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51-727: The police service is managed in accordance with the Police Powers and Duties Act (2009) and the Police Powers and Duties Regulations (2012). The powers of arrest and search are described in Part III of the Criminal Procedure Code (1963). The Penal Code (1965) is a codification of what crimes under Law of Tuvalu . This legislation is published online by the Office of the Attorney General of Tuvalu; also by

102-422: A motion of no confidence , carried by eight votes to seven, which had the result that a new ministry was formed by Willy Telavi . Telavi retained a majority support in parliament following the 2011 Nui by-election , however the 2013 Nukufetau by-election was won by the opposition candidate, which resulted in the loss of his majority. A constitutional crisis developed when Telavi took the position that, under

153-717: A British colony until independence the parliament of Tuvalu was called the House of the Assembly or Fale i Fono . The parliament was first established when Tuvalu separated from the Gilbert and Ellice Islands in 1976. Following independence in October 1978 the House of the Assembly was renamed officially the Fale i Fono (unofficially translated by Palamene o Tuvalu ). The elections to

204-632: A consequence Tuvalu separated from the Gilbert Islands which later became Kiribati . Tuvalu became fully independent within the Commonwealth on 1 October 1978. On 5 September 2000, Tuvalu became the 189th member of the United Nations . The way in which legislation was created changed as Tuvalu evolved from a being a British protectorate to a British colony until it eventually became an independent country: During Tuvalu's time as

255-512: A larger and more capable Guardian class patrol vessel in April, 2019, named HMTSS Te Mataili II . Te Mataili II was severely damaged by cyclones in 2023. On 16 October 2024 Australia handed over a Guardian-class patrol boat to Tuvalu, which was named HMTSS Te Mataili III > In May 2023 the Government of Tuvalu signed a Memorandum of Understanding (MoU) with Sea Shepherd Global, which

306-540: A legal system similar to that of Tuvalu”. The 2023 amendments now provide that that a Tuvaluan who has practiced as barrister or solicitor in Tuvalu or has been appointed a magistrate in Tuvalu, is now eligible to be appointed as a judge of the High Court of Tuvalu. The People's Lawyer represents clients for free in cases involving land disputes, civil disputes, criminal law, family law and business formation. Tuvalu

357-648: A vote of no confidence in Mr Telavi and his government. The role of the member of the Parliament of Tuvalu in the parliamentary democracy by established in the Constitution , and the ability of a Falekaupule (the traditional assembly of elders of each island) to direct an MP as to their conduct as a member, was considered in Nukufetau v Metia . The Falekaupule of Nukufetau directed Lotoala Metia ,

408-784: Is a state party to the following human rights treaties: the Convention on the Rights of the Child (CRC); the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) and; the Convention on the Rights of Persons with Disabilities (CRPD). Tuvalu has commitments to ensuring human rights are respected under the Universal periodic Review (UPR), the Sustainable Development Goals (SDGs) and

459-487: Is an open meeting place where the chiefs and elders deliberate and make decisions. The 16 members of the current parliament are elected from eight two-seat constituencies via plurality block voting . In 1886, an Anglo-German agreement partitioned the "unclaimed" central Pacific, leaving Nauru in the German sphere of influence , while Ocean Island and the future Gilbert and Ellice Islands colony (GEIC) wound up in

510-852: Is based in the Netherlands, to combat illegal, unreported, and unregulated (IUU) fishing in Tuvalu’s Exclusive Economic Zone (EEZ). Sea Shepherd Global will provide the Allankay , a 54.6 metres (179 ft) motor vessel, to support Tuvalu’s law enforcement activities. Allankay will accommodate officers from the Tuvalu Police Force, who have the authority to board, inspect, and arrest fishing vessels engaged in IUU activity in Tuvalu’s EEZ. Tuvalu provided police officers to

