Constitution of Tuvalu 1986, as amended to 2010


Citizenship and Nationality

Every person who, immediately before the date on which this Constitution took effect, was a citizen of Tuvalu by virtue of —
(a) Chapter III (Citizenship) of the Independence Constitution; or
(b) the Citizenship Ordinance 1979, is as at that date a citizen of Tuvalu for the purposes of this Constitution. (Sec. 44)

Citizenship and Nationality

(1) Subject to subsections (3) and (4), a person born in Tuvalu on or after the date on which this Constitution took effect is a citizen of Tuvalu by birth.
(2) A person born outside Tuvalu on or after the date on which this Constitution took effect is a citizen of Tuvalu by birth if on the date of his birth either of his parents is, or would but for his death have been, a citizen of Tuvalu.
(3) Subject to subsection (5), a person does not become a citizen of Tuvalu by virtue of subsection (1) if at the time of his birth -
(a) neither of his parents was a citizen of Tuvalu; and
(b) his father had the privileges and immunities of an envoy to Tuvalu from a country with which Tuvalu had diplomatic relations.
(4) Subject to subsection (5), a person does not become a citizen of Tuvalu by virtue of subsection (1) if at the time of his birth—
(a) his father was a citizen of a country with which Tuvalu was at war; and
(b) the birth occurred in a place in Tuvalu occupied by that country.
(5) In the case of a person who was born out of wedlock, a reference in subsection (3) or (4) to his father shall be read as a reference to his mother. (Sec. 45)

Citizenship and Nationality

(1) Subject to subsection (2), a person who, on or after the date on which this Constitution took effect, marries a person who is or becomes a citizen of Tuvalu is entitled, on making application in such manner as is prescribed by law, to be registered as a citizen of Tuvalu.
(2) The right conferred by subsection (1) may be made subject to such exceptions and qualifications as are declared by law to be in the interests of national security or public policy. (Sec. 46)

Citizenship and Nationality

(1) An Act of Parliament may make provision —
(a) for the acquisition of citizenship of Tuvalu by persons who are not otherwise eligible to become citizens of Tuvalu by virtue of this Part; or
(b) for the renunciation by any person of his citizenship of Tuvalu; or
(c) for the maintenance of a register of citizens of Tuvalu who are also citizens or nationals of another country; or
(d) subject to subsection (2), for depriving any person of his citizenship of Tuvalu,
and generally for carrying into effect the purposes of this Part.
(2) Subsection (1)(d) does not apply to a person who —
(a) became a citizen automatically on Independence Day, by virtue of section 19 (persons who became citizens on Independence Day) of the Independence Constitution; or
(b) became a citizen by birth under —
(i) section 22 (persons born in Tuvalu after the day prior to Independence Day) of the Independence Constitution; or
(ii) section 23 (persons born outside Tuvalu after the day prior to independence Day) of the Independence Constitution; or
(iii) section 45 (citizenship by birth) of this Constitution. (Sec. 47)

Jurisdiction and Access

The High Court has the jurisdiction in relation to the interpretation, application and enforcement of this Constitution conferred by —
(a) section 14 (Parliamentary declaration of purpose); and
(b) Division 5 of Part II (Enforcement of the Bill of Rights);
(c) section 131 (constitutional interpretation),
and otherwise by law. (Sec. 5)

Jurisdiction and Access

(1) The High Court has jurisdiction —
(a) in relation to Part II (Bill of Rights) of this Constitution - as provided by Division 5 (Enforcement of the Bill of Rights) of that Part; and
(b) in relation to questions as to membership of Parliament - as provided by section 100 (questions as to membership of Parliament); and
(c) in relation to other questions as to the interpretation or application of this Constitution - as provided by section 131 (constitutional interpretation);
(d) in relation to appeals generally - as provided by section 132 (appellate jurisdiction of the High Court); and (e) in other matters - as provided for by sections 14(3) (which relates to the effect of Parliamentary declarations of purpose) and 133 (other jurisdiction, etc., of the High Court), and otherwise in this Constitution.
… (Sec. 130)

Jurisdiction and Access

(1) Subject to subsection (2), the High Court has original jurisdiction to determine any question as to the interpretation or application of this Constitution.
(2) Where —
(a) any question as to the interpretation or application of this Constitution arises in any proceedings in a subordinate court; and
(b) that court is of the opinion that the question involves a substantial question of law, the court may, and shall if a party to the proceedings so requests, refer the question to the High Court for determination. (Sec. 131)

Jurisdiction and Access

(1) An appeal may be made from a decision of the Court of Appeal to the Sovereign in Council —
(a) with the leave of the Court of Appeal —
(i) in the case of a final decision on a question as to the interpretation or application of this Constitution; or
(ii) in the case of a final decision in proceedings under Division 5 (Enforcement of the Bill of Rights) of Part II;
… (Sec. 136)

Equality and Non-Discrimination

(1) Every person in Tuvalu is entitled, whatever his race, place of origin, political opinions, colour, religious beliefs or lack of religious beliefs, or sex, to the following fundamental rights and freedoms: —

(d) the protection of the law (see section 22);
… (Sec. 11)

Equality and Non-Discrimination

(1) In this section, discrimination refers to the treatment of different people in different ways wholly or mainly because of their different —
(a) races; or
(b) places of origin; or
(c) political opinions; or
(d) colours; or
(e) religious beliefs or lack of religious beliefs, in such a way that one such person is for some such reason given more favourable treatment or less favourable treatment than another such person.
(2) Subject to the provisions of this Part, and in particular to —
(a) the succeeding provisions of this section; and
(b) section 29 (Protection of Tuvaluan values, etc.); and
(c) section 31 (disciplined forces of Tuvalu); and
(d) section 32 (foreign disciplined forces); and
(e) section 33 (hostile disciplined forces); and
(f) section 36 (restrictions on certain rights and freedoms during public emergencies), no-one shall be treated in a discriminatory manner.
(3) Subsection (2) does not apply to a law so far as it makes provision —

(d) in respect of-
(i) adoption: or
(ii) marriage; or
(iii) divorce; or
(iv) burial; or
(v) any other such matter, in accordance with the personal law, beliefs or customs of any person or group; or (e) in relation to land; or
(f) by which any person or group may be given favourable treatment or unfavourable treatment which, having regard to the nature of the treatment and to any special circumstances of the person or group, is reasonably justifiable in a democratic society having a proper respect for human rights and dignity.
(4) Nothing in a law shall be considered to be inconsistent with subsection (2) to the extent that it makes provision for —
(a) standards or qualifications (not specifically related to any matter referred to in subsection (1)(a)-(e)) for appointment to any office or position in -
(i) a State Service; or
(ii) a disciplined force; or
(iii) the service of a local government or authority; or
(iv) a body corporate established by law for a public purpose, or the service of such a body; or
(b) localization within the meaning of section 142 (localization).
(5) Subsection (2) does not affect the exercise of any discretion relating to the institution, conduct or discontinuance in a court of any proceedings that is vested in any person or authority by or under this Constitution or any other law.
(6) Nothing in or done under a law shall be considered to be inconsistent with subsection (2) to the extent that the law provides that any person may be subjected to any restriction on the rights and freedoms guaranteed by —
(a) section 21 (privacy of home and property); and
(b) section 23 (freedom of belief); and
(c) section 24 (freedom of expression); and
(d) section 25 (freedom of assembly and association); and
(e) section 26 (freedom of movement); and
(f) section 28 (other rights and freedoms), to the extent authorized by that section.
(7) Subject to section 12(2) (which relates to harsh, oppressive or otherwise unlawful acts) and 15 (definition of “reasonably justifiable in a democratic society”) and to any other law, no act that —
(a) is in accordance with Tuvaluan custom; and
(b) is reasonable in the circumstances, shall be considered to be inconsistent with subsection (2).
(8) Nothing in or done under a law shall be considered to be inconsistent with subsection (2)-
(a) if the law was in force in Tuvalu immediately before the date on which this Constitution took effect; or
(b) to the extent that the law repeals and re-enacts any provision that has been contained in a law in force in Tuvalu at all times since that date. (Sec. 27)2

Equality and Non-Discrimination

In this Constitution –
(a) the masculine gender includes the female gender; and
(b) the feminine gender includes the masculine gender, … (Schedule 1, Sec. 5)

Obligations of the State

(1) Every person in Tuvalu is entitled, whatever his race, place of origin, political opinions, colour, religious beliefs or lack of religious beliefs, or sex, to the following fundamental rights and freedoms: —
(a) the right not to be deprived of life (see section 16); and
(b) personal liberty (see sections 17 and 18); and
(c) security for his person (see sections 18 and 19); and
(d) the protection of the law (see section 22); and
(e) freedom of belief (see section 23); and
(f) freedom of expression (see section 24); and
(g) freedom of assembly and association (see section 25); and
(h) protection for the privacy of his home and other property (see section 21); and
(i) protection from unjust deprivation of property (see section 20),
and to other rights and freedoms set out in this Part or otherwise by law.
(2) The rights and freedoms referred to in subsection (1) can, in Tuvaluan society, be exercised only —
(a) with respect for the rights and freedoms of others and for the national interest; and
(b) in acceptance of Tuvaluan values and culture, and with respect for them.
(3) The purpose of this Part is to protect those rights and freedoms, subject to limitations on them that are designed primarily to give effect to subsection (2). (Sec. 11)

Obligations of the State

(1) Each provision of this Partapplies, as far as may be
(a) between individuals as well as between governmental bodies and individuals; and
(b) to and in relation to corporations and associations (other than governmental bodies) in the same way as it applies to and in relation to individuals, except where, or to the extent that, the context requires otherwise.
(2) Except in relation to any act that is done under a valid law which accords with traditional standards, values and practices, any act that is done under a valid law but that in the particular case
(a) is harsh or oppressive; or
(b) is not reasonable in the circumstances; or
(c) is otherwise not reasonably justifiable in a democratic society having a proper respect for human rights and dignity, is an unlawful act.
(3) The burden of showing that subsection (2) applies in respect of an act is on the party claiming that it does apply.
... (Sec. 12)4

