Constitution of Kiribati 1979, as amended to 1995


Citizenship and Nationality

(1) Every person of I-Kiribati descent who, having been born in Kiribati, is on the day prior to Independence Day a citizen of the United Kingdom and Colonies shall become a citizen of Kiribati on Independence Day.
(2) Every person not of I-Kiribati descent who, having been born in Kiribati, is an eligible person shall become a citizen of Kiribati on Independence Day.
(3) Every person who is of I-Kiribati descent or an eligible person and who acquired the status of citizen of the United Kingdom and Colonies under the British Nationality Acts 1948 to 1965 by virtue of having been naturalized or registered under those Acts, or naturalized as a British subject before 1949, while resident in Kiribati shall, become a citizen of Kiribati on Independence Day. (Sec. 20)

Citizenship and Nationality

(1) Every person of I-Kiribati descent2 who having been born outside Kiribati is on the day prior to Independence Day a citizen of the United Kingdom and Colonies shall, if his father becomes or would but for his death or renunciation of his citizenship of the United Kingdom and Colonies have become a citizen of Kiribati by virtue of subsection (1) or (3) of the preceding section, become a citizen of Kiribati on Independence Day.
(2) Every person not of I-Kiribati descent who having been born outside Kiribati is an eligible person shall, if his father becomes or would but for his death have become a citizen of Kiribati by virtue of subsection (2) or (3) of the preceding section, become a citizen of Kiribati on Independence Day. (Sec. 21)

Citizenship and Nationality

Every woman who, having been married to a person who becomes, or would become, or would but for his death or renunciation of his citizenship of the United Kingdom and Colonies have become, a citizen of Kiribati by virtue of section 20 or 21 of this Constitution, acquired the status of citizen of the United Kingdom and Colonies, automatically or by registration, on the grounds of that marriage and who possesses that status on the day prior to Independence Day, shall become a citizen of Kiribati on Independence Day. (Sec. 22)

Citizenship and Nationality

Every person of I-Kiribati descent who does not become a citizen of Kiribati on Independence Day by virtue of section 20, 21, or 22 of this Constitution shall, at any time thereafter, be entitled upon making application in such manner as may be prescribed to be registered as a citizen of Kiribati. (Sec. 23)

Citizenship and Nationality

Any person, other than person of I-Kiribati descent, who-
(a) has attained the age of 18 years before Independence Day;
(b) becomes a citizen of Kiribati by virtue of section 20 or 21 of this Constitution; and
(c) is on Independence Day a national of some other country,
shall cease to be a citizen of Kiribati at the expiry of a period of 2 years after Independence Day or such longer period as may be prescribed, unless before the expiry of that period he has renounced or lost his nationally of that other country or, if the law of that other country makes no provision for or does not permit him to renounce his nationality of that other country, made such a declaration as may be prescribed. (Sec. 24)

Citizenship and Nationality

(1) Every person born in Kiribati after the day prior to Independence Day shall become a citizen of Kiribati at the date of his birth unless on that date, not being a person of I-Kiribati descent or a person whose father is a citizen of Kiribati, he becomes a citizen of some other country:
Provided that a person shall not become a citizen of Kiribati by virtue of this subsection if at the time of his birth-
(a) his father possesses such immunity from suit and legal process as is accorded to any envoy of a foreign sovereign power accredited to Kiribati and neither of his parents is a citizen of Kiribati; or
(b) his father is a citizen of a country with which Kiribati is at war and the birth occurs in a place then under occupation of such country.
(2) Every person born outside Kiribati after the day prior to Independence Day shall become a citizen of Kiribati at the date of his birth if at that date his father is, or would but for his death have been, a citizen of Kiribati. (Sec. 25)

Citizenship and Nationality

Any women who after the day prior to Independence Day marries a person who is or become a citizen of Kiribati shall be entitled, upon making application in such manner as may be prescribed, to be registered as a citizen of Kiribati. (Sec. 26)

