Former Tongan government legal advisor backs King's move to control diplomacy
Photo:
AFP
A former chief legal advisor to the Tongan government has weighed in on a
recent bill passed
by Tonga's parliament that gives the King direct control over foreign affairs.
On 5 August, the Tongan Legislative Assembly passed a law to transfer oversight of the Ministry of Foreign Affairs - now known as His Majesty's Diplomatic Service - to the Palace Office.
King Tupou VI has never made any secret of his desire to maintain authority over the Ministry of Foreign Affairs. His son, Crown Prince Tupouto'a 'Ulukalala, is currently serves as Foreign Affairs Minister.
The move has
upset democracy
advocates, while royal supporter that the decision
should not be questioned
.
Aminiasi Kefu, former solicitor-general and acting attorney-general of Tonga, told
Pacific Waves
that the change brings "certainty".
Kefu is now based in New Zealand and works as a senior prosecutor at the Manukau Crown Prosecutor's Office.
He said Tonga's Ministry of Foreign Affairs has been operating in a "gray area", even before the 2010 democratic reform.
"I say that because Ministry of Foreign Affairs had always had a foot under the two main constitutional authorities in Tonga: under the King and also under the Prime Minister," he said.
"Even before the 2010 reforms, His Majesty appointed the Minister of Foreign Affairs, Prime Minister and Cabinet, and the Minister of Foreign Affairs was responsible to His Majesty directly through Cabinet and also Privy Council.
"At the same time the administrative head of foreign affairs was still appointed under the Prime Minister's Office, under the public service regulations for appointing heads of of departments. Still, the appointment of that head of department was still under the consultation of His Majesty."
Asked if the recent move is an undoing of the move toward more democracy, Kefu said it would appear that is the case "to some extent". However, he said the decision makes it clearer where foreign affairs stands.
"When we had the reforms in 2010, the two fundamental areas that were not to be part of the reform was the King's prerogative powers and land.
"When we had the reforms, the King's royal prerogative powers regarding foreign affairs were not changed. They still remain the same and hence why Foreign Affairs had been operating in a gray area because the constitutional powers of the King regarding foreign affairs was still there, whereas the administrative powers regarding foreign affairs would move to the Prime Minister's Office.
Kefu said this resulted created confusion over who actually controlled foreign affairs.
He explained that every prime minister since 2010 has faced this issue, as the King retains constitutional authority over foreign affairs, while the Prime Minister has administrative powers.
He said the new legislation clarifies the situation.
"Technically, it's not totally out of government, because under the new legislation there's still going to be a minister for His Majesty's Diplomatic Services. Under the current constitution, a Cabinet Minister is appointed by the Prime Minister. Obviously, it's an area where His Majesty is involved [and] there will be consultation.
Aminiasi Kefu
Photo:
"There's now more clarity on where the actual powers are and who's directing the diplomatic services."
Kefu said there has been a disconnect between the Palace Office and the Prime Minister's Office, and the issue demonstrates the the tension between the constitutional legal and framework since 2010.
"[The] current King has seen it his way forward to try to fix that problem. To be frank neither party accepted the situation or understood the dynamics under the constitutional reforms."
When asked what could be expected in terms of performance of His Majesty's Diplomatic Services - and if the move could lead to past issues such as the
controversial sale of illegal passports
- Kefu dismissed such concerns as "unrealistic".
"We've learned through that phase. There's still going to be that accountability and checks and balances because it will be a Privy Council with the King at the head of the Diplomatic Services. They still be subject to the laws of the land.
He added that the connection with Cabinet will ensure that foreign affairs is strong, particularly with their finances, reporting and staffing of that new body.
"I think there'll be more fluidity, certainty [and] clarity on how they operate [and] where they stand."
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