- 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, or
(f) disability; or
(g) sex
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;
...
no-one shall be treated in a discriminatory manner.
(3) Subsection (2) does not apply to a law so far as it makes provision —
…
(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.
... (Sec. 27)
- English
Every person who, immediately before the date on which this Constitution took effect, was a citizen of Tuvalu by virtue of —
(a) Chapter IV (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; or
(c) Part III (Citizenship) of the Constitution 1986,
is as at that date a citizen of Tuvalu for the purposes of this Constitution. (Sec. 45)
- 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. 46)
- 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. 47)
- 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 the Constitution 1986; or
(iv) section 46 (citizenship by birth) of this Constitution. (Sec. 48)
- 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);
(b) Part II, Division 5 (Enforcement of the Bill of Rights); and
(c) section 134 (constitutional interpretation), and otherwise by law. (Sec. 5)
- 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 102 (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 134 (constitutional interpretation);
(d) in relation to appeals generally - as provided by section 135 (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 136 (other jurisdiction, etc., of the High Court), and otherwise in this Constitution.
… (Sec. 133)
- 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. 134)
- 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. 139)
- English
(1) Every person in Tuvalu is entitled, whatever his race, place of origin, political opinions, colour, religious beliefs, disability, 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)
- 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, or
(f) disability; or
(g) sex
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)
- 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)
- English
(1) Every person in Tuvalu is entitled, whatever his race, place of origin, political opinions, colour, religious beliefs or lack of religious beliefs, disability, or sex, to the following fundamental rights and freedoms: —
...
(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)
- English
(1) Each provision of this Part2 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)
- 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)
- 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)
- 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)
- English
(1) Every person in Tuvalu is entitled, whatever his race, place of origin, political opinions, colour, religious beliefs or lack of religious beliefs, disability, 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)
- English
(1) Each provision of this Part3 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)
- English
…
(3) Within Tuvalu, the freedoms of the individual can only be exercised having regard to the rights or feelings of other people, the Charter of Duties and Responsibilities in section 43, and to the effect on society.
… (Sec. 29)
- English
The High Court has the jurisdiction in relation to the interpretation, application and enforcement of this Constitution conferred by-
…
(b) Part II, Division 5 (Enforcement of the Bill of Rights);
… (Sec. 5)
- 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) the Charter of Duties and Responsibilities; and
(e) 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 a resolution of Parliament supported
by the votes of two-thirds of the total membership as one which should be eliminated. (Sec. 15)
- English
(1) In accordance with any rules of court made for the purposes of this Division4, if any person claims that any of the provisions of this Part5
(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)
- English
If in any proceedings in a subordinate court a question arises as to a contravention of any of the provisions of this Part6, 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)
- 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)
- 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)
- 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)
- English
…
(3) All Courts in Tuvalu shall consider the Charter of Duties and Responsibilities when dealing with any issues arising from the application of the rights and freedoms enshrined in this Constitution.
… (Sec. 43)
- 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. 133)
- 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. 139)
- 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)
- English
(1) Every person in Tuvalu is entitled, whatever his race, place of origin, political opinions, colour, religious beliefs or lack of religious beliefs, disability, 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)
- 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)
- 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, the Charter of Duties and Responsibilities in section 43, 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;
(c) to assemble and associate with others;
(d) to move freely or reside within Tuvalu or to enter and to leave Tuvalu; or
(e) to not be discriminated against;
if the exercise of that right may otherwise conflict with subsection (4). (Sec. 29)
- 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 anything that is reasonably justifiable for the purpose of dealing with any situation that arises or exists during that period. (Sec. 36)
- English
…
4. Amongst the values that we the people of Tuvalu seek to maintain are those embodied in our traditional forms of community, the Falekaupule, and the strength and support of the family and family discipline.
... (Principles of the Constitution)7
- 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)
- 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, or
(f) disability; or
(g) sex
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)
- English
…
(2) Under this Constitution every person has the following fundamental duties and responsibilities to themselves, their dependents, and others –
...