Citizenship and Nationality

The Maneaba ni Maungatabu may make provision-
(a) for the acquisition of citizenship of Kiribati to persons who are not eligible or who are no longer eligible to become citizens of Kiribati by virtue of this Chapter;
(b) for the renunciation by any person of his citizenship of Kiribati;
(c) for the maintenance of a register of citizens of Kiribati who are also citizens of other countries; (d) for depriving of his citizenship of Kiribati-
(i) any person not of I-Kiribati descent who is a citizen of Kiribati otherwise than by virtue of this Chapter,
(ii) any other person not of I-Kiribati descent who being a citizen of Kiribati has after the day prior to Independence Day acquired another nationality. (Sec. 28)

Citizenship and Nationality

(1) For the purpose of this Chapter-

(c) any reference to the father of a person shall, in relation to a person born out of wedlock, be construed as a reference to the mother of that person;
… (Sec. 29)

Jurisdiction and Access

(3) The Beretitenti may withhold his assent to a Bill only if he is of the opinion that the Bill, if assented to, would be inconsistent with this Constitution.
(4) If the Beretitenti withholds his assents to a Bill under the preceding subsection, the Bill shall be returned to the Maneaba for amendment.
(5) If a Bill which has been returned to the Maneaba under the preceding subsection is again presented to the Beretitent, and the Beretitenti is still of the opinion that the Bill, if assented to, would be inconsistent with this Constitution, the Beretitenti shall refer the Bill to the High Court for a declaration as to whether or not the Bill, if assented to, would be inconsistent with this Constitution.
… (Sec. 66)

Jurisdiction and Access

(1) Subject to the provisions of this Constitution, if any person alleges that any provision of this Constitution (other than Chapter II) has been contravened and that his interests are being or are likely to be affected by such contravention, then, without prejudice to any other action with respect to the same matter which is lawfully available, that person may apply to the High Court for a declaration and for relief under this section.
(2) The High Court shall have jurisdiction, in any application made by any person under the preceding subsection or in any other proceedings lawfully brought before the Court, to determine whether any provision of this Constitution (other than Chapter II) has been contravened and to make a declaration accordingly: …
(3) Where the High Court makes a declaration under the preceding subsection that any provision of this Constitutions has been contravened and the person by whom the application under subsection (1) of this section was made or, in the case of other proceedings before the Court, the party in those proceedings in respect of whom the declaration is made, seeks relief, the High Court may grant to that person such remedy, being a remedy available against any person in any proceedings in the High Court under any law in force in Kiribati, as the Court considers appropriate.
...
(5) The High Court shall have jurisdiction to make a declaration as to whether any Bill referred to it by the Beretitenti under section 66 (5) of this Constitution, if assented to, would be inconsistent with this Constitution. (6) Subject to the provisions of this Constitution, the High Court shall have original jurisdiction to hear and determine any question as to the interpretation to this Constitution: Provided that the following authorities only are entitled to make application to the Court under this subsection-
(a) the Beretitetinti, acting in accordance with the advice of the Cabinet;
(b) the Attorney-General; and
(c) the Speaker. (Sec. 88)

Jurisdiction and Access

(1) The High Court shall have jurisdiction to supervise any civil or criminal proceedings before by subordinate court and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of ensuring that justice is duly administered by any such court.
(2) Where any question as to the interpretation of any provision of this Constitution (other than Chapter II) arises in any subordinate court and the court is of the opinion that the question involves a substantial question of law, the court shall refer the question to the High Court.
(3) Where any question is referred to the High Court under the preceding subsection, the High Court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision or, if that decision is the subject of an appeal to the Court of Appeal or to the Judicial Committee, in accordance with the decision of the Court of Appeal or the Judicial Committee. (Sec. 89)

Jurisdiction and Access

(1) An appeal shall lie as of right to the Judicial Committee from any decision of the High Court involving the interpretation of this Constitution in any proceeding in which application has been made to the High Court alleging that any provision of this Constitution has been contravened and the rights or interests of any Banaban or of the Rabi Council under this Chapter or Chapter III are being or are likely to be affected by such contravention.
… (Sec. 123)

Equality and Non-Discrimination

… In implementing this Constitution, we declare that –

2. the principle of equality and justice shall be upheld;
… (Preamble)

