Constitution of the Republic of Nauru 1968


Citizenship and Nationality

A person who on the thirtieth day of January One thousand nine hundred and sixty-eight was included in one of the classes of persons who constituted the Nauruan Community within the meaning of the Nauruan Community Ordinance 1956-1966 of Nauru is a Nauruan citizen. (Art. 71)

Citizenship and Nationality

(1.) A person born on or after the thirty-first day of January One thousand nine hundred and sixty-eight is a Nauruan citizen if his parents were Nauruan citizens at the date of his birth.
(2.) A person born on or after the thirty-first day of January One thousand nine hundred and sixty-eight is a Nauruan citizen if he is born of a marriage between a Nauruan citizen and a Pacific Islander and neither parent has within seven days after the birth of that person exercised a right prescribed by law in the manner prescribed by law to determine that that person is not a Nauruan citizen. (Art. 72)

Citizenship and Nationality

A person born in Nauru on or after the thirty-first day of January One thousand nine hundred and sixty-eight is a Nauruan citizen if, at the date of his birth he would not, but for the provisions of this Article, have the nationality of any country. (Art. 73)

Citizenship and Nationality

A woman, not being a Nauruan citizen, who is married to a Nauruan citizen or has been married to a man who was, throughout the subsistence of the marriage, a Nauruan citizen, is entitled, upon making application in such manner as is prescribed by law, to become a Nauruan citizen. (Art. 74)

Citizenship and Nationality

(1.) Parliament may make provision for the acquisition of Nauruan citizenship by persons who are not otherwise eligible to become Nauruan citizens under the provisions of this Part.
(2.) Parliament may make provision for depriving a person of his Nauruan citizenship being a person who has acquired the nationality of another country otherwise than by marriage.
(3.) Parliament may make provision for depriving a person of his Nauruan citizenship being a person who is a Nauruan citizen otherwise than by reason of Article 71 or Article 72.
(4.) Parliament may make provision for the renunciation by a person of his Nauruan citizenship. (Art. 75)

Jurisdiction and Access

(1.) The Supreme Court shall, to the exclusion of any other court, have original jurisdiction to determine any question arising under or involving the interpretation or effect of any provision of this Constitution.
(2.) Without prejudice to any appellate jurisdiction of the Supreme Court, where in any proceedings before another court a question arises involving the interpretation or effect of any provision of this Constitution, the cause shall be removed into the Supreme Court, which shall determine that question and either dispose of the case or remit it to that other court to be disposed of in accordance with the determination. (Art. 54)

Jurisdiction and Access

The President or a Minister may, in accordance with the approval of the Cabinet, refer to the Supreme Court for its opinion any question concerning the interpretation or effect of any provision of this Constitution which has arisen or appears to the Cabinet likely to arise, and the Supreme Court shall pronounce in open court its opinion on the question. (Art. 55)

Equality and Non-Discrimination

Whereas every person in Nauru is entitled to the fundamental rights and freedoms of the individual, that is to say, has the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following freedoms, namely:-
(a) life, liberty, security of the person, the enjoyment of property and the protection of the law;
… (Art. 3)

Equality and Non-Discrimination

(5.) In this Constitution, unless the context otherwise requires-
(a) words importing the masculine gender shall be taken to include females;
… (Art. 81)

Obligations of the State

Whereas every person in Nauru is entitled to the fundamental rights and freedoms of the individual, that is to say, has the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following freedoms, namely:-
(a) life, liberty, security of the person, the enjoyment of property and the protection of the law;
(b) freedom of conscience, of expression and of peaceful assembly and association; and
(c) respect for his private and family life,
the subsequent provisions of this Part have effect for the purpose of affording protection to those rights and freedoms, subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of those rights and freedoms by a person does not prejudice the rights and freedoms of other persons or the public interest. (Art. 3)

Obligations of Private Parties

Whereas every person in Nauru is entitled to the fundamental rights and freedoms of the individual, that is to say, has the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following freedoms, namely:-
(a) life, liberty, security of the person, the enjoyment of property and the protection of the law;
(b) freedom of conscience, of expression and of peaceful assembly and association; and
(c) respect for his private and family life,
the subsequent provisions of this Part have effect for the purpose of affording protection to those rights and freedoms, subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of those rights and freedoms by a person does not prejudice the rights and freedoms of other persons or the public interest. (Art. 3)

Judicial Protection

(1.) A right or freedom conferred by this Part is enforceable by the Supreme Court at the suit of a person having an interest in the enforcement of that right or freedom.
(2.) The Supreme Court may make all such orders and declarations as are necessary and appropriate for the purposes of clause (1.) of this Article. (Art. 14)

