THE LOCAL GOVERNMENT SYSTEM IN COUNTRY PROFILE 2017–18 TUVALU SUMMARY Tuvalu is a unitary constitutional monarchy with two spheres of government: national and local. The legal basis for Tuvalu local government is the Act 1997 and there is only one level, which is the kaupule (island council). The Department of Rural Development within the Ministry of Home Affairs (MHA) is responsible for local government. Following the 2011 local elections 4.2% of councillors were women and in 2016 local government expenditure was 0.2% of total government expenditure. A quarterly assembly is held by each kaupule where the annual budget and development plans prepared by the island council are assessed by the people. The common services that all island councils provide include land transport, lagoon travelling services, mechanical and joinery maintenance services, provision and maintenance of roads and public facilities such as meeting halls, recreation facilities (playing fields, multi-purpose courts), transport facilities, beach ramps and land title records. Services provided by national government in partnership with the island councils include health, education, agriculture and fisheries.

1. NATIONAL GOVERNMENT 2. LEGAL BASIS FOR Tuvalu is a unitary constitutional LOCAL GOVERNMENT monarchy with a unicameral 2.1 Constitutional provisions parliamentary democracy. Parliament There is no constitutional provision for is vested with law-making powers local government.48.2a and is composed of 15 members (known as MPs): two from each of the KEY FACTS eight electoral constituencies, with 2.2 Main legislative texts the exception of Nukulaelae, which The main legislative text is the Falekaupule POPULATION (2014 estimate): returns just one. Both the speaker, Act 199748.2b, which came into force 11,206 who oversees the administration and in 1999. The Act, also known as the management of parliamentary affairs, Local Government Act, empowers the AREA (UN 2006): and the prime , who heads implementation of a national strategy 26 sq km the , are elected by MPs from that envisions the development of the CAPITAL: amongst themselves. Following the outer islands through the devolution 2015 national election, 6.7% of MPs and decentralisation of governmental CURRENCY: were women.3.1b There are eight functions to local government. At Tuvaluan dollar (TV$) ministers, all of whom are appointed independence, Tuvalu inherited a local by the governor-general on the advice government system governed by the Local HEAD OF STATE: of the prime minister. The cabinet is Government Ordinance 1966. This piece of HM Queen Elizabeth II collectively responsible to parliament for legislation, as amended, provided the legal GOVERNOR-GENERAL: the discharge of the executive functions framework for local governance in the of the state. There are no political parties, period between 1978 and 1999, when it although the members who do not was repealed. Further amendments to the : side with the executive are often called Falekaupule Act 1997 were made in March Prime Minister the opposition. The head of state is HM 2013 and to Section 14 of the Act in 2016. FORM OF GOVERNMENT: Queen Elizabeth II, who is represented in constitutional monarchy Tuvalu by a governor-general.

PARLIAMENTARY SYSTEM: Table 48.1a Distribution of councils and population unicameral Island Kaupule Population Population % rural STATE STRUCTURE: (island council) (2012 Census) (2017 est.) (2014) unitary 1 556 na 100 LANGUAGES: Nanumaga 1 481 na 100 Tuvaluan (official), English

NATIONAL ELECTIONS: 1 606 na 100 Last: March 2015, turnout: na; next: 2019 1 541 na 100 WOMEN IN PARLIAMENT (2015): 6.7% 1 1,565 na 100

LOCAL ELECTIONS: 1 540 na 100 Lasft: 15 Sept 2011, turnout: na; next: 2019 Funafuti 1 6,194 na 100 WOMEN COUNCILLORS (2011): 4.2% Nukulaelae 1 324 na 100

LOCAL GOVERNMENT EXPENDITURE Niulakita – 30 na 100 as a percentage of total government TOTAL 8 10,800 11,206 100 expenditure 2016: 0.2% Source: 2012 Census preliminary report48.3a

254 www.clgf.org.uk/tuvalu COUNTRY PROFILE 2017–18 THE LOCAL GOVERNMENT SYSTEM IN Tuvalu