561-406: Is non-partisan in nature. It does tend to have both a distinct government and a distinct opposition, but members often cross the floor between the two groups, resulting in a number of mid-term changes of government in recent years, such as followed the 2010 Tuvaluan general election . Maatia Toafa was elected prime minister soon after the election, however on 24 December 2010, he lost office after

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612-632: Is represented by 2 MPs ( Niulakita is represented by the MPs from Niutao ). In August 2007 the Constitution was changed to increase the number of ministers from 5 to 7. The Constitution of Tuvalu states that it is "the supreme law of Tuvalu" and that "all other laws shall be interpreted and applied subject to this Constitution". It sets out the Principles of the Bill of Rights and the Protection of

663-445: Is that, whilst a person is elected to represent the people of the district from which he is elected, he is not bound to act in accordance with the directives of the electorate either individually or as a body. He is elected because a majority of the voters regard him as the candidate best equipped to represent them and their interests in the government of their country. He is bound by the rules of parliament and answerable to parliament for

714-576: The Cabinet are appointed by the governor-general on the advice of the prime minister. The Attorney-General attends meetings of the cabinet and also sits in parliament, but does not vote: the parliamentary role of the Attorney-General is purely advisory. The current Attorney-General is Laingane Italeli Talia . Any member of parliament may introduce legislation into parliament, but in practice, as in most partisan systems, this occurs mainly at

765-468: The Constitution of Tuvalu , he was only required to convene parliament once a year, and was thus under no obligation to summon it until December 2013. However he was forced to call parliament following the intervention of the governor-general. On 2 August 2013 Willy Tevali faced a motion of no confidence in the parliament. On 4 August the parliament elected Enele Sopoaga as prime minister. In 2015

816-604: The Gilbert and Ellice Islands protectorate inside the British Western Pacific Territories (BWPT), and from 1916 to 1974 as part of the Gilbert and Ellice Islands colony (GEIC). With the creation in 1970 of a Legislative Council where only 4 members were from Ellice Islands constituencies, the idea of a separation between the two archipelagoes became stronger. In 1974, the Ellicean voted by referendum for separate British dependency status. As

867-595: The Law of Tuvalu as being derived from: the Constitution, the law enacted by the Parliament of Tuvalu, customary law , the common law of Tuvalu and every applied law. "Applied law" is defined in Section 7 of that Act as "imperial enactments which have effect as part of the law of Tuvalu". The summoning of Parliament is covered by Section 119(1) of the Constitution , which states that "subject to this section, Parliament shall meet at such places in Tuvalu, and at such times, as

918-653: The Pacific Forum , after the United Nations Convention on Laws of the Seas extended maritime nations Exclusive Economic Zones to 200 kilometers. Australia agreed its own security was improved if it gave its smaller neighbours vessels that enabled them to protect their own sovereignty, perform search and rescue , fishery patrol, and prevent smuggling. Australia replaced the Te Mataili with

969-584: The Pacific Islands Legal Information Institute , with the law set out in the 2008 Revised Edition; with a list of current legislation (up to 2012). According to the Constitution of Tuvalu , 161. The Police Force (1) An office of Commissioner of Police is established as an office in the Tuvalu Police. (2) The Commissioner of Police shall be appointed in accordance with section 163(5)(a) (which relates to

1020-643: The Principles of the Bill of Rights and the Protection of the Fundamental Rights and Freedoms. By virtue of section 42(2) of the Laws of Tuvalu Act 1987, the Law of Tuvalu includes customary law . Schedule 1 paragraph 3 and 4 of the Laws of Tuvalu Act 1987 require that courts must take customary law into account when considering specified matters in criminal and civil proceedings. The law that existed at

1071-631: The Regional Assistance Mission to Solomon Islands from December 2004. Tuvaluan Police officer Fanini Maleko was the contingent commander of the Tuvaluan police serving as part of RAMSI's Participating Police Force (PPF). Each island has its own high-chief, or ulu-aliki, and several sub-chiefs ( alikis ). The community council is the Falekaupule (the traditional assembly of elders) or te sina o fenua (literally: "grey-hairs of

