SUB-REGIONAL OVERVIEW: THE PACIFIC SUB-REGIONAL OVERVIEW: THE PACIFIC Tonga TABLE 45 Ratification of International laws relating to statelessness by the countries the Pacific Country Laws Citizenship Law Tonga’s Nationality Act, revised in 2016, provides provisions for the conditions on which people may be eligible to become ‘subjects’ (termed ‘citizens’ henceforth) of the Kingdom of Tonga.1786 Tongan citizenship legislation operates through the principle of jus sanguinis with children born either within or outside of the territory considered Tongan citizens if at least one parent is Tongan, as stipulated in Article 2 of the Act.1787 The Act does not explicitly mention stateless persons, children born to stateless parents, or foundlings. There is also no definition of a stateless person included in Tonga’s laws. Tongan citizenship legislation operates through the principle of jus sanguinis with children born either within or outside of the territory considered Tongan citizens if at least one parent is Tongan. Naturalized citizenship Article 8 of the Nationality Act provides that naturalization can be attained by residing in the territory for 5 years, having good character and knowledge of the Tongan language, and intends to continue to reside in the Kingdom Tonga.1788 The application requires payment of a fee, a birth certificate, medical certificate, and passport.1789 Decisions on certificates of naturalization are made by the King of Tonga.1790 The Nationality Act does not include provisions specifically for stateless persons applying for naturalization nor does it stipulate a simplified procedure to do so. In fact, the requirement of a passport in order to apply for naturalization bars stateless persons from eligibility entirely. Dual citizenship Tonga’s national legislation does not provide provisions stipulating dual citizenship. 160 STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION) Tonga ✅ ⛔ Stateless 1 ⛔ Stateless 2 ⛔ Refugee ⛔ Signifies that the country is a party to the convention Signifies that the country is not a party to the convention ICCPR ⛔ ICESCR ⛔ ICERD ✅ CRC ✅ CEDAW ⛔ Stateless 1 - 1954 Convention relating to the Status of Stateless Persons Stateless 2 - 1961 Convention on the Reduction of Statelessness Treaty ratification status Persons at risk of statelessness Tonga has very low rates of treaty accession. The only treaty bodies which have been ratified by Tonga are the ICERD and CRC with no relevant reservations. Those at risk of statelessness in Tonga include children who are registered at birth as ‘illegitimate’, children born to two foreign and/or stateless parents in the territory, and foundling children due to lack of legal safeguards. In 2019, the CRC Committee in its concluding observations has expressed concerns about birth registration for children subject to customary adoption and children on the outer islands.1791 The Committee was also concerned about the requirement to re-register a child’s birth as “legitimate” after the marriage of the parents.1792 It was recommended that Tonga strengthen the capacity of health services in outer islands and repeal requirements of re-registration under the Legitimacy Act.1793 By ratifying the CRC, Tonga is obligated to ensure that every birth is registered immediately.1794 Population Causes of Statelessness Discriminatory nationality laws According to Tonga’s Legitimacy Act, a child born out of wedlock is deemed ‘illegitimate’ and their birth is registered as such.1796 ‘Illegitimate’ children are unable to inherit land or title.1797 If the child’s parents marry, the child’s birth must be re-registered as ‘legitimate’.1798 This legislation is discriminatory, placing stigma on both the child and the parents as well as marginalizing the child. Lack of legal safeguards against childhood statelessness Reported stateless persons There is limited to no data on stateless persons in Tonga and no legislation which explicitly mentions statelessness. Tonga reported zero stateless persons to UNHCR in 2021.1795 There are no legal safeguards in the citizenship law of Tonga to provide citizenship to stateless or foundling children or children born to foreign and/ or stateless parents. REPORT 2024 161