Gemäss Art. 84 der geltenden Verfassung kann das Parlament die Verfassung mit 2/3-
Mehrheit ändern; für Änderungen an geschützten Artikeln ist eine Volksabstimmung
mit 2/3-Mehrheit nötig. Das Parlament teilt daher die faktische Totalrevision in
einen Teil in eigener Komptetenz und einen zuhanden der Volksabstimmung auf. Am
21.8.2009 nimmt es mit je 15 zu 0 Stimmen den Constitution of Nauru (Parliamentary
Amendments) Act 2009 und den Constitution of Nauru (Referendum Amendments)
Act 2010 an. Falls die Vorlage in der Abstimmung scheitert, kann der erste Teil
mit kleinen Anpassungen dennoch in Kraft treten. Am 27.11.2009 erlässt es das
Ausführungsgesetz, den Referendum Procedures Act 2009.
Die Urnen sind von 13 bis 18 Uhr geöffnet.
Nach der Ablehnung der Vorlage versucht die Opposition, die Regierung durch
Misstrauensvoten zu stürzen, aber diese setzt für 24.4.2010 Neuwahlen an.
ARRANGEMENT OF PARTS
Part I. The Republic of Nauru and the Supreme Law of Nauru (Articles 1
Part II. Protection of Fundamental Rights and Freedoms (Articles
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
(a) life, liberty, security of the person, the enjoyment of property and the
protection of the law;
(b) freedom of conscience, of expression and of peaceful assembly and
(c) respect for his private and family life,
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.
Protection of right to life
4. (1.) No person shall be deprived of
his life intentionally
, except in execution of a sentence of a court following
his conviction of an offence for which the penalty of deprivation of life is
prescribed by law.
(2.) Deprivation of the life of a person is not a contravention of the provisions
of clause (1.) of this Article where it results from the use, to such an extent
and in such circumstances as is permitted by law, of such force as is reasonably
justifiable in the circumstances of the case-
(a) for the defence of a person from violence;
(b) for the defence of public property;
(c) in order to effect a lawful arrest or to prevent the escape of a person
lawfully detained; or
(d) for the purpose of suppressing a riot, insurrection or muting.
Protection of personal liberty
5. (1.) No person shall be deprived of his personal liberty, except as authorised
by law in any of the following cases:-
(e) under the order of a court, for his welfare during any period ending not
later than the date on which he attains the age of
(4.) Where a complaint is made to the Supreme Court that a person is unlawfully detained, the Supreme Court shall enquire into the complaint and, unless satisfied
that the detention is lawful, shall order that person to be brought before it
and shall release him.
Protection from deprivation of property
8. (1.) No person shall be deprived compulsorily of his property except in
accordance with law for a public purpose and on just terms.
Protection of person and property
9. (1.) No person shall without his consent be subject to the search of his
person or property or the entry on his premises by other persons,
Provision to secure protection of law
10. (1.) No person shall be convicted of an offence which is not defined by law.
Freedom of conscience
A person has the right to freedom of
conscience, thought and religion, including freedom to change his religion or
beliefs and freedom, either alone or in community with others and in public or
private, to manifest and propagate his religion or beliefs in worship, teaching,
practice and observance.
Protection of freedom of expression
A person has the right to freedom of
Protection of freedom of assembly and association
Persons have the right to assemble
and associate peaceably and to form or belong to trade unions or other
Enforcement of fundamental rights and freedoms
(1.) A right or freedom conferred by this Part is enforceable by
the Supreme Court at the suit of a person having an interest in the enforcement
of that right or freedom .
(2.) The Supreme Court may make all such orders and declarations as are
necessary and appropriate for the purposes of clause (1.) of this Article.
15. In this Part, unless the context otherwise requires-
"contravention", in relation to any requirement, includes a failure to
comply with that requirement, and cognate expressions shall be construed
"disciplined force" means-
(a) the Police Force; or
(b) any other body established by law for the purposes of defence or
maintaining public safety or public order;
"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.
16. (1.) There shall be a President of Nauru, who shall be elected by
(2.) A person is not qualified to be elected President unless he is a member
Speaker and the Deputy Speaker are
not qualified to be elected President.
(4.) the President
holds office until the election of another person as President.
(5.) Parliament shall elect a President-
(a) whenever the office of President is vacant;
(b) at the first sitting of Parliament next following its dissolution; and
(i) the President tenders the resignation of his office by writing under
his hand delivered to the Speaker;
(ii) a resolution for the removal from office of the President and Ministers
is approved under Article 24; or
(iii) the President ceases to be a member of Parliament otherwise than by
reason only of its dissolution.
Executive Authority vests in the Cabinet
17. (1.) The executive authority of Nauru is vested in a Cabinet constituted as
provided by this Part
and the Cabinet has the general direction and control
of the government of Nauru.
(2.) The Cabinet is collectively responsible to Parliament.
58. 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.
Remuneration of certain officers
65. (1.) There shall be paid to the holders of the offices to which this Article
applies such salary and such allowances as are prescribed by law.
(4.) This Article applies to the office of judge of the Supreme Court, , Clerk of Parliament, and Director of Audit.
Agreement of 14 November 1967 relating to Phosphate Industry
93. (1.) The Agreement made on the fourteenth day of November, One thousand nine
hundred and sixty-seven between the Nauru Local Government Council of the one part
and the Partner Governments of the other part shall, on and after Independence Day,
be construed as an agreement between the Government of the Republic of Nauru of the
one part and the Partner Governments of the other part and all rights, liabilities,
obligations and interest of the Nauru Local Government Council in or under that
Agreement are, on and after Independence Day, rights, liabilities, obligations and
interest of the Government of the Republic of Nauru.
(2.) In clause (1.) of this Article, "Partner Governments" means the Government of
the Commonwealth of Australia, the Government of New Zealand and the Government of
the United Kingdom of Great Britain and Northern Ireland.
(i) Part I.
(ii) Part II.
(iii) Articles 16, 17, .
(iv) Articles 26, 27, clause (7.) of Article 41.
(v) Articles 58, 59, 60, 62, 65.
(vi) Article 71, clause (1.) of Article 72.
Article 84, .
(viii) Clauses (1.), (2.), (3.) and (5.) of Article 85.
(ix) Article 93.