Overview /
Country / Tonga /
1/ Background Statistics
Human development index rank / 851
GNI per capita (PPP in US$) / 4,0381
Life expectancy at birth (years) / 72.1 1
Mean years of schooling (years) / 10.41
Expected years of schooling (years) / 13.7 1
Total population / 104,0002
2/ Disability Statistics
Population of persons with disabilities / 2,7823
Proportion of persons with disabilities to total population / 2.8 per cent3, a
Employment rate of persons with disabilities / 33 per cent of unemployment rate as compared to a national unemployment rate of 13.3 per cent 3
Access to education / ..
3/Definitions
Definition of disability / ..
Definition of persons with disabilities / Although Tonga has yet to establish an official definition for persons with disabilities, the term “disabled” appears in the1996 Censusdefined as those persons over the age of 15 and categorized as having no economic activity status (JICA 2002).
Categories of impairment / TheTonga National Disability Identification Survey (2006b)questionnaire used the following classification:
i.  Blind
ii.  Vision impaired
iii.  Deaf
iv.  Hearing impaired
v.  Deaf and blind
vi.  Speech/Language impaired
vii.  Epileptic
viii.  Intellectual disability/Autistic
ix.  Learning disability
x.  Mental illness
xi.  Psychosis
xii.  Amputee
xiii.  Stroke
xiv.  Spinal cord injury
xv.  Other physical disability
With regard to classification of mental health patients, theMental Health Act (2001)contains the following definitions:
o  “Mental disorder refers to clinical condition in which a person manifests abnormal behaviour that does not meet the criteria for mental illness in this Act but the person is dangerous to himself or to other.
o  Mental illness means a condition which seriously impairs, either temporarily or permanently, the mental functioning of a person in one or more of the areas of thought, mood, volition, perception, orientation or memory and is characterized by the presence of at least one of the following symptoms:
a.  delusions;
b.  hallucinations;
c.  serious disorder of the content of thought;
d.  serious disorder of thought form;
e.  serious disturbance of mood; or
f.  sustained or repeated irrational behaviour which indicates the presence of at least one of those symptoms.” (Tonga 2001, sect. 3, [Interpretation])
4/ Commitment to International Instruments on Disability
Ratification or signatory of the Convention on the Rights of Persons with Disabilities (CRPD), and its Optional Protocol / Signed Convention on 15 November 20074
Ratification of ILO Convention 159 / No 5
Ratification or signatory of the Convention on Cluster Munitions / No6
Ratification or signatory of the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction / No7
5/Legal Framework
Constitutional provisions / No
Disability-specific laws
Comprehensive / Mental Health Act (2001)
Sectoral / Cover:access to built environments
Disability-inclusive laws / Cover:education;medical services;social welfare;immigration
6/Policy Framework
Disability-specific policies
Comprehensive / ..
Sectoral / ..
Disability-inclusive / Cover: strategic development plan; education
7/Institutional Framework
The national coordination mechanism or disability focal point / ..

Sources:

1.  United Nations Development Programme (2010).Human Development Report 2010(New York, UNDP).

2.  United Nations (2011).World Population Prospects: The 2010 Revision, accessed from http://esa.un.org/unpd/wpp/index.htm on 1 August 2011.

3.  Tonga (2006b).Tonga National Disability Identification Survey, accessed fromwww.spc.int/prism/Country/TO/stats/Releases-New/NDIS/NDIS_English.htm on 1 August 2011.

4.  United Nations (2011). “Convention and Optional Protocol Signatures and Ratifications”, on the United Nations Enable website, accessed from www.un.org/disabilities/countries.asp?navid=12&pid=166on 17 October 2011.

5.  International Labour Organization (2011). “Convention No. C 159”, accessed fromwww.ilo.org/ilolex/cgi-lex/ratifce.pl?C159on 17 October 2011.

6.  Convention on Cluster Munitions (CCM) (2008). “Ratifications and Signatures”, accessed from www.clusterconvention.org/ratifications-and-signatureson 17 October 2011.

7.  Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction (1997). “State Parties and Signatories”, accessed from www.unog.ch/80256EE600585943/(httpPages)/6E65F97C9D695724C12571C0003D09EF?OpenDocument on 17 October 2011.