Limitations and/or Derogations

Whereas every person in Nauru is entitled to the fundamental rights and freedoms of the individual, that is to say, has the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following freedoms, namely:-
(a) life, liberty, security of the person, the enjoyment of property and the protection of the law;
(b) freedom of conscience, of expression and of peaceful assembly and association; and
(c) respect for his private and family life,
the subsequent provisions of this Part2 have effect for the purpose of affording protection to those rights and freedoms, subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of those rights and freedoms by a person does not prejudice the rights and freedoms of other persons or the public interest. (Art. 3)

Limitations and/or Derogations

(1.) During the period during which a declaration of emergency is in force, the President may make such orders as appear to him to be reasonably required for securing public safety, maintaining public order or safeguarding the interests or maintaining the welfare of the community.
(2.) An order made by the President under clause (1.) of this Article 30:
(a) has effect notwithstanding anything in Part II3 of this Constitution or in Article 94;
(b) is not invalid in whole or in part by reason only that it provides for any matter for which provision is made under any law or because of inconsistency with any law; and
(c) lapses when the declaration of emergency lapses unless in the meantime the order is revoked by a resolution of Parliament approved by a majority of the members of Parliament present and voting.
(3.) The revocation or lapsing of an order made by the President under clause (1.) of this Article does not affect the previous operation of that order, the validity of anything done or omitted to be done under it or any offence committed or penalty or punishment incurred. (Art. 78)

Marriage and Family Life

Whereas every person in Nauru is entitled to the fundamental rights and freedoms of the individual, that is to say, has the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following freedoms, namely:-

(c) respect for his private and family life,
… (Art. 3)

Political Rights and Association

Whereas every person in Nauru is entitled to the fundamental rights and freedoms of the individual, that is to say, has the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following freedoms, namely:-

(b) freedom of conscience, of expression and of peaceful assembly and association;
… (Art. 3)

Political Rights and Association

(1.) Persons have the right to assemble and associate peaceably and to form or belong to trade unions or other associations.
… (Art. 13)

Political Rights and Association

Members of Parliament shall be elected in such manner as is prescribed by law, by Nauruan citizens who have attained the age of twenty years. (Art. 29)

Head of State

(1.) There shall be a President of Nauru, who shall be elected by Parliament.
(2.) A person is not qualified to be elected President unless he is a member of Parliament.
… (Art. 16)

Government

(1.) The executive authority of Nauru is vested in a Cabinet constituted as provided by this Part and the Cabinet has the general direction and control of the government of Nauru.
… (Art. 17)

Government

(1.) The Cabinet consists of the President and the Ministers appointed under Article 19.
… (Art. 18)

Government

(1.) Whenever a President is elected, he shall as soon as practicable appoint four or five members of Parliament to be Ministers of the Cabinet.
… (Art. 19)

Legislature

There shall be a Parliament of Nauru. (Art. 26)

Legislature

(1.) Parliament shall consist of eighteen members or such greater number as is prescribed by law.
(2.) For the purpose of the election of members of Parliament, Nauru shall be divided into constituencies.
(3.) Unless otherwise prescribed by law, the constituencies and the number of members of Parliament to be returned by each of the constituencies are those described in the Second Schedule.
… (Art. 28)

Legislature

A person is qualified to be elected a member of Parliament if, and is not so qualified unless, he-
(a) is a Nauruan citizen and has attained the age of twenty years; and
(b) is not disqualified under this Constitution. (Art. 30)

Property, Inheritance and Land Tenure

Whereas every person in Nauru is entitled to the fundamental rights and freedoms of the individual, that is to say, has the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following freedoms, namely:-
(a) life, liberty, security of the person, the enjoyment of property and the protection of the law;
… (Art. 3)

Protection from Violence

Whereas every person in Nauru is entitled to the fundamental rights and freedoms of the individual, that is to say, has the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following freedoms, namely:-
(a) life, liberty, security of the person, the enjoyment of property and the protection of the law;
… (Art. 3)

Protection from Violence

(1.) No person shall be required to perform forced labour.
… (Art. 6)

Protection from Violence

No person shall be subjected to torture or to treatment or punishment that is inhuman or degrading. (Art. 7)

Status of the Constitution

(1.) This Constitution is the supreme law of Nauru.
(2.) A law inconsistent with this Constitution is, to the extent of the inconsistency, void. (Art. 2)

Status of the Constitution

(1.) A law in force in Nauru immediately before Independence Day continues in force, subject to this Constitution and to any amendment of that law made by a law enacted under this Constitution or by order under clause (6.) of this Article, until repealed by a law enacted under this Constitution.
… (Art. 85)

Citizenship and Nationality

English

A person who on the thirtieth day of January One thousand nine hundred and sixty-eight was included in one of the classes of persons who constituted the Nauruan Community within the meaning of the Nauruan Community Ordinance 1956-1966 of Nauru is a Nauruan citizen. (Art. 71)

