Tuvalu 1986 Constitution (reviewed 2010) - Page 4 of 17

Table of Contents

DIVISION 3. PROTECTION OF THE FUNDAMENTAL RIGHTS ANDFREEDOMS

Subdivision A. Protection Generally

16. Life

Subject to the provisions of this Part, and in particular to-
1. subsection (2); and
2. section 32 (foreign disciplined forces); and
3. section 33 (hostile disciplined forces),
no-one shall be killed intentionally.
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-
1. for the defence of any person from violence; or
2. for the defence of property; or
3. in order to effect a lawful arrest or to prevent the escape of any person lawfully detained; or
4. for the purpose of suppressing a riot, rebellion or mutiny; or
5. in order to prevent him from committing an offence,
or if he dies as the result of a lawful act of war.

17. Personal liberty

Subject to the provisions of this Part, and in particular to-
1. the succeeding provisions of this section; and
2. section 31 (disciplined forces of Tuvalu); and
3. section 32 (foreign disciplined forces); and
4. section 33 (hostile disciplined forces); and
5. section 36 (restrictions on certain rights and freedoms during public emergencies),
no-one shall be detained except-
1. with his consent; or
2. as authorized by law in the cases set out in subsection (2).
Subsection (1) (g) applies in the following cases-
1. in the case of a person under the age of 18 years – in the reasonable exercise of the authority of a parent, teacher or guardian, or under the order of a court for the purpose of his education, welfare or proper discipline; or
2. under a warrant or order of a court; or
3. for the purposes of extradition; or
4. in order to bring the person before a court to be dealt with in accordance with law; or
5. in the case of detention of a person on reasonable suspicion of his having committed, or being about to commit, an offence; or
6. in the case of reasonable temporary detention of a person for the avoidance of actual or apprehended violence, disorder or breach of the peace; or
7. in the case of reasonable temporary detention of a person so affected by drink or a drug to make detention desirable for his own protection or that of others; or
8. in the case of detention of a person for quarantine or health purposes; or
9. in the case of detention of a person under the laws relating to unlawful immigration or to deportation; or
10. in the case of detention of a person incidental to the arrest or seizure of a vehicle, vessel or aircraft; or
11. in the case of detention of a person as a prisoner of war or, subject to Division 4 (Public Emergencies), as a civil or military internee in time of war; or
12. in the case of detention of a person required by and for the purposes of any international or multi-national convention, treaty or arrangement to which Tuvalu is a party and which is approved by Parliament, by resolution, for the purposes of this paragraph; or
13. in the case of restrictions on liberty or detention of a person permitted by section 26 (freedom of movement) or Division 4 (Public Emergencies).
A person who is detained shall be informed as soon as practicable, and in a language that he understands, of the reason for his detention.
A person who is detained-
1. for the purpose of bringing him before a court; or
2. on reasonable suspicion of having committed, or being about to commit, an offence; or
3. for temporary purposes, in accordance with subsection (2)(f) or (g), and who is not released, shall be brought without undue delay before a court, and unless the court, in accordance with law, orders his continued detention it shall order his release.
If a person detained on suspicion of having committed an offence is not tried within a reasonable time, he shall be released either unconditionally or on reasonable conditions (including in particular conditions reasonably necessary to ensure that he appears for trial or for proceedings preliminary to trial).
A release under subsection (5) does not prevent further proceedings being brought, in accordance with law, against the released person.

18. Slavery and forced labour

Subject to the provisions of this Part, and in particular to-
1. the succeeding provisions of this section; and
2. section 32 (foreign disciplined forces); and
3. section 33 (hostile disciplined forces); and
4. section 36 (restrictions on certain rights and freedoms during public emergencies),
no-one shall-
1. be held in slavery or servitude; or
2. be required to perform forced labour.
For the purposes of this section-
1. slavery or servitude includes slavery or servitude within the meaning of any international or multinational convention or treaty prohibiting slavery or servitude to which Tuvalu is a party; and
2. forced labour does not include-
  1. labour required by or in consequence of the sentence or order of a court; or
  2. labour required in accordance with law of a person while he is lawfully detained that is reasonably necessary in the interests of hygiene or for the maintenance of the place where he is detained; or
  3. labour required in accordance with law of a member of a disciplined force as a member of that force; or
  4. in the case of a person who proves that he has a conscientious objection to compulsory service as a member of a naval, military or air force – labour which he is required by law to perform in place of such service; or
  5. labour required in accordance with law-
    1. during a period of public emergency within the meaning of Division 4 (Public Emergencies); or
    2. in the event of any other emergency or calamity that threatens the life or well-being of the community or a part of the community, to the extent that the requirement is reasonably justified for the purpose of dealing with any situation arising or existing by reason of the public emergency or the other emergency or calamity; or
  6. in the case of a person under the age of 18 years – labour required in the reasonable exercise of the authority of a parent, teacher or guardian; or
  7. labour reasonably required as part of reasonable and normal traditional, communal or civic obligations, including any service required in accordance with section 23(7) (which relates to the performance of certain services instead of other traditional, etc., obligations).

