Draft:Laingane Italeli Talia

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Attorney-General of Tuvalu
Incumbent
Ms Laingane Italeli Talia
since 2022
Office of the Attorney-General
NominatorThe Prime Minister of Tuvalu, acting in accordance with the advice of the Cabinet of Tuvalu given after consultation with the Public Service Commission
AppointerGovernor-General of Tuvalu
Constituting instrumentSection 81 of the Constitution of Tuvalu
DeputySenior Crown Counsel

Laingane Italeli Talia, is the current Attorney-General of Tuvalu.[1] She is the second female Tuvaluan lawyer who has been appointed Attorney-General; she suceeded Eselealofa Apinelu who was the first Tuvaluan female who qualified as a lawyer, and also the first female appointed as the Attorney-General.

As Attorney-General she attends meetings of the cabinet and also sits in the Parliament of Tuvalu, but does not vote; the parliamentary role of the Attorney-General is purely advisory.[2] As the principal legal officer of Tuvalu, she is responsible for drafting legislation, and also advising the government and the government departments on legal matters related to government activities, such as the Tuvalu Climate Change Resilience Act 2019;[3] and advising on Law of the sea issues, such as the operation of Tuvalu Seabed Minerals Act 2014,[4] as Tuvalu's Exclusive Economic Zone (EEZ) covers an oceanic area of approximately 900,000 km2.[5]

An important role in the period from 1916 to 2023 was her work on the Tuvalu Constitutional Review Project. From 2016 to 2018, she was a member of the Secretariat that was established to support the work of the Constitutional Review Committee (CRC). Following her graduate degree study in London for an LLM, in 2020 she was appointed as the advisor to the Constitution Select Committee, which continued the work of the CRC.[6] The Tuvalu Constitutional Review Project ended with the Parliament of Tuvalu enacting the Constitution of Tuvalu Act 2023. This revised constitution declared that Tuvalu’s area, including maritime zones (that is, the EEZ) are permanent, regardless of any effects resulting from climate change.

Education[edit]

In 2006, she commenced the LLB program at the University of the South Pacific (USP); following which she completed the Professional Diploma in Legal Practice so that she could be admitted to practice in the Courts of Law.[1]

In 2018-2019, she studied for an LLM in Drafting Legislation, Regulation, and Policy at the Institute of Advanced Legislative Studies (IALS) of the University of London.[1]

Career[edit]

After completing her degree as USP she gained the position of Crown Counsel at the Attorney General’s office in Tuvalu. After 5 years she was promoted to the role of Senior Crown Counsel, and acting Attorney General when Eselealofa Apinelu was absent from the office.[1] In 2022 she was appointed the Attorney-General of Tuvalu.[1]

Representation of Tuvalu at international organisations[edit]

In July 2015, as acting Attorney-General, she represented Tuvalu at a meeting of the International Seabed Authority in Kingston, Jamaica,[4] and in 2018 she was a member of Tuvalu’s delegation that attended the meeting of the United Nations Human Rights Council for the conference on the Universal Periodic Review Report of the Working Group on Tuvalu.[7]

In 2021 she was the Interim Deputy Permanent Representative and the First Secretary to the Permanent Representative of Tuvalu to the United Nations.[8]

She represented Tuvalu at the United Nations in 2021, including speaking on Tuvalu’s new initiative, which was later reflected in the drafting of the Constitution of Tuvalu Act 2023, to protect the statehood of small atoll nations facing existential threats from sea-level rise, and to preserve the sovereignty, rights and heritage of affected nations and their populations.[9]

Constitutional Review Committee and Constitution Select Committee[edit]

From 2016 to 2018, she was a member of the Secretariat that was established to support the work of the Constitutional Review Committee (CRC), which was responsible for the implementation of the Tuvalu Constitutional Review Project.[10][11]

In 2020 she was appointed as the advisor to the Constitution Select Committee, which continued the work of the CRC.[6] The Tuvalu Constitutional Review Project ended with the Parliament of Tuvalu enacting the Constitution of Tuvalu Act 2023.[12]