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1122-601: The Te Kakeega III - National Strategy for Sustainable Development-2016-2020 (TK III), which sets out the development agenda of the Government of Tuvalu. Parliament of Tuvalu The Parliament of Tuvalu (called Fale i Fono in Tuvaluan , or Palamene o Tuvalu ) is the unicameral national legislature of Tuvalu . The place at which the parliament sits is called the Vaiaku maneapa . The maneapa on each island

1173-719: The Acting Attorney General for years before their final appointment. The office of Director of Public Prosecutions is established as an office in the Public Service in section 162(1) of the Constitution. The role of the Director of Public Prosecutions includes instituting and undertaking criminal proceedings against any person before any court (other than a court-martial or other military tribunal) for any criminal offence (section 162(4)(a)). Courts are established in Tuvalu to resolve disputes and to interpret

1224-574: The British sphere of influence. The Ellice Islands came under Britain's sphere of influence in the late 19th century, when they were declared a British protectorate by Captain Gibson R.N. of HMS Curacoa , between 9 and 16 October 1892 and joined with the Gilbert Islands . The Ellice Islands were administered as a British protectorate by a Resident Commissioner from 1892 to 1916 as part of

1275-399: The Fundamental Rights and Freedoms. In 1986, the Constitution adoption of independence was amended in order to give attention to Tuvaluan custom and tradition as well as the aspirations and values of the Tuvaluan people. The changes placed greater emphasis on Tuvaluan community values rather than Western concepts of individual entitlement. Section 4 of the Laws of Tuvalu Act 1987 describes

1326-635: The Head of State, acting in accordance with the advice of the Cabinet, appoints". The question as to whether the Governor General has the power to summon Parliament without, or in disregard of the advice of Cabinet and, if so, the circumstances which could allow the use of that power, was considered in Amasone v Attorney General . The exercise of political judgment in the calling of by-elections and

1377-401: The Laws of Tuvalu Act 1987: “An Act to declare what constitutes the Laws of Tuvalu”. Section 4 of the Laws of Tuvalu Act 1987 describes the laws as being derived from: the Constitution, the law enacted by the Parliament of Tuvalu, customary law, the common law of Tuvalu and every applied law. ‘Applied law’ is defined in section 7 of that Act as “imperial enactments which have effect as part of

1428-627: The Tuvalu Police maybe appointed, removed and disciplined by the Commissioner of Police, subject to appeal to the Public Service Commission in the case of removal or disciplinary action. (5) The Director of Public Prosecution may initiate criminal proceedings against any Police Officer. The HMTSS Te Mataili , a Pacific Forum patrol vessel , given to Tuvalu, from Australia , from October 1994 to early 2019. Australia agreed to provide these vessels to smaller neighbours in

1479-677: The Tuvalu parliament was considered in a report commissioned by the Pacific Islands Forum Secretariat in 2005. In May 2010, a consultation entitled "Promoting Women in Decision Making" was held in Funafuti , as parliament at that time had no women MPs. The outcome was a recommendation for the introduction of two new seats, to be reserved for women. This followed the example of Papua New Guinea , which had only one female MP at that time, and whose Parliament

1530-478: The appointment of the Commissioner of Police). (3) Excluding the Commissioner of Police, members of the Tuvalu Police of or above the rank of Inspector (or the equivalent rank as defined by or under an Act of Parliament) maybe appointed, removed and disciplined in the same manner, with any necessary modifications, as members of the Public Service under section 159 (the Public Service). (4) Other members of

1581-547: The behest of the governing Cabinet. Legislation undergoes first, second and third readings before being presented to the Governor-General of Tuvalu for assent, as in other Westminster systems . One notable variation, however, is that legislation is constitutionally required to be presented to local governments (falekaupules) for review after the first reading; they may then propose amendments through their local member of parliament. The under-representation of women in