19. Inhuman treatment

Subject to the provisions of this Part, and in particular to-

section 32 (foreign disciplined forces); and
section 33 (hostile disciplined forces),

no-one shall-

be tortured; or
given inhuman or degrading punishment or treatment.

20. Property rights

In this section-“deprivation”, in relation to any property, includes-
1. the using or taking away of possession of it, or the exercise of rights over or in respect of it; and
2. its destruction; and
3. the making of it useless or valueless for the purposes for which it was used; and
4. its transfer to another person;
“property” includes an interest in property, whether or not the interest was inexistence immediately before the deprivation.
Subject to the provisions of this Part, and in particular to-
1. section 31 (disciplined forces of Tuvalu); and
2. section 32 (foreign disciplined forces); and
3. section 33 (hostile disciplined forces),
no-one shall be deprived of property except-
1. with his consent; or
2. in accordance with the succeeding provisions of this section.
The deprivation must be authorized by or under an Act of Parliament.
The deprivation must be for a purpose declared by or under an Act of Parliament to be a public purpose.
There must be a sufficient reason for the causing of any hardship that may result to any person having an interest in or a right over the property (whether the interest or right is present or future, actual or potential).
Adequate compensation shall be promptly made.
A person having an interest in or a right over the property (whether the interest or right is present or future, actual or potential) may apply to the High Court, or to any other court having jurisdiction in the matter, for the determination of-
1. his interest or right; and
2. the legality of the deprivation; and
3. the compensation due under subsection (6),
and for the purpose of obtaining prompt settlement of the compensation.
For the purposes of subsections (6) and (7), compensation need not be wholly or even partly in money.
Nothing in or done under a law shall be considered to be inconsistent with this section-
1. to the extent that the law makes provision for deprivation of property-
  1. in satisfaction of any liability to taxation; or
  2. by way of penalty for a breach of the law, or of forfeiture inconsequence of a breach of the law; or
  3. as an incident of-
    1. a permit, licence or other authority affecting the property; or
    2. the creation or acceptance of an interest in or over the property; or
  4. in the execution of a judgment or an order of a court in proceedings for the determination of civil rights or obligations; or
  5. where it is reasonably necessary to do so because the property, or some other property, is or may be in a dangerous state or injuries to the health of humans, animals or plants; or
  6. in consequence of a law relating to-
    1. the limitation of actions; or
    2. acquisition by prescription or adverse possession, or any similar matter; or
  7. for so long only as is necessary for the purposes of any examination, investigation, trial or inquiry; or
  8. in the case of land – for so long only as is necessary for the carrying out on it of-
    1. work of conservation of natural resources; or
    2. work relating to agricultural development or improvement that the owner or occupier of the land has been required, in accordance with law, to carry out and has, without reasonable excuse, failed to carry out; or
    3. any survey to determine the existence or extent of mineral (including petroleum) resources; or
2. to the extent that the law makes provision for depriving a person of-
  1. enemy property; or
  2. property of-
    1. a deceased person; or
    2. a person of unsound mind; or
    3. a person who has not attained the age of 18 years; or
    4. a person who is absent from Tuvalu,
    for the purpose of its administration for the benefit of the persons entitled to the benefit of it; or
  3. property of a person declared to be insolvent, or of a body corporate in liquidation, for the purposes of its administration for the benefit of-
    1. the creditors of the insolvent or body corporate; and
    2. subject to the interests of the creditors – the persons entitled to the benefit of it; or
  4. property subject to a trust-
    1. for the purpose of vesting the property in the trustees of the property; or
    2. by order of a court – for the purpose of giving effect to the trust; or
  5. shares in a body corporate pursuant to any take-over bid, scheme of arrangement or in other similar circumstances.
Nothing in this section prevents a body corporate established by a law from being deprived, in accordance with law, of any property by a person or governmental body who or which is the only investor in the body corporate.

