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 , is . 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 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 is the only member of the royal family with any constitutional role.
All executive authority is vested in the monarch, and royal assent is required for the Tuvaluan Parliament to enact laws and for letters patent and Orders in Council to have legal effect. Most of the powers are exercised by the elected members of parliament, the ministers of the Crown generally drawn from amongst them, and the judges and justices of the peace. Other powers vested in the monarch, such as dismissal of a prime minister, are significant but are treated only as reserve powers and as an important security part of the role of the monarchy.
The sovereign is recognised in the Constitution of Tuvalu as a symbol of the unity and identity of Tuvalu. The Crown primarily functions as a guarantor of continuous and stable governance and a nonpartisan safeguard against the abuse of power. While some powers are exercisable only by the sovereign, most of the monarch's operational and ceremonial duties are exercised by his representative, the governor-general of Tuvalu.
Origin
The Ellice Islands became a British protectorate under the Western Pacific High Commission in 1892. They were administered via a resident commissioner based in the Gilbert Islands and later as part of the combined Gilbert and Ellice Islands Colony from 1916.
From the 1960s, racial tensions and rivalries over employment emerged between Gilbertese and Ellice Islanders, who were of Polynesian and Micronesian origin respectively and spoke different languages. Ellice Islanders' demands for secession resulted in a referendum in 1974, which led to the separation of the Gilbert Islands and the Ellice Islands. The Ellice Islands were renamed as "Tuvalu", by the Tuvaluan Order 1975, which took effect on 1 October 1975 and recognised Tuvalu as a separate British dependency with its own government. On 1 January 1976, separate administrations were created out of the civil service of the Gilbert and Ellice Islands Colony.
Tuvalu achieved full independence in 1978 as a sovereign state and an independent constitutional monarchy within the Commonwealth, with Elizabeth II as Queen of Tuvalu. The independence constitution provided that Queen Elizabeth II was, at the "request of the people of Tuvalu", the sovereign and head of state of the country.
Princess Margaret arrived in September 1978 to represent the Queen at the independence celebrations. Her visit was cut short, however, as she was suffering from viral pneumonia; her Private Secretary, Lord Napier, had to take her place at the ceremony. On independence day, 1 October, Lord Napier handed over the instruments of independence to the new Governor-General and read out the Princess's speech, while the Queen's Commissioner, Tom Layng, read the Queen's message to the people of Tuvalu.
The Tuvaluan Crown and its aspects
Tuvalu is one of 15 independent nations, known as Commonwealth realms, which shares its sovereign with other monarchies in the Commonwealth of Nations, with the monarch's relationship with Tuvalu completely independent from his position as monarch of any other realm; despite sharing the same person as their respective monarch, each of the Commonwealth realms, including Tuvalu, is sovereign and independent of the others. The Tuvaluan monarch is represented in the country by a viceroy, the governor-general of Tuvalu.The Queen's role in Tuvalu
Since Tuvaluan independence in 1978, the pan-national Crown has had both a shared and a separate character and the sovereign's role as monarch of Tuvalu is distinct to his or her position as monarch of any other realm, including the United Kingdom.Queen and Tuvalu The monarchy thus ceased to be an exclusively British institution and in Tuvalu became a Tuvaluan, or "domesticated" establishment.
This division is illustrated in a number of ways: The sovereign, for example, holds a unique Tuvaluan title and, when he is acting in public specifically as a representative of Tuvalu, uses, where possible, Tuvaluan symbols, including the country's national flag, unique royal symbols, and the like. Also, only Tuvaluan government ministers can advise the sovereign on matters of the country.
In Tuvalu, the legal personality of the state is referred to as the Crown in Right of Tuvalu.
Title The Royal Style and Title Act 1987, passed by the Tuvaluan Parliament, granted separate style and titles to Queen Elizabeth II for use in relation to Tuvalu. Thereafter, the Queen's official Tuvaluan style and titles became: Elizabeth the Second, by the Grace of God Queen of Tuvalu and of Her other Realms and Territories, Head of the Commonwealth. Since the accession of King Charles III, the monarch's title is: Charles the Third, by the Grace of God King of Tuvalu and of His other Realms and Territories, Head of the Commonwealth.
