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 Tuvaluportal |
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 was either a British protectorate or British colony); the common law; and customary law (particularly in relation to the ownership of land). [1] [2] The land tenure system is largely based on kaitasi (extended family ownership). [3]
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 the Fundamental Rights and Freedoms. [4]
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 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 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 the law of Tuvalu”. [5]
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’); [6] 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 the during the time of the Colony of Tuvalu (from 1 January 1976 to 1 October 1978 - prior to independence). [7]
The laws of Tuvalu are published online by the Office of the Attorney General of Tuvalu; [8] also by the Pacific Islands Legal Information Institute, with the law set out in the 2008 Revised Edition; [9] with a list of current legislation (up to 2012). [10]
According to a 2003 source, the Attorney General of Tuvalu "is the principal adviser to the Government." [11] 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." [12]
| Name | Term |
|---|---|
| John Wilson [13] [14] [15] (who established the office) Beith Atkinson [16] | c. 1978-1988 (in succession) |
| David Ballantyne [18] | 1988-1991 |
| Feleti Teo [19] [20] (1st Tuvaluan male) | c. 1991-2000 |
| Iakoba Italeli* | c. 2002-2006 |
| Eselealofa Apinelu* (1st Tuvaluan female) | c. 2008-2022 |
| Laingane Italeli Talia | c. 2022 - present |
*The Attorney General served as 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)). [4]
Courts are established in Tuvalu to resolve disputes and to interpret the laws of Tuvalu. [2] 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 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. [1] [2]
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 a legal system similar to that of Tuvalu”. The 2023 amendments now provide 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. [21]
The People's Lawyer represents clients for free in cases involving land disputes, civil disputes, criminal law, family law and business formation.
Tuvalu 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). [22] Tuvalu has commitments to ensuring human rights are respected under the Universal periodic Review (UPR), the Sustainable Development Goals (SDGs) and the Te Kakeega III - National Strategy for Sustainable Development-2016-2020 (TK III), which sets out the development agenda of the Government of Tuvalu. [23]
The politics of Tuvalu takes place in a framework of a parliamentary representative democratic monarchy, whereby the monarch is the head of state, represented by the governor-general, while the prime minister is the head of government. Executive power is exercised by the government.
The law of the Republic of Ireland consists of constitutional, statutory, and common law. The highest law in the State is the Constitution of Ireland, from which all other law derives its authority. The Republic has a common-law legal system with a written constitution that provides for a parliamentary democracy similar to the British parliamentary system, albeit with a popularly elected president, a separation of powers, a developed system of constitutional rights and judicial review of primary legislation.
The Parliament of 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 is an open meeting place where the chiefs and elders deliberate and make decisions.
The ages of consent for sexual activity vary from age 15 to 18 across Australia, New Zealand and other parts of Oceania. The specific activity and the gender of its participants is also addressed by the law. The minimum age is the age at or above which an individual can engage in unfettered sexual relations with another person of minimum age. Close in age exceptions may exist and are noted where applicable. In Vanuatu the homosexual age of consent is set higher at 18, while the heterosexual age of consent is 15. Same sex sexual activity is illegal at any age for males in Papua New Guinea, Kiribati, Samoa, Niue, Tonga and Tuvalu; it is outlawed for both men and women in the Solomon Islands. In all other places the age of consent is independent of sexual orientation or gender.
The Tuvalu Police Force is the national Police force of Tuvalu, it is headquartered in Funafuti and includes a Maritime Surveillance Unit, Customs, Prisons and Immigration. Police officers wear British style uniforms.
The monarchy of Tuvalu is a system of government in which a hereditary monarch is the sovereign and head of state of Tuvalu. The current Tuvaluan monarch and head of state since 8 September 2022 is King Charles III. As sovereign, he is the personal embodiment of the Tuvaluan Crown. Although the person of the sovereign is equally shared with 14 other independent countries within the Commonwealth of Nations, each country's monarchy is separate and legally distinct. As a result, the current monarch is officially titled King of Tuvalu and, in this capacity, he and other members of the royal family undertake public and private functions domestically and abroad as representatives of the Tuvaluan state. However, the King is the only member of the royal family with any constitutional role.
