Tonga denies clamping down on reformists

Samisoni Pareti
The Tongan Government is risking another public uprising in its prosecutions of several peoples’ representatives in parliament and a raid on a newspaper that is highly critical of Prime Minister Feleti Sevele’s rule.
Sevele’s media adviser Lopeti Senituli said the prime minister was fully aware of the risks, but a government which believes in the rule of law has little choice.

“That is the risk any government founded on the rule of law must take,” Lopeti wrote in response to questions by ISLANDS BUSINESS magazine.

“To do otherwise would be to abandon Tonga to anarchy and the dogs of war.”

Senituli also said the prosecution of four People’s Representatives in connection with the November 2006 riots that destroyed most of Nuku’alofa’s central business district was more on law and order and less on attempts to silence government critics.

“The important question is whether or not they have conducted themselves in accordance with the laws of Tonga,” said Senituli.

“Whether or not they are endeared to the government is secondary.”

The same point was echoed by Alisi Taumoepeau, Tonga’s attorney-general, when interviewed on the subject by Radio Australia last month.

She argued that the charging of the four MPs including ‘Akilisi Pohiva, Clive Edwards and ‘Isileli Pulu was not part of a crackdown on political reform supporters.

“We all support political reform,” Taumoepeau told the Melbourne-based radio service.

“We may disagree on some of the details, but that is to be sorted out. Right now, the issue is criminal.

“We are carrying out criminal investigations and following up with  criminal prosecutions before the courts in Tonga.

“We are not interested in casting a bad light on any politician. As attorney-general, I am mandated by law to prosecute and ensure there’s an independent investigation of criminal matters, so that it’s brought before the court. That is all that we are doing.

“And we have gone to great lengths to ensure the investigation involves police from overseas, involves outside legal advice and outside prosecutors, so that these processes are done independently according to law.”

But Pohiva is not buying Taumoepeau and her government’s explanations.

“It’s one of the many attempts launched by government to stop us and to intimidate and discourage our efforts towards greater democracy,” the pro-democracy crusader told this magazine over the phone last month.

He said he’s not particularly concerned about the court case since he has faith in his defence team. But quietly, aides close to Pohiva told ISLANDS BUSINESS the politician is worried about the likely reaction of supporters to his being made to stand trial.

The possibility of an outbreak of violence could not be ruled out, this aide said. Pohiva himself seemed to think that the struggle for the King to surrender more power to the people would continue with or without leaders like him.

“The challenge will continue by our followers and also by the majority of the people,” he said.

“At the moment, I can say that more than 80% of the population support our struggle.

“It is entirely up to the government to find a way out because we still have the support of the majority.”

Pohiva was furious at the Tongan Defence Force’s forceful closure on February 11 of his newspaper, the Kele’a, for purportedly breaching the kingdom’s draconian Sabbath laws.

Under this piece of legislation, economic activities are banned in Tonga unless approval is sought from the authorities.

“That is the only reason why they disrupted the operation of the paper because quite simply, they don’t like the way Kele’a is very critical of government.

“It is the only source of information in Tonga that plays the role of opposition against government. That is the reason why they wanted to disrupt our operations.”

Kele’a editor Tavake Fusimalohi was equally displeased labelling the actions of the Tongan Defence Force to unilaterally close down the newspaper that night without notice as proof that the “kangaroo court” has arrived in the island kingdom.

“If typing on a computer in the office is considered breaking sabbath or are they just wanting to make life difficult for Kele’a, that is the question,” Tavake told this magazine from his Nuku’alofa home.

“Say if I take the computer home and work from there, would I be breaking the Sunday law?

“It’s so stupid. They can’t just bear being criticised.”

Senituli however rubbished Fusimalohi’s criticisms of the soldiers’ actions, saying members of Tonga’s defence force were only enforcing the law.

“The bakeries and tourist-related operations that are open on Sundays are open because they have official permission to do so,” said Senituli.

“So the claim of selective crackdown is not true.

“The Tongan Government has not interfered with Kele’a’s freedom to publish despite the trash it dishes out every week on the government.

“Now if that is not a tolerant government, then I don’t know what is!”

Pohiva and Tavake were however defiant saying the Kele’a would still work on Sundays in order to meet its printing deadline in New Zealand the following day. By the end of February, media reports said up to 700 people had been questioned and many like the four People’s Representatives charged with offences like sedition in connection with the November riots.

One of the MPs faces a murder trial. Former police minister, now a People’s Rep and top advocate, Clive Edwards, spent a weekend in jail when he was arraigned with the magistrate initially refusing him bail.

Reconstruction cost of Nuku’alofa has been put at US$60 million with several overseas donors offering to assist. The New Zealand and Australian governments, for instance, have offered concessionary loans to help companies re-build their businesses. A New Zealand municipal council in Manukau near Auckland has also offered to send a group of town designers and architects.