Country profile TON
Context
Context
| Year | Age group | Proportion | Gender | Indicator | Source |
|---|---|---|---|---|---|
| 2019 | 5-17 | 33 | Male | Proportion of children engaged in economic activity and household chores, by sex and age (%) | Source |
| 2019 | 5-17 | 18.6 | Female | Proportion of children engaged in economic activity and household chores, by sex and age (%) | Source |
| 2019 | 5-17 | 26.1 | Male & Female | Proportion of children engaged in economic activity and household chores, by sex and age (%) | Source |
| 2019 | 5-17 | 32.9 | Male | Proportion of children engaged in economic activity, by sex and age (%) | Source |
| 2019 | 5-17 | 18.5 | Female | Proportion of children engaged in economic activity, by sex and age (%) | Source |
| 2019 | 5-17 | 25.9 | Male & Female | Proportion of children engaged in economic activity, by sex and age (%) | Source |
National Legal Framework
National Legal Framework
| Provision | Legislation date | Convention | Legislation info | sources | Value | sort_order | Provision description | Legislation description |
|---|---|---|---|---|---|---|---|---|
| List of hazardous activities prohibited for children | N/A | C138 & C182 | N/A | [{"link_name":"N/A","source_link":"-"}] | No | 7 | C138 and C182 require the national determination of a list of hazardous work prohibited for children under 18 years of age. The competent authorities should consult with workers' and employers' organizations to determine what types of employment or work are considered to be hazardous. Such a list shall be periodically examined and revised as necessary. | A review of the Employment Relations Bill 2022, Labour and Employment legislation, and Criminal Offences Act reveals that Tonga has not yet published or adopted a formal list of hazardous activities prohibited for children under the age of 18. There is no national schedule or regulation identifying hazardous work as required by Conventions C138 and C182 |
| Minimum age for hazardous work | N/A | C138 & C182 | N/A | [{"link_name":"N/A","source_link":"-"}] | No | 6 | C138 and C182 set 18 as the minimum age for hazardous work, which is defined as work that, due to its nature or the circumstances in which it is carried out, is likely to jeopardize children’s health, safety or morals. C138 and C182 allow countries to permit hazardous work exceptionally as from 16, provided that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or training. | No legal provision was found in the Employment Relations Bill 2022, Criminal Offences Act, or Labour and Employment Relations legislative framework that clearly defines hazardous work or sets a minimum age of 18 years for such work. Tonga has not yet enacted specific legal protections regulating hazardous occupations for children. |
| Is the use, procuring or offering of children for illicit activities, in particular for the production and trafficking of drugs, prohibited? | N/A | C182 | N/A | [{"link_name":"Illicit Drugs Control Act 2003","source_link":"https://ago.gov.to/cms/images/LEGISLATION/PRINCIPAL/2003/2003-0007/IllicitDrugsControlAct_3.pdf"}] | No | 11 | C182 prohibits the use, procuring or offering of children for illicit activities in particular for the production and trafficking of drugs. | A review of the Illicit Drugs Control Act 2003, Criminal Offences Act, and Counter Terrorism and Transnational Organised Crime Act 2013 did not identify any provision specifically prohibiting the use, procuring, or offering of children for the production or trafficking of drugs. While the Illicit Drugs Control Act criminalises drug production and trafficking generally, it does not contain explicit prohibitions on involving minors in these activities. |
| Is the use, procuring or offering of a child for the purpose of prostitution and for production of pornography prohibited? | N/A | C182 | N/A | [{"link_name":"N/A","source_link":"-"}] | No | 10 | C182 prohibits the use of a child under the age of 18 for prostitution, regardless of the child's consent. The use, procuring or offering of any person under the age of 18 for commercial sexual exploitation constitutes a worst form of child labour, even if prostitution is a legalised. In regard to the prohibition of child pornography, States need to make sure that national legislation addresses the involvement of a child in the production of pornographic materials, including non-recorded performances. | There is no law in force in Tonga that specifically prohibits the use, procuring, or offering of a child under 18 for prostitution or pornography. |
| Is forced or compulsory recruitment of children under 18 for use in armed conflict prohibited? | 1992 | C182 | Tonga Defence Services Act 1992 - 25(2)–(3) | [{"link_name":"Tonga Defence Services Act 1992","source_link":"https://macbio-pacific.info/wp-content/uploads/2017/08/33-His-Majestys-Armed-Forces-Act1992_1.pdf"}] | Yes | 9 | C182 defines forced or compulsory recruitment of children under 18 for use in armed conflict as a worst form of child labour. Nevertheless, C182 only prohibits the forced or compulsory recruitment of children under 18, and does not cover the voluntary recruitment of children under 18. | According to Section 25(2)–(3) of the Tonga Defence Services Act 1992, voluntary enlistment is permitted only for individuals aged 16–17, and only with written parental (or guardian/magistrate) consent. There is no conscription (forced recruitment). This ensures that forced or compulsory enlistment of children under 18 is explicitly prohibited. |
