Tonga sets trend
p. 60 · Read in the full issue
THE title of this comment is not quite accurate for the said trend has been in place in the islands for sometime. It is an unmistakable process
everywhere in Fiji, Samoa, Vanuatu,
New Caledonia and PNG. And I’m talking about the readiness of island governments to act in such a way as to suppress, reduce, nay destroy not only individual but also institutional liberty.
It is in Tonga, however, that we observe this process most assuredly exemplified in a spate of parliamentary enactments which can, from a democratic-liberal point of view, be read
as aimed at curbing popular indepen
dence of decision and action. In the course of a single parliamentary session.
Government and nobles’ representatives in 1993 managed to table and secure passage of two Bills and one motion that
will seriously check and imperil public freedom.
The first of these was designed to give the minister of labour and commerce the widest powers for issuing licenses for the export of agricultural produce. During the debate on this law, the government as is usual in defences of this type of legislation adduced arguments of an essentially economic nature. But apart from the utterly questionable character of such arguments, the issue of the infringement on people’s free exercise of choice and rights to their own production was
hardly faced.
The second statute invites churches and other NGOs to license with government as legal and semi-commercial entitles. The provisions of this law are fraught with problems for NGOs, eg. their status as charitable organisations would need to be reappraised with corresponding negative impli cations. And again the political aspects of this law were not at all addressed. Except a few, led by Liava’s and Fukofuka, most MPs did not recognise the need to really fight this law and some of the people’s representatives even supported it! In the opinion of the writer legislations of this sort are primarily aimed at greater government domination of the popular conscience and corresponding restrictions on people’s freedom and always come during a time of rapid social change and rising political consciousness. Although this law as it stands does not provide that NGOs must so register, it is perfectly possible that the law will be “amended” in the
future to make licensing a condition for the existence of an organisation, charitable or not.
I should point out also that, first, amend ment strategies are universal tools of illiberal governments and, second, that certain types of amendments are quite illegal. Moreover amendment is just one of those legal terms which are very ill-defined all legal terms, in fact, are ill-defined. The other possibility is for an amended law to offer favorable conditions to NGOs that do license with the effect of twisting the arms of those that don’t to do so. And there shall be many other ways, for illiberal minds in illiberal governments will always be busy whatever other peoples do.
The motion, which was introduced by the speaker of the parliament himself, was one for the legalisation of a ban on press releases of parliament proceedings that would be judged by certain officers as defamatory or scandalous. At the same time the motion offered precious little
as to guidelines for determining which is classified and which neutral material. The implication is that everything shall be left up to personal whim. I see here a definitive nail driven into the coffin of the media and freedom of speech. The whole affair then is an invitation to more prejudice and discrimination. And the press is there, as Justice Black said in the US Pentagon Papers “to serve the government, not to governors —, to bare the secrets of government and inform the people”. The press, be it noted, has made the first step towards the great exposes of corruption and mismanagement in recent history.
The problem with island governments is that any measure making for greater government control and interference or what comes to the same thing, greater power for the privileged classes is immediately hailed as contributing to progress and avidly copied in different ways. I truly believe that the freedom of the media is being attacked in all the Pacific islands right, now witness the various attempts in Tonga, Samoa, Fiji, Vanuatu etc, etc. in the past two years or so to muzzle the free media and churches and other NGOs are being reined in as the Tongan law not too subtly implies. It is of course from private citizens and NGOs that sharp criticism can always be directed onto government policies and so it is only natural that laws and other measures be developed to monitor and control but ideally to destroy the growth of criticism and protest. Never mind if it destroys the very basis of liberty. This is the trend that is so pronounced in Pacific civic life now and in this matter Tonga has not been dragging its feet. □