(b) to uphold the Christian principles of a family unit, which shall comprise a marriage as between a man and a woman to the exclusion of all others, and their offspring as the foundation of the Tuvaluan society;
(c) in the case of parents, to care for and not neglect their children, and to teach children to uphold their duties, Tuvaluan ways of life, and Christian principles;
(d) in the case of children, to listen to and respect their parents, teachers and all people; to assist in the home and with their family; to do what they are directed to do, and to attend school and classes;
(e) in the case of husbands and wives, to perform their roles in upholding family values and communal society;
... (Sec. 43)
- 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, or
(f) disability; or
(g) sex
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)
- English
(1) Every person in Tuvalu is entitled, whatever his race, place of origin, political opinions, colour, religious beliefs or lack of religious beliefs, disability, or sex, to the following fundamental rights and freedoms: -
…
(g) freedom of assembly and association (see section 25);
... (Sec. 11)
- 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)
- English
1. Subject to the succeeding provisions of this section, any person who is registered under an Act of Parliament as an elector for Parliamentary elections in an electoral district is entitled to vote, in such manner as is prescribed, in an election of a member of Parliament for that district.
... (Sec. 92)
- 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 by an Act of Parliament.
... (Sec. 93)
- English
(1) The Sovereign, by the grace of God the Royal Majesty of the United Kingdom of Great Britain and Northern Ireland and Other Realms and Possession, Head of the Commonwealth, Defender of the Faith, is the Sovereign of Tuvalu and, in accordance with this Constitution, the Head of State.
… (Sec. 49)
- English
The provisions of this Constitution referring to the Sovereign extend, in accordance with section 13 (references to the Sovereign of Tuvalu) of Schedule 1, to the Heirs and Successors of the Sovereign according to law. (Sec. 50)
- English
(1) An office of Governor-General of Tuvalu is established.
(2) The Governor-General is the representative of the Sovereign. (Sec. 55)
- English
(1) The Governor-General shall be appointed, and may be removed from office at any time, 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 is otherwise qualified to be elected as a member of Parliament.
… (Sec. 56)
- English
1. The executive authority of Tuvalu is primarily vested in the Sovereign, and in the Governor-General as the representative of the Sovereign.
… (Sec. 62)
- 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 72 (caretaker governments) and to subsection (6), all Ministers (including the Prime Minister) must be members of Parliament.
… (Sec. 63)
- 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. 64)
- 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. 68)
- English
(1) A Cabinet is established for Tuvalu.
(2) The Cabinet consists of the Prime Minister and all the other Ministers. (Sec. 75)
- English
The Cabinet is collectively responsible to Parliament for the performance of the executive functions of the Government. (Sec. 76)
- English
(1) All members of Parliament are eligible for nomination as candidates for election as Prime Minister.
… (Schedule 2, Sec. 3)
- English
(1) A Parliament is established for Tuvalu.
(2) Parliament is the representative, legislative and deliberative assembly of Tuvalu.
(3) Parliament shall exercise the functions of decision making and oversight and shall strive to do so through consensus and cooperation. (Sec. 83)
- English
Subject to this Constitution, Parliament may make laws, not inconsistent with this Constitution,
… (Sec. 86)
- 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 91 (electoral laws).
(2) All contested elections of members of Parliament shall be held by secret ballot.
… (Sec. 89)
- English
Subject to section 97 (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. 96)
- English
(1) Every person in Tuvalu is entitled, whatever his race, place of origin, political opinions, colour, religious beliefs or lack of religious beliefs, disability, 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)
- 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, or
(f) disability; or
(g) sex
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)
- English
(1) Every person in Tuvalu is entitled, whatever his race, place of origin, political opinions, colour, religious beliefs or lack of religious beliefs, disability, or sex, to the following fundamental rights and freedoms: —
…
(c) security for his person (see sections 18 and 19);
… (Sec. 11)
- 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)
- 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)
- 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)
- 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)
- English
WE, the People of Tuvalu: -
...
REJOICING in the coming of Christianity to our home;
AFFIRMING our identity as a Christian nation;
...
ACKNOWLEDGING God as the Almighty and Everlasting Lord and Giver of all good things, humbly placing ourselves under His good providence, and seeking His blessing upon us and our lives;
REAFFIRMING our desire to constitute ourselves as a free and democratic sovereign nation based on Christian Principles, Tuvaluan values and culture and the Rule of Law;
… (Preamble)
- English
…
2. Our right as the people of Tuvalu both present and future, to a full, free and secure life, and to moral, spiritual, personal and material welfare, is affirmed as one given to us by God.
