Holly Otto | South Pacific Fellow
Image sourced from Peter Jennings via Flickr.
Preserving Culture or Perpetuating Inequality?
The Kingdom of Tonga stands at the intersection of tradition and transition. In one hand it cradles a rich cultural heritage, and in the other wrestles with the encroaching pressures of an increasingly globalised world. Its constitutional monarchy, uncolonised history, customary practices and deeply ingrained Christian values all underpin a unique social order, where societal rights and obligations are determined by gender and class. Although custom itself is not a formal source of law, it heavily influences the Tongan Constitution and must be considered in court decisions – essentially elevating it to the level of law. Women, regardless of where they sit within this social system, are inextricably impacted by the stratified, feudal order at the heart of Tongan society.
Amidst this backdrop, Tonga remains one of six countries yet to ratify the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the comprehensive international treaty that binds signatories to the goal of achieving gender equality. The core arguments against ratifying CEDAW are founded in this incompatibility with tradition. Tonga’s decision to preserve its social structure and reject international law has attracted global attention and reprimand, including during its most recent Universal Periodic Review in 2023. The very social fabric of Tonga is deeply intertwined with its traditional notions of identity, making any change to its legal or cultural systems a complex endeavour.
One of the most pronounced areas of tension is land rights. Under Tonga’s land tenure systems men are the primary inheritors of family estates, restricting women’s access to property ownership and inheritance to the most limited circumstances. Not only does this customary practice perpetuate a cycle of disadvantage – where women remain dependent on male relatives for access to land and its financial opportunities – but it also directly conflicts with norms outlined in international law. Ratifying CEDAW would require constitutional and legal reforms that challenge the deeply ingrained patriarchal norms underpinning the current system — an outcome viewed by many as a fundamental threat to Tonga’s cultural identity.
The Pacific’s Human Rights Paradox
Tonga’s dilemma highlights a broader question of how Pacific Island states navigate the clash between customary law and international human rights obligations. In the global quest for equality and justice, international human rights law is often celebrated as the north star to which states should orient in their conduct. This ever-growing body of rules and principles outlines and protects the fundamental and inalienable rights and freedoms of individuals. In many Pacific societies custom is not merely tradition – it forms the backbone of social and legal systems, emphasising communal responsibilities, social harmony, and collective well-being.
These two coexisting systems are often seen as inherently contradictory because of the conflicting philosophies which underpin them – individual rights promoted by international treaties like CEDAW do not always harmonise with village philosophies of communal living. This tension partly explains why the Pacific has the lowest regional ratification of international human rights treaties in the world.
As human rights continue to form a central pillar of global order, Pacific states find themselves in a precarious position. Being a ‘responsible global citizen’ now seems synonymous with adoption of these international human rights frameworks, irrespective of social and cultural contexts. Encouraged by this promise of a more equitable world – and secondary incentives of favourable aid or trade agreements – many countries have integrated these international treaties, even at the risk of incompatibility with pre-existing cultural norms. Hesitant states, including those in the Pacific, risk being marooned in a globalised and rights-conscious world – and it is their vulnerable populations that would suffer most. This isolationist approach would compromise alliances by highlighting a perceived incompatibility of Pacific and international values – especially because of the near-universal ratification of CEDAW. Without international assistance or domestic attention, the chasms of in-country inequalities would only widen.
Tonga’s Path Forward: Rethinking Rights in its Cultural Context
For Tonga, the way forward lies in its ability to strike a balance between maintaining tradition and welcoming transition. Harmonising international law with customary practices does not mean erasing cultural identity, but rather adapting it to meet the evolving needs of society. As UN High Commissioner for Human Rights, Zeid Ra'ad Al Hussein, aptly noted, deconstructing limits on women’s freedoms does not have to be synonymous with destroying a culture. “Culture is not a fossil hardened into bitterness and rigidity. Cultures are strong when they are renewable – when they recognise and resolve injustice”.
Rather than complete ratification of CEDAW, the key to mapping Tonga’s journey could be implement piecemeal reform – with the eventual aim of de-facto compliance – that reflects both international human rights standards and local realities. For instance, introducing gender-neutral inheritance laws for land while preserving ceremonial roles tied to tradition could be a compromise that respects custom without perpetuating inequality. Of course, success also hinges on factors like political will, public education, and involvement of women’s advocacy groups in creating reforms that respect cultural values while promoting gender equality.
As Tonga charts its path, one thing is clear: change is inevitable, but not necessarily at the cost of identity. Tradition and transition need not be at odds. With careful planning and genuine dialogue, their convergence will trace a course to a future where all – regardless of gender – can thrive.
Holly Otto is the South Pacific Fellow for Young Australians in International Affairs (YAIA). She is a recent Bachelor of Laws (Honours) and Arts graduate from the University of Queensland, with majors in International Relations and History. Having completed her final semester at the National University of Singapore as a 2024 Westpac Asian Exchange Scholar, she looks forward to commencing work as a Judge’s Associate in 2025. As YAIA's South Pacific Fellow, Holly is eager to continue engaging with this dynamic region, highlighting the importance of Pacific literacy in Australia, and exploring her interests in justice and human rights in plural legal systems.
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