Parliament of Tuvalu Fale i Fono | |
|---|---|
 | |
| Type | |
| Type | |
| Leadership | |
Speaker | |
| Structure | |
| Seats | 16 |
 | |
Political groups | Government (10) |
| Elections | |
| Multiple non-transferable vote | |
Last election | 2024 |
| Meeting place | |
 | |
| Tuvaluan Parliament Chamber | |
| Footnotes | |
| * all candidates for Parliament officially stand asindependents. | |
TheParliament of Tuvalu (calledFale i Fono inTuvaluan, orPalamene o Tuvalu) is theunicameral national legislature ofTuvalu. The place at which the parliament sits is called theVaiaku maneapa.[2] Themaneapa on each island is an open meeting place where the chiefs and elders deliberate and make decisions.[2]
The 16 members of the current parliament are elected from eight two-seat constituencies viaplurality block voting.[3][4][5]
In 1886, anAnglo-German agreement partitioned the "unclaimed" central Pacific, leavingNauru in theGerman sphere of influence, whileOcean Island and the futureGilbert and Ellice Islands colony (GEIC) wound up in the British sphere of influence. The Ellice Islands came underBritain's sphere of influence in the late 19th century, when they were declared a Britishprotectorate by Captain Gibson R.N. ofHMSCuracoa, between 9 and 16 October 1892 and joined with theGilbert Islands. The Ellice Islands were administered as a British protectorate by aResident Commissioner from 1892 to 1916 as part of theGilbert and Ellice Islands protectorate inside theBritish Western Pacific Territories (BWPT), and from 1916 to 1974 as part of theGilbert 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 Elliceanvoted by referendum for separate British dependency status. As a consequence Tuvalu separated from the Gilbert Islands which later becameKiribati.[6] Tuvalu became fully independent within theCommonwealth on 1 October 1978. On 5 September 2000, Tuvalu became the 189th member of theUnited 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:[7]
During Tuvalu's time as a British colony until independence the parliament of Tuvalu was called theHouse of the Assembly orFale i Fono. The parliament was first established when Tuvalu separated from theGilbert and Ellice Islands in 1976. Following independence in October 1978 the House of the Assembly was renamed officially theFale i Fono (unofficially translated byPalamene o Tuvalu).[8]
The elections to the parliament — then called the House of the Assembly — immediately before independence was the1977 Tuvaluan general election; withToaripi Lauti being appointed as prime minister on 1 October 1977 with aGrandfather clause. The parliament was dissolved in July 1978 and thereafter the government of Toaripi Lauti was acting in a caretaker capacity only until the1981 Tuvaluan general election was held.[8]
At the date of independence there were 12 members of the Parliament of Tuvalu.[9] Amendments to the Electoral Provisions (Parliament) Act in 1999 & 2000 increased the membership of parliament to 15 MPs.[10][11] The Electoral Provisions (Parliament) Amendment Act 2019 increased the number of elected representatives for the electorate ofNukulaelae to become 2 MPs, so that each of the 8 island electorates is represented by 2 MPs (Niulakita is represented by the MPs fromNiutao).
In August 2007 the Constitution was changed to increase the number of ministers from 5 to 7.[11][12]
TheConstitution 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.[13] 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.[14][15] The changes placed greater emphasis on Tuvaluan community values rather than Western concepts of individual entitlement.[14]
Section 4 of the Laws of Tuvalu Act 1987 describes theLaw of Tuvalu as being derived from: the Constitution, the law enacted by the Parliament of Tuvalu,customary law, thecommon 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".[15]
The summoning of Parliament is covered bySection 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 the Head of State, acting in accordance with the advice of the Cabinet, appoints".[13] 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 inAmasone v Attorney General.[16]
The exercise of political judgment in the calling of by-elections and the summoning of parliament was again tested in 2013. Prime ministerWilly Telavi delayed calling a by-election following the death of a member fromNukufetau 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.[17][18] The2013 Nukufetau by-election was won by the opposition candidate. TheTuvaluan constitutional crisis continued until August 2013. The governor-generalIakoba Italeli then proceeded to exercise hisreserve powers to order Mr Telavi's removal and appointEnele Sopoaga as interim prime minister.[19][20] The Governor General also ordered that Parliament sit on Friday 2 August to allow a vote of no confidence in Mr Telavi and his government.[21]
