The constitution provides for freedom of religious practice, freedom of worship, and freedom of assembly for religious services, provided these freedoms are not used “to commit evil and licentious acts” or “do what is contrary to the law and peace of the land.” The constitution prohibits commercial transactions on the Sabbath, except according to law that provides some exceptions for the tourism industry. The government views Sunday as the Sabbath.
The law does not require registration of religious groups. Any group of individuals may gather together, worship, and practice their faith without informing the government or seeking its permission. A religious group, however, must register to be eligible for specific benefits such as recognition of clergy as marriage officers, tax exemptions on nonbusiness income, and importation of goods for religious purposes, fundraising, and protection of a denomination’s name. Registration for religious groups requires an application to the Ministry of Commerce, Trade, Innovation, and Labor, accompanied by certified copies of the group’s rules and constitution, a declaration detailing any other trust in which the applicant holds assets, a witness’ signature, and a 115 Tonga pa’anga ($54) application fee. It is a legal requirement that if a group elects to register with the Ministry of Commerce, Trade, Innovation, and Labor it must also register with the Ministry of Revenue and Customs as a nonprofit organization. There are no additional requirements to register with Ministry of Revenue and Customs once a group is registered as a separate legal entity with Ministry of Commerce, Trade, Innovation, and Labor.
Religious groups may operate schools, and a number do so. In public schools, the government allows religious groups to offer an hour-long program of religious education with students once per week but does not require schools to do so. In public schools where religious education is provided, students are required to attend the program led by the representative of their respective denomination. Students whose faith did not send a representative are required to take a study period in the library during the hour devoted to religious education.
The country is not a party to the International Covenant on Civil and Political Rights.