Obligations of the State

(1) Notwithstanding anything to the contrary in this Part, other than —
(a) section 33 (hostile disciplined forces); and
(b) section 36 (restrictions on certain rights and freedoms during public emergencies), all laws, and all acts done under a law, must be reasonably justifiable in a democratic society that has a proper respect for human rights and dignity.
… (Sec. 15)

Obligations of the State

The fact that certain rights and freedoms are referred to in this Constitution does not mean that there may not be other rights and freedoms retained by the people or conferred by law. (Sec. 28)

Obligations of Private Parties

(2) Everyone has the right to freedom based on law, and accordingly, subject to this Constitution —
(a) everyone has the legal right to do anything that —
(i) does not injure others or interfere with the rights and freedoms of others;
... (Sec. 10)

Obligations of Private Parties

(1) Every person in Tuvalu is entitled, whatever his race, place of origin, political opinions, colour, religious beliefs or lack of religious beliefs, or sex, to the following fundamental rights and freedoms: —
(a) the right not to be deprived of life (see section 16); and
(b) personal liberty (see sections 17 and 18); and
(c) security for his person (see sections 18 and 19); and
(d) the protection of the law (see section 22); and
(e) freedom of belief (see section 23); and
(f) freedom of expression (see section 24); and
(g) freedom of assembly and association (see section 25); and
(h) protection for the privacy of his home and other property (see section 21); and
(i) protection from unjust deprivation of property (see section 20), and to other rights and freedoms set out in this Part or otherwise by law.
(2) The rights and freedoms referred to in subsection (1) can, in Tuvaluan society, be exercised only —
(a) with respect for the rights and freedoms of others and for the national interest; and
(b) in acceptance of Tuvaluan values and culture, and with respect for them.
(3) The purpose of this Part is to protect those rights and freedoms, subject to limitations on them that are designed primarily to give effect to subsection (2). (Sec. 11)

Obligations of Private Parties

(1) Each provision of this Part5 applies, as far as may be
(a) between individuals as well as between governmental bodies and individuals; and
(b) to and in relation to corporations and associations (other than governmental bodies) in the same way as it applies to and in relation to individuals, except where, or to the extent that, the context requires otherwise.
(2) Except in relation to any act that is done under a valid law which accords with traditional standards, values and practices, any act that is done under a valid law but that in the particular case
(a) is harsh or oppressive; or
(b) is not reasonable in the circumstances; or
(c) is otherwise not reasonably justifiable in a democratic society having a proper respect for human rights and dignity, is an unlawful act.
(3) The burden of showing that subsection (2) applies in respect of an act is on the party claiming that it does apply.
... (Sec. 12)6

Obligations of Private Parties

(3) Within Tuvalu, the freedoms of the individual can only be exercised having regard to the rights or feelings of other people, and to the effect on society.
… (Sec. 29)7

Judicial Protection

The High Court has the jurisdiction in relation to the interpretation, application and enforcement of this Constitution conferred by —

(b) Division 5 of Part II (Enforcement of the Bill of Rights);
… (Sec. 5)

Judicial Protection

(1) Notwithstanding anything to the contrary in this Part, other than —
(a) section 33 (hostile disciplined forces); and
(b) section 36 (restrictions on certain rights and freedoms during public emergencies), all laws, and all acts done under a law, must be reasonably justifiable in a democratic society that has a proper respect for human rights and dignity.
(2) Any question whether a law is reasonably justifiable in a democratic society that has a proper respect for human rights and dignity is to be determined in the light of the circumstances existing at the time when the decision on the question is made.
(3) Subsection (2) does not affect any question whether an act done under a law was reasonably justifiable in a democratic society that has a proper respect for human rights and dignity.
(4) A law may be declared not to be reasonably justifiable in a democratic society that has a proper respect for human rights and dignity only by the High Court or some other court prescribed for the purpose by or under an Act of Parliament.
(5) In determining whether a law or act is reasonably justifiable in a democratic society that has a proper respect for human rights and dignity, a court may have regard to —
(a) traditional standards, values and practices, as well as previous laws and judicial decisions, of Tuvalu; and
(b) law, practices and judicial decisions of other countries that the court reasonably regards as democratic; and
(c) international conventions, declarations, recommendations and judicial decisions concerning human rights; and
(d) any other matters that the court thinks relevant.
(6) Notwithstanding subsection (5), any law, or any act done under a valid law, which accords with traditional standards, values and practices shall not contravene subsection (1) above, unless the relevant traditional standard, value or practice would be regarded by an ordinary modern citizen of Tuvalu as one which should be eliminated. (Sec. 15)8

Judicial Protection

(1) In accordance with any rules of court made for the purposes of this Division9 ,if any person claims that any of the provisions of this Part10
(a) has been; or
(b) is being; or
(c) is likely to be, contravened or not complied with in relation to him, he may apply to the High Court under this Division.
(2) In the case of a person who is being detained, an application under subsection
(1) may be made —
(a) by the person himself; or
(b) by any other person on his behalf.
(3) Nothing in subsection (1) or (2) prevents any other action that may be taken under any other law in respect of the contravention. (Sec. 38)

Judicial Protection

If in any proceedings in a subordinate court a question arises as to a contravention of any of the provisions of this Part, the court may, and shall if a party to the proceedings so requests, refer the question to the High Court unless, in the opinion of the court, the question raised is frivolous or vexatious. (Sec. 39)

Judicial Protection

(1) The High Court has original jurisdiction —
(a) to determine any application made under section 38 (application for enforcement of the Bill of Rights); and
(b) to determine any question referred to it under section 39 (questions as to the Bill of Rights arising in subordinate courts), and may make any orders, issue any writs and give any directions that it thinks appropriate for enforcing or securing the enforcement of this Part.
(2) The High Court may refuse to exercise its powers under subsection (1) if it is satisfied that adequate means of redress for the alleged contravention are or have been reasonably available to the person concerned under any other law. (Sec. 40)

Judicial Protection

(1) Subject to subsection (2), an appeal may be made, in accordance with Part VII (The Courts), against any determination of the High Court under this Division.
(2) There is no appeal against a determination dismissing an application on the ground that it is frivolous or vexatious. (Sec. 41)

Judicial Protection

An Act of Parliament may confer on the High Court powers, additional to those conferred by the preceding provisions of this Division, for the purpose of enabling the Court to exercise more effectively the jurisdiction conferred on it by this Division. (Sec. 42)

Judicial Protection

(1) The High Court has jurisdiction —
(a) in relation to Part II (Bill of Rights) of this Constitution - as provided by Division 5 (Enforcement of the Bill of Rights) of that Part;
… (Sec. 130)

Judicial Protection

(1) An appeal may be made from a decision of the Court of Appeal to the Sovereign in Council —
(a) with the leave of the Court of Appeal —

(ii) in the case of a final decision in proceedings under Division 5 (Enforcement of the Bill of Rights) of Part II;
… (Sec. 136)

Limitations and/or Derogations

(2) Everyone has the right to freedom based on law, and accordingly, subject to this Constitution —
(a) everyone has the legal right to do anything that —
(i) does not injure others or interfere with the rights and freedoms of others;
... (Sec. 10)

Limitations and/or Derogations

(1) Every person in Tuvalu is entitled, whatever his race, place of origin, political opinions, colour, religious beliefs or lack of religious beliefs, or sex, to the following fundamental rights and freedoms: —
(a) the right not to be deprived of life (see section 16); and
(b) personal liberty (see sections 17 and 18); and
(c) security for his person (see sections 18 and 19); and
(d) the protection of the law (see section 22); and
(e) freedom of belief (see section 23); and
(f) freedom of expression (see section 24); and
(g) freedom of assembly and association (see section 25); and
(h) protection for the privacy of his home and other property (see section 21); and
(i) protection from unjust deprivation of property (see section 20),
and to other rights and freedoms set out in this Part or otherwise by law.
(2) The rights and freedoms referred to in subsection (1) can, in Tuvaluan society, be exercised only —
(a) with respect for the rights and freedoms of others and for the national interest; and
(b) in acceptance of Tuvaluan values and culture, and with respect for them.
(3) The purpose of this Part is to protect those rights and freedoms, subject to limitations on them that are designed primarily to give effect to subsection (2). (Sec. 11)

Limitations and/or Derogations

The fact that certain rights and freedoms are referred to in this Constitution does not mean that there may not be other rights and freedoms retained by the people or conferred by law. (Sec. 28)

Limitations and/or Derogations

(1) The Preamble acknowledges that Tuvalu is an Independent State based on Christian principles, the Rule of Law, Tuvaluan values, culture and tradition, and respect for human dignity.
...
(3) Within Tuvalu, the freedoms of the individual can only be exercised having regard to the rights or feelings of other people, and to the effect on society.
(4) It may therefore be necessary in certain circumstances to regulate or place some restrictions on the exercise of those rights, if their exercise —
(a) may be divisive, unsettling or offensive to the people; or
(b) may directly threaten Tuvaluan values or culture.
(5) Subject to section 15 (definition of “reasonably justifiable in a democratic society”) nothing contained in a law or done under a law shall be considered to be inconsistent with section 23 (freedom of belief); or section 24 (freedom of expression); or section 25 (freedom of assembly and association); or section 26 (freedom of movement); or section 27 (freedom from discrimination) to the extent the law makes provision regulating or placing restrictions on any exercise of the right-
(a) to spread beliefs; or
(b) to communicate opinions, ideas and information;
if the exercise of that right may otherwise conflict with subsection (4). (Sec. 29)11

