Study on Acquisition and Loss of Citizenship
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Urban Maori Authorities
TEENA BROWN PULU Minerals and Cucumbers in the Sea: International relations will transform the Tongan state Abstract Constitution law researcher Guy Powles, a Pakeha New Zealander residing in Australia was not optimistic accurate predictions on “the [Tonga] election which is coming up now in November” could be made (Garrett, 2014). “A man would be a fool to try to guess just where the balance will finish up,” he uttered to Jemima Garrett interviewing him for Radio Australia on April 30th 2014 (Garrett, 2014). Picturing the general election seven months away on November 27th 2014, Powles thought devolving the monarch’s executive powers to government by constitutional reform was Tonga’s priority. Whether it would end up an election issue deciding which way the public voted was a different story, and one he was not willing to take a punt on. While Tongans and non-Tongan observers focused attention on guessing who would get into parliament and have a chance at forming a government after votes had been casted in the November election, the trying political conditions the state functioned, floundered, and fell in, were overlooked. It was as if the Tongans and Palangi (white, European) commentators naively thought changing government would alter the internationally dictated circumstances a small island developing state was forced to work under. Teena Brown Pulu has a PhD in anthropology from the University of Waikato. She is a senior lecturer in Pacific development at AUT University. Her first book was published in 2011, Shoot the Messenger: The report on the Nuku’alofa reconstruction project and why the Government of Tonga dumped it. -
Legal Preparedness for Regional and International Disaster Assistance in the Pacific Country Profiles
LEGAL PREPAREDNESS FOR REGIONAL AND INTERNATIONAL DISASTER ASSISTANCE IN THE PACIFIC COUNTRY PROFILES ifrc.org The International Federation of Red Cross and Red Crescent Societies (IFRC) is the world’s largest volunteer-based humanitarian network, reaching 150 million people each year through our 192-member National Societies. Together, we act before, during and after disasters and health emergencies to meet the needs and improve the lives of vulnerable people. We do so with impartiality as to nationality, race, gender, religious beliefs, class and political opinions. Guided by Strategy 2020 and Strategy 2030 – our collective plan of action to tackle the major humanitarian and development challenges of this decade – we are committed to ‘saving lives and changing minds’. Our strength lies in our volunteer network, our community- based expertise and our independence and neutrality. We work to improve humanitarian standards, as partners in development and in response to disasters. We persuade decision-makers to act at all times in the interests of vulnerable people. The result: we enable healthy and safe communities, reduce vulnerabilities, strengthen resilience and foster a culture of peace around the world. International Federation of Red Cross and Red Crescent Societies © International Federation of Red Cross and Red Crescent P.O. Box 303 Societies, Asia Pacific Regional Office, Kuala Lumpur, 2020 CH-1211 Geneva 19, Switzerland Telephone: +41 22 730 4222 Any part of this publication may be cited, copied, translated Telefax: +41 22 733 0395 into other languages or adapted to meet local needs without E-mail: [email protected] prior permission from the International Federation of Red Cross Website: www.ifrc.org and Red Crescent Societies, provided that the source is clearly stated. -
South Pacific
South Pacific Governance in the Pacific: the dismissal of Tuvalu's Governor-General Tauaasa Taafaki BK 338.9 GRACE FILE BARCOOE ECO Research School of Pacific and Asian \\\\~ l\1\1 \ \Ul\\ \ \\IM\\\ \\ CBR000029409 9 Enquiries The Editor, Working Papers Economics Division Research School of Pacific and Asian Studies The Australian National University Canberra 0200 Australia Tel (61-6) 249 4700 Fax (61-6) 257 2886 ' . ' The Economics Division encompasses the Department of Economics, the National Centre for Development Studies and the Au.§.tralia-J.apan Research Centre from the Research School of Pacific and Asian Studies, the Australian National University. Its Working Paper series is intended for prompt distribution of research results. This distribution is preliminary work; work is later published in refereed professional journals or books. The Working Papers include V'{Ork produced by economists outside the Economics Division but completed in cooperation with researchers from the Division or using the facilities of the Division. Papers are subject to an anonymous review process. All papers are the responsibility of the authors, not the Economics Division. conomics Division Working Papers " South Pacific Governance in the Pacific: the dismissal of Tuvalu's Governor-General Tauaasa Taafaki / o:,;7 CJ<,~ \}f ftl1 L\S\\ltlR~ Research School of Pacific and Asian Studies C;j~••• © Economics Division, Research School of Pacific and Asian Studies, The Australian National University, 1996. This work is copyright. Apart from those uses which may be permitted under the Copyright Act 1968 as amended, no part may be reproduced by any process without written permission from the publisher. -