…
6. Therefore, the life and the laws of Tuvalu should be based on respect for Christian principles, Tuvaluan values and culture, the Rule of Law and human dignity.
... (Principles of the Constitution)8
- 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)
- English
…
(2) Under this Constitution every person has the following fundamental duties and responsibilities to themselves, their dependents, and others –
(a) to respect society, communities, islands, leaders, and cultural practices and norms; to know their duties and roles in society despite different religious beliefs and practices, ...
(b) to uphold the Christian principles of a family unit, ...
(c) in the case of parents, to care for and not neglect their children, and to teach children to uphold their duties, Tuvaluan ways of life, and Christian principles;
...
(f) in the case of religious leaders, to respect Island Community customs and traditions, to unite and contribute to communities, to help their religious group, to help to improve the lives of all people, to love and respect all people, and to respect the different religions of others;
(g) In the case of leaders, to respect Island Community customs and traditions; to encourage Christian principles; to bring peace and harmony, unity, and respect to the island, different religious groups, men, women, youth, and children,
... (Sec. 43)
- English
WE, the People of Tuvalu: -
…
CELEBRATING our distinct culture and tradition influenced mainly by people of Polynesian descent;
...
REAFFIRMING our desire to constitute ourselves as a free and democratic sovereign nation based on Christian Principles, Tuvaluan values and culture and the Rule of Law;
… (Preamble)
- 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 we the people of Tuvalu seek to maintain are those embodied in our traditional forms of community, the Falekaupule, and 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. Therefore, the life and the laws of Tuvalu should be based on respect for Christian principles, Tuvaluan values and culture, the Rule of Law and human dignity.
7. The people of Tuvalu recognize that in a changing world, and with changing needs, the manner and form of the expression of these principles and values may change, but the Constitution must recognise their fundamental importance to the life of Tuvalu and, where necessary, reinforce them.
… (Principles of the Constitution)9
- 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)
- English
1. Every person in Tuvalu is entitled, whatever his race, place of origin, political opinions, colour, religious beliefs or lack of religious beliefs, disability, or sex, to the following fundamental rights and freedoms:-
...
(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)
- 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)
- 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 a resolution of Parliament supported by the votes of two-thirds of the total membership as one which should be eliminated. (Sec. 15)
- 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, or
(f) disability; or
(g) sex
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)
- 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, the Charter of Duties and Responsibilities in section 43 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;
(c) to assemble and associate with others;
(d) to move freely or reside within Tuvalu or to enter and to leave Tuvalu; or
(e) to not be discriminated against;
if the exercise of that right may otherwise conflict with subsection (4). (Sec. 29)
- English
…
(2) Under this Constitution every person has the following fundamental duties and responsibilities to themselves, their dependents, and others –
(a) to respect society, communities, islands, leaders, and cultural practices and norms; to know their duties and roles in society despite different religious beliefs and practices,
...
(c) in the case of parents, to care for and not neglect their children, and to teach children to uphold their duties, Tuvaluan ways of life, and Christian principles;
...
(f) in the case of religious leaders, to respect Island Community customs and traditions, ...
(g) In the case of leaders, to respect Island Community customs and traditions;
... (Sec. 43)
- English
The role of the 'Falekaupule', as the island traditional governing authority on each of the islands of Tuvalu, is hereby recognized. The 'Falekaupule' derives its authority from the island's culture, traditions and values and an Act of Parliament. (Sec. 140)
- English
…
"the Falekaupule” means the traditional governing assembly in each island of Tuvalu which is composed in accordance with the aganu (i.e., the traditional local customs and usages) of each island and established under section 4 of the Falekaupule Act 1997;
... (Schedule 1, Sec. 1)
Part II on Bill of Rights.
Part II on Bill of Rights.
4 - Division 5 on Enforcement of the Bill of Rights (Sections 38-42).
5 - Part II on Bill of Rights.
Part II on Bill of Rights.
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.”
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.”
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.”