Notes:

a.  According to theTonga Disability Identification Survey (2006b), this result should be considered as “a conservative estimate of the actual number of people with disabilities in Tonga” as “the survey did not include people with mild impairments”. Further, “[T]his is also due to the social stigma attached to having a disability in Tonga which prevented some people taking part in the survey.” (Tonga 2006b)

Comprehensive

1.Definitions

a) Disability

..

b) Persons with disabilities

Although Tonga has yet to establish an official definition for persons with disabilities, the term “disabled” appears in the1996 Censusdefined as those persons over the age of 15 and categorized as having no economic activity status (JICA 2002).

c) Categories of impairment

·  TheTonga National Disability Identification Survey (2006b)questionnaire used the following classification:

i.  Blind

ii.  Vision impaired

iii.  Deaf

iv.  Hearing impaired

v.  Deaf and blind

vi.  Speech/Language impaired

vii.  Epileptic

viii.  Intellectual disability/Autistic

ix.  Learning disability

x.  Mental illness

xi.  Psychosis

xii.  Amputee

xiii.  Stroke

xiv.  Spinal cord injury

xv.  Other physical disability

·  With regard to classification of mental health patients, theMental Health Act (2001)contains the following definitions:

o  “Mental disorder refers to clinical condition in which a person manifests abnormal behaviour that does not meet the criteria for mental illness in this Act but the person is dangerous to himself or to other.

o  Mental illness means a condition which seriously impairs, either temporarily or permanently, the mental functioning of a person in one or more of the areas of thought, mood, volition, perception, orientation or memory and is characterized by the presence of at least one of the following symptoms:

a.  delusions;

b.  hallucinations;

c.  serious disorder of the content of thought;

d.  serious disorder of thought form;

e.  serious disturbance of mood; or

f.  sustained or repeated irrational behaviour which indicates the presence of at least one of those symptoms.” (Tonga 2001, sect. 3, [Interpretation])

2.Legal framework

a) Constitutional provisions

..

b) Disability-specific laws and regulations

i. Comprehensive disability-specific laws and regulations

·  Mental Health Act, 2001 (amended in 2004)
[English] – [Tongan]

With the aim of regulating mental health and psychiatric care, the Mental Health Act (Tonga 2001) provides includes the following provisions:

1.  Defines and interprets “alcoholic”, “drug addict”, “mental disorder”, “mental handicapped” and “mental health”.

2.  Defines Minister powers.

3.  Appoints a Mental Health Advisory Committee (MHAC).

4.  Defines MHAC membership.

5.  Establishes mental health welfare officers.

6.  Establishes the right to remove persons with any intellectual disabilities.

7.  Protects mental health officers.

8.  Establishes compulsory hospital admission rules.

9.  Establishes an Observation Order.

10.  Establishes a Detention Order.

11.  Releases patients from detention.

12.  Establishes rules for compulsory admission of persons convicted of criminal offences.

13.  Establishes the power to make regulations.

14.  Establishes a system of repeal and savings.

ii. Sectoral disability-specific laws and regulations

·  Building Code Regulations, 2007
[English]–[Tongan]

The Building Code Regulations (Tonga 2007) make reference to the National Building Code which has a section concerning “Access for People with Disabilities”.

This section is based on New Zealand Building Standards 54. This National Building Code, however, has not yet been approved by the Tongan Government, so as it stands, there are no laws governing the standards or requirements of access to public buildings for people with disabilities in Tonga. The National Building Code, however, is currently being used as a guide by the Ministry of Works Building Standards Division; however, not all public buildings are being subject to the standards and regulations that have been set out (Tonga 2006b, p.54).

c) Disability-inclusive laws and regulations

·  Education Act, 1988 (amended in 2002)
[English]–[Tongan]

The Education Act (Tonga 1988) under Section 52 requires compulsory education between the ages of 6 and 13 inclusive for everyone living within 2 miles of a school unless other arrangements are made or the child is prevented from attending school by sickness or any other avoidable cause (Pacific Islands Forum Secretariat 2009).

·  Medical Services Act (CAP 76), 1929
[English] – [Tongan]

The Medical Services Act provides for “the regulation and management of government hospitals, dispensaries and public medical service.” (Tonga 1929)

Section 9 of the Act stipulates that “the primary object of the public medical service and of every hospital and dispensary is to provide accommodation and medical and surgical aid for all Tongan subjects without individual payment.” (Pacific Islands Forum Secretariat 2009)

·  Retirement Fund Act, 1992
[English] – [Tongan]

The Retirement Fund Act (Tonga 1992) includes benefits for total and permanent disability.