Limitations and/or Derogations

Nothing in or done under a law shall be considered to be inconsistent with —
(a) section 16 (life); or
(b) section 17 (personal liberty); or
(c) section 21 (privacy of home and property); or
(d) section 23 (freedom of belief); or
(e) section 24 (freedom of expression); or
(f) section 25 (freedom of assembly and association); or
(g) section 26 (freedom of movement); or
(h) section 27 (freedom from discrimination),
to the extent that the law —
(i) makes any provision, in relation to a period of public emergency; or
(j) authorizes the doing, during any such period, of any thing that is reasonably justifiable for the purpose of dealing with any situation that arises or exists during that period. (Sec. 36)

Marriage and Family Life

4. Amongst the values that the people of Tuvalu seek to maintain are their traditional forms of communities, the strength and support of the family and family discipline.
... (Principles of the Constitution)

Marriage and Family Life

(1) Freedom based on law consists of the least restriction on the activities of individuals consistent with the public welfare and the maintenance and development of Tuvalu and Tuvaluan society in accordance with this Constitution and, in particular, in accordance with the Principles set out in the Preamble.
(2) Everyone has the right to freedom based on law, and accordingly, subject to this Constitution -
(a) everyone has the legal right to do anything that —
(i) does not injure others or interfere with the rights and freedoms of others; and
(ii) is not prohibited by law; and
(b) no-one may be —
(i) legally obliged to do anything that is not required by law; or
(ii) prevented by law from doing anything that complies with the provisions of paragraph (a).
(3) This section is not intended to deny the existence, nature or effect of cultural, social, civic, family or religious obligations, or other obligations of a nonlegal nature, or to prevent such obligations being given effect by law if, and so far as, it may be thought appropriate to do so. (Sec. 10)

Marriage and Family Life

(1) In this section, discrimination refers to the treatment of different people in different ways wholly or mainly because of their different
(a) races; or
(b) places of origin; or
(c) political opinions; or
(d) colours; or
(e) religious beliefs or lack of religious beliefs, in such a way that one such person is for some such reason given more favourable treatment or less favourable treatment than another such person.
(2) Subject to the provisions of this Part, and in particular to
(a) the succeeding provisions of this section; and
(b) section 29 (Protection of Tuvaluan values, etc.); and
(c) section 31 (disciplined forces of Tuvalu); and
(d) section 32 (foreign disciplined forces); and
(e) section 33 (hostile disciplined forces); and
(f) section 36 (restrictions on certain rights and freedoms during public emergencies), no-one shall be treated in a discriminatory manner.
(3) Subsection (2) does not apply to a law so far as it makes provision

(d) in respect of-
(i) adoption: or
(ii) marriage; or
(iii) divorce; or
(iv) burial; or
(v) any other such matter,
in accordance with the personal law, beliefs or customs of any person or group; or
… (Sec. 27)13

Participation in Public Life and Institutions

(1) In this section, discrimination refers to the treatment of different people in different ways wholly or mainly because of their different
(a) races; or
(b) places of origin; or
(c) political opinions; or
(d) colours; or
(e) religious beliefs or lack of religious beliefs, in such a way that one such person is for some such reason given more favourable treatment or less favourable treatment than another such person.
(2) Subject to the provisions of this Part, and in particular to
(a) the succeeding provisions of this section; and
(b) section 29 (Protection of Tuvaluan values, etc.); and
(c) section 31 (disciplined forces of Tuvalu); and
(d) section 32 (foreign disciplined forces); and
(e) section 33 (hostile disciplined forces); and
(f) section 36 (restrictions on certain rights and freedoms during public emergencies), no-one shall be treated in a discriminatory manner.

(4) Nothing in a law shall be considered to be inconsistent with subsection (2) to the extent that it makes provision for -
(a) standards or qualifications (not specifically related to any matter referred to in subsection (1)(a)-(e)) for appointment to any office or position in -
(i) a State Service; or
(ii) a disciplined force; or
(iii) the service of a local government or authority; or
(iv) a body corporate established by law for a public purpose, or the service of such a body; or
(b) localization within the meaning of section 142 (localization).
… (Sec. 27)13

Political Rights and Association

(1) Every person in Tuvalu is entitled, whatever his race, place of origin, political opinions, colour, religious beliefs or lack of religious beliefs, or sex, to the following fundamental rights and freedoms: -

(g) freedom of assembly and association;
... (Sec. 11)

Political Rights and Association

(1) Subject to the provisions of this Part and in particular to —
(a) subsection (3); and
(b) section 29 (protection of Tuvaluan values, etc.);

(g) section 36 (restrictions on certain rights and freedoms during public emergencies), except with his consent no-one shall be hindered in the exercise of his freedom of assembly and association.
(2) For the purposes of this section, freedom of assembly and association includes —
(a) the right to assemble freely and to associate with other persons; and
(b) the right to form or belong to political parties; and
(c) the right, as regulated by law, to form or belong to trade unions or other associations for the protection or advancement of one’s interests.
... (Sec. 25)

Political Rights and Association

Subject to section 92 (disqualification from registration), a person is entitled to be registered as an elector in Parliamentary elections if, and is not entitled to be registered as such an elector unless —
(a) he is a citizen of Tuvalu; and
(b) he has attained the age of 18 years; and
(c) he satisfies such other requirements (whether as to residence or otherwise) as are prescribed.
... (Sec. 91)

Head of State

(1) Her Majesty Queen Elizabeth II, by the grace of God Queen of the United Kingdom of Great Britain and Northern Ireland and of Her Other Realms and Possessions, Head of the Commonwealth, Defender of the Faith, having at the request of the people of Tuvalu graciously consented, is the Sovereign of Tuvalu and, in accordance with this Constitution, the Head of State
… (Sec. 48)

Head of State

(1) An office of Governor-General of Tuvalu is established.
(2) The Governor-General is the representative of the Sovereign. (Sec. 54)

Head of State

(1) The Governor-General shall be appointed, and may be removed from office at any time (with or without cause), by the Sovereign, acting in accordance with the advice of the Prime Minister given after the Prime Minister has, in confidence, consulted the members of Parliament.
(2) A person is not qualified to be appointed Governor-General unless —
(a) he has attained the age of 50 years; and
(b) he has not attained the age of 65 years; and
(c) he is otherwise qualified to be elected as a member of Parliament.
… (Sec. 55)

Government

(1) An office of Prime Minister is established.
(2) Subject to subsection (3), there shall be such number of other offices of Minister, and they shall have such titles, as are determined by the Head of State, acting in accordance with the advice of the Prime Minister.
(3) The number of offices of Minister (other than the office of Prime Minister) shall not exceed one half of the total membership of Parliament.
(4) One of the Ministers other than the Prime Minister may be appointed to the office of Deputy Prime Minister by the Head of State, acting in accordance with the advice of the Prime Minister.
(5) Subject to section 71 (caretaker governments) and to subsection (6), all Ministers (including the Prime Minister) must be members of Parliament.
… (Sec. 62)

Government

(1) The Prime Minister shall be elected by the members of Parliament in accordance with Schedule 2 (Election and Appointment of Prime Minister).
... (Sec. 63)

Government

(1) The Ministers other than the Prime Minister shall be appointed by the Head of State, acting in accordance with the advice of the Prime Minister.
… (Sec. 67)

Government

(1) A Cabinet is established for Tuvalu.
(2) The Cabinet consists of the Prime Minister and all the other Ministers. (Sec. 73)

Government

(1) All members of Parliament are eligible for nomination as candidates for election as Prime Minister.
… (Schedule 2, Sec. 3)

Legislature

A Parliament is established for Tuvalu. (Sec. 81)

Legislature

(1) Members of Parliament shall be elected under a system of universal, citizen, adult suffrage, in accordance with this Constitution and any law made for the purposes of section 89 (electoral laws).
(2) All contested elections of members of Parliament shall be held by secret ballot.
… (Sec. 87)

Legislature

Subject to section 95 (disqualification from election) a person is qualified to be elected as a member of Parliament if, and is not qualified to be elected as a member of Parliament unless, —
(a) he is a citizen of Tuvalu; and
(b) he has attained the age of 21 years. (Sec. 94)

Property, Inheritance and Land Tenure

(1) Every person in Tuvalu is entitled, whatever his race, place of origin, political opinions, colour, religious beliefs or lack of religious beliefs, or sex, to the following fundamental rights and freedoms: -

(h) protection for the privacy of his home and other property (see section 21); and
… (Sec. 11)

Property, Inheritance and Land Tenure

(1) In this section, discrimination refers to the treatment of different people in different ways wholly or mainly because of their different
(a) races; or
(b) places of origin; or
(c) political opinions; or
(d) colours; or
(e) religious beliefs or lack of religious beliefs, in such a way that one such person is for some such reason given more favourable treatment or less favourable treatment than another such person.
(2) Subject to the provisions of this Part, and in particular to —
(a) the succeeding provisions of this section; and
(b) section 29 (Protection of Tuvaluan values, etc.); and
(c) section 31 (disciplined forces of Tuvalu); and
(d) section 32 (foreign disciplined forces); and
(e) section 33 (hostile disciplined forces); and
(f) section 36 (restrictions on certain rights and freedoms during public emergencies), no-one shall be treated in a discriminatory manner.
(3) Subsection (2) does not apply to a law so far as it makes provision –

(e) in relation to land;
… (Sec. 27)14

Protection from Violence

(1) Every person in Tuvalu is entitled, whatever his race, place of origin, political opinions, colour, religious beliefs or lack of religious beliefs, or sex, to the following fundamental rights and freedoms: —

(c) security for his person (see sections 18 and 19);
… (Sec. 11)