Equality and Non-Discrimination

Whereas every person in Kiribati is entitled to the fundamental rights and freedoms of the individual, that is to say, 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 or the public interest, to each and all of the following, namely- (a) life, liberty, security of the person and the protection of the law;
… (Sec. 3)

Equality and Non-Discrimination

(1) Subject to the provisions of subsections (4), (5) and (8) of this section, no law shall make any provision that is discriminatory either of itself or in its effect.
(2) Subject to the provisions of subsections (6), (7) and (8) of this section, no person shall be treated in a discriminatory manner by any person acting by virtue of any written law or in the performance of the functions of any public office or any public authority.
(3) In this section, the expression “discriminatory” means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, place of origin, political opinions, colour or creed whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description.
(4) Subsection (1) of this section shall not apply to any law so far as that law makes provision- …
(c) for the application, in the case of persons of any such description as is mentioned in the preceding subsection (or of persons connected with such persons), of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters that is the personal law applicable to persons of that description;
(d) with respect to land, the tenure of land, the resumption and acquisition of land and other like purposes; or (e) whereby persons of any such description as is mentioned in the preceding subsection may be subjected to any disability or restriction or may be accorded any privilege or advantage which, having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justifiable in a democratic society.
(5) Nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1) of this section to the extent that it makes provision with respect to standards or qualifications (not being standards or qualifications specifically relating to race, place of origin, political opinions, colour or creed) to be required of any person who is appointed to any office in the public service, any office in a disciplined force, any office in the service of a local government council or any office in a body corporate established directly by any law for public purposes.
(6) Subsection (2) of this section shall not apply to anything which is expressly or by necessary implication authorized to be done by any such provision of law as is referred to in subsection (4) or (5) of this section.
(7) Subsection (2) of this section shall not affect any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court that is vested in any person by or under this Constitution or any other law.
(8) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision whereby persons of any such description as is mentioned in subsection (3) of this section may be subjected to any restriction on the rights and freedoms guaranteed by sections 9, 11, 12, 13, and 14 of this Constitution, being such a restriction as is authorized by section 9 (2), 11 (6), 12 (2), 13 (2) or 14 (3), as the case may be.
(9) Nothing contained in or done under the authority of any law shall be held to be inconsistent with the provisions of this section-
(a) if that law was in force immediately before the coming into operation of this Constitution and has continued in force at all times since the coming into operation of this Constitution; or
(b) to the extent that the law repeals and re-enacts any provision which has been contained in any enactment at all times since immediately before the coming into operation of this Constitution. (Sec. 15)

Obligations of the State

Whereas every person in Kiribati is entitled to the fundamental rights and freedoms of the individual, that is to say, 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 or the public interest, to each and all of the following, namely-
(a) life, liberty, security of the person and the protection of the law;
(b) freedom of conscience, of expression and of assembly and association; and
(c) protection for the privacy of his home and other property and from deprivation of property without compensation,
the provision of this Chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations on that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest. (Sec. 3)

Obligations of Private Parties

Whereas every person in Kiribati is entitled to the fundamental rights and freedoms of the individual, that is to say, 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 or the public interest, to each and all of the following, namely-
(a) life, liberty, security of the person and the protection of the law;
(b) freedom of conscience, of expression and of assembly and association; and
(c) protection for the privacy of his home and other property and from deprivation of property without compensation,
the provision of this Chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations on that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest. (Sec. 3)