Traditional Leadership in the Constitution of the Marshall Islands
TRADITIONAL LEADERSHIP IN THE CONSTITUTION OF THE MARSHALL ISLANDS by C. J. LYNCH Working Papers Series Pacific Islands Studies Center for Asian and Pacific Studies in collaboration with the Social Science Research Institute University of Hawaii at Manoa Honolulu, Hawaii Joe Lynch is a consultant on legislation and constitutional drafting whose long experience in the Pacific encompasses island areas in Micronesia, Melanesia, and Polynesia. Robert C. Kiste, Director Pacific Islands Studies Program Center for Asian and Pacific Studies University of Hawaii at Manoa Honolulu, Hawaii 96822 TRADITIONAL LEADERSHIP IN THE CONSTITUTION OF THE MARSHALL ISLANDS (With Comparative Notes) C. J. Lynch 1984 TABLE OF CONTENTS Preface v Introductory 1 Part I. THE COUNCIL OF IROIJ l. The precursors 3 2. Functions of the Council 4 (a) General 4 (b) Relations with the Nitijela 6 ( c) The Council in action 9 3. Composition of the Council 10 4. Procedures of the Council 13 5. Miscellaneous matters 14 6. Comparisons 16 (a) Palau 16 (b) The Federated States of Micronesia 17 (c) Yap 18 (d) Vanuatu 21 (e) Western Samoa 22 (f) The Cook Islands 22 (g) Comment 24 Part II. THE TRADITIONAL RIGHTS COURT 7. The Traditional Rights Court and the judicial system 27 ADDENDUM: Two problems of interpretation 8. Comparisons and comment 34 Part III. CONCLUSION 9. General comments 35 10. Is a traditional input desirable? 37 APPENDIX 42 NOTES 43 iii PREFACE It hardly needs to be said that this paper is written by a lawyer and from a lawyer's point of view. This fact, however , necessarily means that it is selective, firstly in the aspects of its subject that are considered and secondly in the detail (especially on non-legal aspects) into which it goes. -
The Appointment, Tenure and Removal of Judges Under Commonwealth
The The Appointment, Tenure and Removal of Judges under Commonwealth Principles Appoin An independent, impartial and competent judiciary is essential to the rule tmen of law. This study considers the legal frameworks used to achieve this and examines trends in the 53 member states of the Commonwealth. It asks: t, Te ! who should appoint judges and by what process? nur The Appointment, Tenure ! what should be the duration of judicial tenure and how should judges’ remuneration be determined? e and and Removal of Judges ! what grounds justify the removal of a judge and who should carry out the necessary investigation and inquiries? Re mo under Commonwealth The study notes the increasing use of independent judicial appointment va commissions; the preference for permanent rather than fixed-term judicial l of Principles appointments; the fuller articulation of procedural safeguards necessary Judge to inquiries into judicial misconduct; and many other developments with implications for strengthening the rule of law. s A Compendium and Analysis under These findings form the basis for recommendations on best practice in giving effect to the Commonwealth Latimer House Principles (2003), the leading of Best Practice Commonwealth statement on the responsibilities and interactions of the three Co mmon main branches of government. we This research was commissioned by the Commonwealth Secretariat, and undertaken and alth produced independently by the Bingham Centre for the Rule of Law. The Centre is part of the British Institute of International and -
A/HRC/39/8 General Assembly
United Nations A/HRC/39/8 General Assembly Distr.: General 10 July 2018 Original: English Human Rights Council Thirty-ninth session 10–28 September 2018 Agenda item 6 Universal periodic review Report of the Working Group on the Universal Periodic Review* Tuvalu * The annex is being circulated without formal editing, in the language of submission only. GE.18-11385(E) A/HRC/39/8 Introduction 1. The Working Group on the Universal Periodic Review, established in accordance with Human Rights Council resolution 5/1, held its thirtieth session from 7 to 18 May 2018. The review of Tuvalu was held at the 6th meeting, on 9 May 2018. The delegation of Tuvalu was headed by the Prime Minister of Tuvalu, Enele Sosene Sopoaga. At its 10th meeting, held on 11 May 2018, the Working Group adopted the report on Tuvalu. 2. On 10 January 2018, the Human Rights Council selected the following group of rapporteurs (troika) to facilitate the review of Tuvalu: Mexico, Mongolia and Senegal. 3. In accordance with paragraph 15 of the annex to Human Rights Council resolution 5/1 and paragraph 5 of the annex to Council resolution 16/21, the following documents were issued for the review of Tuvalu: (a) A national report submitted/written presentation made in accordance with paragraph 15 (a) (A/HRC/WG.6/30/TUV/1); (b) A compilation prepared by the Office of the United Nations High Commissioner for Human Rights (OHCHR) in accordance with paragraph 15 (b) (A/HRC/WG.6/30/TUV/2); (c) A summary prepared by OHCHR in accordance with paragraph 15 (c) (A/HRC/WG.6/30/TUV/3); 4. -
