Pacific Media Watch
TONGA:
RSF protests over constitutional ploy


Title -- 4258 TONGA: RSF protests over constitutional ploy
Date -- 12 December 2003
Byline -- None
Origin -- Pacific Media Watch
Source -- Reporters Sans Frontières 12/12/3
Copyright -- RSF
Status -- Unabridged


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KING AMENDS CONSTITUTION TO KEEP BAN ON NEWSPAPER
http://www.rsf.org

PARIS (RSF/Pacific Media Watch):
Reporters Without Borders (Reporters sans frontières) today
criticised King Taufa'ahau Tupou IV of Tonga for signing
constitutional amendments and reintroducing press laws on 5 December
that allow his government to maintain a ban on the independent
newspaper Taimi 'o Tonga.

The king's actions posed a serious threat to free expression and
represented a huge step backwards for press freedom, the organisation
said. It was very regrettable that the Tongan authorities had gone so
far as to amend the constitution just to keep blocking distribution
of Taimi o' Tonga, which is produced in New Zealand.

Reporters Without Borders called on the Tongan prime minister, Prince
'Ulukalala Lavaka Ata, to convince the king to reverse this decision
and allow the newspaper to circulate freely.

In view of the seriousness of the situation, the organisation also
announced that it will ask the European Union authorities to apply
provisions of article 96 of the Cotonou Convention, which envisage
sanctions in case of failure to respect "human rights, democratic
principles and the rule of law."

Tonga is a signatory to the convention.

The constitution used to guarantee free expression. The amendments
signed by the king on 5 December served to retroactively validate a
February ban on Taimi o' Tonga, which the Supreme Court had ruled
unconstitutional in May.

The king also approved the reintroduction of two press laws, the
Newspaper Act and the Media Operators Act, which give the government
extensive powers, including to grant publication and import licences.

These amendments and press laws eroding the principle of an
independent press were approved in October by a Parliament with 30
members, of whom 21 are named by the king. The constitution will
henceforth allow the authorities to ban a news media if it violates
"cultural traditions or the right to private life."

Taimi o' Tonga publisher Kalafi Moala, who lives in New Zealand, said
free expression had completely ceased in Tonga. The constitutional
amendments will allow the authorities to ban distribution of other
foreign publications, as well as Taimi o' Tonga.
+++niuswire

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Saturday, 13 December 2003

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