The Parliamentarian 2012: Tonga supplement

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TONGA:

The Legislative Assembly

Political reform: Tonga’s consensus approach to lawmaking PAGE 2

Tracing the country’s constitutional history PAGE 6

Developing Tonga’s economy PAGE 10

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LAWMAKING IN TONGA

POLITICAL REFORM: TONGA’S CONSENSUS APPROACH TO LAWMAKING Tonga’s Parliament amends budget proposals and changes Bills and regulations in the public interest unfettered by party or even government policies. That is the “Pacific way”.

Mr Sione Tekiteki, in Nuku’alofa Mr Tekiteki is the Clerk of the Legislative Assembly of Tonga.

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When I first graduated from the University of Auckland, my perception of democracy was very idealistic and very much influenced

by Westminster ideals. Perhaps, if I had attended a university in the United States, my idea of democracy would have been heavily shaped by congressional ideals. After all, one’s perception is significantly influenced by their surroundings. Democracy does not exist in a vacuum.

By this rationale, it follows that the most important consideration for ensuring peaceful political reform is that it harmoniously merges with the cultural and social fabric of that country. Only then can it be assumed that the political system (and by implication those

who govern) have the confidence of the people.

As a starting point, it is important to note that culturally, there are distinct differences between Western and Pacific values. Whereas western values can be interpreted as individualist by nature, Pacific values are largely founded on collectivism – where the community is more important than the individual. More specifically in Tonga, the traditional method of solving conflict within the community is based on “talanoa” and “fakalelei”, or dialogue and reconciliation.

This general observation implies that in the Pacific, more emphasis should be placed on politicians working together to

Mr Sione Tekiteki achieve consensus and that it would be counterproductive to adopt a purely adversarial parliamentary model. Moreover, considering that most parliamentary democracies in the Pacific are fairly new and lack the

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LAWMAKING IN TONGA

established parliamentary practices and conventions of more mature democracies, the idea of working together seems common sense.

There are two examples from Tonga’s experience that supports this idea of a “consensus approach to lawmaking”.

Political parties During the political reform consultation process, neither the National Committee of the Kingdom of Tonga on Political Reform (the first committee commissioned by Parliament on political reform) nor the Constitutional and Electoral Reform Commission (the last body commissioned under legislation by

Parliament on political reform) recommended in their report that there be formal political parties.

Thus, when the reform legislation was debated in the House in late 2009 and again in mid-2010, the issue of establishing formal parties was never discussed or raised.

Therefore, the approved amendments to the constitution and other legislation as a result of the political reform do not recognize political parties.

Moreover, Tonga does not formally recognize “the opposition” or a single person as the Leader of the Opposition.

When elections are held, only the names of candidates are printed on the ballot paper. There are no references in the ballot

paper of candidates’ party affiliation. Furthermore, after the ballot papers are counted and results declared it is not clear who the Prime Minister will be and who out of the elected Members will be in government.

This implies that elected Members must discuss informally amongst themselves their nominations for Prime Minister.

Such discussions will culminate in the official submission of nominations for Prime Minister to the Office of the Legislative Assembly within 14 days of return of writs. Within three days from the last date of receipt of nominations, a special sitting must be called by the Interim Speaker (appointed by His Majesty) where elected

Members of the Parliament of Tonga outside the Parliament building in the capital, Nuku’alofa.

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LAWMAKING IN TONGA

representatives would formally elect a Prime Minister-designate in accordance with a Schedule to the Act of the Constitution of Tonga.

The Speaker is also elected through a similar method under Rule 4-7 of the Rules of Procedure of the Legislative Assembly of Tonga.

It is also important to emphasize that pursuant to clause 51(2) of the Constitution of Tonga, the number of cabinet Ministers “shall be fewer in number than half of the number of elected Members of the Legislative Assembly excluding the Speaker”. As such, there can never be a majority government in Tonga.

The government will always need the support of non-government Members in order to pass business in the House.

Irrespective of formal recognition, there are still political parties in Tonga. The Democratic Party of the Friendly Islands (DPFI) does have a formal constitution and members are required to sign a Memorandum of Understanding.

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LAWMAKING IN TONGA

Left: A Tongan woman in traditional costume; This page: An idyllic sunset overlookingthe Vava’u group of islands.

Although the DPFI does have a set of guiding principles, it does not a have a policy manifesto.

The government is made up of the Prime Minister, Lord Tu’ivakano, two Nobles’ Representatives, five independent People’s Representatives, two People’s Representatives affiliated to the DPFI and two non-elected Ministers. It also does not have a policy manifesto.

Thus, it would seem that cabinet reaches policy decisions through discussions and consensus as opposed to a predetermined policy direction prior to taking up government.