21. Privacy of home and property

Subject to the provisions of this Part, and in particular to-
1. subsection (2); and
2. section 31 (disciplined forces of Tuvalu); and
3. section 32 (foreign disciplined forces); and
4. section 33 (hostile disciplined forces); and
5. section 36 (restrictions on certain rights and freedoms during public emergencies),
except with his consent no-one shall be subjected to-
1. the search of his person; or
2. the search of his property; or
3. entry by others on his property.
Nothing in or done under a law shall be considered to be inconsistent with this section to the extent that the law makes provision for search or entry for a purpose declared by or under an Act of Parliament to be a public purpose for the purposes of this section, or-
1. for the purpose of protecting the rights or freedoms of others; or
2. for the purpose of authorizing an officer or agent of-
  1. a governmental body; or
  2. a body corporate established by law for a public purpose, to enter on the property of any person-
  3. in order to inspect the property or anything on it for the purposes of any law providing for taxation; or
  4. in order to carry out any work connected with any thing that is lawfully on the property and that belongs to the governmental body or body corporate, as the case may be; or
3. for the purpose of authorizing the entry on any property under an order of a court for the purpose of enforcing a judgment or order of a court; or
4. for the purpose of authorizing the entry on any property for the purpose of-
  1. preventing or detecting the commission of an offence; or
  2. administering, policing or enforcing a law (including a revenue law); or
5. as permitted by section 20 (property rights).

