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Call for clarity over the definition of a child in Tonga Featured

'Ofa Guttenbeil Likiliki director of the Women and Children Crisis Centre 'Ofa Guttenbeil Likiliki director of the Women and Children Crisis Centre

5 June, 2017. A women's advocate says Tonga needs to change its laws to be consistent with the Convention on the Rights of the Child.

 'Ofa Guttenbeil Likiliki is the director of the Women and Children Crisis Centre.

Her call comes after another NGO, the Talitha Project, launched an initiative seeking to repeal a law that allows children between the ages of 15 and 17 to get married if they have parental consent. 

Ms Guttenbeil Likiliki said the government ratified the UN Convention on the Rights of the Child in 1995 and there are still legal inconsistencies.

"You can't vote until you are 21 but compulsory education is until you are 18," she said.

"You can register to be a soldier in the defence services at 16. You can marry at 15 with parental consent and you can be charged for a criminal offence at seven.

"So currently there are huge discrepancies throughout our laws in terms of what actually legally defines a child," Ms Guttenbeil Likiliki said.

Fight for CEDAW ratification still not over in Tonga

Ms Guttenbeil Likiliki also said work was continuing on education around Tonga's adoption of the convention on the elimination of discrimination against women.

In 2015 the government stepped back from ratifying CEDAW, after opponents said it would open the way for same-sex marriage and abortion.

The Women and Children Crisis Centre hasn't given up on pushing for ratification.

Ms Guttenbeil Likiliki said CEDAW has been shelved until at least after the 2018 election.

She said in the meantime the centre was holding male advocacy workshops.

She said the last one included 35 men from churches, government, NGOs, businesses and youth groups.

"We brought them together and we took them through CEDAW, every single article, and we unpacked it and we got them to see.

At the end of the five days we had men crying in the room and admitting that they had no idea that CEDAW was actually beneficial for their daughters, for their sisters and this whole misconception around CEDAW being the legislation of same-sex marriage was thrown out the window," Ms Guttenbeil Likiliki said.

She said they would continue to raise awareness so that the public were more informed.

-RNZI

16 comments

  • Mark Hanson
    Mark Hanson Wednesday, 07 June 2017 18:12 Comment Link

    'Ikai mu'a ke o 'o teke e NCD moe healthy living ke mo'ui lelei ai mo mo'ui ma'a e fefine Tonga. Mo'oni 'aupito e lau 'a 'Anolo, tanaki atu ki ai mo e hisitolia 'o Tonga pea toki fungani'aki ha ki'i lesoni ako Tohitapu, koe kakato ia 'ae mo'ui ma'a mo fakapotopoto 'ae fefine Tonga.
    Tuku e CEDAW is 'Ofa moe fakatupu mahaki, he koe hala ia moe founga kihe fonu 'a Tolitoli moe Uooti 'a Mapa.

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  • Anolo
    Anolo Tuesday, 06 June 2017 16:27 Comment Link

    Well said Mark Hanson. Ratifyng Cedaw and more legislation are not the answer Ofa Likiliki. The solution is addressing both men and women through education and counselling based on thier individual cases. So essentially what you need are resources to deal with social, mental and moral issues. CEDAW is a political misconception that your organisation does not need. Instaed educate men and women to value and respect themselves, not educating them on the CLAWS of CEDAW. Ko e fakatata mahino ki ho'o lau Mark Hanson ko e Minisitaa koena na'e 'alu ke ratify e CEDAW, teke mo malanga'i e CEDAW, ko e haa e me'a ne hoko? He fell on his own sword, be very carefull Ofa Likiliki. Ko Tonga ia ne tuku ki langi, ne ikai tuku ia ki he UN ke ne fakasotoma'i. Ko Tupou 1 ia na'e liliu ki he tui fakakalisitiane pea ko e uho ia 'etau konisitunone. Na'e 'ikai hano fuhinga mata'itohi 'ona but he was guided by a higher power pea na'e malu ai 'a e fonua. Tonga do not need to conform with CEDAW, we are way better in so many ways to the rest of the world.
    Ko hono fakakatoa tuku e ako'i e CEDAW ki he kakai ka e ako'i e hisitolia 'o Tonga ke 'ilo 'e he kakai e ngaahi ngaue lava me'a 'a e kakai lelei 'o Tonga. Pea tanaki atu ki ai mo ha ki'i polokalama bible studies he 'oku tu'u kotoa pe ai e ngaahi faito'o ki he ngaahi palopolema 'o e fefine mo e tangata.