| Is the sale and trafficking of children for sexual and labour exploitation prohibited? | 2013 | C182 | Counter Terrorism and Transnational Organised Crime Act 2013 - Section 69 | [{"link_name":"Counter Terrorism and Transnational Organised Crime Act 2013","source_link":"https://bwcimplementation.org/sites/default/files/resource/CounterTerrorismandTransnationalOrganisedCrimeAct_3.pdf"}] | Yes | 8 | C182 defines all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour as worst forms of child labour. | The Counter Terrorism and Transnational Organised Crime Act 2013 explicitly criminalises trafficking in children under Section 69. The provision prohibits the recruitment, transportation, transfer, harbouring, or receipt of a child for the purpose of exploitation. The Act also defines “exploitation” to include sexual exploitation, forced labour, slavery, and practices similar to slavery, ensuring both sexual and labour exploitation of children are prohibited. |
| Minimum age for admission to apprenticeship | N/A | C138 | N/A | [{"link_name":"N/A","source_link":"-"}] | No | 5 | C138 does not apply to work done in school for general, vocational or technical education or in training institutions or work done by children at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority. Such work must be an integral part of: (i) a course of education or training for which a school or training institution is primarily responsible; (ii) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (iii) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. | Tonga has not ratified Convention C138 and currently has no legislation in force setting a minimum age for apprenticeships or detailing the conditions under which young people may engage in training or apprenticeship. |
| Is the minimum age for admission to work not less than the age for completion of compulsory schooling? | N/A | C138 | N/A | [{"link_name":"Education Act","source_link":"https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/98654/TON98654.pdf"}] | No | 4 | C138 requires that the minimum age for admission to work shall not be less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years. | Tonga has not ratified Convention C138 and does not currently have legislation establishing a minimum age for employment. The Employment Relations Bill 2020, which proposes setting a minimum age of 15 for admission to work, has not yet been enacted. Under the Education Act 2013, education in Tonga is compulsory from age 4 to age 18. |
| Light work - Determination of types and conditions of activities | N/A | C138 | N/A | [{"link_name":"Employment Relations Bill 2020","source_link":"https://ago.gov.to/cms/images/LEGISLATION/BILLS/2020/2020-0003/EmploymentRelationsBill2020.pdf"}] | N/A | 3 | If the country chooses to allow light work, States must determine what activities are considered light work, and the hours and the circumstances under which they may be carried out. | No legislation in force defines which activities qualify as light work, nor sets hours or circumstances for children’s light work, since the Employment Relations Bill 2020 -which may address these provisions- is awaiting royal assent. |
| Minimum age for light work | N/A | C138 | N/A | [{"link_name":"Employment Relations Bill 2020","source_link":"https://ago.gov.to/cms/images/LEGISLATION/BILLS/2020/2020-0003/EmploymentRelationsBill2020.pdf"}] | N/A | 2 | C138 defines light work as work that does not interfere with children’s schooling, or their ability to benefit from it, and that is not hazardous. C138 allows countries to permit light work for children younger than the general minimum age. For countries that set the minimum age at 15, this means children aged 13-14, and for those that set it at 14, children aged 12-13 may engage in light work. | Despite the Employment Relations Bill 2020 -including a general minimum working age of 15 for non‑hazardous work- it has not been enacted, and there is no separate legal framework that addresses light or permissible work for children below that age. |
| Minimum age for admission to work | N/A | C138 | N/A | [{"link_name":"Employment Relations Bill","source_link":"https://ago.gov.to/cms/images/LEGISLATION/BILLS/2020/2020-0003/EmploymentRelationsBill2020.pdf"}] | No | 1 | C138 establishes 15 as the minimum age for work in general. Developing countries have the option of setting a minimum age of 14 as a transitional measure as they strengthen their education systems and economies. | Tonga has not ratified Convention C138. While the Employment Relations Bill, passed by Parliament in 2020, includes provisions to set the minimum age for admission to work at 15, it has not yet been enacted into law. As of now, there is no legislation in force establishing a minimum age for employment in Tonga. |
International Legal Framework
International Legal Framework
| Ratification status | Convention | Convention description | Date of ratification | Source |
|---|---|---|---|---|
| in-force | C182 | Worst Forms of Child Labour Convention, 1999 (No. 182) | 04-AUG-2020 | Source |
Policies and Plans
Policies and Plans
| Description | sources | Period | Policy name | Implementing agency |
|---|---|---|---|---|
| The National Action Plan aims to proactively prevent and combat all forms of trafficking, including supporting and protecting victims with a focus on the four main pillars encompassing prevention, protection, prosecution and partnership. | [{"link_name":"National Action Plan to Counter Trafficking in Person, to Counter Trafficking in Persons, and Protect Vulnerable Migrants","source_link":"https://roasiapacific.iom.int/news/tonga-launches-first-national-action-plan-combat-trafficking-persons-iom-support#:~:text=%E2%80%9CThe%20National%20Action%20Plan%20aims,protection%2C%20prosecution%20and%20partnership.%E2%80%9D"}] | 2023-2027 | National Action Plan to Counter Trafficking in Person, to Counter Trafficking in Persons, and Protect Vulnerable Migrants | Government of Tonga |