67. Are there provisions for conflict of interests for candidates and/or elected officials?

97. Disclosure of interest

(1) An Act of Parliament or the Rules of Procedures of Parliament may make provision requiring a member of Parliament who has an interest in a matter under consideration in Parliament-

(a) to disclose his interest; and

(b) except with the approval of Parliament, not to take part in any proceedings in Parliament, or in a committee of Parliament, in relation to the matter.

(2) An Act of Parliament or the Rules of Procedure of Parliament may provide that if a member of Parliament contravenes a provision referred to in subsection (1) his seat becomes vacant.

Source: Article 95 Constitution of Tuvalu 2007

(1) A Leader shall not accept a loan, advantage or other benefit, whether financial or otherwise, from any person, group or organisation.

(2) This does not include a loan on commercially-profitable terms from a recognised lending institution, if the Leader satisfies the institution’s normal business criteria.

Source: Article 22, Leadership Code Act 2006

(1) A Leader who knows, or who has reason to suspect, that he or she faces or will soon face a possible conflict of interest on some matter, must notify the Ombudsman of it in writing.

(2) The Ombudsman, as soon as practicable, shall certify that, in its judgment, a particular conflict of interest is not material, if it considers either: —

(a) that the benefit involved is trivial or is shared reasonably equally with all or most other citizens; or

(b) that the associate is not a close relative or is not closely associated with the Leader concerned as to seriously bias the Leader’s decisions; or

(3) If the Ombudsman makes a certification under the previous Sub-section, the Leader is excused from the provisions of section 31.

(4) The Ombudsman may revoke a certification in writing, effective from the date when the Leader receives it.

(5) Where the Ombudsman considers the conflict of interest to be a serious one and is concerned that the Leader may not be contacted in time to ensure the Leader’s abstention under section 30, the Ombudsman may notify the Chair of the body discussing the matter. Where the leader is the Chair, the Ombudsman may inform any other member of that body attending the meeting.

Source: Article 29, Leadership Code Act 2006

A Leader who knows, or has reason to suspect, that he or she faces or will soon face a material conflict of interest on some matter must disclose that interest and be excused from the meeting when the matter is discussed (whether the Leader is a member of that body or not).

Source: Article 30, Leadership Code Act 2006

(1) Every Leader must detach himself or herself of any interest that is foreseeably likely to cause regular or frequent conflicts of interest.

(2) The Leader shall do this either by: —

(a) selling or giving away the interest; or

(b) transferring the interest to a blind trust managed by others as long as the Leader remains in office or retains that interest.

(3) In either case, the Leader: —

(a) must divest himself or herself of the interest at the earliest reasonable opportunity, and

(b) must not involve himself or herself in the day-to-day management of the interest.

Source: Article 31, Leadership Code Act 2006

No public officer may become actively involved in politics whether on his own behalf or on behalf of any individual or party.

Source: Article 2, Public Service Participation in Politics Order revised edition 2008

No public officer may nominate a candidate for election or campaign or seek support for any candidate

Source: Article 3, Public Service Participation in Politics Order revised edition 2008

No classified worker shall stand for election to Parliament unless he has first resigned his position.

Source: Article 4, Public Service Participation in Politics Order revised edition 2008

(i) A public officer including a probationary officer or one on contract shall, before he signs any nomination paper to state that he is willing to stand in any election to Parliament, inform the Secretary to Government by notice in writing in the form set out in the Schedule to these Directions of his intention to stand.

(ii) Any notice under paragraph (i) of this Direction shall operate as notice of resignation of the public office held by the officer which will only come into effect in the event of that officer's name appearing in any list of candidates published under the provisions of section 11 of the Electoral Provisions (Parliament) Act2 or if no list is published in the event of the officer being declared to be elected under the provisions of section 13 of that Act.

(iii) No notice under paragraph (i) of this Direction shall be delivered to the Secretary to Government before a notice of election has been given in accordance with the provisions of section 7(i) of the Electoral Provisions (Parliament) Act.

Source: Article 2, Public Service Participation in Elections Directions revised edition 2008

Public officers must resign their positions before nominating as a candidate for an election. The Tuvalu Leadership Code requires disclosure by elected officials to the Ombudsman of any potential conflict of interest, divestment of any interests that may cause a continuing conflict and bans receipt of benefits or advantages.