This style communicates Tuvalu's status as an independent monarchy, highlighting the monarch's role specifically as sovereign of Tuvalu, as well as the shared aspect of the Crown throughout the Commonwealth. Typically, the sovereign is styled "King of Tuvalu", and is addressed as such when in Tuvalu, or performing duties on behalf of Tuvalu abroad.Queen and Tuvalu
Succession
Succession is by absolute primogeniture, governed by the provisions of the Succession to the Crown Act 2013, as well as the Act of Settlement, 1701 and the Bill of Rights, 1689. This legislation limits the succession to the natural (i.e. non-adopted), legitimate descendants of Sophia, Electress of Hanover, and stipulates that the monarch cannot be a Roman Catholic and must be in communion with the Church of England upon ascending the throne. Though these constitutional laws, as they apply to Tuvalu, still lie within the control of the British Parliament, both the United Kingdom and Tuvalu cannot change the rules of succession without the unanimous consent of the other realms, unless explicitly leaving the shared monarchy relationship; a situation that applies identically in all the other realms and which has been likened to a treaty amongst these countries.
Upon a demise of the Crown (the death or abdication of a sovereign), it is customary for the accession of the new monarch to be publicly proclaimed by the governor-general in the capital, Funafuti, after the accession. Regardless of any proclamations, the late sovereign's heir immediately and automatically succeeds, without any need for confirmation or further ceremony. An appropriate period of mourning also follows, during which flags across the country are flown at half-mast to honour the late monarch. A state memorial service is likely to be held to commemorate the late monarch.
Personification of the state
Section 51 of the Constitution of Tuvalu, which states that the head of state is recognised as a symbol of the unity and identity of Tuvalu. The functions of the head of state are set out in sections 52 and 53 of the Constitution.
The sovereign is the locus of oaths of allegiance, required of many employees of the Crown, as well as by new citizens, as per the Citizenship Act. This is done in reciprocation to the sovereign's Coronation Oath, wherein they promise to govern the peoples of their realms, "according to their respective laws and customs".
Constitutional role and royal prerogative
The constitution of Tuvalu gives the country a parliamentary system of government under a constitutional monarchy, wherein the role of the monarch and governor-general is both legal and practical, but not political. The Crown is regarded as a corporation, in which several parts share the authority of the whole, with the sovereign as the person at the centre of the constitutional construct, meaning all powers of state are constitutionally reposed in the sovereign. The government of Tuvalu is also thus formally referred to as His Majesty's Government.
Most of the monarch's domestic duties are performed by the governor-general, appointed by the monarch on the advice of the prime minister of Tuvalu.
Executive
Part V, section 62 of the Constitution of Tuvalu describes the vesting of the executive authority: (1) The executive authority of Tuvalu is primarily vested in the Sovereign, and the Governor-General as the representative of the Sovereign. (2) The executive authority so vested in the Sovereign shall be exercised in accordance with section 53 (performance of functions by the Head of State).
The prime minister, who heads the Cabinet of Tuvalu, is responsible for advising the monarch or governor-general on how to execute their executive powers over all aspects of government operations and foreign affairs. The monarch's, and thereby the viceroy's, role is almost entirely symbolic and cultural, acting as a symbol of the legal authority under which all governments and agencies operate, while the Cabinet directs the use of the royal prerogative, which includes the privilege to declare war and maintain the King's peace, as well as to summon and prorogue parliament and call elections. However, the royal prerogative belongs to the Crown and not to any of the ministers; though, it might have sometimes appeared that way, and the constitution allows the governor-general to unilaterally use these powers in relation to the dismissal of a prime minister, dissolution of parliament, and removal of a judge in exceptional, constitutional crisis situations. There are also a few duties which are specifically performed by the monarch, such as appointing the governor-general.
The prime minister is elected by the Parliament of Tuvalu in accordance with section 64 of the constitution, with the governor-general calling a meeting of parliament to elect a new prime minister after each general election and in the event of a vacancy. The governor-general appoints a Cabinet at the direction of the prime minister. The monarch is informed by his viceroy of the acceptance of the resignation of a prime minister and the swearing-in of a new prime minister and other members of the ministry, and he remains fully briefed through regular communications from his Tuvaluan ministers.The Queen's Role in Tuvalu Members of various executive agencies and other officials, such as High Court justices, are also appointed by the Crown.
Foreign affairs
The royal prerogative further extends to foreign affairs: the governor-general ratifies treaties, alliances, and international agreements. As with other uses of the royal prerogative, no parliamentary approval is required. However, a treaty cannot alter the domestic laws of Tuvalu; an act of Parliament is necessary in such cases. The governor-general, on behalf of the monarch, also accredits Tuvaluan high commissioners and ambassadors and receives diplomats from foreign states. In addition, the issuance of passports falls under the royal prerogative and, as such, all Tuvaluan passports are issued in the name of the monarch. The first page of a Tuvaluan passport reads:
Parliament