2.3 Proposed legislative changes The council can appoint as many 5. SYSTEMS FOR The Government of Tuvalu, through committees as it feels it needs, and must COMMUNITY INVOLVEMENT the Ministry of Home Affairs and Rural include standing committees for health, 5.1 Legal requirement Development has launch a major review agriculture and fisheries, education, The mechanism for the involvement of the Falekaupule Act 1997 (Local communication, transportation and participation of citizens in local Government Act). . and infrastructure, and budget and governance is the falekaupule assembly, appropriations. Committees can make which is held quarterly for each island. At 2.4 National urban policy decisions by a simple majority and report present however there are no guidelines Tuvalu does not have an urban policy. their decision back to the kaupule. to actually facilitate and carry out these assemblies. During the March assembly 3. STRUCTURE OF LOCAL GOVERNMENT 3.4 Traditional leadership each year, the budget and development plans prepared by the island council 3.1 Local government within the state Each island has a traditional assembly are assessed by the community and Local government in Tuvalu has only one of elders called a falekaupule or ‘te sina approved by the falekaupule. At the level, which is a kaupule (island council) o fenua’ (literally, ‘grey-hairs of the land’), same time, the island council reports for each of the eight main inhabited and the Falekaupule Act 1997 brings on the progress and finances of current islands. The ninth island, Niulakita, is under together the traditional responsibilities of development projects. the administration of Niutao Kaupule. the falekaupule and the elected kaupule. With this exception, each island council’s 5.2 Implementation jurisdiction is limited to the island itself. 4. ELECTIONS Another avenue for community 4.1 Recent local elections participation, including that of 3.2 Ministerial oversight The last local elections were held on 15 minority groups, is representation The ministry responsible for Tuvalu September 2015 and the next were due on the various established standing local government is the Ministry of in 2019. Home Affairs (MHA), which includes committees for major sectors such as the Department of Rural Development, health, education and development. which covers local government. The 4.2 Voting system These committees are made up of MHA’s roles are: overseeing the activities There are no political parties. Voters make representatives of various community- of each department in its portfolio in their choice based on the individual based organisations, non-governmental order to achieve national goals and candidates. The voting system used is the organisations and private sector objectives set out in the National single non-transferable vote within the organisations. The committees have Strategy for Sustainable Development first-past-the-post system, and there is been established to provide technical (‘Te Kakeega III’); and reviewing any policy universal suffrage at age 18 and over. advice to the kaupule. the Department of Rural Development wishes to implement before such policy 4.3 Elected representatives 5.3 ICT use in citizen engagement is submitted to cabinet for legislation. No information is available on elected No information is available. representatives. 3.3 Council types 6. ORGANISED LOCAL GOVERNMENT 3.3.1 Kaupule (island councils) 4.4 Women’s representation48.4 There is currently no representative Each kaupule has six members elected Following the 2015 kaupule elections, organisation for local government. for a maximum of two four-year terms. 10.4% of councillors were women, up The pule o kaupule (council president) from 4.2% (2/48) following the 2011 7. INTERGOVERNMENTAL RELATIONS is indirectly elected by a simple elections. Also following 2015 kaupule As the executive arm of the falekaupule, majority from among the councillors, elections 25.0% (2/8) pule o kaupule the kaupule carries out all the functions and appoints a tokolua pule o kaupule (council presidents) were women, up and powers conferred by the Falekaupule (deputy council president) from among from none (0/8) following the 2011 Act 1997. The national government, the council members. elections. through the Minister for Home Affairs, exercises general supervision over local governments to ensure that their actions Table 48.1b Women councillors and presidents following the last three local elections are within the scope of their prescribed Election 2007 2011 2015 powers and functions and that statutory services for constituents are adequately Councillors # % # % # % delivered. In the exercise of this authority, the Act makes provision for consultations, Female councillors na na 2 4.2 5 10.4 either regular or as deemed necessary, Male councillors na na 46 95.8 43 89.6 between the minister and the falekaupule.

Total councillors na 100.0 48 100.0 48 100.0

Chairpersons # % # % # %

Female council presidents na na 0 0.0 2 25.0

Male council presidents na na 8 100.0 6 75.0

Total council presidents na 100.0 8 100.0 8 100.0

Source: Department of Rural Development correspondence with CLGF

www.clgf.org.uk/tuvalu 255 THE LOCAL GOVERNMENT SYSTEM IN Tuvalu COUNTRY PROFILE 2017–18

