Tuvalu

Overview

Tuvalu consists of nine coral atolls in the South Pacific Ocean about half way between Hawaii and Australia.
In 1974, ethnic differences within the British colony of the Gilbert and Ellice Islands caused the Polynesians of the Ellice Islands to vote for separation from the Micronesians of the Gilbert Islands. The following year, the Ellice Islands became the separate British colony of Tuvalu. Independence was granted in 1978.

Government

Tuvalu is a constitutional monarchy with a parliamentary democracy. The Head of State is H.M Queen Elizabeth II who is represented by the Governor General (Filoimea Telito). The Head of Government is the Prime Minister (Apisai Ielemia) who along with the Deputy Prime Minister is elected from members of Parliament. The Cabinet is appointed by the Governor General on the recommendation of the Prime Minister. The unicameral Parliament or Fale I Fono, also called House of Assembly has 15 seats with members elected by popular vote to serve four-year terms.

Demography

In July 2007 the population of Tuvalu was estimated to be 11,992. The median age is 24.9 years. The average annual income is estimated to be US $1,600.

Economy

Tuvalu has no known mineral resources and few exports. Subsistence farming and fishing are the primary economic activities. Fewer than 1,000 tourists, on average, visit Tuvalu annually. Government revenues largely come from the sale of stamps and coins and remittances from seamen on merchant ships abroad. About 1,000 Tuvaluans are being repatriated from Nauru, with the decline of phosphate resources there.

Substantial income is received annually from an international trust fund established in 1987 by Australia, NZ, and the UK and supported also by Japan and South Korea. The US Government is also a major revenue source for Tuvalu because of payments from a 1988 treaty on fisheries.

Legal System

Court structure and the legal system

In addition to the traditional court structure the court system is constituted of Island Courts – these are subordinate to the magistrate’s courts and presided over by island magistrates. Their jurisdiction is limited to the boundaries of the island on which they were established, inland and adjacent waters. They can hear petitions for divorce, claims in contract and tort for amounts not exceeding $60 maintenance applications and custody application.

The Privy Council has jurisdiction to hear appeals from decisions of the Court of Appeal with leave from that court.

Determination of disputes as to customary land is determined by the Lands Court at first instance, with appeal to the Lands Court Appeal Panel, then to the Senior Magistrate and then the High Court (but only on questions of law).

Judiciary

The Court of Appeal consists of the judges of the High Court and not less than three judges of appeal.  The High Court is a superior court of record and is constituted by the Chief Justice. The Magistrates’ court is divided into two levels – the Senior Magistrate and the magistrate.

Custom and the influence on the legal system

By virtue of the Laws of Tuvalu Act 1987 s 42(2) in addition to the Constitution, the laws of Tuvalu comprise customary law. The Laws of Tuvalu Act 1987 Schedule 1 paragraph 3 and 4 require that courts must take customary law into account when considering specified matters in criminal and civil proceedings.