25 signatures reached
To: The Honourable Speaker of the Legislative Assembly of Tonga, The Prime Minister of Tonga, The Attorney General of Tonga, The Ministry of Internal Affairs.
Protect the National Flag of Tonga from Unauthorized Commercial Use
We, the undersigned, respectfully petition the Government of Tonga to strengthen the protection of our national flag from unauthorized commercial exploitation.
Why is this important?
The Flag of the Kingdom of Tonga is a sacred emblem of our nation’s identity, sovereignty, and unity. It embodies the sacrifices of our ancestors, the pride of our people, and the values enshrined in our Constitution.
While the Constitution and the Tonga Royal Arms and Flag Act (1962) protect the flag from alteration, there is currently no law preventing its use on commercial products without the consent of the Government of Tonga. As a result, the flag has been used by private companies, often overseas, for profit, without respect for cultural significance and without benefit to the people of Tonga.
Our Concerns
- Cultural integrity: The flag is being printed on merchandise that contradicts cultural beliefs and values such as footwear, some apparel, and novelty items, diminishing its dignity.
- Economic loss: Profits from these items often flow offshore, with no return to Tonga’s economy or people.
- Lack of legal recourse: Current laws do not cover the commercial exploitation of the national flag.
We call on the Government of Tonga to:
- Amend the Copyright Act 2002 to include explicit protection for the national flag, prohibiting its use for commercial purposes without prior government consent.
- Amend the Tonga Royal Arms and Flag Act (1962) to extend similar protections to the national flag as are afforded to the Royal Ensign and Coat of Arms.
- Establish a licensing and approval process for any commercial use of the flag, ensuring such use aligns with cultural values and national interests.
- Introduce enforcement mechanisms and appropriate penalties for unauthorized commercial use, both domestically and internationally, where possible.
- Launch a public awareness campaign to educate businesses and the public about the proper and respectful use of the national flag.
International Precedents
Other nations have successfully implemented legal protections for their flags and culturally significant symbols, including:
- Australia: Copyright protection and licensing for the Aboriginal flag.
- Canada: Prohibits commercial use of the national flag without consent.
- South Africa: Trademark protection of the flag’s design. WIPO (SA), Gov.Za, fiav.org
Tonga can adopt a similar approach to safeguard our national symbol.
The Tongan flag is a national symbol of indigeneity and sovereignty of identity. This is not a logo for sale; it is a living symbol of our heritage, sovereignty, and shared future. We, the undersigned, urge the Government of Tonga to act decisively to protect it for generations to come.