WHEREAS we the people of Nauru acknowledge God as the almighty and everlasting Lord and the giver of all good things:
WHEREAS we the people of Nauru acknowledge God as the almighty and everlasting Lord and the giver of all good things:
AND WHEREAS we humbly place ourselves under the protection of His good providence and seek His blessing upon ourselves and upon our lives:
AND WHEREAS we have declared that Nauru shall be a republic:
AND WHEREAS a Constitutional Convention representing us has prepared a constitution for Nauru:
NOW THEREFORE we the people of Nauru in our Constitutional Convention this twenty-ninth day of January, One thousand nine hundred and sixty-eight, do hereby adopt, enact and give to ourselves this Constitution to come into force on the thirty-first day of January, One thousand nine hundred and sixty-eight.
Nauru is an independent republic.
Whereas every person in Nauru is entitled to the fundamental rights and freedoms of the individual, that is to say, has the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following freedoms, namely:-
the subsequent provisions of this Part have effect for the purpose of affording protection to those rights and freedoms, subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of those rights and freedoms by a person does not prejudice the rights and freedoms of other persons or the public interest.
No person shall be subjected to torture or to treatment or punishment that is inhuman or degrading.
and, except with his own consent, the trial shall not take place in his absence unless he so conducts himself as to render the continuance of the proceedings in his presence impracticable and the court has ordered him to be removed and the trial to proceed in his absence.
In this Part, unless the context otherwise requires-
"disciplined force" means-
"legal representative" means a person entitled to be in or to enter Nauru and entitled by law to appear in proceedings before a court on behalf of a party to those proceedings;
"member", in relation to a disciplined force, includes a person who, under the law regulating the discipline of that force, is subject to that discipline;
"public property" includes property of a body corporate established by law for public purposes.
A Minister ceases to hold office-
The Cabinet may appoint a Minister to perform the duties and exercise the functions of the President during any period during which the President is unable to act owing to illness, absence from Nauru or any other cause.
The President may assign to himself or to a Minister responsibility for any business of the government of Nauru and may revoke or vary an assignment made under this Article.
There shall be a Parliament of Nauru.
Subject to this Constitution, Parliament may make laws for the peace, order and good government of Nauru; laws so made may have effect outside as well as within Nauru.
Members of Parliament shall be elected in such manner as is prescribed by law, by Nauruan citizens who have attained the age of twenty years.
A person is qualified to be elected a member of Parliament if, and is not so qualified unless, he-
No person is qualified to be elected a member of Parliament if he-
Any question that arises concerning the right of a person to be or to remain a member of Parliament shall be referred to and determined by the Supreme Court.
The powers, privileges and immunities of Parliament and of its members and committees are such as are declared by Parliament.
A general election of members of Parliament shall be held at such time within two months after a dissolution of Parliament as the Speaker in accordance with the advice of the President appoints.
during the period of seven days after the day on which the resolution is approved.
the Speaker shall appoint a time for the holding of a session of Parliament, being a time before the expiration of fourteen days after the request is delivered
The Speaker shall preside at a sitting of Parliament.
No business shall be transacted at a sitting of Parliament if the number of its members present, other than the person presiding at the sitting, is less than one-half of the total number of members of Parliament.
A proposed law becomes law on the date when the Speaker certifies that it has been passed by Parliament.
A judge of the Supreme Court shall not enter upon the duties of his office unless he has taken and subscribed the oath set out in the Fourth Schedule.
The President or a Minister may, in accordance with the approval of the Cabinet, refer to the Supreme Court for its opinion any question concerning the interpretation or effect of any provision of this Constitution which has arisen or appears to the Cabinet likely to arise, and the Supreme Court shall pronounce in open court its opinion on the question.
There shall be such subordinate courts as are established by law and those courts possess such jurisdiction and powers as are prescribed by law.
All revenues and other moneys raised or received by Nauru, not being revenues or other moneys payable by law into another fund established for a specific purpose, shall be paid into and form a Treasury Fund.
No tax shall be raised except as prescribed by law and a proposed law for the imposition of a tax shall not receive the certificate of the Speaker under Article 47 unless the imposition of the tax has been recommended to Parliament by the Cabinet.
to act as a member of the Public Service Appeals Board during the period of the inability or ineligibility of the member.
A person who on the thirtieth day of January One thousand nine hundred and sixty-eight was included in one of the classes of persons who constituted the Nauruan Community within the meaning of the Nauruan Community Ordinance 1956-1966 of Nauru is a Nauruan citizen.
A person born in Nauru on or after the thirty-first day of January One thousand nine hundred and sixty-eight, if at the date of his birth he would not have the nationality of any country, an application may be made to Cabinet for citizenship. It shall be the prerogative of Cabinet as to whether citizenship is granted or not.