22. Protection of law

This section shall be read subject to the provisions of this Part, and in particular to-
1. section 31 (disciplined forces of Tuvalu); and
2. section 32 (foreign disciplined forces); and
3. section 33 (hostile disciplined forces).
If a person is charged with an offence, unless the charge is withdrawn he shall be given a fair hearing within a reasonable time by an independent and impartial court established by law.
A person charged with an offence-
1. subject to subsection (14)(a), shall be presumed to be innocent until-
  1. he is proved guilty; or
  2. he has pleaded guilty and the plea has been accepted by the court; and
2. shall be informed as soon as practicable, in detail and in a language that he understands, of the precise nature and particulars of the offence charged, and if the information is not given in writing it shall be confirmed in writing as soon as practicable; and
3. shall be given adequate time and facilities for the preparation of his defence, including time to study and fully understand the precise charge against him, and its possible consequences; and
4. shall be given reasonable facilities to consult, at his own expense, a representative of his own choice; and
5. shall be permitted to defend himself before the court in person or, at his own expense, by a representative of his own choice; and
6. subject to subsection (14)(b), shall be given adequate facilities-
  1. to examine, in person or by his representative, the witnesses called before the court by the prosecution; and
  2. to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on conditions no less advantageous than those applying to witnesses called by the prosecution; and
7. shall be permitted to have without payment the assistance of a competent interpreter, if he cannot adequately understand the language used at the trial or any part of the trial.
Except with his consent, the trial shall not take place in his absence unless-
1. he behaves in such a way as to make it impracticable or unreasonable to continue the proceedings in his presence; and
2. the court orders his removal and the continuance of the trial in his absence.
When a person is tried for an offence, the accused person or a person authorized by him for the purpose is entitled, on request and on payment of such reasonable fee (if any) as is prescribed, to be given within a reasonable time after judgment a copy, for the use of the accused person, of any record of the proceedings made by or on behalf of the court.
No-one shall be convicted of an offence on account of an act that was not, at the time of the doing of the act, an offence or a legal element of an offence.
No penalty shall be imposed for an offence that is more severe in amount or in kind than the maximum that might have been imposed for the offence at the time when it was committed.
Subject to subsection (14)(c), no-one who shows that he has been tried for an offence by a competent court and was either-
1. convicted; or
2. acquitted,
shall again be tried for-
1. the same offence; or
2. any other offence of which he could have been convicted at the trial of that offence, except on the order of a superior court in the course of appeal or review proceedings relating to the conviction or acquittal.
No-one shall be tried for an offence if he shows that-
1. he has been pardoned for the offence; and
2. if the pardon was a conditional pardon, he has complied with the conditions of the pardon.
No-one who is tried for an offence shall be compelled to give evidence at the trial.
A court or other adjudicating authority prescribed by law for the determination of the existence or extent of a civil right or obligation shall be-
1. established or recognised by law; and
2. independent and impartial,
and where proceedings for such a determination are instituted by a person before such a court or authority the case shall be given a fair hearing within a reasonable time.
Subject to subsection (13), except with the consent of all the parties to the proceedings-
1. all proceedings before a court; and
2. all proceedings before any other adjudicating authority for the determination of the existence or extent of any civil right or obligation,
including the announcement of the decision, shall be held in public.
Subsection (12) does not prevent the court or other authority from excluding from the proceedings persons other than the parties, and the representatives in the proceedings of the parties, to such extent as the court or authority-
1. is by law empowered to do so and thinks it necessary or desirable to do so-
  1. if publicity would not be in the interests of justice; or
  2. in interlocutory proceedings, that is to say, in proceedings of a kind described in subsection (16); or
  3. in the interests of-
    1. decency; or
    2. public morality; or
    3. the welfare of persons under the age of 18 years; or
    4. the protection of the privacy of persons concerned in the proceedings; or
2. is by law empowered or required to do so in the interests of-
  1. defence; or
  2. public safety; or
  3. public order.
Nothing in or done under a law shall be considered to be inconsistent with-
1. subsection (3)(a) – to the extent that the law imposes upon a person charged with an offence the burden of proving or disproving certain facts which are particularly within his knowledge or his capacity to prove or disprove; or
2. subsection (3)(f) – to the extent that the law imposes reasonable conditions that must be satisfied if witnesses called on behalf of an accused person are to be paid expenses out of public funds; or
3. subsection (8) – subject to subsection (15), to the extent that the law authorizes a court to try a member of a disciplined force even though he has been tried and either-
  1. convicted; or
  2. acquitted,
under the disciplinary law of that force.
In a case to which subsection 14(c) applies, the court that tries the member shall, in sentencing him to punishment, take into account any punishment given to him under the disciplinary law.
In subsection (13)(a)ii), “interlocutory proceedings” refers to any judicial proceedings that-
1. occur during or for the purposes of some other legal proceedings(referred to in this subsection as “the principal proceedings”); and
2. are incidental to the principal proceedings; and
3. do not finally dispose of the principal proceedings.

23. Freedom of belief

Subject to the provisions of this Part, and in particular to-
1. the succeeding provisions of this section; and
2. section 29 (protection of Tuvaluan values, etc.); and
3. section 31 (disciplined forces of Tuvalu); and
4. section 32 (foreign disciplined forces); and
5. section 33 (hostile disciplined forces); and
6. section 36 (restrictions on certain rights and freedoms during public emergencies),
except with his consent no-one shall be hindered in the exercise of his freedom of belief.
For the purposes of this section, freedom of belief includes-
1. freedom of thought, religion and belief; and
2. freedom to change religion or belief; and
3. 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.
A religious community is entitled, at its own expense-
1. to establish and maintain places of education; and
2. subject to the maintenance of any minimum prescribed educational standards, to manage any place of education that it wholly maintains; and
3. subject to subsection (4), to provide religious instruction for members of the community in the course of any education that it provides.
Except with his consent, no-one attending a place of education shall be required-
1. to receive religious instruction; or
2. 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.
No-one shall be compelled-
1. to take an oath or make an affirmation that is contrary to his religion or belief, or
2. to take an oath or make an affirmation in any manner that is contrary to his religion or belief.
Nothing in or done under a law shall be considered to be inconsistent with this section to the extent that the law makes provision which is reasonably required-
1. in the interests of-
  1. defence; or
  2. public safety; or
  3. public order; or
  4. public morality; or
  5. public health; or
2. for the purpose of protecting the rights or freedoms of other persons, including the right to observe and practise any religion or belief without the unsolicited intervention of members of any other religion or belief.
Nothing in or done under a law shall be considered to be inconsistent with this section to the extent that the law makes reasonable provision-
1. requiring a person who proves that he has a conscientious objection to performing some reasonable and normal traditional, communal or civic obligation, or to performing it at a particular time or in a particular way, to perform instead, some reasonably equivalent service of benefit to the community; or
2. for the exclusion of such a person and his household from any benefit arising out of the performance of those obligations by others until the equivalent service has been performed.
The protection given by this section to freedom of religion or belief applies equally to freedom not to have or hold a particular religion or belief, or any religion or belief.
A reference in this section to a religion includes a reference to a religious denomination and to the beliefs of a religion or religious denomination.