Protection from Violence

(1) Subject to the provisions of this Part, and in particular to —
(a) the succeeding provisions of this section; and
(b) section 32 (foreign disciplined forces); and
(c) section 33 (hostile disciplined forces); and
(d) section 36 (restrictions on certain rights and freedoms during public emergencies),
no-one shall —
(e) be held in slavery or servitude; or
(f) be required to perform forced labour.
(2) For the purposes of this section —
(a) slavery or servitude includes slavery or servitude within the meaning of any international or multinational convention or treaty prohibiting slavery or servitude to which Tuvalu is a party;
... (Sec. 18)

Protection from Violence

Subject to the provisions of this Part, and in particular to —
(a) section 32 (foreign disciplined forces); and
(b) section 33 (hostile disciplined forces),
no-one shall —
(c) be tortured; or
(d) given inhuman or degrading punishment or treatment. (Sec. 19)

Status of the Constitution

(1) This Constitution is the supreme law of Tuvalu and, subject to subsection (2), any act (whether legislative, executive or judicial) that is inconsistent with it is, to the extent of the inconsistency, void.
(2) All other laws shall be interpreted and applied subject to this Constitution, and, as far as is practicable, in such a way as to conform with it. (Sec. 3)

Status of International Law

(5) In determining whether a law or act is reasonably justifiable in a democratic society that has a proper respect for human rights and dignity, a court may have regard to –

(c) international conventions, declarations, recommendations and judicial decisions concerning human rights;
… (Sec. 15)

Status of International Law

(1) Subject to the provisions of this Part, and in particular to —
(a) the succeeding provisions of this section; and
(b) section 32 (foreign disciplined forces); and
(c) section 33 (hostile disciplined forces); and
(d) section 36 (restrictions on certain rights and freedoms during public emergencies),
no-one shall —
(e) be held in slavery or servitude; or
(f) be required to perform forced labour.
(2) For the purposes of this section —
(a) slavery or servitude includes slavery or servitude within the meaning of any international or multinational convention or treaty prohibiting slavery or servitude to which Tuvalu is a party;
... (Sec. 18)

Religious Law

…“AND WHEREAS the people of Tuvalu desire to constitute themselves as an independent State based on Christian principles, the Rule of Law, and Tuvaluan custom and tradition; … (Preamble)

Religious Law

(1) The Preamble acknowledges that Tuvalu is an Independent State based on Christian principles, the Rule of Law, Tuvaluan values, culture and tradition, and respect for human dignity.
… (Sec. 29)

Customary Law

… “AND WHEREAS the people of Tuvalu desire to constitute themselves as an independent State based on Christian principles, the Rule of Law, and Tuvaluan custom and tradition; … (Preamble)

Customary Law

3. While believing that Tuvalu must take its rightful place amongst the community of nations in search of peace and the general welfare, nevertheless the people of Tuvalu recognize and affirm, with gratitude to God, that the stability of Tuvaluan society and the happiness and welfare of the people of Tuvalu, both present and future, depend very largely on the maintenance of Tuvaluan values, culture and tradition, including the vitality and the sense of identity of island communities and attitudes of co-operation, self-help and unity within and amongst those communities.
4. Amongst the values that the people of Tuvalu seek to maintain are their traditional forms of communities, the strength and support of the family and family discipline.
5. In government, and in social affairs generally, the guiding principles of Tuvalu are - agreement, courtesy and the search for consensus, in accordance with traditional Tuvaluan procedures, rather than alien ideas of confrontation and divisiveness; the need for mutual respect and co-operation between the different kinds of authorities concerned, including the central Government, the traditional authorities, local governments and authorities, and the religious authorities.
6. The life and the laws of Tuvalu should therefore be based on respect for human dignity, and on the acceptance of Tuvaluan values and culture, and on respect for them.
7. Nevertheless, the people of Tuvalu recognize that in a changing world, and with changing needs, these principles and values, and the manner and form of their expression (especially in legal and administrative matters), will gradually change, and the Constitution not only must recognize their fundamental importance to the life of Tuvalu but also must not unnecessarily hamper their expression and their development.
… (Principles of the Constitution)15

Customary Law

(1) Freedom based on law consists of the least restriction on the activities of individuals consistent with the public welfare and the maintenance and development of Tuvalu and Tuvaluan society in accordance with this Constitution and, in particular, in accordance with the Principles set out in the Preamble.
(2) Everyone has the right to freedom based on law, and accordingly, subject to this Constitution -
(a) everyone has the legal right to do anything that —
(i) does not injure others or interfere with the rights and freedoms of others; and
(ii) is not prohibited by law; and
(b) no-one may be -
(i) legally obliged to do anything that is not required by law; or
(ii) prevented by law from doing anything that complies with the provisions of paragraph (a).
(3) This section is not intended to deny the existence, nature or effect of cultural, social, civic, family or religious obligations, or other obligations of a nonlegal nature, or to prevent such obligations being given effect by law if, and so far as, it may be thought appropriate to do so. (Sec. 10)

Customary Law

(2) The rights and freedoms referred to in subsection (1) can, in Tuvaluan society, be exercised only –
...
(b) in acceptance of Tuvaluan values and culture, and with respect for them.
… (Sec. 11)

Customary Law

(2) Except in relation to any act that is done under a valid law which accords with traditional standards, values and practices, any act that is done under a valid law but that in the particular case —
(a) is harsh or oppressive; or
(b) is not reasonable in the circumstances; or
(c) is otherwise not reasonably justifiable in a democratic society having a proper respect for human rights and dignity, is an unlawful act.
(3) The burden of showing that subsection (2) applies in respect of an act is on the party claiming that it does apply.
(4) Nothing in this section affects the operation of any other law under which an act may be held to be unlawful.
(Sec. 12)16

Customary Law

(5) In determining whether a law or act is reasonably justifiable in a democratic society that has a proper respect for human rights and dignity, a court may have regard to —
(a) traditional standards, values and practices, as well as previous laws and judicial decisions, of Tuvalu;

(6) Notwithstanding subsection (5), any law, or any act done under a valid law, which accords with traditional standards, values and practices shall not contravene subsection (1) above, unless the relevant traditional standard, value or practice would be regarded by an ordinary modern citizen of Tuvalu as one which should be eliminated. (Sec. 15)17

Customary Law

(1) In this section, discrimination refers to the treatment of different people in different ways wholly or mainly because of their different
(a) races; or
(b) places of origin; or
(c) political opinions; or
(d) colours; or
(e) religious beliefs or lack of religious beliefs, in such a way that one such person is for some such reason given more favourable treatment or less favourable treatment than another such person.
(2) Subject to the provisions of this Part , and in particular to - ...
(a) the succeeding provisions of this section; and
(b) section 29 (Protection of Tuvaluan values, etc.); and
(c) section 31 (disciplined forces of Tuvalu); and
(d) section 32 (foreign disciplined forces); and
(e) section 33 (hostile disciplined forces); and
(f) section 36 (restrictions on certain rights and freedoms during public emergencies),
no-one shall be treated in a discriminatory manner.
(3) Subsection (2) does not apply to a law so far as it makes provision –

(d) in respect of-
(i) adoption: or
(ii) marriage; or
(iii) divorce; or
(iv) burial; or
(v) any other such matter,
in accordance with the personal law, beliefs or customs of any person or group;

(7) Subject to section 12(2) (which relates to harsh, oppressive or otherwise unlawful acts) and 15 (definition of “reasonably justifiable in a democratic society”) and to any other law, no act that —
(a) is in accordance with Tuvaluan custom;

shall be considered to be inconsistent with subsection (2).
… (Sec. 27)18

Customary Law

(1) The Preamble acknowledges that Tuvalu is an Independent State based on Christian principles, the Rule of Law, Tuvaluan values, culture and tradition, and respect for human dignity.
(2) This includes recognition of-
(a) the right to worship, or not to worship, in whatever way the conscience of the individual tells him; and
(b) the right to hold, to receive and to communicate opinions, ideas and information.
(3) Within Tuvalu, the freedoms of the individual can only be exercised having regard to the rights or feelings of other people, and to the effect on society.
(4) It may therefore be necessary in certain circumstances to regulate or place some restrictions on the exercise of those rights, if their exercise—
(a) may be divisive, unsettling or offensive to the people; or
(b) may directly threaten Tuvaluan values or culture.
(5) Subject to section 15 (definition of “reasonably justifiable in a democratic society”) nothing contained in a law or done under a law shall be considered to be inconsistent with section 23 (freedom of belief); or section 24 (freedom of expression); or section 25 (freedom of assembly and association); or section 26 (freedom of movement); or section 27 (freedom from discrimination) to the extent the law makes provision regulating or placing restrictions on any exercise of the right-
(a) to spread beliefs; or
(b) to communicate opinions, ideas and information;
if the exercise of that right may otherwise conflict with subsection (4). (Sec. 29)19

Citizenship and Nationality

English

Every person who, immediately before the date on which this Constitution took effect, was a citizen of Tuvalu by virtue of —
(a) Chapter III (Citizenship) of the Independence Constitution; or
(b) the Citizenship Ordinance 1979, is as at that date a citizen of Tuvalu for the purposes of this Constitution. (Sec. 44)

Citizenship and Nationality

English

(1) Subject to subsections (3) and (4), a person born in Tuvalu on or after the date on which this Constitution took effect is a citizen of Tuvalu by birth.
(2) A person born outside Tuvalu on or after the date on which this Constitution took effect is a citizen of Tuvalu by birth if on the date of his birth either of his parents is, or would but for his death have been, a citizen of Tuvalu.
(3) Subject to subsection (5), a person does not become a citizen of Tuvalu by virtue of subsection (1) if at the time of his birth -
(a) neither of his parents was a citizen of Tuvalu; and
(b) his father had the privileges and immunities of an envoy to Tuvalu from a country with which Tuvalu had diplomatic relations.
(4) Subject to subsection (5), a person does not become a citizen of Tuvalu by virtue of subsection (1) if at the time of his birth—
(a) his father was a citizen of a country with which Tuvalu was at war; and
(b) the birth occurred in a place in Tuvalu occupied by that country.
(5) In the case of a person who was born out of wedlock, a reference in subsection (3) or (4) to his father shall be read as a reference to his mother. (Sec. 45)