·  Immigration Act (CAP 62), 1988
[English] – [Tongan]

The Immigration Act (Tonga 1988) prohibits classes of immigrants including any person who is certified to be suffering from mental disorder or is a mental defective, and that his presence in the Kingdom would be a danger to the community. (Pacific Islands Forum Secretariat 2009)

3.Policies and plans

a) Disability-specific policies and plans

i. Comprehensive disability-specific policies and plans

..

ii. Sectoral disability-specific policies and plans

..

b) Disability-inclusive policies and plans

·  National Strategic Development Plan Eight 2006/07 – 2008/09
[English] – [Tongan]

The section on “Improving Equity and Reducing Hardship” of theNational Strategic Development Plan(Tonga 2006a) identifies “the disabled” as a target group.

·  Tonga National Inclusive Education Policy, 2007
[English] – [Tongan]

·  Tonga Education Strategic Planning
[English] – [Tongan]

Section 5 on Special Education is aimed “[F]or Tonga to have an educational system that ensures equal access to education and training for those children and adults with special learning needs.” (Tonga 2006a)

Proposed strategies include the following:

o  Conduct a baseline survey to ascertain the nature, number and extent of children with special needs (including those children currently attending schools, and those whose needs are too acute and who do not attend school).

o  Establish a central database with detailed information about those people (adults and children) who have special learning needs, having due regard to privacy considerations.

·  National Education for All (EFA) Plan
[English] – [Tongan]

TheNational Education for All Planincludes the following policy goals:

·  Expanding and improving comprehensive early childhood care and education, especially for the most vulnerable and disadvantaged children.

·  Ensuring that the learning needs of all young people and adults are met through equitable access to appropriate learning and life skills programmes.

·  Improving all aspects of the quality of education and ensuring excellence of all so that recognized and measurable learning outcomes are achieved by all, especially in literacy numeracy and essential life skills.

·  Ensuring that by the year 2015, all children particularly girls, children in difficult circumstances, and those belonging to ethnic minorities, have access to a completely free and compulsory primary education.

·  Achieving a 50 per cent improvement in levels of adult literacy by 2015, especially for women, and equitable access to basic and continuing education for all adults.

4.Institutional framework and Government focal point

There are no specific Government Ministries responsible for disability-related policies and administration. The Ministry of Health is responsible for matters related to mental health and psychiatric care.

The Ministry of Health can be contacted at the following:
Vaiola Hospital, Taufa’ahau Road, Tofoa, Nuku’alofa
PO Box 59, Nuku’alofa
Tel: +676 23200
Fax: +676 24291
Email:

5. Useful links

Naunau ‘o e ‘Alamaite Tonga Association Incorporated (NATA)

www.onefunky.com/nata

6. References

Japan International Cooperation Agency (JICA) (2002). “Country Profile on Disability, Kingdom of Tonga”, accessed from http://siteresources.worldbank.org/DISABILITY/Resources/Regions/East-Asia-Pacific/JICA_Tonga.pdfon 1 August 2011.
Pacific Islands Forum Secretariat (2009). “Tonga, Disability Country Profile”, accessed fromwww.forumsec.org/pages.cfm/sustainable-development/social-policy/disability/country-profiles/tonga-disability-country-profile.htmlon 4 October 2009.

Tonga (1929).Medical Services Act, accessed fromwww.paclii.org/to/legis/consol_act/tmsa1929183/on 1 August 2011.
______(1988). Education Act, accessed fromwww.paclii.org/to/legis/consol_act/ea104/on 1 August 2011.
______(1992). Retirement Fund Act, accessed fromwww.paclii.org/to/legis/num_act/rfa1998179/on 1 August 2011.
______(2001). Mental Health Act, accessed fromwww.paclii.org/to/legis/num_act/mha2001128/on 1 August 2011.
______(2006a).National Strategic Development Plan Eight 2006/07 – 2008/09, accessed from www.tonga-energy.to/?p=932 on 1 August 2011.
______(2006b).Tonga National Disability Identification Survey, accessed fromwww.spc.int/prism/Country/TO/stats/Releases-New/NDIS/NDIS_English.htmon 1 August 2011.

Last updated: 17 October 2011.