Child Labor and Forced Labor Reports
Tonga
Minimal Advancement – Efforts Made but Continued Practice that Delayed Advancement
In 2024, Tonga made minimal advancement in efforts to eliminate the worst forms of child labor. The government launched its Child Protection Mental Health Psychosocial Support Program to improve mental health and school attendance of children and adolescents affected by the Hunga-Tonga Hunga-Haʻapai eruption and tsunamis. However, despite new initiatives to prevent vulnerabilities, Tonga is assessed as having made only minimal advancement because the government lacks a functioning labor inspectorate for the enforcement of labor laws and regulations, including worksite and unannounced inspections. Labor inspections are a key tool for identifying child labor violations, and their absence leaves children more vulnerable to child labor. The country also lacks laws specifying a minimum age for work, defining hazardous forms of work for children under age 18, or prohibiting the use of children for the production and trafficking of drugs. Finally, the government has not established a mechanism to coordinate its efforts to address child labor.
| Children | Age | Percent and Population |
|---|---|---|
| Working | 5 to 14 | 46.8% (Unavailable) |
| Hazardous Work by Children | 15 to 17 | Unavailable |
| Attending School | 5 to 14 | 94.6% |
| Combining Work and School | 7 to 14 | 47.8% |
| Sector/Industry | Activity |
|---|---|
| Agriculture | Working in farming and fishing. |
| Services | Working in retail stores and markets. |
| Categorical Worst Forms of Child Labor‡ | Commercial sexual exploitation, sometimes as a result of human trafficking, and forced domestic work. Use in illicit activities, including in the trafficking of drugs. |
‡ Child labor understood as the worst forms of child labor per se under Article 3(a)–(c) of ILO C. 182.
Children at Higher Risk
Tonga has the third highest risk for natural disasters in the world due to a high frequency of cyclones, earthquakes, and oceanic flooding. These natural disasters can be devastating to children, disrupting access to schools and eliminating livelihoods, both of which increase a child’s vulnerability to child labor. Some children who are left unattended while their parents work abroad are also required to carry out domestic responsibilities previously conducted by adults, thereby increasing their vulnerability to child labor.
Barriers to Education Access
Children with physical disabilities face barriers in attending schools due to the limited accessibility of school facilities, including transportation infrastructure and school buildings. This results in lower attendance rates for children with disabilities compared to children without disabilities at all educational levels, thereby increasing their vulnerability to child labor.
| Standard | Age | Meets International Standards | Legislation |
|---|---|---|---|
| Minimum Age for Work | ✗ | ||
| Minimum Age for Hazardous Work | ✗ | ||
| Identification of Hazardous Occupations or Activities Prohibited for Children | ✗ | ||
| Prohibition of Slavery, Debt Bondage, and Forced Labor | ✗ | Sections 2, 69, and 70 of the Counter Terrorism and Transnational Organized Crime Act | |
| Prohibition of Child Trafficking | ✓ | Sections 2 and 68–70 of the Counter Terrorism and Transnational Organized Crime Act | |
| Prohibition of Commercial Sexual Exploitation of Children | ✗ | Sections 115A and 126 of the Criminal Offenses Act | |
| Prohibition of Using Children in Illicit Activities | ✗ | ||
| Minimum Age for Voluntary State Military Recruitment | 16 | ✗ | Section 25 of the Defense Services Act |
| Prohibition of Compulsory Recruitment of Children by (State) Military | N/A* | ||
| Prohibition of Military Recruitment by Non-state Armed Groups | ✗ | ||
| Compulsory Education Age | 18 | ✗ | Sections 98-100 and 104 of the Education Act 2013 |
| Free Public Education | ✗ | Sections 3, 95, and 98 of the Education Act 2013 |
* Country has no conscription
The Parliament has not established a minimum age for work or hazardous work, nor has it determined the types of hazardous work prohibited for children. In addition, although Article 70 of the Counter Terrorism and Transnational Organized Crime Act prohibits international trafficking, trafficking children within the borders of the Kingdom is not a criminal offense, and domestic slavery and practices similar to slavery, including forced labor and debt bondage, are not criminalized. The Criminal Offenses Act prohibits the procurement of women and girls under age 21 for commercial sexual exploitation, but it does not criminalize the procurement of boys for the same. In addition, the Act does not sufficiently prohibit commercial sexual exploitation, because the use of children ages 14 and older in the production of pornography is not criminally prohibited. There are no criminal prohibitions that specifically prohibit using children in illicit activities, particularly in the production and trafficking of drugs. There are also no criminal prohibitions against the recruitment of children by non-state armed groups. In addition, the Defense Services Act does not provide sufficient safeguards for the voluntariness of recruitment by the state military for children ages 16 and 17. Tonga has not established free public education because current legislation allows for fees to be charged to attend school, and those students who do not pay the fees may be refused admission to school, which greatly increases the risk of child labor. In addition, education is not compulsory for children who do not live within walking distance of a school, and children can be exempted from compulsory education if they are apprenticed or employed.
