic
restructuring and foreign investment projects.
Exports from New Zealand to Tonga total more than $NZ50 million
annually, much of it in foodstuffs. Pacific tourism is becoming
increasingly important and a Tonga-New Zealand Business Association
has been set up to assist in promoting bilateral trade, tourism
and economic linkages.
Many Tongan leaders are New Zealand-educated, while the Tongan
community in the New Zealand capital Auckland remits some $NZ2
million per month to families back home. New Zealand aid totals
$NZ5.6 million a year.
Criticism of the royal family has focused on the activities
of the kings childrenPrince Tupoutoa and Princess
Salote Pilolevu Tuita. The prince, who is also the prime minister,
controls a personal fortune derived from his ownership of Tongas
Internet domain name, as well as the kingdoms electricity
network. The princess has taken Tongas sovereign geostationary
satellite slots into a Hong Kong registered company and leases
them out to Chinese companies.
While the countrys main commercial resources remain tied
up in the hands of the royal family, recent reports from bodies
such as the IMF suggest that the economy is on the verge of total
collapse. Growth has slumped to just 1 percent over the last two
years, and problems in financing the fiscal deficit and reversing
the decline in foreign reserves are described as acute.
The trade deficit continues to grow. The country receives around
$US40 million a year in aid while expatriates remit around 200
million paanga ($US91 million). With a population of just
100,000, the gross domestic product per capita is $US2,200 dollars.
Tongas main export earner is squash pumpkin, with tourism
the only other significant source of hard currency.
Life for most ordinary Tongans is measured by poverty and severe
lack of opportunity. Unemployment runs into double figures and
much of the population survives on small-scale subsistence farming.
About half the jobs are provided by the government. Only a quarter
of the 2,000 young people who leave school each year are able
to find jobs without moving to New Zealand or elsewhere. Like
many Pacific Island states, Tonga now faces a depopulation crisis,
with more Tongans living abroad than at home.
According to international financial bodies, this situation
demands the reform of what is one of the worlds last remaining
constitutional monarchies. The Tongan royal family, established
in the 19th century under the tutelage of British Methodist missionaries,
wields almost absolute power. Methodism remains the official state
religion. King Taufaahau Tupou IV, who became ruler in 1965,
appoints both the prime minister and deputy prime minister for
life, as well as the entire cabinet, the Privy Council and the
Supreme Court. The constitution guarantees that the unelected
elite controls the 30-seat parliament. Twelve seats are reserved
for the appointed cabinet ministers, nine are selected by the
countrys 33 nobles, who acquire their life titles
by descent, and only nine are elected by popular vote.
In the 2002 parliamentary elections, seven of the nine commoner
seats were won by the HRDM, which has been refused permission
to register as an incorporated society, and thus cannot become
a political party. Despite this, the acknowledged leader, former
public servant Akilisi Pohiva, gained the most votes of
any candidate. The movement immediately declared that it intended
to press for serious political reform.
The perspective of the HRDM has been to attack the monarchy
over corruption on the one hand, while lobbying the major powers
in the region to pressure the government to implement democratic
reforms.
In a recent letter to the Commonwealth secretary general, former
New Zealand foreign minister Don McKinnon, the HRDM put forward
proposals for a referendum on a democratic form of government.
Two Commonwealth Secretariat representatives subsequently visited
Tonga to discuss issues of good governance with the
prime minister, cabinet and members of parliament.
The HRDM has in return received direct assistance from the
New Zealand government, with Wellington paying for one of its
members to receive a seven-week human rights training
course in Switzerland. HRDM leader Pohiva denied this amounted
to interference in Tongas internal political affairs, but
expressed satisfaction that the international democratic
community was beginning to provide support for work
in Tonga, saying he expected Australia and Great Britain
to participate.
As a result of such moves, the Tongan government has accused
New Zealand of conspiring to undermine its constitution. Many
Tongans regard New Zealand policies as driven by colonial arrogance,
with frequent complaints of aid and trade being used for political
ends. The NZ Labour government was accused of attempting to influence
last years elections after Foreign Minister Phil Goff said
he was taking measures to ensure aid money was not subverted
by corruption. The associate minister Matt Robson simultaneously
accused the royal family of endemic corruptioncomments
applauded by the HRDM.
The HRDM, however, has no solution to the desperate social
and economic problems besetting the fragile island state. Its
reform program, far from seeking the overthrow of the monarchy,
is limited to calls for the creation of an upper house for the
nobles, while making all 21 seats in the lower house
directly elected and open to all citizens. Economically, it will
implement the reactionary demands of the IMF and World Bank.
Moala and the HRDM are concerned that the current political
set-up could soon see ordinary Tongans rise up. According
to New Zealand-based Pacific affairs commentator David Robie,
they fear that if the balance of power is not corrected,
extreme elements will pull harder in opposite
directions. At the last elections, fully eighty percent
of the people on the main island of Tongatapu reportedly did not
vote, expressing the extent of popular alienation from the official
political framework.
So far the New Zealand government has resisted demands from
Moala and his supporters to cut aid to Tonga, as well as calls
from the NZ Green Party for Tongas expulsion from the Commonwealth.
Foreign Minister Phil Goff is however preparing to lodge a protest
with the Tongan authorities that the new law runs counter to the
Commonwealths Harare Declaration on Human Rights.
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