Tonga

The Criminal Offences Act of Tonga outlaws same-sex sexual activity between men and between women, prescribing a maximum penalty of 10 years of imprisonment, although there is no evidence that the law has been enforced in recent years. The law also criminalizes “any male person who, whilst soliciting for an immoral purpose, in a public place with intent to deceive any other person as to his true sex, has on or about his person any article intended by him to represent that he is a female or in any other way impersonates or represents himself to be a female.”

There is no legal mechanism for gender recognition for transgender people, and intersex people do not enjoy specific legal recognition or protection. Traditionally, Tongan culture has been supportive of transgender people in the form of the fakaleiti, also known as the fakafefine, which literally means “like a lady.” The fakaleiti are people who were assigned male at birth whose dress and behavior align with feminine gender roles. However, the rise in conservatism and religious fanaticism has contributed to discrimination and stigma against the fakaleiti, despite their being an integral part of Tongan culture. 

The Tonga Leiti’s Association (TLA), established in 1992, is mainly focused and led by the fakaleiti community, focusing on advocacy, education, and community support. In 2021, Polikalepo Kefu, TLA’s president at the time and a prominent advocate for the community, was murdered, underscoring the risks faced by activists on the ground. A suspect was convicted and sentenced to life in prison. 

The Tongan Government requires all religious references on broadcast media to conform to mainstream Christian values, contributing to social stigma and the reluctance by many LGBTIQ people to live openly and proudly.