Citizenship and Nationality

English

(1) Subject to subsection (2), a person who, on or after the date on which this Constitution took effect, marries a person who is or becomes a citizen of Tuvalu is entitled, on making application in such manner as is prescribed by law, to be registered as a citizen of Tuvalu.
(2) The right conferred by subsection (1) may be made subject to such exceptions and qualifications as are declared by law to be in the interests of national security or public policy. (Sec. 46)

Citizenship and Nationality

English

(1) An Act of Parliament may make provision —
(a) for the acquisition of citizenship of Tuvalu by persons who are not otherwise eligible to become citizens of Tuvalu by virtue of this Part; or
(b) for the renunciation by any person of his citizenship of Tuvalu; or
(c) for the maintenance of a register of citizens of Tuvalu who are also citizens or nationals of another country; or
(d) subject to subsection (2), for depriving any person of his citizenship of Tuvalu,
and generally for carrying into effect the purposes of this Part.
(2) Subsection (1)(d) does not apply to a person who —
(a) became a citizen automatically on Independence Day, by virtue of section 19 (persons who became citizens on Independence Day) of the Independence Constitution; or
(b) became a citizen by birth under —
(i) section 22 (persons born in Tuvalu after the day prior to Independence Day) of the Independence Constitution; or
(ii) section 23 (persons born outside Tuvalu after the day prior to independence Day) of the Independence Constitution; or
(iii) section 45 (citizenship by birth) of this Constitution. (Sec. 47)

Jurisdiction and Access

English

The High Court has the jurisdiction in relation to the interpretation, application and enforcement of this Constitution conferred by —
(a) section 14 (Parliamentary declaration of purpose); and
(b) Division 5 of Part II (Enforcement of the Bill of Rights);
(c) section 131 (constitutional interpretation),
and otherwise by law. (Sec. 5)

Jurisdiction and Access

English

(1) The High Court has jurisdiction —
(a) in relation to Part II (Bill of Rights) of this Constitution - as provided by Division 5 (Enforcement of the Bill of Rights) of that Part; and
(b) in relation to questions as to membership of Parliament - as provided by section 100 (questions as to membership of Parliament); and
(c) in relation to other questions as to the interpretation or application of this Constitution - as provided by section 131 (constitutional interpretation);
(d) in relation to appeals generally - as provided by section 132 (appellate jurisdiction of the High Court); and (e) in other matters - as provided for by sections 14(3) (which relates to the effect of Parliamentary declarations of purpose) and 133 (other jurisdiction, etc., of the High Court), and otherwise in this Constitution.
… (Sec. 130)

Jurisdiction and Access

English

(1) Subject to subsection (2), the High Court has original jurisdiction to determine any question as to the interpretation or application of this Constitution.
(2) Where —
(a) any question as to the interpretation or application of this Constitution arises in any proceedings in a subordinate court; and
(b) that court is of the opinion that the question involves a substantial question of law, the court may, and shall if a party to the proceedings so requests, refer the question to the High Court for determination. (Sec. 131)

Jurisdiction and Access

English

(1) An appeal may be made from a decision of the Court of Appeal to the Sovereign in Council —
(a) with the leave of the Court of Appeal —
(i) in the case of a final decision on a question as to the interpretation or application of this Constitution; or
(ii) in the case of a final decision in proceedings under Division 5 (Enforcement of the Bill of Rights) of Part II;
… (Sec. 136)

Equality and Non-Discrimination

English

(1) Every person in Tuvalu is entitled, whatever his race, place of origin, political opinions, colour, religious beliefs or lack of religious beliefs, or sex, to the following fundamental rights and freedoms: —

(d) the protection of the law (see section 22);
… (Sec. 11)

Equality and Non-Discrimination

English

(1) In this section, discrimination refers to the treatment of different people in different ways wholly or mainly because of their different —
(a) races; or
(b) places of origin; or
(c) political opinions; or
(d) colours; or
(e) religious beliefs or lack of religious beliefs, in such a way that one such person is for some such reason given more favourable treatment or less favourable treatment than another such person.
(2) Subject to the provisions of this Part, and in particular to —
(a) the succeeding provisions of this section; and
(b) section 29 (Protection of Tuvaluan values, etc.); and
(c) section 31 (disciplined forces of Tuvalu); and
(d) section 32 (foreign disciplined forces); and
(e) section 33 (hostile disciplined forces); and
(f) section 36 (restrictions on certain rights and freedoms during public emergencies), no-one shall be treated in a discriminatory manner.
(3) Subsection (2) does not apply to a law so far as it makes provision —

(d) in respect of-
(i) adoption: or
(ii) marriage; or
(iii) divorce; or
(iv) burial; or
(v) any other such matter, in accordance with the personal law, beliefs or customs of any person or group; or (e) in relation to land; or
(f) by which any person or group may be given favourable treatment or unfavourable treatment which, having regard to the nature of the treatment and to any special circumstances of the person or group, is reasonably justifiable in a democratic society having a proper respect for human rights and dignity.
(4) Nothing in a law shall be considered to be inconsistent with subsection (2) to the extent that it makes provision for —
(a) standards or qualifications (not specifically related to any matter referred to in subsection (1)(a)-(e)) for appointment to any office or position in -
(i) a State Service; or
(ii) a disciplined force; or
(iii) the service of a local government or authority; or
(iv) a body corporate established by law for a public purpose, or the service of such a body; or
(b) localization within the meaning of section 142 (localization).
(5) Subsection (2) does not affect the exercise of any discretion relating to the institution, conduct or discontinuance in a court of any proceedings that is vested in any person or authority by or under this Constitution or any other law.
(6) Nothing in or done under a law shall be considered to be inconsistent with subsection (2) to the extent that the law provides that any person may be subjected to any restriction on the rights and freedoms guaranteed by —
(a) section 21 (privacy of home and property); and
(b) section 23 (freedom of belief); and
(c) section 24 (freedom of expression); and
(d) section 25 (freedom of assembly and association); and
(e) section 26 (freedom of movement); and
(f) section 28 (other rights and freedoms), to the extent authorized by that section.
(7) Subject to section 12(2) (which relates to harsh, oppressive or otherwise unlawful acts) and 15 (definition of “reasonably justifiable in a democratic society”) and to any other law, no act that —
(a) is in accordance with Tuvaluan custom; and
(b) is reasonable in the circumstances, shall be considered to be inconsistent with subsection (2).
(8) Nothing in or done under a law shall be considered to be inconsistent with subsection (2)-
(a) if the law was in force in Tuvalu immediately before the date on which this Constitution took effect; or
(b) to the extent that the law repeals and re-enacts any provision that has been contained in a law in force in Tuvalu at all times since that date. (Sec. 27)2

Equality and Non-Discrimination

English

In this Constitution –
(a) the masculine gender includes the female gender; and
(b) the feminine gender includes the masculine gender, … (Schedule 1, Sec. 5)

Obligations of the State

English

(1) Every person in Tuvalu is entitled, whatever his race, place of origin, political opinions, colour, religious beliefs or lack of religious beliefs, or sex, to the following fundamental rights and freedoms: —
(a) the right not to be deprived of life (see section 16); and
(b) personal liberty (see sections 17 and 18); and
(c) security for his person (see sections 18 and 19); and
(d) the protection of the law (see section 22); and
(e) freedom of belief (see section 23); and
(f) freedom of expression (see section 24); and
(g) freedom of assembly and association (see section 25); and
(h) protection for the privacy of his home and other property (see section 21); and
(i) protection from unjust deprivation of property (see section 20),
and to other rights and freedoms set out in this Part or otherwise by law.
(2) The rights and freedoms referred to in subsection (1) can, in Tuvaluan society, be exercised only —
(a) with respect for the rights and freedoms of others and for the national interest; and
(b) in acceptance of Tuvaluan values and culture, and with respect for them.
(3) The purpose of this Part is to protect those rights and freedoms, subject to limitations on them that are designed primarily to give effect to subsection (2). (Sec. 11)

Obligations of the State

English

(1) Each provision of this Partapplies, as far as may be
(a) between individuals as well as between governmental bodies and individuals; and
(b) to and in relation to corporations and associations (other than governmental bodies) in the same way as it applies to and in relation to individuals, except where, or to the extent that, the context requires otherwise.
(2) Except in relation to any act that is done under a valid law which accords with traditional standards, values and practices, any act that is done under a valid law but that in the particular case
(a) is harsh or oppressive; or
(b) is not reasonable in the circumstances; or
(c) is otherwise not reasonably justifiable in a democratic society having a proper respect for human rights and dignity, is an unlawful act.
(3) The burden of showing that subsection (2) applies in respect of an act is on the party claiming that it does apply.
... (Sec. 12)4

Obligations of the State

English

(1) Notwithstanding anything to the contrary in this Part, other than —
(a) section 33 (hostile disciplined forces); and
(b) section 36 (restrictions on certain rights and freedoms during public emergencies), all laws, and all acts done under a law, must be reasonably justifiable in a democratic society that has a proper respect for human rights and dignity.
… (Sec. 15)

Obligations of the State

English

The fact that certain rights and freedoms are referred to in this Constitution does not mean that there may not be other rights and freedoms retained by the people or conferred by law. (Sec. 28)

Obligations of Private Parties

English

(2) Everyone has the right to freedom based on law, and accordingly, subject to this Constitution —
(a) everyone has the legal right to do anything that —
(i) does not injure others or interfere with the rights and freedoms of others;
... (Sec. 10)