The 2023 amendments to the Constitution of Tuvalu Act 2023 adopt an innovative approach to determining the boundaries of the State of Tuvalu. Section 2(1) states the perpetual statehood of Tuvalu “notwithstanding the impacts of climate change or other causes resulting in loss to the physical territory of Tuvalu” Section 2(2) recognises the threat of climate change, and declares Tuvalu’s area, including maritime zones (as set out in a schedule to the Constitution) are permanent, regardless of any effects resulting from climate change. This innovative approach follows that announced by the leaders of the Pacific Islands Forum countries who published a declaration on 6 August 2021 that recalled that Pacific Islands Forum Members have a long history of support for the United Nations Convention on the Law of the Sea (the “Convention”), and which declaration ended with a proclamation: “that our maritime zones, as established and notified to the Secretary-General of the United Nations in accordance with the Convention, and the rights and entitlements that flow from them, shall continue to apply, without reduction, notwithstanding any physical changes connected to climate change-related sea-level rise.”[13][14]

Political offices
Preceded by Attorney-General of Tuvalu
2022 - present 		Incumbent

Published works[edit]

  • Italeli Talia, Laingane (2021). "Unwrapping the Effectiveness Test as a Measure of Legislative Quality: A Case Study of the Tuvalu Climate Change Resilience Act 2019". European Journal of Law Reform. 23 (1): 115. doi:10.5553/EJLR/138723702021023001005. S2CID 236701619.

References[edit]

  1. ^ a b c d e "Tuvalu's human rights record to be examined by Universal Periodic Review". The United Nations Office of the High Commissioner for Human Rights. 7 November 2023. Retrieved 25 February 2024.
  2. ^ "Palamene o Tuvalu (Parliament of Tuvalu)" (PDF). Inter-Parliamentary Union. 1981. Retrieved 25 February 2024.
  3. ^ Italeli Talia, Laingane (2021). "Unwrapping the Effectiveness Test as a Measure of Legislative Quality: A Case Study of the Tuvalu Climate Change Resilience Act 2019". European Journal of Law Reform. 23 (1): 115. doi:10.5553/EJLR/138723702021023001005. S2CID 236701619.
  4. ^ a b "International Seabed Authority - Twenty-first Session" (PDF). International Seabed Authority. July 2015. Retrieved 16 March 2024.
  5. ^ A J Tilling; E Fihaki (17 November 2009). Tuvalu National Biodiversity Strategy and Action Plan (PDF). Fourth National Report to the Convention on Biological Diversity. p. 7. Retrieved 2 February 2017.
  6. ^ a b "Final Report – Constitutional Review Parliamentary Select Committee". Department of Foreign Affairs - Government of Tuvalu. 12 December 2022. Retrieved 25 November 2023.
  7. ^ "United Nations Human Rights Council - Thirty-ninth session - Universal periodic review Report of the Working Group on the Universal Periodic Review - Tuvalu" (PDF). UNHRC. September 2018. Retrieved 16 March 2024.
  8. ^ Permanent Missions to the United Nations, No. 310. United Nations. May 2022. p. 319. ISBN 9789210018289.
  9. ^ "Urgently Call for Action to Combat Rising Sea Levels, Prevent Dire Consequences". Sixth Committee (Legal) begins International Law Commission Third Cluster Review, Debating General Principles of Law, Replacement Language for ‘Civilized Nations’ (General Assembly Seventy-Sixth Session). 2 November 2021. Retrieved 1 April 2024.
  10. ^ Mohammed Mozeem - Project Manager (July 2018). "Tuvalu Constitutional Review Project Report" (PDF). Office of the Attorney General Tuvalu. Archived from the original (PDF) on 8 January 2022. Retrieved 4 October 2019.
  11. ^ "Tuvalu Constitutional Review Project - Annual Project Report (Jan – Dec 2017)" (PDF). AusAID, UNDP, Government of Tuvalu. December 2017. Retrieved 16 March 2024.
  12. ^ "Constitution of Tuvalu" (PDF). Government of Tuvalu. 1 October 2023. Retrieved 27 November 2023.
  13. ^ "Declaration on Preserving Maritime Zones in the Face of Climate Change-related Sea-Level Rise". Pacific Islands Forum. 6 August 2021. Retrieved 28 November 2023.
  14. ^ Kofe, Simon (10 November 2021). "Tuvalu's Future Now Project: preparing for climate change in the worst-case scenario". DevPolicyBlog - Development Policy Centre. Retrieved 27 November 2023.
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