24. Freedom of expression

Subject to the provisions of this Part, and in particular to-
1. subsection (3); and
2. section 29 (protection of Tuvaluan values, etc.); and
3. section 30 (provisions relating to certain officials); and
4. section 31 (disciplined forces of Tuvalu); and
5. section 32 (foreign disciplined forces); and
6. section 33 (hostile disciplined forces); and
7. section 36 (restrictions on certain rights and liberties during public emergencies),
except with his consent no-one shall be hindered in the exercise of his freedom of expression.
For the purposes of this section, freedom of expression includes-
1. freedom to hold opinions without interference; and
2. freedom to receive ideas and information without interference; and
3. freedom to communicate ideas and information without interference; and
4. freedom from interference with correspondence.
Nothing in or done under a law shall be considered to be inconsistent with subsection (1) to the extent that the law makes provision-
1. in the interests of-
  1. defence; or
  2. public safety; or
  3. public order; or
  4. public morality; or
  5. public health; or
2. for the purpose of-
  1. protecting the reputations, rights or freedoms of other persons; or
  2. protecting the privacy of persons concerned in legal proceedings; or
  3. preventing the disclosure of information received in confidence; or
  4. maintaining the authority or independence of the courts; or
  5. regulating the administration or the technical operation of posts or telecommunications.

25. Freedom of assembly and association

Subject to the provisions of this Part and in particular to-
1. subsection (3); and
2. section 29 (protection of Tuvaluan values, etc.); and
3. section 30 (provisions relating to certain officials); and
4. section 31 (disciplined forces of Tuvalu); and
5. section 32 (foreign disciplined forces); and
6. section 33 (hostile disciplined forces); and
7. section 36 (restrictions on certain rights and freedoms during public emergencies),
except with his consent no-one shall be hindered in the exercise of his freedom of assembly and association.
For the purposes of this section, freedom of assembly and association includes-
1. the right to assemble freely and to associate with other persons; and
2. the right to form or belong to political parties; and
3. the right, as regulated by law, to form or belong to trade unions or other associations for the protection or advancement of one’s interests.
Nothing in or done under a law shall be considered to be inconsistent with subsection (1) to the extent that the law makes provision-
1. in the interests of-
  1. defence; or
  2. public safety; or
  3. public order; or
  4. public morality; or
  5. public health; or
2. for the purpose of protecting the rights or freedoms of other persons.