Obligations of Private Parties

English

(1) Every person in Tuvalu is entitled, whatever his race, place of origin, political opinions, colour, religious beliefs or lack of religious beliefs, or sex, to the following fundamental rights and freedoms: —
(a) the right not to be deprived of life (see section 16); and
(b) personal liberty (see sections 17 and 18); and
(c) security for his person (see sections 18 and 19); and
(d) the protection of the law (see section 22); and
(e) freedom of belief (see section 23); and
(f) freedom of expression (see section 24); and
(g) freedom of assembly and association (see section 25); and
(h) protection for the privacy of his home and other property (see section 21); and
(i) protection from unjust deprivation of property (see section 20), and to other rights and freedoms set out in this Part or otherwise by law.
(2) The rights and freedoms referred to in subsection (1) can, in Tuvaluan society, be exercised only —
(a) with respect for the rights and freedoms of others and for the national interest; and
(b) in acceptance of Tuvaluan values and culture, and with respect for them.
(3) The purpose of this Part is to protect those rights and freedoms, subject to limitations on them that are designed primarily to give effect to subsection (2). (Sec. 11)

Obligations of Private Parties

English

(1) Each provision of this Part5 applies, as far as may be
(a) between individuals as well as between governmental bodies and individuals; and
(b) to and in relation to corporations and associations (other than governmental bodies) in the same way as it applies to and in relation to individuals, except where, or to the extent that, the context requires otherwise.
(2) Except in relation to any act that is done under a valid law which accords with traditional standards, values and practices, any act that is done under a valid law but that in the particular case
(a) is harsh or oppressive; or
(b) is not reasonable in the circumstances; or
(c) is otherwise not reasonably justifiable in a democratic society having a proper respect for human rights and dignity, is an unlawful act.
(3) The burden of showing that subsection (2) applies in respect of an act is on the party claiming that it does apply.
... (Sec. 12)6

Obligations of Private Parties

English

(3) Within Tuvalu, the freedoms of the individual can only be exercised having regard to the rights or feelings of other people, and to the effect on society.
… (Sec. 29)7

Judicial Protection

English

The High Court has the jurisdiction in relation to the interpretation, application and enforcement of this Constitution conferred by —

(b) Division 5 of Part II (Enforcement of the Bill of Rights);
… (Sec. 5)

Judicial Protection

English

(1) Notwithstanding anything to the contrary in this Part, other than —
(a) section 33 (hostile disciplined forces); and
(b) section 36 (restrictions on certain rights and freedoms during public emergencies), all laws, and all acts done under a law, must be reasonably justifiable in a democratic society that has a proper respect for human rights and dignity.
(2) Any question whether a law is reasonably justifiable in a democratic society that has a proper respect for human rights and dignity is to be determined in the light of the circumstances existing at the time when the decision on the question is made.
(3) Subsection (2) does not affect any question whether an act done under a law was reasonably justifiable in a democratic society that has a proper respect for human rights and dignity.
(4) A law may be declared not to be reasonably justifiable in a democratic society that has a proper respect for human rights and dignity only by the High Court or some other court prescribed for the purpose by or under an Act of Parliament.
(5) In determining whether a law or act is reasonably justifiable in a democratic society that has a proper respect for human rights and dignity, a court may have regard to —
(a) traditional standards, values and practices, as well as previous laws and judicial decisions, of Tuvalu; and
(b) law, practices and judicial decisions of other countries that the court reasonably regards as democratic; and
(c) international conventions, declarations, recommendations and judicial decisions concerning human rights; and
(d) any other matters that the court thinks relevant.
(6) Notwithstanding subsection (5), any law, or any act done under a valid law, which accords with traditional standards, values and practices shall not contravene subsection (1) above, unless the relevant traditional standard, value or practice would be regarded by an ordinary modern citizen of Tuvalu as one which should be eliminated. (Sec. 15)8

Judicial Protection

English

(1) In accordance with any rules of court made for the purposes of this Division9 ,if any person claims that any of the provisions of this Part10
(a) has been; or
(b) is being; or
(c) is likely to be, contravened or not complied with in relation to him, he may apply to the High Court under this Division.
(2) In the case of a person who is being detained, an application under subsection
(1) may be made —
(a) by the person himself; or
(b) by any other person on his behalf.
(3) Nothing in subsection (1) or (2) prevents any other action that may be taken under any other law in respect of the contravention. (Sec. 38)

Judicial Protection

English

If in any proceedings in a subordinate court a question arises as to a contravention of any of the provisions of this Part, the court may, and shall if a party to the proceedings so requests, refer the question to the High Court unless, in the opinion of the court, the question raised is frivolous or vexatious. (Sec. 39)

Judicial Protection

English

(1) The High Court has original jurisdiction —
(a) to determine any application made under section 38 (application for enforcement of the Bill of Rights); and
(b) to determine any question referred to it under section 39 (questions as to the Bill of Rights arising in subordinate courts), and may make any orders, issue any writs and give any directions that it thinks appropriate for enforcing or securing the enforcement of this Part.
(2) The High Court may refuse to exercise its powers under subsection (1) if it is satisfied that adequate means of redress for the alleged contravention are or have been reasonably available to the person concerned under any other law. (Sec. 40)

Judicial Protection

English

(1) Subject to subsection (2), an appeal may be made, in accordance with Part VII (The Courts), against any determination of the High Court under this Division.
(2) There is no appeal against a determination dismissing an application on the ground that it is frivolous or vexatious. (Sec. 41)

Judicial Protection

English

An Act of Parliament may confer on the High Court powers, additional to those conferred by the preceding provisions of this Division, for the purpose of enabling the Court to exercise more effectively the jurisdiction conferred on it by this Division. (Sec. 42)

Judicial Protection

English

(1) The High Court has jurisdiction —
(a) in relation to Part II (Bill of Rights) of this Constitution - as provided by Division 5 (Enforcement of the Bill of Rights) of that Part;
… (Sec. 130)

Judicial Protection

English

(1) An appeal may be made from a decision of the Court of Appeal to the Sovereign in Council —
(a) with the leave of the Court of Appeal —

(ii) in the case of a final decision in proceedings under Division 5 (Enforcement of the Bill of Rights) of Part II;
… (Sec. 136)

Limitations and/or Derogations

English

(2) Everyone has the right to freedom based on law, and accordingly, subject to this Constitution —
(a) everyone has the legal right to do anything that —
(i) does not injure others or interfere with the rights and freedoms of others;
... (Sec. 10)

Limitations and/or Derogations

English

(1) Every person in Tuvalu is entitled, whatever his race, place of origin, political opinions, colour, religious beliefs or lack of religious beliefs, or sex, to the following fundamental rights and freedoms: —
(a) the right not to be deprived of life (see section 16); and
(b) personal liberty (see sections 17 and 18); and
(c) security for his person (see sections 18 and 19); and
(d) the protection of the law (see section 22); and
(e) freedom of belief (see section 23); and
(f) freedom of expression (see section 24); and
(g) freedom of assembly and association (see section 25); and
(h) protection for the privacy of his home and other property (see section 21); and
(i) protection from unjust deprivation of property (see section 20),
and to other rights and freedoms set out in this Part or otherwise by law.
(2) The rights and freedoms referred to in subsection (1) can, in Tuvaluan society, be exercised only —
(a) with respect for the rights and freedoms of others and for the national interest; and
(b) in acceptance of Tuvaluan values and culture, and with respect for them.
(3) The purpose of this Part is to protect those rights and freedoms, subject to limitations on them that are designed primarily to give effect to subsection (2). (Sec. 11)

Limitations and/or Derogations

English

The fact that certain rights and freedoms are referred to in this Constitution does not mean that there may not be other rights and freedoms retained by the people or conferred by law. (Sec. 28)

Limitations and/or Derogations

English

(1) The Preamble acknowledges that Tuvalu is an Independent State based on Christian principles, the Rule of Law, Tuvaluan values, culture and tradition, and respect for human dignity.
...
(3) Within Tuvalu, the freedoms of the individual can only be exercised having regard to the rights or feelings of other people, and to the effect on society.
(4) It may therefore be necessary in certain circumstances to regulate or place some restrictions on the exercise of those rights, if their exercise —
(a) may be divisive, unsettling or offensive to the people; or
(b) may directly threaten Tuvaluan values or culture.
(5) Subject to section 15 (definition of “reasonably justifiable in a democratic society”) nothing contained in a law or done under a law shall be considered to be inconsistent with section 23 (freedom of belief); or section 24 (freedom of expression); or section 25 (freedom of assembly and association); or section 26 (freedom of movement); or section 27 (freedom from discrimination) to the extent the law makes provision regulating or placing restrictions on any exercise of the right-
(a) to spread beliefs; or
(b) to communicate opinions, ideas and information;
if the exercise of that right may otherwise conflict with subsection (4). (Sec. 29)11

Limitations and/or Derogations

English

Nothing in or done under a law shall be considered to be inconsistent with —
(a) section 16 (life); or
(b) section 17 (personal liberty); or
(c) section 21 (privacy of home and property); or
(d) section 23 (freedom of belief); or
(e) section 24 (freedom of expression); or
(f) section 25 (freedom of assembly and association); or
(g) section 26 (freedom of movement); or
(h) section 27 (freedom from discrimination),
to the extent that the law —
(i) makes any provision, in relation to a period of public emergency; or
(j) authorizes the doing, during any such period, of any thing that is reasonably justifiable for the purpose of dealing with any situation that arises or exists during that period. (Sec. 36)

Marriage and Family Life

English

4. Amongst the values that the people of Tuvalu seek to maintain are their traditional forms of communities, the strength and support of the family and family discipline.
... (Principles of the Constitution)