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  • Siaosi
    Siaosi Monday, 05 June 2017 18:07 Comment Link

    Kau eni he Article fakaoli;
    1. Kii fepaki faka NGO- koe foi fakafepaki ataa pe eni ia kihe sii feinga a e Talitha
    2. Fakalangalea e Interpretation- anga fefe keke falute kotoa mai ngaahi ta'u he lao kehekehe oku fokotuu mo hono takitaha taumu'a o ai ke fakatatau kihe Convention koe lau ia mei tu'a.
    3. Teke ai pe CEDAW- mou laka teke ha mea oku aonga he oku tekeutua e fakamalaia oe konivesio koeni.

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  • Lotu
    Lotu Monday, 05 June 2017 17:37 Comment Link

    Lau e lao ke mahino he koe fa'u 'e he kakai poto kae 'oua e feinga ke mimio ke tatau mo ho'omou fiema'u mo e teke 'a e ngaahi kautaha 'oku nau fund kimoutolu.

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  • Sione F
    Sione F Monday, 05 June 2017 17:33 Comment Link

    Fai aipe teke oe CEDAW. Koe ikai matangingila atu pe fonua kae teke vili ta'e'unua mai pe ke fkmalohii aki e kakai ke nau tali, koe funding foki oku nau ma'u ai.

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  • Mark Hanson
    Mark Hanson Monday, 05 June 2017 16:05 Comment Link

    There are no discrepancies or inconsistencies because the pieces of legislation OGL is talking about have different purposes and they address different stages of development and different needs consistent with those stages of development. At 21 people are considered mature enough to make their own decisions regarding government and political matters. Compulsory education to 18 is to keep boys and girls in the classroom to be assisted and guided by the educational institutions with the view of securing employment, further education and a good future. Getting married at 15 with parental consent is a measure to respond to parents (and individual's) request and rights to do what they want. But this is not the norm. It only happens when girls and boys take matters into their own hands until it's too late to stop a pregnancy or teenage sexual relationship. OGL cannot come up with a piece of legislation that can address all these issues, and she can't deny the parents their right to ask for permission to marry off their daughters (or sons) because OGL is not the one whose feelings and hearts are broken by the unwise decisions of individual boys and girls. I wish to stress here that no piece of paper or legislation can stop boys and girls from doing what they want to do.
    With regards to CEDAW. another piece of paper that is only meaningful in a court of law. It will not stop people from doing what they want to do. Can OGL tell us if people had stopped drunk driving even when there are laws and legislations against drunk driving? have people stopped stealing? have people stopped committing adultery? or assault? or drug dealing? or neglecting their children? or embezzling funds? or misusing government funds and assets? or many other crimes that already have laws and legislations in place? Can she tell us how can that extra piece of paper called CEDAW stop people from committing the crimes that are already enshrined in the Tongan laws? Let me tell you OGL. The answer is NOT another piece of legislation or convention. The answer is in peoples hearts and minds and you can't legislate that.
    Tonga does not have to ratify a convention that was drafted to address problems of societies a world away from Tonga. UN conventions are drafted by people who are mostly non-Christian, have no moral values, have unconventional lifestyles, have no understanding of the Tongan family unit and the Tongan society. These people are activists who want to push their own agendas and shove them down the throats of poor nations like Tonga by dangling a few carrots in front of people like OGL.
    Wake up people and don't be fooled by people like OGL who needs the money of big donors like UN Women etc. to keep their jobs at the expense of the Tongan society.
    Most of us have read the CEDAW and have done our own unpacking and we can see the opening that can be used later to slowly entertain the remaining ugly part of the convention. Talk about letting the camel's hoof into the tent!!!
    C'mon OGL, forget the CEDAW and concentrate on providing a safe house for girls who run away from home.

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