26. Freedom of movement

Subject to the provisions of this Part, and in particular to-
1. the succeeding provisions of this section; and
2. section 29 (Protection of Tuvaluan values, etc.); and
3. section 30 (provisions relating to certain officials); and
4. section 31 (disciplined forces of Tuvalu); and
5. section 32 (foreign disciplined forces); and
6. section 33 (hostile disciplined forces); and
7. section 36 (restrictions on certain rights and freedoms during public emergencies),no-one shall be deprived of-
8. the right to move freely throughout Tuvalu; or
9. the right to reside anywhere in Tuvalu; or
10. the right to enter and to leave Tuvalu,and no-one shall be expelled from Tuvalu.
No restriction on the rights of a person under subsection (1) that is involved in his lawful detention shall be considered to be inconsistent with that subsection.
Nothing in or done under a law shall be considered to be inconsistent with subsection (1) to the extent that the law makes provision-
1. in respect of-
  1. the entry into Tuvalu of a person who is not a citizen of Tuvalu; or
  2. the movement within Tuvalu of a person referred to in subparagraph (i); or
  3. the residence in Tuvalu of a person referred to in subparagraph (i); or
  4. the exclusion or expulsion from Tuvalu of a person referred to in subparagraph (i); or
2. for the imposition of restrictions on-
  1. the movement within Tuvalu, or the residence in Tuvalu, of any person; or
  2. the right of any person to leave Tuvalu,
  that are reasonably required in the interests of
  1. defence; or
  2. public safety; or
  3. public order; or
3. for the imposition of restrictions on-
  1. the movement within, Tuvalu or the residence in Tuvalu; or
  2. the right to leave Tuvalu,
  of persons generally or of any class of persons, being restrictions that are reasonably required in the interests of-
  1. defence; or
  2. public safety; or
  3. public order; or
  4. public morality; or
  5. public health; or
  6. conservation of the environment; or
4. imposing restrictions on-
  1. the movement within Tuvalu; or
  2. the residence in any part of Tuvalu,
  of any class of person where such restrictions are reasonably required to meet the special circumstances of a part of Tuvalu, for example-
  1. overcrowding or potential overcrowding; or
  2. a shortage or potential shortage of resources; or
  3. the disruption or potential disruption of the local economy, ecology or distinctive culture; or
5. for the imposition of restrictions on the use of any land in Tuvalu; or
6. for the imposition of restrictions on the right of any person to leave, or move within, Tuvalu, in order to secure the fulfilment of any obligation imposed on him by law; or
7. for the imposition of restrictions on the movement within Tuvalu, or the residence in Tuvalu, of a person in circumstances that would justify depriving him of his liberty under section 17 (personal liberty).
If a person whose rights under subsection (1) have been restricted by virtue only of a law to which subsection (3)(b) applies so requests at any time-
1. during the period of restriction; and
2. not earlier than six months after he last made such a request during that period,
his case shall be reviewed by an independent and impartial tribunal established by law and presided over by a person who-
1. is qualified to practise before the High Court; and
2. is appointed by the Chief Justice for the purpose.
On a review under subsection (4) the tribunal may make to the appropriate authority recommendations concerning the necessity or desirability of continuing the restriction, but unless it is otherwise provided by law that authority is not obliged to act in accordance with any such recommendation.

27. Freedom from discrimination

In this section, discrimination refers to the treatment of different people indifferent ways wholly or mainly because of their different-
1. races; or
2. places of origin; or
3. political opinions; or
4. colours; or
5. religious beliefs or lack of religious beliefs,
in such a way that one such person is for some such reason given more favourable treatment or less favourable treatment than another such person.
Subject to the provisions of this Part, and in particular to-
1. the succeeding provisions of this section; and
2. section 29 (Protection of Tuvaluan values, etc.); and
3. section 31 (disciplined forces of Tuvalu); and
4. section 32 (foreign disciplined forces); and
5. section 33 (hostile disciplined forces); and
6. section 36 (restrictions on certain rights and freedoms during public emergencies),
no-one shall be treated in a discriminatory manner.
Subsection (2) does not apply to a law so far as it makes provision-
1. for the imposition of taxation by the Government or a local government or authority; or
2. the spending of money by the Government or a local government or authority; or
3. with respect to persons who are not citizens of Tuvalu; or(d) in respect of-
  1. adoption; or
  2. marriage; or
  3. divorce; or
  4. burial; or
  5. any other such matter,
  in accordance with the personal law, beliefs or customs of any person or group; or
4. in relation to land; or
5. by which any person or group may be given favourable treatment or unfavourable treatment which, having regard to the nature of the treatment and to any special circumstances of the person or group, is reasonably justifiable in a democratic society having a proper respect for human rights and dignity.
Nothing in a law shall be considered to be inconsistent with subsection (2) to the extent that it makes provision for-
1. standards or qualifications (not specifically related to any matter referred to in subsection (1)(a)-(e)) for appointment to any office or position in-
  1. a State Service; or
  2. a disciplined force; or
  3. the service of a local government or authority; or
  4. a body corporate established by law for a public purpose, or the service of such a body; or
2. localization within the meaning of section 142 (localization).
Subsection (2) does not affect the exercise of any discretion relating to the institution, conduct or discontinuance in a court of any proceedings that is vested in any person or authority by or under this Constitution or any other law.
Nothing in or done under a law shall be considered to be inconsistent with subsection (2) to the extent that the law provides that any person may be subjected to any restriction on the rights and freedoms guaranteed by-
1. section 21 (privacy of home and property); and
2. section 23 (freedom of belief); and
3. section 24 (freedom of expression); and
4. section 25 (freedom of assembly and association); and
5. section 26 (freedom of movement); and
6. section 28 (other rights and freedoms),
to the extent authorized by that section.
Subject to section 12(2) (which relates to harsh, oppressive or otherwise unlawful acts) and 15 (definition of “reasonably justifiable in a democratic society”) and to any other law, no act that-
1. is in accordance with Tuvaluan custom; and
2. is reasonable in the circumstances,
shall be considered to be inconsistent with subsection (2).
Nothing in or done under a law shall be considered to be inconsistent with subsection (2)-
1. if the law was in force in Tuvalu immediately before the date on which this Constitution took effect; or
2. to the extent that the law repeals and re-enacts any provision that has been contained in a law in force in Tuvalu at all times since that date.

