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.
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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
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