| Organization/Agency | Role & Activities |
|---|
| Ministry of Trade and Economic Development (MTED): Ensures that businesses have correct licenses. The Ministry lacks legal authority to conduct labor inspections; police are called to investigate suspected cases of the worst forms of child labor. In 2024, MTED received no complaints related to child labor. In addition, the government has yet to establish a referral mechanism between enforcement personnel and social services providers. |
| Tonga Police, Domestic Violence Unit, and Transnational Crime Unit: Enforce criminal laws related to the worst forms of child labor. Respond to forced child labor and human trafficking violations and allegations of commercial sexual exploitation. In 2024, the Police informally coordinated with NGOs to refer children to social services, including safe houses and counseling, though no formal referral mechanism exists. |
| Overview of Enforcement Efforts | 2024 |
|---|---|
| Has a Labor Inspectorate | No |
| Able to Assess Civil Penalties | N/A |
| Routinely Conducted Worksite Inspections | N/A |
| Unannounced Inspections Permitted | N/A |
| Has a Complaint Mechanism | Yes |
| Imposed Penalties for Child Labor Violations | N/A |
| Conducted Criminal Investigations for Worst Forms of Child Labor Crimes | No |
| Imposed Penalties for Worst Forms of Child Labor Crimes | N/A |
It is unknown how many labor inspectors conducted worksite inspections, or whether child labor violations were found. It is unknown whether investigations into suspected cases of the worst forms of child labor were conducted, prosecutions were initiated, or perpetrators were convicted.
Research found no evidence that Tonga established a mechanism to coordinate its efforts to address child labor.
| Policy | Description & Activities |
|---|
| Migration and Sustainable Development Policy: Protects vulnerable children at risk of human trafficking, provides support to survivors, and prosecutes perpetrators of human trafficking. Supports the advancement and protection of youth, especially children without a legal guardian and youth with disabilities. Promotes youth employment, supports youth vocational training, and expands youth programming. During the reporting period, the Overseas Employment Division of the Ministry of Internal Affairs implemented a Family Accompaniment Program that provided guidance and support for workers, reducing the risk of family breakdowns that can increase a child’s vulnerability to child labor. |
| National Action Plan to Combat Trafficking in Persons (NAP): Aims to prevent and combat all forms of human trafficking. During the reporting period, the Government of Tonga allocated $353,500 for the 5-year implementation of the NAP, including $1,500 towards human trafficking prevention efforts. However, NGOs reported that they did not receive any funding from the government towards trafficking care in 2024. The Pacific Regional Initiative and Support for More Effective Counter Trafficking in Persons (Pacific RISE-CTIP) and the Technical Working Group conducted training sessions for law enforcement, social services providers, and other government officials on victim identification and referral mechanisms. In addition, the government launched various public awareness initiatives that included media outreach and a community walk to educate the public on child trafficking risks. |
| Program | Description & Activities |
|---|
| Education Programs: Child Protection Mental Health Psychosocial Support Program‡* was launched in 2024 to improve mental health and school attendance of children and adolescents affected by the Hunga-Tonga Hunga-Haʻapai eruption and tsunamis by offering mental health and psychosocial support services in Tonga. In addition, the Tonga Safe and Resilient Schools Project‡ is aimed at enhancing the safety and resilience of selected education facilities more prone to natural disasters and establish a data-driven education management system. The project is implemented by various government ministries through a $15 million loan by the World Bank. In 2024, the project upgraded facilities in ’Atele, Kanokupolu and Teʻeiku, which benefitted 571 students. Lastly, the Future-Ready Children program‡ (Fakafuo ‘o e tangata maʻae kahaʻu) is intended to expand remote learning opportunities for students impacted by the volcanic eruptions and tsunami and supports the drafting of a child protection policy. In 2024, the program worked closely with Tonga National University to develop curriculum and launch an online course on child protection. |