Nauruan law, since Nauru's independence from Australia in 1968, is derived primarily from English and Australian common law, though it also integrates indigenous customary law to a limited extent. Nauruan common law is founded mainly on statute law enacted by the Parliament of Nauru, and on precedents set by judicial interpretations of statutes, customs and prior precedents.
The Constitution of Samoa is a written constitution which is the supreme law in Samoa. It establishes Samoa as a parliamentary republic with a Westminster system and responsible government. It outlines the structure and powers of the Samoan government's three parts: the executive, legislature, and judiciary.
Tuvalu is a small island nation in the South Pacific, located North of Fiji and North West of Samoa. The population at the 2012 census was 10,837. Tuvalu has a written constitution which includes a statement of rights influenced by the United Nations Universal Declaration of Human Rights and the European Convention on Human Rights. While most human rights in Tuvalu are respected, areas of concern include women’s rights and freedom of belief, as well as diminishing access to human rights in the face of global warming. The latter has played a major role in the implementation of human rights actions in Tuvalu given its geographical vulnerability and scarce resources.
The judiciary of Namibia consists of a three-tiered set of courts, the Lower, High and Supreme Courts. Parallel to this structure there are traditional courts dealing with minor matters and applying customary law.
The judiciary of Solomon Islands is a branch of the Government of Solomon Islands that interprets and applies the laws of Solomon Islands, to ensure equal justice under law, and to provide a mechanism for dispute resolution. The legal system is derived from chapter VII, part II of the Constitution, adopted when the country became independent from the United Kingdom in 1978. The Constitution provided for the creation of a High Court, with original jurisdiction in civil and criminal cases, and a Court of Appeal. It also provided for the possibility of "subordinate courts", with no further specification (art.84).
The High Court of Tuvalu is the superior court of Tuvalu. It has unlimited original jurisdiction to determine the Law of Tuvalu and hears appeals from the lower courts.
The Court of Appeal of Tuvalu is established by sections 137 & 138 of the Constitution of Tuvalu to hear appeals from decisions of the High Court of Tuvalu and to determine the Law of Tuvalu. The administration of the court is set out in the Superior Courts Act (1987) and in the Court of Appeal Rules (2009). The Court of Appeal of Tuvalu determined appeals for the first time in 2009. Tomkins, Fisher and Paterson JJA were appointed to decide two cases:
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 the Fundamental Rights and Freedoms.
Crime in Tuvalu is not a significant social problem due to small population, geographic isolation, and low development.
The Falekaupule on each of the Islands of Tuvalu is the traditional assembly of elders or te sina o fenua. Under the Falekaupule Act (1997), the powers and functions of the Falekaupule are now shared with the Kaupule on each island, which is the executive arm of the Falekaupule, whose members are elected. The Kaupule has an elected president - pule o kaupule; an appointed treasurer - ofisa ten tupe; and is managed by a committee appointed by the Kaupule.
Simon Kofe is a Tuvaluan politician. He was appointed as the Minister for Justice, Communication & Foreign Affairs, in the cabinet of Kausea Natano following the 2019 Tuvaluan general election.
The judiciary of the Cook Islands is a system of courts that interprets and applies the laws of the Cook Islands. The judiciary has three levels: the Judicial Committee of the Privy Council serves as the final court of appeal. The Cook Islands Court of Appeal hears appeals from the High Court. The High Court of the Cook Islands deals with criminal and civil cases, as well as land cases under customary law. Minor crimes are heard in the High Court by Justices of the Peace.
The Land and Titles Court of Samoa is a specialist court dealing with Matai titles and customary land in Samoa.
Laingane Italeli Talia, is the current Attorney-General of Tuvalu. She is the second female Tuvaluan lawyer who has been appointed Attorney-General; she succeeded Eselealofa Apinelu who was the first Tuvaluan female who qualified as a lawyer, and also the first female appointed as the Attorney-General.
