1. Discriminatory Nationality Laws
According to Tonga’s Legitimacy Act, a child born out of wedlock is deemed ‘illegitimate’ and their birth is registered as such. ‘Illegitimate’ children are unable to inherit land or title. If the child’s parents marry, the child’s birth must be re-registered as ‘legitimate’. This legislation is discriminatory, placing stigma on both the child and the parents as well as marginalizing the child.
2. Lack of Legal Safeguards Against Childhood Statelessness
There are no legal safeguards in the citizenship law of Tonga to provide citizenship to stateless or foundling children or children born to foreign and/or stateless parents.
3. Citizenship Stripping
Naturalized citizens of Tonga may be deprived of citizenship on very broad grounds (including defamation of the Royal family or any offense which involves dishonesty or fraud) without protection from statelessness. The King may also revoke certificates of naturalization if the person is convicted of terrorism, treason, sedition, or any sentence of 2 years or more of imprisonment as mentioned in Article 12(2) of the Act.
4. Administrative Barriers
While Tonga has notably high rates of birth registration at 98% in 2019, the Committee on the Rights of the Child has noted with concern the risk of children who are subject to customary adoptions and born to unmarried parents not gaining birth registration. Birth certificates are required for applying for naturalization.