In 2011 (the first year after the political reform), I have seen Ministers argue a point against other Ministers, a Minister either absenting or voting against the government, or Members abstaining or voting against their affiliated party. It has also been a trend for Nobles’ Representatives to vote on issues based on the merit of arguments rather than

taking a preconceived position on a matter.

These examples are not infrequent in Tonga and demonstrate the nature of the Tongan Parliament at work and why it is important that Members work together.

Ministers as Members of Parliamentary Committees In Tonga, Ministers take an active role in committee proceedings contrary to “best practices” elsewhere. Committee developments since the reform suggests that Ministers’ participation in committee proceedings can be both productive and rewarding for the Parliament and the public.

Prior to the reform in late 2010, the budget was always discussed in the Committee of the Whole House. The year 2011 was the first that the budget was referred to the Standing Committee on Finance and Public Accounts. The Minister of Finance is a Member of the

Committee. Throughout the indepth examination of the budget by the committee, the Minister of Finance was very open to the suggestions of committee Members and was intent on finding solutions to issues raised.

He also directed officials from the Ministry of Finance to work closely with the committee. Evidently, whilst the budget ceiling remained the same, some of the allocations for individual line Ministries were amended.

The year 2011 was also the first for Bills and regulations tabled before the House to be submitted for public consultation. Again after the consultative process, some Bills and regulations were amended and some were rescinded altogether. In one particular case, after public consultation relating to the Traffic Regulation and Immigration Regulation, the Finance and Public Accounts Committee reached consensus and presented a report to the House that recommended

reducing the fees and charges as set out in the schedules of these regulations. The report was passed with the full support of the House.

Rather than interpreting these incidents as a show of “no confidence against the government”, in Tonga amendments were made because the committees and the House reached consensus. The budget and the regulations were not seen as belonging to the government, they were seen as belonging to the country.

The Pacific way Whilst I have only alluded to positive political developments, it goes without saying that Tonga has experienced its fair share of “bumps” along the way. If anything, the political unrest of 16 November 2006 emphasized why it is important to discuss issues openly and freely without taking predetermined positions.

Tonga’s political reform direction has justifiably been influenced by its cultural heritage and social values.

These core values were at the forefront in Tonga choosing not to formally recognize political parties and in why Ministers are encouraged to participate in parliamentary committee proceedings.

In the CPA Plenary Conference held in London in 2011, I was asked by a colleague why the Speaker had agreed to host the CPA Mid-Year Executive Meeting for 2012. My answer was simple: “It’s the Pacific way”.

There are some interesting landmark issues currently being discussed in the Tongan Parliament. One of those issues is the government motion for the removal of the Auditor General for misconduct, which has perhaps raised the eyebrows of some political observers around the Commonwealth.

It remains to be seen whether this issue will be resolved in the Pacific way.

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LOOKING BACK ON TONGA’S HISTORY

TRACING TONGA’S CONSTITUTIONAL HISTORY Tonga’s current Parliament is its first following extensive reforms which brought in fully representative government. The reforms were implemented when the late King Tupou IV voluntarily gave up the powers traditionally invested in the country’s monarchy. A senior official of Parliament reports on the changes.

Dr Sione Vikilani in Nuku’alofa Dr Vikilani is the Clerk Assistant (Reporting) of the Parliament of Tonga.

Dr Sione Vikilani

Tonga has come a long way from 1875 when Tonga’s constitution was promulgated and Parliament was established in the Westminster system. About 135 years later, Tonga entered a new era when the power to rule was handed over without bloodshed from the King to the people through political reform. The political reform gave the common people more say in who should be their leaders through the ballot box instead of serving leaders appointed by the King.

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Historically, the Parliament that was opened on 16 September 1875 to discuss the newly written constitution for the country seemed to have been ideated and modelled after the earlier Fakataha (meeting of King and his Chiefs) which had been a council of chiefs whose main task was to advise the King. Therefore, the Fakataha met irregularly and it had nominal powers, if at all. It is also true that the idea of a Tongan Parliament was not only necessary for political considerations such as members of Parliament, but also as representatives of the chiefs and the people, meeting regularly as an embodiment of the unity of the whole country. The creation of Parliament, together with the constitution, was also important in order to safeguard Tonga’s sovereignty.

The original Parliament was composed of the: government – the Premier, Treasurer, Minister for Lands and Minister for police; 20 nobles – nine from Tongatapu, five

from Ha’apai, four from Vava’u, one from Niuatoputapu and one from Niuafo’ou – who were appointed by the King for life; and 20 people’s representatives elected along the same regional lines as the nobles.

They were elected by suffrage for a term of five years. The Speaker was also appointed by the King.

