Tuvalu is an Oceanian island country located in the Pacific Ocean. The population of this country is approx 10,643 with 25 square kilometers area. Ethnically 96% are Tuvaluan. The official languages are Tuvaluan and English. 94% are Christian, and the Church of Tuvalu is largely recognized as the state church.
After the dissolution of Parliament and until the election of the Prime Minister of the new Parliament, the last cabinet will continue to act as a caretaker government. The caretaker government will provide the necessary support to the Election Commission to conduct peaceful, free and fair elections; will conduct the routine activities of the government; and will not take any major policy decisions.
These are positive aspects. Now let's discuss the negative aspects.
The double standard about religion in the constitution is clear. Christianity has been given high status in Tuvalu on several occasions, as well as religious freedom. The British King or Queen is recognized as the head of state.
Admirable Articles of Tuvalu's Constitution
16 Life (Part of it)
(2) A person shall not be considered to have been killed in contravention of this section if he dies as the result of the use, to such extent and in such circumstances as are permitted by law, of such force as is reasonably necessary –
(a) for the defence of any person from violence; or
(b) for the defence of property; or
(c) in order to effect a lawful arrest or to prevent the escape of any person lawfully detained; or
(d) for the purpose of suppressing a riot, rebellion or mutiny; or
(e) in order to prevent him from committing an offence, or if he dies as the result of a lawful act of war
23 Freedom of belief (Part of it)
(2) For the purposes of this section, freedom of belief includes –
(a) freedom of thought, religion and belief; and
(b) freedom to change religion or belief; and
(c) freedom, either alone or with others, to show and to spread, both in public and in private, a religion or belief, in worship, teaching, practice and observance.
(4) Except with his consent, no-one attending a place of education shall be required –
(a) to receive religious instruction; or
(b) to take part in or attend a religious ceremony or observance, if the instruction, ceremony or observance relates to a religion or belief other than his own.
(5) No-one shall be compelled –
(a) to take an oath or make an affirmation that is contrary to his religion or belief; or
(b) to take an oath or make an affirmation in any manner that is contrary to his religion or belief.
72 Caretaker government
(1) After the dissolution of Parliament and until the Prime Minister is elected by the Members of Parliament and has taken the Oaths prescribed by this Constitution, the Cabinet continues in office in a caretaker role.
(2) When the Cabinet is in a caretaker role, it –
(a) shall provide any necessary assistance to the Electoral Commission to enable it to hold peaceful, free and fair elections;
(b) shall carry on the day-to-day affairs of government;
(c) subject to (b), shall not enact new laws, regulations or orders, nor may it repeal or amend any existing regulations or orders;
(d) shall not incur any unusual or unnecessary expenditure without the approval of the Parliament;
(e) shall not make any major policy decisions, or enter into significant contracts or undertakings;
(f) shall not make any significant appointments and terminations except in circumstances allowed under sub-section 3.
(3) In exceptional circumstances, such as the need for a declaration of public emergency due to a natural disaster or pandemic or the death or resignation of the Governor-General or other similar circumstances of public importance, which may require the Cabinet in a caretaker role to act in ways that may reasonably be considered to fall outside subsection (2), before it acts, the caretaker Cabinet must seek the simple majority vote, in confidence, of the dissolved Parliament.
(4) The caretaker government in office shall leave office when the newly elected Prime Minister has taken the Oath of Allegiance and Oath of office as prescribed by this Constitution.
Facts of Tuvalu's Constitution
PREAMBLE
WE, the People of Tuvalu: -
THANKFUL that our islands and oceans, known by its ancient name as the Tuvalu Islands, were given by God as our home in the Pacific Ocean;
CELEBRATING our distinct culture and tradition influenced mainly by people of Polynesian descent;
RECALLING our history and the arrival of black birders, traders and explorers;
RECOGNISING further that in 1986, Parliament adopted a new Constitution which has served the people of Tuvalu well but must now, more than thirty-five years since its adoption, be reconsidered in light of our history, world affairs and development, and our present and future needs; 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;
REAFFIRMING also our allegiance to Her Most Excellent Majesty Queen Elizabeth II, Her Heirs and Successors;
DO HEREBY ESTABLISH AND ENACT the following Constitution of Tuvalu -
IN SO DOING, WE, the people of Tuvalu set out for ourselves and our governmental institutions, the following Principles: -
PRINCIPLES OF THE CONSTITUTION
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.
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—
(a) agreement, courtesy and the search for consensus, in accordance with traditional Tuvaluan procedures, rather than alien ideas of confrontation and divisiveness;
(b) the need for mutual respect and co-operation between the different kinds of authorities concerned, including the central Government, the traditional authorities, Falekaupule, 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.
THESE PRINCIPLES, under the guidance of God, are solemnly adopted and affirmed as the basis of this Constitution and as the guiding principles to be observed in its interpretation and application at all levels of government and organised life.
23 Freedom of belief (Part of it)
(3) A religious community is entitled, at its own expense –
(a) to establish and maintain places of education; and
(b) subject to the maintenance of any minimum prescribed educational standards, to manage any place of education that it wholly maintains; and
49 The Sovereign of Tuvalu
(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.
(2) The Royal Style and Titles are as determined by Act of Parliament.
51 The office of Head of State
In addition to the other functions of the office, the office of Head of State is a symbol of the unity and identity of Tuvalu, and the Head of State is entitled to proper respect accordingly.
55 Establishment of office of Governor-General
(1) An office of Governor-General of Tuvalu is established.
(2) The Governor-General is the representative of the Sovereign.
84 Composition of Parliament
(1) Subject to subsection (3), Parliament shall consist of such number of members as is fixed by or under an Act of Parliament and a Bill for an Act to amend the number of members so fixed shall not be passed by Parliament unless it is supported at its Third Reading by the votes of not less than two-thirds of the members of Parliament.
(3) The number of members of Parliament shall not be less than sixteen.
(5) Nothing in this Constitution prevents an Act of Parliament from making special provision for the representation of a part of Tuvalu with special electoral problems, or related problems.
140 The Falekaupule
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.
