Legal provisions for recall at national level

Constitution of Tuvalu (Adopted on 1 October 1978)

Article 96. Tenure of Office.

(1) The seat of a member of Parliament becomes vacant-

(h) if his seat is declared to be vacant under section 99 (recall of incapacitated member); or […]

Article 99. Recall of incapacitated member.
(1) If more than 50 per cent of the persons who are registered as electors for Parliamentary elections in an electoral district sign a petition to the Head of State stating that a member of Parliament for that district is unable to perform properly the functions of a member because of infirmity of body or mind, the succeeding provisions of this section apply.
(2) If the Head of State, acting in his own deliberate judgment, is satisfied that-

(a) a petition delivered to him complies with subsection (1); and

(b) it is desirable in the interests of the good government of Tuvalu that the question of removing the member should be investigated, the Head of State, acting in accordance with the advice of a professional medical body outsideTuvalu approved by an Act of Parliament for the purpose, shall appoint two or more medical practitioners who are legally qualified to practise medicine either in Tuvalu or elsewhere to investigate the question of the capacity of the member.
(3) The persons appointed under subsection (2) shall investigate the questionand make a joint professional report to the Head of State personally.
(4) If after considering the report, the Head of State, acting in his own deliberate judgment, is satisfied that it is desirable in the interests of the good government of Tuvalu to do so, he shall, acting in his own deliberate judgment, by written notice to -

(a) the Speaker; and

(b) the member,

Declare the seat of the member concerned to be vacant.

The Constitution provides for a limited mechanism for electors to initiate a potential process for recall of an MP. According to Article 99 of the Constitution, citizens may initiate a recall by submitting a petition  with the signatures of more than 50 per cent of registered electors, triggering a discretionary process,  overseen by the‘Head of State’ (the Governor-General) to investigate the recall of an MP for medical infirmity.