Parliament had the power to legislate, impeach, determine the amount of taxes, duties and licences; pass estimates of government expenditure; and discuss amendments to the constitution except in areas where it did not have jurisdiction such as matters to do with succession to the throne. It also had some judicial responsibilities such as the right to determine the number of police courts and the frequency with which they could sit.

In 2010, as part of the process of political reform, a large set of constitutional amendments were approved by Parliament and the King. The reforms were enacted following public consultations in

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LOOKING BACK ON TONGA’S HISTORY

A Tongan dancer bids farewell to New Zealand Prime Minister Rt Hon. John Key, MP, in 2007.

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LOOKING BACK ON TONGA’S HISTORY

2009 by the Constitutional and Electoral Commission, which produced a final report and recommendations for consideration.

The political reform amendments were contained in the Legislative Assembly Act (2010), the Electoral Act (2010) and three constitutional amendment Acts which were also passed in 2010. These key documents are listed at the end as a guide for reference, further reading and research.

The constitutional and electoral reforms have now been implemented. Those reforms went further and deeper than any other in Tonga’s constitutional history.

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a profound effect on the shape and form of future governments. The key amendments are discussed below in the various chapters, as they relate to specific powers and functions of Parliament.

Key amendments One of the major reforms of 2010 was to make explicit in Article 31, the separation of powers between the three branches of the government, namely, the Cabinet, the Legislature and the Judiciary.

Separation of powers means that each branch has its own set of independent powers, and in addition, has powers to check the other branches of government. In this context, the simple explanation of the branches is that:

- The Legislative Assembly (the legislative branch) makes laws and oversees the work of the executive; - The Cabinet (the executive branch) develops and implements national policy, including implementing and administering national laws and the budget; - The Judiciary (the judicial branch) interprets the laws passed by the Legislative Assembly, ensuring in particular that they are not inconsistent with the constitution.

Unlike the United States presidential system, the Tongan system of government does not have a “pure” separation of powers, because the Members of the executive sit inside the Legislature.

This can make the relationships of accountability between the two branches more complicated, because the executive is usually quite dominant in the Legislature.

Nonetheless, the Legislative Assembly does have a range of powers available to oversee the government.

The second part of the clause highlights the fact that the Parliament is actually a Parliament of individual Members, not parties.

In terms of introducing Bills, proposing motions and presenting petitions, this is carried out by the individual Members, whether on behalf of themselves or others.

Following the 2010 reforms, the executive no longer includes His Majesty and the institution of the

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LOOKING BACK ON TONGA’S HISTORY

Left: The Chamber of the Parliament of Tonga; This page: Fishing off Niuatoputapu Island.

Privy Council, as was the case in the past. The executive is now comprised of the Cabinet alone.

Cabinet is headed by the Prime Minister and a number of Ministers that must always be less than half the membership of the Legislative Assembly.

Roles of Parliament The Political Reform on 2010 has given Parliament greater power and new roles.

Traditionally Parliament made laws and did not have any say on who was the Speaker or the Prime Minister. Parliament can now elect the Speaker and the Prime Minister, which were two roles exclusively part of the King’s prerogatives. The executive will

also be appointed from elected Members of Parliament apart from not more than four unelected officials which is within the discretion of the Prime Minister should he want to appoint them as Ministers.

As mentioned above, separation of powers is very interesting in Tonga as Members of the executive are also Members of Parliament but this has been normal practice since Tonga’s constitution was Promulgated.

Following the election of the Prime Minister, the Speaker of the House will be elected in accordance with the constitution.

The Speaker and Deputy Speaker can only be nominated from amongst the nobles’

representatives. If only one noble’s representative is nominated and seconded, he is automatically elected Speaker. If more than one candidate is nominated, then a voting process is undertaken. Rule 5 of the Rules of Procedure describes the detailed process for the voting process for the Speaker and Deputy Speaker.

day. A motion of no confidence will have no legal effect if it is passed by the Legislative Assembly:

Vote of No Confidence The vote of no confidence is a new mechanism for regulating and making government accountable to the Assembly and the people. In essence, it is a vote by Members to clarify whether the majority of Members still have confidence in the leadership of the Prime Minister and the government of the

A vote of no confidence in the Prime Minister cannot be moved unless at least five working days’ notice of the intention to move such a motion was given to the Speaker.

If procedural requirements are met, the Speaker must allow the motion to be debated and voted upon.

- Within 18 months of a general election; - Within six months before the next general election; or - Within 12 months of a previous vote of no confidence.

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THE FUTURE OF TONGA’S ECONOMY

DEVELOPING TONGA’S ECONOMY In common with other Commonwealth countries, Tonga is striving to build its economy through diversification as some traditional sectors struggle to maintain revenue flows, reports a senior officer of the Tongan Legislature.