Judicial Protection

(1) Subject to the provision of subsection (5) of this section, if any person alleges that any of the provisions of sections 3 to 16 (inclusive) of this Constitution has been, is being or is likely to be contravened in relation to him (or, in the case of a person who is detained, if any other person alleges such a contravention in relation to the detained person) then, without prejudice to any other action with respect to the same matter which is lawfully available, that person (or that other person) may apply to the High Court for redress.
(2) The High Court shall have original jurisdiction-
(a) to hear and determine any application made by any person in pursuance of the preceding subsection;
(b) to determine any question arising in the case of any person which is referred to it in pursuance of the next following subsection,
and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing or securing the enforcement of any the provisions of sections 3 to 16 (inclusive) of this Constitution:
Provided that the High Court may decline to exercise its power under this subsection if it is satisfied that adequate means of redress for the contravention alleged are or have been available to the person concerned under other provisions of this Constitution or under any other law.
(3) If in any proceedings in any subordinate court any question arises as to the contravention of any of the provisions of sections 3 to 16 (inclusive) of this Constitution, the person presiding in that court may, and shall if any party to the proceedings so requests, refer the question to the High Court unless, in his opinion the raising of the question is merely frivolous or vexatious.
(4) The Maneaba ni Maungatabu may by law confer upon the High Court powers additional to those conferred by this section for the purpose of enabling that court more effectively to exercise the jurisdiction conferred upon it by this section.
… (Sec. 17)

Indigenous Peoples

(1) In the Maneaba ni Maungatabu 1 seat shall be reserved for a nominated representative of the Banaban community (in this section referred to as “the nominated member”).
 … (Sec. 117)

Indigenous Peoples

(1) Notwithstanding the provisions of section 55 of this Constitution, a person who has attained the age of 21 years shall be qualified to be elected as an elected member of the Maneaba ni Maungatabu for an electoral district comprising or including Banaba if he is a citizen of Kiribati or a Banaban.

(3) A person shall be entitled to be registered as an elector on Banaba if he is Banaban or a citizen of Kiribati and is otherwise entitled under section 64 of this Constitution to be registered as an elector in that place.
… (Sec. 118)

Indigenous Peoples

(1) Where any Banaban possesses any right over or interest in any land in Banaba, such right or interest shall not be affected in any way by reason of the fact that he resides in Rabi Island in Fiji.
(2) Where the Republic has acquired any right over or interest in land in Banaba-
(a) from any Banaban for the purpose of phosphate extraction; or
(b) by operation of law where the Crown had acquired it before Independence Day from any Banaban for that purpose, the Republic shall transfer that right or interest to the Banaban from whom it was acquired (whether by the Republic or the Crown) or to his heirs and successors upon the completion of phosphate extraction from that land.
(3) Where any Banaban possesses any right over or interest in land in Banaba, no such right or interest shall be compulsorily acquired other than a leasehold interest and in accordance with section 8(1) of this Constitution, and then only where the following conditions are satisfied, that is to say-
(a) the Banaba Island Council has been consulted; and
(b) every reasonable effort has been made to acquired the interest by agreement with the person who possesses the right over or interest in the land.
… (Sec. 119)

Indigenous Peoples

(1) There shall be a Banaba Island Council.
(2) The powers and duties of the Banaba Island Council shall be prescribed by or under law. (Sec. 121)

Indigenous Peoples

In this Chapter-
(a) “Banaban” and “Banabans” means the former indigenous inhabitants of Banaba and such other persons one of whose ancestors was born in Kiribati before 1900 as may now or hereafter be accepted as members of the Banaban community in accordance with custom;
(b) “Rabi Council” means the Council of Leaders establish by the Banaban Settlement Ordinance 1970 of Fiji and includes such successor body as represents the Banaban community on Banaba and Rabi Island in Fiji. (Sec. 125)

Limitations and/or Derogations

Whereas every person in Kiribati is entitled to the fundamental rights and freedoms of the individual, that is to say, 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 or the public interest, to each and all of the following, namely-
(a) life, liberty, security of the person and the protection of the law;
(b) freedom of conscience, of expression and of assembly and association; and
(c) protection for the privacy of his home and other property and from deprivation of property without compensation,
the provision of this Chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations on that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest. (Sec. 3)

Limitations and/or Derogations

(1) In this Chapter “period of public emergency” means any period during which-
(a) Kiribati is at war; or
(b) there is in force a proclamation made under this section.
(2) The Beretitenti, acting in accordance with the advice of the Cabinet, may at any time declare that a state of public emergency exists and make regulations for the purpose of dealing with the public emergency.