28. Other rights and freedoms

The fact that certain rights and freedoms are referred to in this Constitution does not mean that there may not be other rights and freedoms retained by the people or conferred by law.

Subdivision B

Special Exceptions

29. Protection of Tuvaluan values, etc

The Preamble acknowledges that Tuvalu is an Independent State based on Christian principles, the Rule of Law, Tuvaluan values, culture and tradition, and respect for human dignity.
This includes recognition of-
1. the right to worship, or not to worship, in whatever way the conscience of the individual tells him; and
2. the right to hold, to receive and to communicate opinions, ideas and information.
Within Tuvalu, the freedoms of the individual can only be exercised having regard to the rights or feelings of other people, and to the effect on society.
It may therefore be necessary in certain circumstances to regulate or place some restrictions on the exercise of those rights, if their exercise-
1. may be divisive, unsettling or offensive to the people; or
2. may directly threaten Tuvaluan values or culture.
Subject to section 15 (definition of “reasonably justifiable in a democratic society”) nothing contained in a law or done under a law shall be considered to be inconsistent with section 23 (freedom of belief); or section 24 (freedom of expression); or section 25 (freedom of assembly and association); or section 26 (freedom of movement); or section 27 (freedom from discrimination) to the extent the law makes provision regulating or placing restrictions on any exercise of the right-
1. to spread beliefs; or
2. to communicate opinions, ideas and information;
if the exercise of that right may otherwise conflict with subsection (4).

30. Provisions relating to certain officials

Subject to section 15 (definition of “reasonably justifiable in a democratic society”) nothing in-
1. section 24 (freedom of expression); or
2. section 25 (freedom of assembly and association); or
3. section 26 (freedom of movement),
prevents the inclusion in the terms and conditions of employment of any member of a State Service of reasonable requirements, related to his office or position in that Service, as to-
1. his communications or associations with other persons; or
2. his movements or residence.
The terms and conditions of employment referred to in subsection (1) include-
1. all terms and conditions that are applicable to or in relation to a member of a State Service while he is a member of the Service; and
2. all terms and conditions related to membership of the service that are applicable to or in relation to a former member of a State Service; and
3. all terms and conditions of a kind referred to in paragraph (a) or (b) that are applicable to or in relation to him because of his consent.
Subsection (1) and (2) apply whether a term or condition of employment is contained in-
1. a contract or agreement of employment (whether written or oral); or
2. an Act of Parliament, or any regulation or other subsidiary legislation made under an Act; or
3. general administrative orders or any similar instruction or instrument,
that is applicable to or in relation to him.

31. Disciplined forces of Tuvalu

Subject to section 15 (definition of “reasonably justifiable in a democratic society”), in relation to a person who is a member of a disciplined force of Tuvalu nothing contained in or done under the disciplinary law of that force shall be considered to be inconsistent with any provision of Subdivision A of this Division, other than-

section 16 (life); or
section 18 (slavery and forced labour); or
section 19 (inhuman treatment).

32. Foreign disciplined forces

In relation to a person who-

is a member of a disciplined force of a foreign country or is, as recognized by or under an Act of Parliament, a person otherwise subject to the disciplinary law of such a force; and
is present in Tuvalu under arrangements made between the Government of Tuvalu and the Government of another country or an international organization,nothing contained in the disciplinary law of that force shall be considered to be inconsistent with any provision of this Part.

33. Hostile disciplined forces

Nothing done in relation to a person who is a member of a disciplined force of a country with which Tuvalu is at war, and no law, to the extent that it authorizes the doing of any such thing shall be considered to be inconsistent with any provision of this Part.