National authorities are mandated 9. FINANCE, STAFFING AND RESOURCES fenced to pay for emoluments of the to cooperate with local government 9.1 Local government expenditure five key staff of island councils on each according to their respective Total local government transfers from island. A further national government responsibilities, as follows: national government represented 0.21% grant to local government is the pre- of total government expenditure in 2017, school support grant from the Ministry ■■ attorney general on the review of by- up from 0.19% in 2016 and 0.16% in 2015. of Education, Youth and Sports, which laws to determine whether they are in See table 48.2b currently amounts to AU$26,000 and accord with national laws and policies assists with pre-school teachers’ salaries. ■■ auditor general on the audit of The Department of Rural Development 9.2 Locally raised revenue kaupules’ accounts to ensure the safety oversees the national ‘Strengthening of and rational allocation of local funds Various user rates, licences and other Local Governance’ programme, which ■■ the Ministry of Finance and Economic taxes such as a head tax and land tax in 2016 provided AU$111,720 (see Table Planning, through local budget are imposed and collected by kaupules. 48.2b) with the following objectives: reviews undertaken by its planning A kaupule, with the approval of the and budget division, in consultation falekaupule obtained in the falekaupule ■■ enhance the responsiveness of each with the Ministry of Home Affairs, on assembly, may by resolution make and kaupule to community needs local taxation and allied concerns levy for each financial year general rates ■■ improve development planning and based on one or more of the following ■■ the Aid Coordination Division of the decision-making at island level systems: Ministry of Finance and Economic ■■ strengthen the capacity of the Planning, in consultation with each ■■ a rate, to be referred to as the kaupule to carry out its functions kaupule, through the Ministry of Home community development tax, at under the Falekaupule Act. Affairs provides technical assistance on a uniform or graduated amount ■■ create an enabling legal framework local planning, project development per capita on all residents of the for the kaupule to carry out its and management of external falekaupule area or those above the mandated activities programme funding and assistance. age of 18 years ■■ promote effective management of Other agencies engaged in specific ■■ a rate, to be referred to as the urbanisation functions and programmes of work on property tax, at a uniform amount ■■ enhance economic and social the islands will also coordinate with per dollar on the assessed value of development in Tuvalu’s outer islands. and provide technical advice to the immovable property situated within falekaupule and kaupule on matters the falekaupule area 9.4 Loans relating to their work within the area of ■■ a rate, to be referred to as the Kaupule are empowered to borrow the falekaupule. This can include assisting possessions tax, on the assessed value money. with the improvement of governance of the possessions or any category and developing the capacities of local of possessions of residents in the authorities and their staff. falekaupule area. 9.5 Local authority staff Each local government pays a In addition, a kaupule may, subject to meeting allowance for councillors 8. MONITORING SYSTEMS the approval of the Minister of Home and, in principle, the salaries of the The existing monitoring mechanisms to Affairs and to any existing regulations local government staff. However, scrutinise local government comprise of the Falekaupule Act, and with the under the Falekaupule Act 1997, the auditing processes required by the approval of the falekaupule, make and five of each island council’s key staff Falekaupule Act 1997, and the Public levy other types of rates. members’ salaries are paid by national Accounts Committee, which reports to government through the annual parliament. The Minster of Home Affairs 9.3 Transfers Falekaupule Act grant. exercises supervisory authority over local government directly through the issuance The level of national government transfers to island councils is determined of orders, guidelines, notices, regulations 10. DISTRIBUTION OF SERVICE on the advice of the Minister of Home or directives to ensure that the provisions DELIVERY RESPONSIBILITY Affairs. Of the total annual grant, 63% of the Act and other existing statutes and 10.1 Overview of local government is conditional and 37% unconditional. policies relating to councils’ duties and service delivery responsibility There are three types of annual grants: functions are properly implemented, and The Falekaupule Act mandates a that basic services are adequately and block grant, tied grant and Falekaupule Act grant, the latter of which is ring- wide range of functions to the island efficiently delivered. councils. The island councils at present, however, are only providing those Table 48.2a Income and expenditure for local government 2016/17 services that their resources allow, while other services are provided and Income 2016/17 Expenditure 2016/17 funded by national government. The services provided by island councils Centre–local transfers Administration vary depending on the needs of their Restricted na Staff na communities. The common services that all island councils offer include Unrestricted na Other administration na land transport, lagoon travelling services, mechanical and joinery Locally raised revenue Services maintenance services, provision and maintenance of roads and public Property taxes na Roads na facilities such as halls (meeting halls), Licences and fees na Water na recreation facilities (playing fields, multi-purpose courts), transport Other income na Other na facilities, beach ramps and land title records. Services provided by national TOTAL INCOME na TOTAL EXPENDITURE 148,972 government in partnership with