The role of the member of the Parliament of Tuvalu in the parliamentary democracy byestablished in the Constitution, and the ability of aFalekaupule (the traditional assembly of elders of each island) to direct an MP as to their conduct as a member, was considered inNukufetau v Metia. TheFalekaupule ofNukufetau directedLotoala Metia, the elected member of parliament, as to which group of members he should join and when this directive was not followed theFalekaupule ordered Metia to resign as a member of parliament.[22] WhenFalekaupule attempted to enforce these directives through legal action, the High Court determined that the Constitution is structured around the concept of a parliamentary democracy;[23] and that "[o]ne of the most fundamental aspects of parliamentary democracy 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 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."[24]
There are no formal parties in Tuvalu. The political system is based on personal alliances and loyalties derived from clan and family connections.[8][11][25] The Parliament of Tuvalu is rare among national legislatures in that it 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 the2010 Tuvaluan general election.[11][25]Maatia Toafa was elected prime minister soon after the election, however on 24 December 2010, he lost office after amotion of no confidence, carried by eight votes to seven,[26] which had the result that a new ministry was formed byWilly Telavi.[27] Telavi retained a majority support in parliament following the2011 Nui by-election, however the2013 Nukufetau by-election was won by the opposition candidate, which resulted in the loss of his majority.[28] Aconstitutional crisis developed when Telavi took the position that, under theConstitution of Tuvalu, he was only required to convene parliament once a year, and was thus under no obligation to summon it until December 2013.[29] 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.[30] On 4 August the parliament electedEnele Sopoaga as prime minister.[30][31] In 2015 the parliament was dissolved with a general election set down for March.[32]
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.[8] The members of parliament serve a four-year term.[33] Each member is elected by popular vote in one of eight island-based constituencies. The Electoral Provisions (Parliament) Amendment Act 2019 increased the number of elected representatives, so that each of the 8 island electorates is represented by 2 MPs. The residents ofNiulakita, the smallest island, are included in the electoral roll forNiutao.
The parliament is responsible for the selection thePrime Minister of Tuvalu from among their ranks and also theSpeaker of Parliament by secret ballot. The Speaker presides over the parliament. The ministers that form theCabinet are appointed by the governor-general on the advice of the prime minister. TheAttorney-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.[8] The current Attorney-General isLaingane Italeli Talia.
Any member of parliament may introduce legislation into parliament, but in practice, as in most partisan systems, this occurs mainly at the behest of the governing Cabinet. Legislation undergoes first, second and third readings before being presented to theGovernor-General of Tuvalu for assent, as in otherWestminster 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.[11]
The under-representation of women in the Tuvalu parliament was considered in a report commissioned by the Pacific Islands Forum Secretariat in 2005.[34] In May 2010, a consultation entitled "Promoting Women in Decision Making" was held inFunafuti, 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.[35] This followed the example ofPapua New Guinea, which had only one female MP at that time, and whoseParliament 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.[36]
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 DrPuakena Boreham from 2015 to 2024. Pelenike Isaia was elected ina by-election in the Nui constituency in 2011 that followed the death of her husbandIsaia Italeli, who was a member of parliament.[37] Pelenike Isaia was not re-elected in the 2015 general election. Dr Puakena Boreham was elected to represent Nui in the 2015 general election,[38][39] 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.[40]
Six new MPs were elected to Tuvalu's 16-member parliament.[41] Significant changes to the composition of the parliament include the incumbent Prime MinisterKausea Natano, as well asPuakena Boreham – the only female member of the legislature – not retaining their seats.[41][42] The formerGovernor General SirIakoba Italeli Taeia was elected as an MP and alsoFeleti Teo, who was the former Executive Director of theWestern and Central Pacific Fisheries Commission (WCPFC).[41][43]
Enele Sopoaga, the prime minister from 2013 to 2019, was re-elected in theNukufetau electorate.[41] Former foreign ministerSimon Kofe retained his seat in the Funafuti electorate.[42][44][43]
No candidates contested the sitting MPsSeve Paeniu andNamoliki Sualiki in the electorate ofNukulaelae, so they were automatically returned to parliament.[45][46][43]
Feleti Teo was appointed asprime minister on 26 February 2024, after he was elected unopposed by the parliament.[47][48] On 27 February, SirIakoba Italeli was elected as theSpeaker of the Parliament of Tuvalu in an uncontested ballot.[1]
Following the2019 Tuvaluan general election, on 19 September 2019, the members of parliament electedKausea Natano as prime minister with a 10-6 majority.[49][50][51]Samuelu Teo was elected asSpeaker of the Parliament of Tuvalu.[52]
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