Which individuals/positions may be subject to the recall?

Tuvalu

Tuvalu

Answer
Members of the national legislature
Source

According to Article 99 of theConstitution, citizens may initiate a recall by submitting a petition with thesignatures of more than 50 per cent of registered electors. The initiativetriggers a discretionary process, overseen by the ‘Head of State’ (theGovernor-General) to investigate and approve the recall of a member ofParliament for medical infirmity.

 

Constitution of Tuvalu

(Adopted on 1 October 1978)

 

http://www.tuvaluislands.com/const_tuvalu.htm

Article 99. Recall of incapacitated member
(1) If more than 50 percent 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 outside Tuvalu 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 question and 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.

 

 

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