Marriage and Family Life

English

(1) Freedom based on law consists of the least restriction on the activities of individuals consistent with the public welfare and the maintenance and development of Tuvalu and Tuvaluan society in accordance with this Constitution and, in particular, in accordance with the Principles set out in the Preamble.
(2) Everyone has the right to freedom based on law, and accordingly, subject to this Constitution -
(a) everyone has the legal right to do anything that —
(i) does not injure others or interfere with the rights and freedoms of others; and
(ii) is not prohibited by law; and
(b) no-one may be —
(i) legally obliged to do anything that is not required by law; or
(ii) prevented by law from doing anything that complies with the provisions of paragraph (a).
(3) This section is not intended to deny the existence, nature or effect of cultural, social, civic, family or religious obligations, or other obligations of a nonlegal nature, or to prevent such obligations being given effect by law if, and so far as, it may be thought appropriate to do so. (Sec. 10)

Marriage and Family Life

English

(1) In this section, discrimination refers to the treatment of different people in different ways wholly or mainly because of their different
(a) races; or
(b) places of origin; or
(c) political opinions; or
(d) colours; or
(e) religious beliefs or lack of religious beliefs, in such a way that one such person is for some such reason given more favourable treatment or less favourable treatment than another such person.
(2) Subject to the provisions of this Part, and in particular to
(a) the succeeding provisions of this section; and
(b) section 29 (Protection of Tuvaluan values, etc.); and
(c) section 31 (disciplined forces of Tuvalu); and
(d) section 32 (foreign disciplined forces); and
(e) section 33 (hostile disciplined forces); and
(f) section 36 (restrictions on certain rights and freedoms during public emergencies), no-one shall be treated in a discriminatory manner.
(3) Subsection (2) does not apply to a law so far as it makes provision

(d) in respect of-
(i) adoption: or
(ii) marriage; or
(iii) divorce; or
(iv) burial; or
(v) any other such matter,
in accordance with the personal law, beliefs or customs of any person or group; or
… (Sec. 27)13

Participation in Public Life and Institutions

English

(1) In this section, discrimination refers to the treatment of different people in different ways wholly or mainly because of their different
(a) races; or
(b) places of origin; or
(c) political opinions; or
(d) colours; or
(e) religious beliefs or lack of religious beliefs, in such a way that one such person is for some such reason given more favourable treatment or less favourable treatment than another such person.
(2) Subject to the provisions of this Part, and in particular to
(a) the succeeding provisions of this section; and
(b) section 29 (Protection of Tuvaluan values, etc.); and
(c) section 31 (disciplined forces of Tuvalu); and
(d) section 32 (foreign disciplined forces); and
(e) section 33 (hostile disciplined forces); and
(f) section 36 (restrictions on certain rights and freedoms during public emergencies), no-one shall be treated in a discriminatory manner.

(4) Nothing in a law shall be considered to be inconsistent with subsection (2) to the extent that it makes provision for -
(a) standards or qualifications (not specifically related to any matter referred to in subsection (1)(a)-(e)) for appointment to any office or position in -
(i) a State Service; or
(ii) a disciplined force; or
(iii) the service of a local government or authority; or
(iv) a body corporate established by law for a public purpose, or the service of such a body; or
(b) localization within the meaning of section 142 (localization).
… (Sec. 27)13

Political Rights and Association

English

(1) Every person in Tuvalu is entitled, whatever his race, place of origin, political opinions, colour, religious beliefs or lack of religious beliefs, or sex, to the following fundamental rights and freedoms: -

(g) freedom of assembly and association;
... (Sec. 11)

Political Rights and Association

English

(1) Subject to the provisions of this Part and in particular to —
(a) subsection (3); and
(b) section 29 (protection of Tuvaluan values, etc.);

(g) section 36 (restrictions on certain rights and freedoms during public emergencies), except with his consent no-one shall be hindered in the exercise of his freedom of assembly and association.
(2) For the purposes of this section, freedom of assembly and association includes —
(a) the right to assemble freely and to associate with other persons; and
(b) the right to form or belong to political parties; and
(c) the right, as regulated by law, to form or belong to trade unions or other associations for the protection or advancement of one’s interests.
... (Sec. 25)

Political Rights and Association

English

Subject to section 92 (disqualification from registration), a person is entitled to be registered as an elector in Parliamentary elections if, and is not entitled to be registered as such an elector unless —
(a) he is a citizen of Tuvalu; and
(b) he has attained the age of 18 years; and
(c) he satisfies such other requirements (whether as to residence or otherwise) as are prescribed.
... (Sec. 91)

Head of State

English

(1) Her Majesty Queen Elizabeth II, by the grace of God Queen of the United Kingdom of Great Britain and Northern Ireland and of Her Other Realms and Possessions, Head of the Commonwealth, Defender of the Faith, having at the request of the people of Tuvalu graciously consented, is the Sovereign of Tuvalu and, in accordance with this Constitution, the Head of State
… (Sec. 48)

Head of State

English

(1) An office of Governor-General of Tuvalu is established.
(2) The Governor-General is the representative of the Sovereign. (Sec. 54)

Head of State

English

(1) The Governor-General shall be appointed, and may be removed from office at any time (with or without cause), by the Sovereign, acting in accordance with the advice of the Prime Minister given after the Prime Minister has, in confidence, consulted the members of Parliament.
(2) A person is not qualified to be appointed Governor-General unless —
(a) he has attained the age of 50 years; and
(b) he has not attained the age of 65 years; and
(c) he is otherwise qualified to be elected as a member of Parliament.
… (Sec. 55)

Government

English

(1) An office of Prime Minister is established.
(2) Subject to subsection (3), there shall be such number of other offices of Minister, and they shall have such titles, as are determined by the Head of State, acting in accordance with the advice of the Prime Minister.
(3) The number of offices of Minister (other than the office of Prime Minister) shall not exceed one half of the total membership of Parliament.
(4) One of the Ministers other than the Prime Minister may be appointed to the office of Deputy Prime Minister by the Head of State, acting in accordance with the advice of the Prime Minister.
(5) Subject to section 71 (caretaker governments) and to subsection (6), all Ministers (including the Prime Minister) must be members of Parliament.
… (Sec. 62)

Government

English

(1) The Prime Minister shall be elected by the members of Parliament in accordance with Schedule 2 (Election and Appointment of Prime Minister).
... (Sec. 63)

Government

English

(1) The Ministers other than the Prime Minister shall be appointed by the Head of State, acting in accordance with the advice of the Prime Minister.
… (Sec. 67)

Government

English

(1) A Cabinet is established for Tuvalu.
(2) The Cabinet consists of the Prime Minister and all the other Ministers. (Sec. 73)

Government

English

(1) All members of Parliament are eligible for nomination as candidates for election as Prime Minister.
… (Schedule 2, Sec. 3)

Legislature

English

A Parliament is established for Tuvalu. (Sec. 81)

Legislature

English

(1) Members of Parliament shall be elected under a system of universal, citizen, adult suffrage, in accordance with this Constitution and any law made for the purposes of section 89 (electoral laws).
(2) All contested elections of members of Parliament shall be held by secret ballot.
… (Sec. 87)

Legislature

English

Subject to section 95 (disqualification from election) a person is qualified to be elected as a member of Parliament if, and is not qualified to be elected as a member of Parliament unless, —
(a) he is a citizen of Tuvalu; and
(b) he has attained the age of 21 years. (Sec. 94)

Property, Inheritance and Land Tenure

English

(1) Every person in Tuvalu is entitled, whatever his race, place of origin, political opinions, colour, religious beliefs or lack of religious beliefs, or sex, to the following fundamental rights and freedoms: -

(h) protection for the privacy of his home and other property (see section 21); and
… (Sec. 11)

Property, Inheritance and Land Tenure

English

(1) In this section, discrimination refers to the treatment of different people in different ways wholly or mainly because of their different
(a) races; or
(b) places of origin; or
(c) political opinions; or
(d) colours; or
(e) religious beliefs or lack of religious beliefs, in such a way that one such person is for some such reason given more favourable treatment or less favourable treatment than another such person.
(2) Subject to the provisions of this Part, and in particular to —
(a) the succeeding provisions of this section; and
(b) section 29 (Protection of Tuvaluan values, etc.); and
(c) section 31 (disciplined forces of Tuvalu); and
(d) section 32 (foreign disciplined forces); and
(e) section 33 (hostile disciplined forces); and
(f) section 36 (restrictions on certain rights and freedoms during public emergencies), no-one shall be treated in a discriminatory manner.
(3) Subsection (2) does not apply to a law so far as it makes provision –

(e) in relation to land;
… (Sec. 27)14

Protection from Violence

English

(1) Every person in Tuvalu is entitled, whatever his race, place of origin, political opinions, colour, religious beliefs or lack of religious beliefs, or sex, to the following fundamental rights and freedoms: —

(c) security for his person (see sections 18 and 19);
… (Sec. 11)

Protection from Violence

English

(1) Subject to the provisions of this Part, and in particular to —
(a) the succeeding provisions of this section; and
(b) section 32 (foreign disciplined forces); and
(c) section 33 (hostile disciplined forces); and
(d) section 36 (restrictions on certain rights and freedoms during public emergencies),
no-one shall —
(e) be held in slavery or servitude; or
(f) be required to perform forced labour.
(2) For the purposes of this section —
(a) slavery or servitude includes slavery or servitude within the meaning of any international or multinational convention or treaty prohibiting slavery or servitude to which Tuvalu is a party;
... (Sec. 18)

Protection from Violence

English

Subject to the provisions of this Part, and in particular to —
(a) section 32 (foreign disciplined forces); and
(b) section 33 (hostile disciplined forces),
no-one shall —
(c) be tortured; or
(d) given inhuman or degrading punishment or treatment. (Sec. 19)

