MarketLGBTQ rights in Tonga
Company Profile

LGBTQ rights in Tonga

Lesbian, gay, bisexual, transgender and queer (LGBTQ) people in Tonga face legal challenges not experienced by non-LGBTQ residents. Male homosexuality is illegal in Tonga, with a maximum penalty of 10 years imprisonment, but the law is not enforced.

History
Tonga, much like the rest of Polynesia, used to be tolerant of same-sex relationships and transgender people before the arrival of Christianity. The arrival of the European missionaries in the late 18th century quickly changed societal acceptance, and the first anti-gay laws in Tonga were enacted. The missionaries converted the local population to Christianity. Cross-dressing is illegal in Tonga under laws inherited by the former British Empire. The traditionally would play an important domestic role in Tonga communal life, and would often be called upon to aid the royal family. Despite discrimination and harassment, the community organises an annual transgender beauty pageant competition called the Miss Galaxy Pageant, which is sponsored by the Tonga Government and local businesses. ==Legality of same-sex sexual activity==
Legality of same-sex sexual activity
Male consensual same-sex sexual activity, as well as heterosexual sodomy, is illegal in Tonga under the Criminal Offences Act () with a maximum penalty of 10 years imprisonment. The offenders may also be whipped as a punishment if convicted. :Section 136. Sodomy and bestiality. Whoever shall be convicted of the crime of sodomy with another person ... shall be liable at the discretion of the Court to be imprisoned for any period not exceeding ten years.... Male rape is also illegal in Tonga: :Section 137. Assault with intent to commit sodomy. It is an offence for a person to assault another person with intent to commit sodomy. :Section 138. Indecent assault on man. It is an offence for a person to make an indecent assault on a man. :Section 139. Attempted sodomy, indecent assault upon a male. Whoever shall attempt to commit the said abominable crime of sodomy or shall be guilty of an assault with intent to commit the same or of any indecent assault upon any male person shall be liable at the direction of the Court to imprisonment for any term not exceeding 10 years. :Section 140. Evidence. On the trial of any person upon a charge of sodomy or carnal knowledge it shall not be necessary to prove the actual emission of seed but the offence shall be deemed complete on proof of penetration only. :Section 142. Whipping for certain offences. Whenever any male person shall be convicted of any offence against sections ... 136 and 139 of this Act the Court may, in its discretion in lieu of or in addition to any sentence of imprisonment authorised under this Act order the person so convicted to be whipped in accordance with the provisions of section 31 of this Act. Decriminalisation efforts In late 2016, the Tonga Leitis Association, an LGBTQ advocacy group, launched a national consultation with governments officials in order to decriminalise homosexuality and cross-dressing. According to the Attorney General, there have, as of 2016, never been any sodomy convictions on consensual same-sex activity. ==Recognition of same-sex relationships==
Recognition of same-sex relationships
The Kingdom of Tonga does not recognise same-sex sexual relationships or unions in any form. ==Discrimination protections==
Discrimination protections
Tongan law does not address discrimination on account of sexual orientation or gender identity in employment or the provision of goods and services. The Judicial Code of Conduct 2010 states that "a judge shall be aware of, and understand, diversity in society and differences arising from various sources, including but not limited to race, colour, sex, religion, national origin, caste, disability, age, marital status, sexual orientation, social and economic status and other like causes ("irrelevant grounds")." The legislation prohibits judges from "manifest[ing] bias or prejudice towards any person or group on irrelevant grounds." ==Living conditions==
Living conditions
Tongan society is very socially conservative and highly religious. In addition, it has recently seen a rise in fundamentalism and religious fanaticism, which has been associated with an increase in hatred and discrimination towards LGBTQ people and fakaleitis. Much like the rest of Polynesia, public displays of affection tend to be frowned upon, regardless of sexual orientation. Activism There is an LGBTQ association known as the Tonga Leitis Association, which is headed by Joey Mataele, an influential individual in Tongan society. In 2018, Cyclone Gita, which destroyed the Tonga parliament building, damaged the organisation's drop-in centre and shelter. The 2012 Summer Olympics flag-bearer for Tonga was openly gay Amini Fonua. Fonua has become an advocate for LGBTQ rights, speaking with Tongan government officials about the need to reform Tonga's colonial-era laws that criminalise homosexuality. In 2018, Frederica Tuita Filipe, daughter of Princess Royal Salote Mafileʻo Pilolevu Tuita, expressed her opposition to homophobia and discrimination. In 2021, noted LGBTQ activist Polikalepo Kefu was murdered near his home near Muʻa. ==Statistics==
Statistics
According to 2017 estimates from UNAIDS, there were about 400 transgender people in Tonga. ==Summary table==
tickerdossier.comtickerdossier.substack.com