Ms Seinimili Tu'i'onetoa Fonua, in Nuku’alofa.

Ms Fonua is the Legislative Counsel to the Parliament of Tonga.

Tonga’a National Strategic Planning Framework 2009/10 – 2011/12 highlights the Tongan government’s vision of development which is: “To create a society in which all Tongans enjoy higher living standards and a better quality of life through good governance, equitable and environmentally sustainable private sector-led economic growth, improved education and health standards, and cultural development”. It identified private sector-led growth and global trade partnerships as the key to sustainable economic stability.

The National Strategic Planning Framework (NSPF) identified tourism, agriculture, and fisheries as key sources of economic activity. The exports of tuna to the United States and squash to Asian markets have for the last few decades been the mainstay of Tonga’s economy, though later

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research showed a market decline in these exports.

The particular role of remittances Remittances support consumption and investment in assets and education, as well as significantly improving average incomes of the poorest households. Of all the Pacific economies, Tonga is the largest recipient of remittances per head of population (transfers sent from Tongans overseas). In 2007, remittances per capita stood at U.S.$992, above Samoa (U.S.$640), and Fiji (U.S.$197).

Remittances over the years have acted as Tonga’s safety net mechanisms to its relatively weak economy.

In 2001, remittances represented 37 per cent of Tonga’s GDP, and 19.7 per cent of household monetary income (Tonga statistics department,

Ms Seinimili Tu’i’onetoa Fonua.

2002). By 2009, remittances fell to 22 per cent of GDP as the impacts of the global economic crisis were felt.

A significant decline in remittances, in particular from the U.S. was noted in the aftermath of the global economic crisis. While remittance inflows peaked in 2007/08, the fiscal year 2008/09 saw a decline of 15 per cent.

Studies showed that the costs of

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THE FUTURE OF TONGA’S ECONOMY

Squash and tuna make up two of Tonga’s main exports.

sending remittances to Tonga were high by international standards, but the World Bank and the IRC have been working with banks to reduce this cost. For instance, Westpac Bank has created a debit card whereby Tongans in New Zealand can deposit money into an account that can be withdrawn by relatives back home.

A study of the impact of remittances on poverty points out that in Tonga, more than 90 per cent of households receive remittances (although the 2006 Census puts that figure at 82 per cent). Even households without migrants benefit from remittances since remittance recipients make internal transfers to non-migrant households.

Other studies have also concluded that remittances reduce the incidence and depth of hardship. Low-income households in Tonga derived one-quarter of their cash income from remittances (the national average stood at one-fifth, ADB 2003).

Exports According to estimates based on the overseas exchange transactions (OET) reported by the Reserve Bank and commercial banks, the total value of exports fell

by Tonga Paa’nga (TOP)$0.7 million to TOP$30.4 million in 2005/06, largely reflecting lower receipts from agricultural exports, particularly squash.

During the first eight months of the 2006/07 financial year, export earnings amounted to TOP$18.8 million compared with TOP$19.2 million a year earlier. The fall in export receipts largely reflected lower proceeds from squash exports in 2006.

Imports During 2005/06, the value of imports (OET based) rose by TOP$32.2 million to TOP$236.3 million, underpinned by firm growth in remittances and growth in business and household credit.

During the first eight months of 2006/07, import payments were

TOP$138.8 million, compared with TOP$158.2 million in the same period last year. The decline in import payments partly reflected the imposition of credit ceilings on bank lending to the private sector.

New Zealand continued to be Tonga’s largest supplier of imports (35.0 per cent), followed by Fiji (27.0 per cent), and other countries (14.6 per cent).

Activities helping to increase the economy Tonga is a member of regional partnership trade agreements with the European Commission (EC) and other trading partners such as Australia & New Zealand. The region’s Pacific ACP – European legal text on trade agreement – has been finalized and submitted to the ECfor their consideration.

The exportations of kava and tuna from Tonga and seven other Pacific islands to the EC are the key exports in these trade negotiations.

New labour markets have

opened in New Zealand and Australia under the Recognised Seasonal Employment Scheme (RSE) and Pacific Seasonal Worker Pilot Scheme (PSWPS) respectively, for Tonga’s laborers.

These seasonal workers can work in farms in New Zealand and Australia for up to seven months in any 12-month period.

They remit money back home benefitting their families and broader communities.

Offshore mineral exploration is another area for economic growth, where work is undertaken by an overseas mining company (Nautilius Minerals Inc) in the exclusive economic zones and the territorial waters of Tonga for sulphide, copper, gold, zinc and silver.

Apart from international trade strategies, Tonga strives to improve its economy by prioritizing private sector-led economic growth, health and education in its 9th National Strategic Planning Framework 2009 – 2012.

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