Status of the Constitution

English

(1) This Constitution is the supreme law of Tuvalu and, subject to subsection (2), any act (whether legislative, executive or judicial) that is inconsistent with it is, to the extent of the inconsistency, void.
(2) All other laws shall be interpreted and applied subject to this Constitution, and, as far as is practicable, in such a way as to conform with it. (Sec. 3)

Status of International Law

English

(5) In determining whether a law or act is reasonably justifiable in a democratic society that has a proper respect for human rights and dignity, a court may have regard to –

(c) international conventions, declarations, recommendations and judicial decisions concerning human rights;
… (Sec. 15)

Status of International Law

English

(1) Subject to the provisions of this Part, and in particular to —
(a) the succeeding provisions of this section; and
(b) section 32 (foreign disciplined forces); and
(c) section 33 (hostile disciplined forces); and
(d) section 36 (restrictions on certain rights and freedoms during public emergencies),
no-one shall —
(e) be held in slavery or servitude; or
(f) be required to perform forced labour.
(2) For the purposes of this section —
(a) slavery or servitude includes slavery or servitude within the meaning of any international or multinational convention or treaty prohibiting slavery or servitude to which Tuvalu is a party;
... (Sec. 18)

Religious Law

English

…“AND WHEREAS the people of Tuvalu desire to constitute themselves as an independent State based on Christian principles, the Rule of Law, and Tuvaluan custom and tradition; … (Preamble)

Religious Law

English

(1) The Preamble acknowledges that Tuvalu is an Independent State based on Christian principles, the Rule of Law, Tuvaluan values, culture and tradition, and respect for human dignity.
… (Sec. 29)

Customary Law

English

… “AND WHEREAS the people of Tuvalu desire to constitute themselves as an independent State based on Christian principles, the Rule of Law, and Tuvaluan custom and tradition; … (Preamble)

Customary Law

English

3. While believing that Tuvalu must take its rightful place amongst the community of nations in search of peace and the general welfare, nevertheless the people of Tuvalu recognize and affirm, with gratitude to God, that the stability of Tuvaluan society and the happiness and welfare of the people of Tuvalu, both present and future, depend very largely on the maintenance of Tuvaluan values, culture and tradition, including the vitality and the sense of identity of island communities and attitudes of co-operation, self-help and unity within and amongst those communities.
4. Amongst the values that the people of Tuvalu seek to maintain are their traditional forms of communities, the strength and support of the family and family discipline.
5. In government, and in social affairs generally, the guiding principles of Tuvalu are - agreement, courtesy and the search for consensus, in accordance with traditional Tuvaluan procedures, rather than alien ideas of confrontation and divisiveness; the need for mutual respect and co-operation between the different kinds of authorities concerned, including the central Government, the traditional authorities, local governments and authorities, and the religious authorities.
6. The life and the laws of Tuvalu should therefore be based on respect for human dignity, and on the acceptance of Tuvaluan values and culture, and on respect for them.
7. Nevertheless, the people of Tuvalu recognize that in a changing world, and with changing needs, these principles and values, and the manner and form of their expression (especially in legal and administrative matters), will gradually change, and the Constitution not only must recognize their fundamental importance to the life of Tuvalu but also must not unnecessarily hamper their expression and their development.
… (Principles of the Constitution)15

Customary Law

English

(1) Freedom based on law consists of the least restriction on the activities of individuals consistent with the public welfare and the maintenance and development of Tuvalu and Tuvaluan society in accordance with this Constitution and, in particular, in accordance with the Principles set out in the Preamble.
(2) Everyone has the right to freedom based on law, and accordingly, subject to this Constitution -
(a) everyone has the legal right to do anything that —
(i) does not injure others or interfere with the rights and freedoms of others; and
(ii) is not prohibited by law; and
(b) no-one may be -
(i) legally obliged to do anything that is not required by law; or
(ii) prevented by law from doing anything that complies with the provisions of paragraph (a).
(3) This section is not intended to deny the existence, nature or effect of cultural, social, civic, family or religious obligations, or other obligations of a nonlegal nature, or to prevent such obligations being given effect by law if, and so far as, it may be thought appropriate to do so. (Sec. 10)

Customary Law

English

(2) The rights and freedoms referred to in subsection (1) can, in Tuvaluan society, be exercised only –
...
(b) in acceptance of Tuvaluan values and culture, and with respect for them.
… (Sec. 11)

Customary Law

English

(2) Except in relation to any act that is done under a valid law which accords with traditional standards, values and practices, any act that is done under a valid law but that in the particular case —
(a) is harsh or oppressive; or
(b) is not reasonable in the circumstances; or
(c) is otherwise not reasonably justifiable in a democratic society having a proper respect for human rights and dignity, is an unlawful act.
(3) The burden of showing that subsection (2) applies in respect of an act is on the party claiming that it does apply.
(4) Nothing in this section affects the operation of any other law under which an act may be held to be unlawful.
(Sec. 12)16

Customary Law

English

(5) In determining whether a law or act is reasonably justifiable in a democratic society that has a proper respect for human rights and dignity, a court may have regard to —
(a) traditional standards, values and practices, as well as previous laws and judicial decisions, of Tuvalu;

(6) Notwithstanding subsection (5), any law, or any act done under a valid law, which accords with traditional standards, values and practices shall not contravene subsection (1) above, unless the relevant traditional standard, value or practice would be regarded by an ordinary modern citizen of Tuvalu as one which should be eliminated. (Sec. 15)17

Customary Law

English

(1) In this section, discrimination refers to the treatment of different people in different ways wholly or mainly because of their different
(a) races; or
(b) places of origin; or
(c) political opinions; or
(d) colours; or
(e) religious beliefs or lack of religious beliefs, in such a way that one such person is for some such reason given more favourable treatment or less favourable treatment than another such person.
(2) Subject to the provisions of this Part , and in particular to - ...
(a) the succeeding provisions of this section; and
(b) section 29 (Protection of Tuvaluan values, etc.); and
(c) section 31 (disciplined forces of Tuvalu); and
(d) section 32 (foreign disciplined forces); and
(e) section 33 (hostile disciplined forces); and
(f) section 36 (restrictions on certain rights and freedoms during public emergencies),
no-one shall be treated in a discriminatory manner.
(3) Subsection (2) does not apply to a law so far as it makes provision –

(d) in respect of-
(i) adoption: or
(ii) marriage; or
(iii) divorce; or
(iv) burial; or
(v) any other such matter,
in accordance with the personal law, beliefs or customs of any person or group;

(7) Subject to section 12(2) (which relates to harsh, oppressive or otherwise unlawful acts) and 15 (definition of “reasonably justifiable in a democratic society”) and to any other law, no act that —
(a) is in accordance with Tuvaluan custom;

shall be considered to be inconsistent with subsection (2).
… (Sec. 27)18

Customary Law

English

(1) The Preamble acknowledges that Tuvalu is an Independent State based on Christian principles, the Rule of Law, Tuvaluan values, culture and tradition, and respect for human dignity.
(2) This includes recognition of-
(a) the right to worship, or not to worship, in whatever way the conscience of the individual tells him; and
(b) the right to hold, to receive and to communicate opinions, ideas and information.
(3) Within Tuvalu, the freedoms of the individual can only be exercised having regard to the rights or feelings of other people, and to the effect on society.
(4) It may therefore be necessary in certain circumstances to regulate or place some restrictions on the exercise of those rights, if their exercise—
(a) may be divisive, unsettling or offensive to the people; or
(b) may directly threaten Tuvaluan values or culture.
(5) Subject to section 15 (definition of “reasonably justifiable in a democratic society”) nothing contained in a law or done under a law shall be considered to be inconsistent with section 23 (freedom of belief); or section 24 (freedom of expression); or section 25 (freedom of assembly and association); or section 26 (freedom of movement); or section 27 (freedom from discrimination) to the extent the law makes provision regulating or placing restrictions on any exercise of the right-
(a) to spread beliefs; or
(b) to communicate opinions, ideas and information;
if the exercise of that right may otherwise conflict with subsection (4). (Sec. 29)19

1

Links to all sites last visited 2 March 2016

2

As amended by Constitution (Recognition of Traditional Standards, Values and Practices) Amendment Act 2010.

3,4

3 - Part II on Bill of Rights. 
4 - As amended by Constitution (Recognition of Traditional Standards, Values and Practices) Amendment Act 2010.

5,6

5 - Part II on Bill of Rights. 
6 - As amended by Constitution (Recognition of Traditional Standards, Values and Practices) Amendment Act 2010.

7

As amended by Constitution (Recognition of Traditional Standards, Values and Practices) Amendment Act 2010.

8

As amended by Constitution (Recognition of Traditional Standards, Values and Practices) Amendment Act 2010 (new sub-section 15(6) inserted).

9,10

9 - Division 5 on Enforcement of the Bill of Rights (Sections 38-42).
10 - Part II on Bill of rights.

11

As amended by Constitution (Recognition of Traditional Standards, Values and Practices) Amendment Act 2010.

12

As amended by Constitution (Recognition of Traditional Standards, Values and Practices) Amendment Act 2010.

13

As amended by Constitution (Recognition of Traditional Standards, Values and Practices) Amendment Act 2010.

14

As amended by Constitution (Recognition of Traditional Standards, Values and Practices) Amendment Act 2010.

15

Also refer to Sec. 13: “The Principles set out in the Preamble are adopted as part of the basic law of Tuvalu, from which human rights and freedoms derive and on which they are based.”

16

As amended by Constitution (Recognition of Traditional Standards, Values and Practices) Amendment Act 2010. 

17

As amended by Constitution (Recognition of Traditional Standards, Values and Practices) Amendment Act 2010. 

18

As amended by Constitution (Recognition of Traditional Standards, Values and Practices) Amendment Act 2010. 

19

As amended by Constitution (Recognition of Traditional Standards, Values and Practices) Amendment Act 2010.