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1632-502: The composition of the parliament include the incumbent Prime Minister Kausea Natano , as well as Puakena Boreham  – the only female member of the legislature – not retaining their seats. The former Governor General Sir Iakoba Italeli Taeia was elected as an MP and also Feleti Teo , who was the former Executive Director of the Western and Central Pacific Fisheries Commission (WCPFC). Enele Sopoaga ,

1683-582: The detection and prevention of crime within the area of its authority.” Below is a table stating the ranks and insignia used by the Tuvalu Police Force. Law of Tuvalu The Law of Tuvalu comprises the legislation voted into law by the Parliament of Tuvalu and statutory instruments that become law; certain Acts passed by the Parliament of the United Kingdom (during the time Tuvalu

1734-480: The during the time of the Colony of Tuvalu (from 1 January 1976 to 1 October 1978 - prior to independence). The laws of Tuvalu are published online by the Office of the Attorney General of Tuvalu; also by the Pacific Islands Legal Information Institute , with the law set out in the 2008 Revised Edition; with a list of current legislation (up to 2012). According to a 2003 source, the Attorney General of Tuvalu "is

1785-454: The elected member of parliament, as to which group of members he should join and when this directive was not followed the Falekaupule ordered Metia to resign as a member of parliament. When Falekaupule attempted to enforce these directives through legal action, the High Court determined that the Constitution is structured around the concept of a parliamentary democracy; and that "[o]ne of the most fundamental aspects of parliamentary democracy

1836-516: The land"). As defined in the Falekaupule Act (1997), Falekaupule means "traditional assembly in each island...composed in accordance with the Aganu of each island". Aganu means traditional customs and culture. Section 41 and Schedule 3 of the Falekaupule Act (1997) provides that “[i]t shall be the duty of every Falekaupule and of every Kaupule to use its resources to assist the police in

1887-433: The law of Tuvalu”. The laws of Tuvalu include some statutes from the 1892 to 1916 era when the islands were administered as part of the British protectorate of the British Western Pacific Territories (the ‘Western Pacific Legislation’); other laws were enacted by the Parliament of the United Kingdom during the time the islands were administered as part of the Gilbert and Ellice Islands Colony (from 1916 to 1974); and

1938-700: The laws of Tuvalu. There are eight Island Courts and Lands Courts; appeals in relation to land disputes are made to the Lands Courts Appeal Panel. Appeals from the Island Courts and the Lands Courts Appeal Panel are made to the Magistrates Court, which has jurisdiction to hear civil cases involving up to $ 10,000. The superior court is the High Court of Tuvalu as it has unlimited original jurisdiction and hears appeals from

1989-757: The lower courts. Rulings of the High Court can be appealed to the Court of Appeal of Tuvalu . From the Court of Appeal there is a right of appeal to the Judicial Committee of the Privy Council in London. The 2023 amendments to the Constitution changed the eligibility for the position of a High Court Judge. The previous version of the Constitution required that any person holding that position must have first held judicial office in “some country that has

2040-434: The manner in which he acts. Should he lose the confidence of the electorate, he cannot be obliged to resign and he can only be removed for one of the reasons set out in sections 96 to 99 of the Constitution." There are no formal parties in Tuvalu. The political system is based on personal alliances and loyalties derived from clan and family connections. The Parliament of Tuvalu is rare among national legislatures in that it

2091-546: The number of elected representatives, so that each of the 8 island electorates is represented by 2 MPs. The residents of Niulakita , the smallest island, are included in the electoral roll for Niutao . The parliament is responsible for the selection the Prime Minister of Tuvalu from among their ranks and also the Speaker of Parliament by secret ballot. The Speaker presides over the parliament. The ministers that form

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2142-478: The parliament was dissolved with a general election set down for March. A candidate for parliament must be a citizen of Tuvalu of a minimum age of 21 years. Voting in Tuvalu is not compulsory. At 18 years of age, Tuvaluans are eligible to be added to the electoral rolls. The members of parliament serve a four-year term. Each member is elected by popular vote in one of eight island-based constituencies. The Electoral Provisions (Parliament) Amendment Act 2019 increased