A woman, not being a Nauruan citizen, who is married to a Nauruan citizen or has been married to a man who was, throughout the subsistence of the marriage, a Nauruan citizen, is entitled, upon making application in such manner as is prescribed by law, to become a Nauruan citizen.
unless it has in the meantime been approved by a resolution of Parliament approved by a majority of the members of Parliament present and voting.
The President may-
"Cabinet" means the Cabinet established under Article 17;
"Chief Justice" means the Chief Justice of the Supreme Court;
"Chief Secretary" means the Chief Secretary of Nauru appointed under Article 25;
"Court" means a court of law having jurisdiction in Nauru;
"Existing law" means a law in force in Nauru immediately before Independence Day;
"Government Gazette" means the Nauru Government Gazette;
"Independence Day" means the thirty-first day of January, One thousand nine hundred and sixty-eight;
"Law" includes an instrument having the force of law and an unwritten rule of law and "lawful" and "lawfully" shall be construed accordingly;
"Minister" means a Minister of the Cabinet;
"Month" means calendar month;
"Parliament" means the Parliament of Nauru established under Article 26;
"Person" includes a body corporate or politic;
"President" means the President of Nauru;
"Property" includes a right, title or interest in or over property;
"Public office" means an office of emolument in the public service;
"Public officer" means a person holding or acting in a public office;
"Public service" means, subject to the provisions of this Article, the service of the Republic of Nauru;
"Schedule" means Schedule to this Constitution;
"Session" means the period beginning when the Legislative Assembly of Nauru first met on Independence Day or after Parliament has at any time been prorogued or dissolved and ending when next Parliament is prorogued or dissolved;
"Sitting" means a period during which Parliament is sitting without adjournment;
"Speaker" means the Speaker of Parliament;
"Supreme Court" means the Supreme Court of Nauru established under Article 48;
"Writing" includes any mode of representing or reproducing words in a visible form.
and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the law had not been repealed.
shall, unless the context otherwise requires, be read as a reference to the President.
All legal proceedings pending or incomplete in the Central Court of the Island of Nauru immediately before Independence Day shall stand removed to the Supreme Court, which shall have jurisdiction to hear and determine the proceedings and the judgments and orders of the Central Court of the Island of Nauru given or made before Independence Day shall have the same force and effect as if they had been delivered or made by the Supreme Court.
Until otherwise declared by Parliament, the powers, privileges and immunities of Parliament and of its members and committees shall be those of the House of Commons of the Parliament of the United Kingdom of Great Britain and Northern Ireland and of its members and committees as at the commencement of this Constitution.
Notwithstanding the provisions of Part VI. of this Constitution, no moneys shall be withdrawn from the Treasury Fund or any other fund referred to in Article 58 before the first day of July, One thousand nine hundred and sixty-eight, except-
Notwithstanding clause (3.) of Article 49, until otherwise provided by law, a person is qualified to be appointed a judge of the Supreme Court if-
Notwithstanding Article 25, the person who, immediately before this Article comes into effect, holds the office of Chief Secretary shall hold the office of Chief Secretary established by this Constitution. [Inserted 17.5.68.]
Oath of Member of Cabinet.
I, , swear by Almighty God that I will faithfully carry out my duties as a member of the Cabinet and that I will not improperly reveal any matters of which I have become aware by reason of my membership of the Cabinet. So help me God!
Constituency/District or Districts of Nauru comprised in Constituency/Number of Members to be returned by Constituency
Anabar/Anabar, Anibare, Ijuw/2
Ubenide/Baiti, Denigomodu, Nibok, Uaboe/4
Oath of member of Parliament.
I, , swear by Almighty God that I will be faithful and bear true allegiance to the Republic of Nauru and that I will justly and faithfully carry out my duties as a member of Parliament of Nauru. So help me God! [Amended 17.5.68.]
Oath of Judge.
I, , swear by Almighty God that I will well and truly serve the Republic of Nauru in the office of _____ and that I will do right to all manner of people according to law, without fear or favour, affection or ill-will. So help me God!
0.50 Nauruan Landowners Royalty Trust Fund for the benefit of owners of phosphate bearing lands.
0.60 Nauru Development Fund for promoting the economic development of Nauru.
0.80 Nauru Housing Fund for erecting, repairing or maintaining houses in Nauru.
0.20 Nauru Rehabilitation Fund for the purpose of restoring or improving the parts of the Island of Nauru that have been affected by mining for phosphate.
0.60 For payment to the owners of phosphate bearing lands leased to the British Phosphate Commissioners.
0.10 Nauru Royalty Fund for any of the purposes for which the Nauru Local Government Council is authorised by the Nauru Local Government Council Ordinance 1951-1967 of Nauru to expend moneys.