| Pacific RISE-CTIP (2022-2027): Works with stakeholders from 13 government ministries and agencies, civil society, and the private sector to strengthen national policies and support locally led implementation of action plans that address prevention, protection, and prosecution against human trafficking. Works with the Ministry of Foreign Affairs’ Technical Working Group, comprising 13 government ministries and agencies, to ensure effective implementation, policy alignment, and victim support services. During the reporting period, Pacific RISE-CTIP conducted training sessions for frontline officials on victim identification and referral mechanisms. In addition, the program promoted public awareness of combating trafficking in persons, which included media outreach and a community walk. |
| National Multi-Dimensional Overlapping Deprivation Analysis:‡ Flexible methodology data collection tool intended to identify and address the needs of children in Tonga. Designed and launched through a partnership between UNICEF Pacific and Tonga’s Ministry of Internal Affairs. In 2024, the partnership held validation workshops attended by government officials, non-government partners, and international agencies to further refine the previous year’s findings and discuss potential policy implications. |
* Program was launched during the reporting period.
‡ Program is funded by the Government of Tonga.
† The government had other social programs that may have included the goal of eliminating or preventing child labor.
| Area | Suggested Action |
|---|---|
| Legal Framework | Ratify the UN Convention on the Rights of the Child Optional Protocol on the Sale of Children, Child Prostitution, and Child Pornography; and the Palermo Protocol on Trafficking in Persons. |
| Criminally prohibit slavery and practices similar to slavery, including forced labor and debt bondage, when the crime is committed domestically. | |
| Ensure that laws criminally prohibit domestic as well as international child trafficking. | |
| Criminally prohibit the use of children in illicit activities, including in the production and trafficking of drugs. | |
| Criminally prohibit the recruitment of children by non-state armed groups. | |
| Ensure that the law provides adequate safeguards for the voluntary recruitment of children ages 16 to 18 into the national armed forces. | |
| Criminally prohibit the use of children ages 14 and older in the production of pornography and criminally prohibit the procurement of boys for commercial sexual exploitation. | |
| Establish a minimum age for work of at least 15 years, and preferably up to the compulsory education age of 18. | |
| Establish age 18 as the minimum age for hazardous work and determine by national law or regulation the types of hazardous work prohibited for children, after consultation with employers’ and workers’ organizations. | |
| Establish by law free basic public education and compulsory education for all children, including those who do not live within walking distance of a school. | |
| Enforcement | Establish a functioning labor inspectorate with adequate funding and resources to ensure that labor inspectors conduct routine, targeted, and unannounced inspections; receive anti-trafficking training; and assess and collect civil penalties for child labor violations. |
| Establish a formal referral mechanism between enforcement personnel and social services providers to protect and rehabilitate children involved in child labor, including its worst forms. | |
| Publish information on criminal law enforcement efforts, including the number of investigations conducted into suspected cases of the worst forms of child labor, prosecutions initiated, and perpetrators convicted. | |
| Establish a digital tracking system for civil worst forms of child labor. | |
| Coordination | Establish a formal coordinating mechanism to address the worst forms of child labor and ensure that the coordinating body is active and able to carry out its intended mandate. |
| Government Policies | Establish a policy that addresses all child labor issues in the country, including child labor in agriculture, fishing, forced domestic work, and the commercial sexual exploitation of children. |
| Social Programs | Collect and publish data on the extent and nature of child labor, including its worst forms, to inform policies and programs. |
| Make education accessible for all children, including by updating school buildings and transportation infrastructure for students with disabilities. | |
| Implement programs to address all worst forms of child labor, including in commercial sexual exploitation, agriculture, fishing, forced domestic work, and drug trafficking. |