Citizenship and Nationality

English

(1.) A person born on or after the thirty-first day of January One thousand nine hundred and sixty-eight is a Nauruan citizen if his parents were Nauruan citizens at the date of his birth.
(2.) A person born on or after the thirty-first day of January One thousand nine hundred and sixty-eight is a Nauruan citizen if he is born of a marriage between a Nauruan citizen and a Pacific Islander and neither parent has within seven days after the birth of that person exercised a right prescribed by law in the manner prescribed by law to determine that that person is not a Nauruan citizen. (Art. 72)

Citizenship and Nationality

English

A person born in Nauru on or after the thirty-first day of January One thousand nine hundred and sixty-eight is a Nauruan citizen if, at the date of his birth he would not, but for the provisions of this Article, have the nationality of any country. (Art. 73)

Citizenship and Nationality

English

A woman, not being a Nauruan citizen, who is married to a Nauruan citizen or has been married to a man who was, throughout the subsistence of the marriage, a Nauruan citizen, is entitled, upon making application in such manner as is prescribed by law, to become a Nauruan citizen. (Art. 74)

Citizenship and Nationality

English

(1.) Parliament may make provision for the acquisition of Nauruan citizenship by persons who are not otherwise eligible to become Nauruan citizens under the provisions of this Part.
(2.) Parliament may make provision for depriving a person of his Nauruan citizenship being a person who has acquired the nationality of another country otherwise than by marriage.
(3.) Parliament may make provision for depriving a person of his Nauruan citizenship being a person who is a Nauruan citizen otherwise than by reason of Article 71 or Article 72.
(4.) Parliament may make provision for the renunciation by a person of his Nauruan citizenship. (Art. 75)

Jurisdiction and Access

English

(1.) The Supreme Court shall, to the exclusion of any other court, have original jurisdiction to determine any question arising under or involving the interpretation or effect of any provision of this Constitution.
(2.) Without prejudice to any appellate jurisdiction of the Supreme Court, where in any proceedings before another court a question arises involving the interpretation or effect of any provision of this Constitution, the cause shall be removed into the Supreme Court, which shall determine that question and either dispose of the case or remit it to that other court to be disposed of in accordance with the determination. (Art. 54)

Jurisdiction and Access

English

The President or a Minister may, in accordance with the approval of the Cabinet, refer to the Supreme Court for its opinion any question concerning the interpretation or effect of any provision of this Constitution which has arisen or appears to the Cabinet likely to arise, and the Supreme Court shall pronounce in open court its opinion on the question. (Art. 55)

Equality and Non-Discrimination

English

Whereas every person in Nauru is entitled to the fundamental rights and freedoms of the individual, that is to say, has the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following freedoms, namely:-
(a) life, liberty, security of the person, the enjoyment of property and the protection of the law;
… (Art. 3)

Equality and Non-Discrimination

English

(5.) In this Constitution, unless the context otherwise requires-
(a) words importing the masculine gender shall be taken to include females;
… (Art. 81)

Obligations of the State

English

Whereas every person in Nauru is entitled to the fundamental rights and freedoms of the individual, that is to say, has the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following freedoms, namely:-
(a) life, liberty, security of the person, the enjoyment of property and the protection of the law;
(b) freedom of conscience, of expression and of peaceful assembly and association; and
(c) respect for his private and family life,
the subsequent provisions of this Part have effect for the purpose of affording protection to those rights and freedoms, subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of those rights and freedoms by a person does not prejudice the rights and freedoms of other persons or the public interest. (Art. 3)

Obligations of Private Parties

English

Whereas every person in Nauru is entitled to the fundamental rights and freedoms of the individual, that is to say, has the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following freedoms, namely:-
(a) life, liberty, security of the person, the enjoyment of property and the protection of the law;
(b) freedom of conscience, of expression and of peaceful assembly and association; and
(c) respect for his private and family life,
the subsequent provisions of this Part have effect for the purpose of affording protection to those rights and freedoms, subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of those rights and freedoms by a person does not prejudice the rights and freedoms of other persons or the public interest. (Art. 3)

Judicial Protection

English

(1.) A right or freedom conferred by this Part is enforceable by the Supreme Court at the suit of a person having an interest in the enforcement of that right or freedom.
(2.) The Supreme Court may make all such orders and declarations as are necessary and appropriate for the purposes of clause (1.) of this Article. (Art. 14)

Limitations and/or Derogations

English

Whereas every person in Nauru is entitled to the fundamental rights and freedoms of the individual, that is to say, has the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following freedoms, namely:-
(a) life, liberty, security of the person, the enjoyment of property and the protection of the law;
(b) freedom of conscience, of expression and of peaceful assembly and association; and
(c) respect for his private and family life,
the subsequent provisions of this Part2 have effect for the purpose of affording protection to those rights and freedoms, subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of those rights and freedoms by a person does not prejudice the rights and freedoms of other persons or the public interest. (Art. 3)

