Author: Vake Blake

Background

The Electoral Commission was established as part of Tonga’s political reform by the Electoral Commission Act of 2010. It marks the first commission to be established in the kingdom to supervise general elections and to ensure that such activities are implemented in a free and fair environment. The commission was also authorized to organize and conduct local elections, and assisted on other elections as well.

In recent years, all electoral matters have been administered and managed by the Office of the Prime Minister. That responsibility has now been taken over by the Electoral Commission and in the exercise of its functions and duties, the commission shall be independent.

The Tonga Electoral Commission Office serves the people of Tonga, which has a voting population of roughly 42,000 out of a total population of just over 100,000.

Legislative Framework

The following acts and regulations provide the legal frameworks for most of the activities carried out by the commission: the Act of Constitution of Tonga, the Electoral Act, the Electoral Regulations, the Electoral Commission Act, the Legislative Assembly Act, District and Town Officers Act, the District and Town Officers (Election) Regulations, the National Retirement Benefit Scheme Act and the National Retirement Benefits Scheme (Election) Regulations.

The Electoral Commission, with the approval of the cabinet, may make regulations that are necessary or expedient for carrying out the purposes of the Electoral Act, and in particular:

1. to provide for all electoral officers to take an oath of office, and the form thereof;
2. to provide the procedure to be followed by any civil servant who wants to stand as a candidate at an election;
3. to provide rules for compiling and keeping the roll;
4. concerning the functions of various electoral officers before, during and after polling day;
5. to provide for the manner in which the ballot box shall be kept and ballot papers kept and disposed of after the election;
6. to provide for voters who are blind or who, because of some physical handicap, require special assistance at a polling station;
7. to regulate election advertising and electioneering; and
8. to provide for the use of a national identity card to assist in the identification of electors and applicants for registration.

Powers and Functions

The Electoral Commission is responsible for the general administration and management of national elections. Its primary function is to provide a free, fair and credible electoral process that is consistent with its desired mission to:

• ensure that electoral procedures are in compliance with relevant existing legislation;
• continually review and revise existing legislation and policies to suit the changing needs of society; and
• disseminate relevant electoral information to the voting public through suitable voter education programmes.

The principal roles of the commission as set out in the Electoral Commission Act of 2010 are:

• to undertake long-term planning for the proper conduct of elections and the establishment and maintenance of proper records and rolls;
• under the powers granted to it in the Electoral Act, to determine appeals, challenges and any other disputes;
• to consider the need for regulations and other rules for the proper and efficient conduct of elections and related activities;
• as authorized by law, to make and amend regulations and keep them under review;
• to recommend prosecution for election offences;
• to devise, undertake and review programmes of education for voters, candidates and others involved in elections;
• to compile and make reports on elections and related matters, and recommend changes to the law and procedures to improve the electoral system;
• to publish for general information such data and reports on elections as the commission sees fit;
• within three months after any general election, to report to the cabinet on any changes that it recommends implementing before the next general election;
• for the purpose of promoting fairness and equal opportunities for all candidates and to prevent abuses, to regulate the use of radio, television, newspapers, Internet and other political notices, reports, appeals and advertising during the election period;
• to regulate and monitor electoral expenditure by candidates in accordance with section 24 of the Electoral Act;
• to perform any of the functions that are specified for it in the Electoral Act or any other act.

Composition and Appointment

In accordance with Section 4 of the Electoral Commission Act of 2010, members of the commission shall consist of the following:

1. a person appointed by the king for a term of five years, who will be the chairman;
2. the supervisor of elections; and
3. a person appointed by the king.

Under the direction of the chairman, the daily operation of the commission is supervised by the electoral commissioner and supervisor of elections, and supported by the staff of the chief returning officer and assistant supervisor of elections, a senior returning officer, a computer operator grade III and a driver. 

Financing

Funding for the commission consists of:

• money allocated by the Legislative Assembly;

• money paid to it (or for it) by an external agency or government for general purposes, for a specific purpose, or for the remuneration and benefit of specialists.

EMB Accountability

Under Section 14 of the Electoral Commission Act of 2010, ‘the Commission shall report to His Majesty the King and the Speaker of the Legislative Assembly on its activities for each calendar year by 30 March in the next year and upon the conduct of any general election and on matters arising from such experience, within 3 months of the general election’.

Responsibilities for Electoral Justice

Some of the commission’s responsibilities related to electoral justice have been mentioned under its functions. Furthermore, where there is an election petition, ‘the member whose election or result is complained of shall be the respondent to the petition, and if the petition complains of the conduct of any official the Chairman of the Electoral Commission shall also be a respondent’ (Electoral Act of 2010, section 26(2)).

Professionalism of Electoral Officers

Tonga is an active member of the Pacific Islands, Australia, New Zealand Electoral Administrators Network (PIANZEA), of which the Australian Electoral Commission is the secretariat. The staff members of Tonga’s electoral commission have participated in BRIDGE training courses.

The Commonwealth electoral network has also established a programme for junior electoral professionals to provide training for young staff of its EMBs; Tonga has taken part in this programme. These programmes and trainings have benefited individual staff in terms of upgrading their performances and skills, as well as the EMB as a whole.

Media Relations

For a small island state with smaller scattered islands, the media is an important tool for disseminating electoral information. It provides platforms for effective campaigning during electoral periods. The Electoral Act specifies a period of silence 24 hours before the start of the poll; it is illegal to make any direct or indirect reference to the poll by means of any loudspeaker or public address apparatus or cinematograph or television, video or radio apparatus.

Relationship with Other Institutions and Agencies

The commission has established closer relationships with various stakeholders such as churches, civil society organizations, local and international media outlets, government ministries, donors and private sectors in terms of voter registration, civic education, training of candidates and polling officials, and many other activities. This active participation, assistance, greater awareness and support resulted in a voter turnout of around 90 per cent in the 2010 election

Sustainability of EMBs

There is continuous support from Australia and New Zealand to the commission in the form of funding and technical expertise whenever needed. The national government also provides assistance.

Ability to Acquire and Manage New Technologies

The commission officially launched its new website in 2012. It was designed to provide as much information as possible on electoral matters in both English and Tongan languages.

The commission hopes that the website will serve as a window into the election process in Tonga, and allow visitors to access information on constituency allocations, candidate guidelines, polling station venues, voter registration, nomination processes, voting procedures as well as relevant legislation regarding the work of the commission. The website received over 31,000 hits from all over the world in the first month of its existence, and the use continues to rise.

Electoral Reform Management

As stated under the roles and functions of the commission and legal framework, ‘the Electoral Commission with the approval of Cabinet may make regulations which are necessary or expedient for carrying out the purposes of the Electoral Act’. The commission will also respond to any request/requirements from the Supreme Court whenever needed. However, it often seeks the legal opinions of the Crown Law Department to clarify any issues or legislation.

Opportunities and Constraints

The commission is currently developing a comprehensive operating manual for the tasks it conducts and is responsible for. While the existing staff are very experienced and have a well-rounded set of skills in the areas required, any loss of staff would significantly affect its ability to function.

The commission is relatively new and has been focused on creating the roll of electors and the election. As a consequence, no long-term planning has been undertaken. It needs to create a more structured planning regime, together with work plans for major events such as legislative assembly elections, roll management, and stimulus programme and public education initiatives. This may include an annual operational plan, risk management plan, by-election plan, and staff development and training plans.