256 www.clgf.org.uk/tuvalu COUNTRY PROFILE 2017–18 THE LOCAL GOVERNMENT SYSTEM IN Tuvalu

Table 48.2b Local government expenditure as a percentage of total government expenditure 2013–17

2013 actual 2014 actual 2015 actual 2016 estimated 2017 budgeted

Total government expenditure na 41,493,959 60,625,858 60,078,583 70,871,765

Total local government expenditure na na 98,472 111,720 148,972

Local government expenditure na na 0.16 0.19 0.21 as a percentage of total government expenditure

Source: Government of Tuvalu Budget 201748.9 the island councils include health, plan, which has been developed with 2012-population-housing-census- education, agriculture and fisheries. due regard for TKIII, thus linking local preliminary-analytical-report The services provided by island councils government planning to the SDGs. A 48.4 UNDP Women’s participation and are charged at a minimum rate agreed key focus is projects which will help leadership in governments at the by the community and the island people cope with climate change. The local level – Asia &the Pacific 2013 council during the March falekaupule Ministry of Home Affairs is also working 48.5 No reference for this section assembly every year. Rates and user on improving internet communications 48.6 No reference for this section fees are applied to all users, although with Tuvalu’s outer islands, another 48.7 No reference for this section certain individuals are exempted from project which links to the SDGs. paying head tax, as decided by the 48.8 No reference for this section island council. Local government and 48.9 Based on figures in Table 2a and MTFF report for total government the private sector work together in REFERENCES AND USEFUL WEBSITES development activities, usually on a expenditure in 2016 48.1a Tuvalu national government cost-sharing basis. 48.10 No reference for this section portal www.tuvalu.tv 48.11a UN statistics surface area 48.1b Women in national parliaments. http://unstats.un.org/unsd/ 10.2 ICT use in service delivery Inter-Parliamentary Union demographic/products/dyb/ No information is available. www.ipu.org/wmn-e/classif.htm dyb2006/Table03.pdf 48.2 48.11b Commonwealth Local www.tuvaluislands.com/const_ 10.3 The role of local government Government knowledge hub tuvalu.htm in achieving the UN Sustainable www.clgf.org.uk/resource-centre/ 48.2b Tuvalu Falekaupule Act 1997 Development Goals (SDGs) knowledge-hub http://aceproject.org/ero-en/ The Government of Tuvalu has a national 48.11 UNDP HDR Tuvalu country profile regions/pacific/TV/tuvalu- strategy for sustainable development, http://hdr.undp.org/en/countries/ falekaupule-act-2008 known as Te Kakeega III 2016–2020, profiles/TUV or ‘TKIII’, TKIII links all of Tuvalu’s 48.3a Population Census 2012 development strategies and activities preliminary results to the UN SDGs. Each of the eight http://prdrse4all.spc.int/ falekaupule has an island strategic production/node/4/content/tuvalu-

www.clgf.org.uk/tuvalu 257 THE LOCAL GOVERNMENT SYSTEM IN Tuvalu COUNTRY PROFILE 2017–18

Annex 48a Summary of service provision in different spheres of government in Tuvalu

Delivering authority

Services National government Kaupule Remarks GENERAL ADMINISTRATION Police n Fire protection n Civil protection n Criminal justice n Civil status register n n Statistical office n Electoral register n EDUCATION Pre-school (kindergarten and nursery) n Primary n n Secondary n n Vocational and technical n Higher education n Adult education n n SOCIAL WELFARE Family welfare services Welfare homes Social security PUBLIC HEALTH Primary care n n Hospitals Health protection n n HOUSING and TOWN PLANNING Housing n Town planning n Regional planning n TRANSPORT Roads n Transport n Urban roads na Urban rail na Ports n Airports n ENVIRONMENT AND PUBLIC SANITATION Water and sanitation n n Refuse collection and disposal n n Cemeteries and crematoria n n Slaughterhouses n Environmental protection n Consumer protection n CULTURE, LEISURE AND SPORTS Theatres and concerts n Museums and libraries n Parks and open spaces n Sports and leisure facilities n Religious facilities UTILITIES Gas services n District heating Water supply n n Electricity n ECONOMIC Agriculture, forests and fisheries n n Local economic development/promotion n n Trade and industry n Tourism n n

n sole responsibility service n joint responsibility service n discretionary service

258 www.clgf.org.uk/tuvalu