Limitations and/or Derogations

English

(1.) During the period during which a declaration of emergency is in force, the President may make such orders as appear to him to be reasonably required for securing public safety, maintaining public order or safeguarding the interests or maintaining the welfare of the community.
(2.) An order made by the President under clause (1.) of this Article 30:
(a) has effect notwithstanding anything in Part II3 of this Constitution or in Article 94;
(b) is not invalid in whole or in part by reason only that it provides for any matter for which provision is made under any law or because of inconsistency with any law; and
(c) lapses when the declaration of emergency lapses unless in the meantime the order is revoked by a resolution of Parliament approved by a majority of the members of Parliament present and voting.
(3.) The revocation or lapsing of an order made by the President under clause (1.) of this Article does not affect the previous operation of that order, the validity of anything done or omitted to be done under it or any offence committed or penalty or punishment incurred. (Art. 78)

Marriage and Family Life

English

Whereas every person in Nauru is entitled to the fundamental rights and freedoms of the individual, that is to say, has the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following freedoms, namely:-

(c) respect for his private and family life,
… (Art. 3)

Political Rights and Association

English

Whereas every person in Nauru is entitled to the fundamental rights and freedoms of the individual, that is to say, has the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following freedoms, namely:-

(b) freedom of conscience, of expression and of peaceful assembly and association;
… (Art. 3)

Political Rights and Association

English

(1.) Persons have the right to assemble and associate peaceably and to form or belong to trade unions or other associations.
… (Art. 13)

Political Rights and Association

English

Members of Parliament shall be elected in such manner as is prescribed by law, by Nauruan citizens who have attained the age of twenty years. (Art. 29)

Head of State

English

(1.) There shall be a President of Nauru, who shall be elected by Parliament.
(2.) A person is not qualified to be elected President unless he is a member of Parliament.
… (Art. 16)

Government

English

(1.) The executive authority of Nauru is vested in a Cabinet constituted as provided by this Part and the Cabinet has the general direction and control of the government of Nauru.
… (Art. 17)

Government

English

(1.) The Cabinet consists of the President and the Ministers appointed under Article 19.
… (Art. 18)

Government

English

(1.) Whenever a President is elected, he shall as soon as practicable appoint four or five members of Parliament to be Ministers of the Cabinet.
… (Art. 19)

Legislature

English

There shall be a Parliament of Nauru. (Art. 26)

Legislature

English

(1.) Parliament shall consist of eighteen members or such greater number as is prescribed by law.
(2.) For the purpose of the election of members of Parliament, Nauru shall be divided into constituencies.
(3.) Unless otherwise prescribed by law, the constituencies and the number of members of Parliament to be returned by each of the constituencies are those described in the Second Schedule.
… (Art. 28)

Legislature

English

A person is qualified to be elected a member of Parliament if, and is not so qualified unless, he-
(a) is a Nauruan citizen and has attained the age of twenty years; and
(b) is not disqualified under this Constitution. (Art. 30)

Property, Inheritance and Land Tenure

English

Whereas every person in Nauru is entitled to the fundamental rights and freedoms of the individual, that is to say, has the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following freedoms, namely:-
(a) life, liberty, security of the person, the enjoyment of property and the protection of the law;
… (Art. 3)

Protection from Violence

English

Whereas every person in Nauru is entitled to the fundamental rights and freedoms of the individual, that is to say, has the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following freedoms, namely:-
(a) life, liberty, security of the person, the enjoyment of property and the protection of the law;
… (Art. 3)

Protection from Violence

English

(1.) No person shall be required to perform forced labour.
… (Art. 6)

Protection from Violence

English

No person shall be subjected to torture or to treatment or punishment that is inhuman or degrading. (Art. 7)

Status of the Constitution

English

(1.) This Constitution is the supreme law of Nauru.
(2.) A law inconsistent with this Constitution is, to the extent of the inconsistency, void. (Art. 2)

Status of the Constitution

English

(1.) A law in force in Nauru immediately before Independence Day continues in force, subject to this Constitution and to any amendment of that law made by a law enacted under this Constitution or by order under clause (6.) of this Article, until repealed by a law enacted under this Constitution.
… (Art. 85)

1

Constitution of Nauru 1968 (English). A constitutional review process is pending in Nauru. Refer to Constitutional Review Project (English) for details. The proposed constitutional amendments are as follows: Constitutional review process: proposed amendements (English). UN Women will revise the country sheet once this review process is approved by the government.
Links to all sites last visited 2 March 2016

2

Part II on Protection of Fundamental Rights and Freedoms. 

3

Part II on Protection of Fundamental Rights and Freedoms.