2193-454: The parliament — then called the House of the Assembly — immediately before independence was the 1977 Tuvaluan general election ; with Toaripi Lauti being appointed as prime minister on 1 October 1977 with a Grandfather clause . The parliament was dissolved in July 1978 and thereafter the government of Toaripi Lauti was acting in a caretaker capacity only until the 1981 Tuvaluan general election

2244-473: The prime minister from 2013 to 2019, was re-elected in the Nukufetau electorate. Former foreign minister Simon Kofe retained his seat in the Funafuti electorate. No candidates contested the sitting MPs Seve Paeniu and Namoliki Sualiki in the electorate of Nukulaelae , so they were automatically returned to parliament. Feleti Teo was appointed as prime minister on 26 February 2024, after he

2295-582: The principal adviser to the Government." The Attorney General is considered a public officer, though not a Member of Parliament or a Minister. While the Attorney General does sit in Parliament in a legal advising capacity and may partake in proceedings that align with the Parliamentary Rules of Procedure, s/he does not have any voting rights. Upon request, the Attorney General may advise "Statutory Corporations and Local Governments." Neil Davidson Beith Atkinson *The Attorney General served as

2346-698: The summoning of parliament was again tested in 2013. Prime minister Willy Telavi delayed calling a by-election following the death of a member from Nukufetau until the opposition took legal action, which resulted in the High Court ordering the prime minister to issue a notice to hold the by-election. The 2013 Nukufetau by-election was won by the opposition candidate. The Tuvaluan constitutional crisis continued until August 2013. The governor-general Iakoba Italeli then proceeded to exercise his reserve powers to order Mr Telavi's removal and appoint Enele Sopoaga as interim prime minister. The Governor General also ordered that Parliament sit on Friday 2 August to allow

2397-399: The time of independence is preserved in Schedule 5 sections 1 and 2 of the Constitution as “any Acts of the Parliament of the United Kingdom, Orders of Her Majesty in Council, Ordinances, rules, regulations, orders or other instruments having effect as part of the law of Tuvalu”, subject to these laws not being in conflict with any provisions in the Constitution. This provision is reinforced by

2448-426: Was considering a bill to introduce 22 seats reserved for women. The Tuvaluan Ministry for Home Affairs, which has responsibility for women's affairs, stated that steps would be taken to consider the recommendation. Throughout the history of the parliament three women have been elected: Naama Maheu Latasi , from 1989 to 1997; Pelenike Isaia from 2011 to 2015; and Dr Puakena Boreham from 2015 to 2024. Pelenike Isaia

2499-409: Was either a British protectorate or British colony); the common law ; and customary law (particularly in relation to the ownership of land). The land tenure system is largely based on kaitasi (extended family ownership). The Constitution of Tuvalu states that it is "the supreme law of Tuvalu" and that "all other laws shall be interpreted and applied subject to this Constitution"; it sets out

2550-560: Was elected in a by-election in the Nui constituency in 2011 that followed the death of her husband Isaia Italeli , who was a member of parliament. Pelenike Isaia was not re-elected in the 2015 general election. Dr Puakena Boreham was elected to represent Nui in the 2015 general election, but was not re-elected in the 2024 general election. Voting in the general election that was held on 26 January 2024 began at 8:00 local time ( UTC+12:00 ), and ended at 16:00. Six new MPs were elected to Tuvalu's 16-member parliament. Significant changes to

2601-417: Was held. At the date of independence there were 12 members of the Parliament of Tuvalu. Amendments to the Electoral Provisions (Parliament) Act in 1999 & 2000 increased the membership of parliament to 15 MPs. The Electoral Provisions (Parliament) Amendment Act 2019 increased the number of elected representatives for the electorate of Nukulaelae to become 2 MPs, so that each of the 8 island electorates

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