Political Reform in Tonga Responses to the Government's Roadmap
Political Reform in Tonga Responses to the Government’s Roadmap Sandra De Nardi, Roisin Lilley, Michael Pailthorpe and Andrew Curtin with Andrew Murray Catholic Institute of Sydney 2007 CIS 1 Political Reform in Tonga Table of Contents Introduction 3 Andrew Murray Tonga: Participation, Tradition and Constitution 4 Sandra De Nardi Political Reform in Tonga: Aristotelian Signposts 9 Roisin Lilley Moderating Tongan Reform 14 Michael Pailthorpe An Aristotelian Critique of Proposed Constitutional Reforms in Tonga 19 Andrew M Curtin Epilogue: Where to Now? 23 Andrew Murray Appendix: The Government of Tonga’s Roadmap for Political Reform 24 Catholic Institute of Sydney©2007 www.cis.catholic.edu.au Contact: [email protected] CIS 2 Political Reform in Tonga Introduction Andrew Murray SM The four essays in this collection are the best of the Events moved quickly in Tonga during 2006. final essays in the course unit, Social and Political Pressure had been building for some decades for Philosophy , in the Bachelor of Theology degree at reform of The Constitution of Tonga , established by Catholic Institute of Sydney during the second King George Tupou I in 1875 and still substantially semester of 2006. The course began with a careful unchanged. It constituted Tonga as a monarchy in reading of Aristotle’s Politics and went on to a which the King exercises full executive power and close reading of John Locke’s Second Treatise of in which nobles play a significant role. A National Government together with other source documents Committee for Political Reform (NCPR) was setup of modern political development. In parallel, the under the leadership of the Tu’ipelehake, the students began a cooperative project of studying nephew of the King. -
Kiribati Review of Natural Resource and Environment
Republic of Kiribati: Review of Environmental Legislation 1 KIRIBATI REVIEW OF NATURAL RESOURCE AND ENVIRONMENT RELATED LEGISLATION Prepared by Secretariat of the Pacific Regional Environment Programme (SPREP) and EDO NSW January 2018 Republic of Kiribati: Review of Environmental Legislation 2 SPREP Library Cataloguing-in-Publication Data Kiribati : review of natural resource and environment related legislation. Apia, Samoa : SPREP, 2018. 15 p. 29 cm. ISBN: 978-982-04-0877-7 1. Environmental policy – Kiribati. 2. Environment – Protection – Kiribati. 3. Environmental law – Kiribati. 4. Conservation of natural resources – Law and legislative – Kiribati. I. Pacific Regional Environment Programme (SPREP). II. Title. 344.04609681 Republic of Kiribati: Review of Environmental Legislation 3 INTRODUCTORY NOTE The following review, prepared jointly by the Secretariat of the Pacific Regional Environmental Programme (SPREP) and the Environmental Defenders Office Ltd (EDO NSW), updates and builds on the reviews conducted in the early 2000s under the International Waters Project. The review offers a brief overview of environmental legislation in force in each Pacific Island country identified and is current as of January 2018. A number of sources were referenced for this update, including: Prior reviews prepared by SPREP; Pacific Islands Legal Information Institute – Paclii; ECOLEX - an information service on environmental law, operated jointly by FAO, IUCN and UNEP; and Government websites. While reasonable efforts have been made to ensure the accuracy of the information contained in this review, no guarantee is given, nor responsibility taken, by SPREP or the EDO NSW for its accuracy, currency or completeness. SPREP and EDO NSW do not accept any responsibility for any loss or damage that may be occasioned directly or indirectly through the use of, or reliance on, the information contained in this review. -
Cedaw/C/Vut/4-5
United Nations CEDAW/C/VUT/4-5 Convention on the Elimination Distr.: General 12 November 2014 of All Forms of Discrimination against Women Original: English ADVANCE UNEDITED VERSION Committee on the Elimination of Discrimination against Women Consideration of reports submitted by States parties under article 18 of the Convention Combined fourth and fifth periodic report of States parties due in 2012 Vanuatu* [Date received: 17 October 2014] * In accordance with the information transmitted to the States parties regarding the processing of their reports, the present document has not been edited. CEDAW/C/VUT/4-5 Acknowledgment This second combined national periodic report has been produced by the Republic of Vanuatu in compliance with its reporting obligation as a state party to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and produced for United Nations (UN)-CEDAW Committee in fulfillment of its mandate to review the Vanuatu periodic report to monitor the implementation of measures taken by Vanuatu government to improve the situation of women prescribed under the Articles of the Convention. This combined fourth and fifth periodic report was prepared and reviewed by the National CEDAW committee and key stakeholders which has been spearheaded by the Department of Women's Affairs (DWA). The National CEDAW committee members are representatives of the government, civil society organizations, and non-governmental organizations of women's groups, and were appointed by the Minister of the Ministry of Justice and Community Services (MoJCS). The preparation of this periodic report was a collaborative effort of the different ministries, departments, and agencies of the government, non-governmental organizations, civil based organizations, and academic institutions. -
52031-001: Port Vila Integrated Urban Improvements Project
Resettlement Plan Project No.: 52031-001 Status: Final Draft Date: October 2020 VAN: Greater Port Vila Urban Resilience Project Prepared by the Ministry of Internal Affairs for the Asian Development Bank. This Resettlement Plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. Your attention is directed to the “terms of use” section of this website. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area. ABBREVIATIONS ADB - Asian Development Bank CBD - central business district CCP - Communications and consultation plan (for the Project) CEMP - Construction environmental management plan (of the contractor) CSS - country safeguards system DEPC - Department of Environmental Protection and Conservation DLA - Department of Local Authorities (within MoIA) DSC - Design and supervision consultant ECPA - Environmental Protection and Conservation Act EIA - environmental impact assessment EIS - environmental impact statement EMP - environmental management plan EPCA - Environment Protection and Conservation Act 2010 GPV - Greater Port Vila GPVURP Greater Port Vila Urban Resilience Project GRM - grievance redress mechanism IEE - initial environmental examination MCC - Ministry of Climate -
Converging Currents Custom and Human Rights in the Pacific
September 2006, Wellington, New Zealand | STUDY PAPER 17 CoNvERgiNg CURRENTS Custom and human rights in the paCifiC The Law Commission is an independent, publicly funded, central advisory body established by statute to undertake the systematic review, reform and development of the law of New Zealand. its purpose is to help achieve law that is just, principled, and accessible, and that reflects the heritage and aspirations of the peoples of New Zealand. The Commissioners are: Right Honourable Sir geoffrey Palmer – President Dr Warren Young – Deputy President Honourable Justice Eddie Durie Helen Aikman qC The Manager of the Law Commission is Brigid Corcoran The office of the Law Commission is at 89 The Terrace, Wellington Postal address: Po Box 2590, Wellington 6001, New Zealand Document Exchange Number: sp 23534 Telephone: (04) 473–3453, Facsimile: (04) 914–4760 Email: [email protected] internet: www.lawcom.govt.nz National Library of New Zealand Cataloguing-in-Publication Data New Zealand. Law Commission. Custom and human rights in the Pacific / Law Commission. (Study paper, 1174-9776 ; 17) iSBN 1-877316-08-3 1. Customary law—oceania. 2. Human rights—oceania. 3. Civil rights—oceania. i. Title. ii. Series: Study paper (New Zealand. Law Commission) 340.5295—dc 22 Study Paper/Law Commission, Wellington 2006 iSSN 1174-9776 iSBN 1-877316-08-3 This study paper may be cited as NZLC SP17 This study paper is also available on the internet at the Commission’s website: www.lawcom.govt.nz <http://www.lawcom.govt.nz> LawCommissionStudyPaper He Poroporoaki The New Zealand Law Commission acknowledges with deep regret the passing of two notable Pacific leaders shortly before the printing of this study, the Maori queen and the King of Tonga. -
New Impulses in the Interaction of Law and Religion: a South Pacific Perspective
BYU Law Review Volume 2003 | Issue 2 Article 6 5-1-2003 New Impulses in the Interaction of Law and Religion: A South Pacific eP rspective Don Paterson Follow this and additional works at: https://digitalcommons.law.byu.edu/lawreview Part of the Comparative and Foreign Law Commons, Human Rights Law Commons, and the Religion Law Commons Recommended Citation Don Paterson, New Impulses in the Interaction of Law and Religion: A South Pacific erP spective, 2003 BYU L. Rev. 593 (2003). Available at: https://digitalcommons.law.byu.edu/lawreview/vol2003/iss2/6 This Article is brought to you for free and open access by the Brigham Young University Law Review at BYU Law Digital Commons. It has been accepted for inclusion in BYU Law Review by an authorized editor of BYU Law Digital Commons. For more information, please contact [email protected]. PAT-FIN 5/31/2003 1:23 PM New Impulses in the Interaction of Law and Religion: A South Pacific Perspective Don Paterson∗ I. INTRODUCTION This article will look at the way in which new religions were introduced first from Britain and Europe and then later from the United States of America into all island countries of the South Pacific during the nineteenth century. The next part will examine the extent to which the laws of those countries provide freedom of religion and it will then consider certain legal and sociological limitations upon the actual practice of religion in these same countries. The article will conclude by looking to the future and trying to suggest ways to ease the tension that exists between individual freedom to practice the religion of his or her choice and community concern for preserving peace and harmony in the community.