(5) Nothing contained in or done under the authority of any law or regulation shall be held to be inconsistent with or in contravention of section 5, 6 (2), 9, 11, 12, 13, 14, or 15 of this Constitution to the extent that the law or regulation in question makes in relation to any period of public emergency provision, or authorizes the doing during any such period of any thing, that is reasonably justifiable in the circumstances of any situation arising or existing during the period for the purpose of dealing with that situation.
… (Sec. 16)

Marriage and Family Life

(1) Subject to the provisions of subsections (4), (5) and (8) of this section, no law shall make any provision that is discriminatory either of itself or in its effect.

(3) In this section, the expression “discriminatory” means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, place of origin, political opinions, colour or creed whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description.
(4) Subsection (1) of this section shall not apply to any law so far as that law makes provision-

(c) for the application, in the case of persons of any such description as is mentioned in the preceding subsection (or of persons connected with such persons), of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters that is the personal law applicable to persons of that description;
… (Sec. 15)

Participation in Public Life and Institutions

(1) Subject to the provisions of subsections (4), (5) and (8) of this section, no law shall make any provision that is discriminatory either of itself or in its effect.

(3) In this section, the expression “discriminatory” means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, place of origin, political opinions, colour or creed whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description.

(5) Nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1) of this section to the extent that it makes provision with respect to standards or qualifications (not being standards or qualifications specifically relating to race, place of origin, political opinions, colour or creed) to be required of any person who is appointed to any office in the public service, any office in a disciplined force, any office in the service of a local government council or any office in a body corporate established directly by any law for public purposes.
… (Sec. 15)

Political Rights and Association

Whereas every person in Kiribati is entitled to the fundamental rights and freedoms of the individual, that is to say, 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 or the public interest, to each and all of the following, namely-

(b) freedom of conscience, of expression and of assembly and association;
… (Sec. 3)

Political Rights and Association

(1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of assembly and association, that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to associations for the advancement or protection of his interests.
… (Sec. 13)

Political Rights and Association

(3) Every person who is entitled to vote in a general election shall be entitled to vote in an election of Beretitenti. … (Sec. 32)

Political Rights and Association

(1) Subject to the provisions of this section and of section 118(3) of this Constitution, every person who-
(a) is a citizen of Kiribati;
(b) has attained the age of 18 years; and
(c) is a person resident within an electoral district established by or under this Constitution, shall be entitled to be registered as an elector in the electoral district in which he is resident, and when so registered to vote at an election of a member of the Maneaba ni Mangatabu for that electoral district.
… (Sec. 64)

Political Rights and Association

(3) A person shall be entitled to be registered as an elector on Banaba if he is Banaban or a citizen of Kiribati and is otherwise entitled under section 64 of this Constitution to be registered as an elector in that place.
… (Sec. 118)

Electoral Bodies

(1) The Electoral Commission shall have general responsibility for, and shall supervise, the registration of electors for the election of members of the Maneaba ni Maungatabu and the conduct of elections of such members and of referenda under this Constitution, and the Commission shall have such other functions relating to such registration, elections and referenda as may be prescribed.
(2) The Commission shall have responsibility for the conduct of elections to the office of Beretitenti under the supervision of the Chief Justice.
… (Sec. 63)

Head of State

(1) There shall be a president of Kiribati, who shall be known as Beretitenti.
(2) The Beretitenti shall be the Head of State and the Head of Government. (Sec. 30)

Head of State

(2) The Maneaba shall after the election of the Speaker nominate, from among members of the Maneaba, not less than 3 nor more than 4 candidates for election as Beretitenti and no other person may be a candidate.
… (Sec. 32)

Vice-President

(1) There shall be a vice-president of Kiribati, who shall be known as Kauoman-ni-Beretitenti.
(2) The Beretitenti shall, as soon as practicable after assuming that office, appoint a Kauoman- ni-Beretitenti from among the Ministers.
… (Sec. 39)

Government

There shall be a Cabinet which shall consist of the Beretitenti, the Kauoman-ni-Beretitenti and not more than 10 other Ministers, and the Attorney-General. (Sec. 40)

Government

(1) The Beretitenti shall, as soon as practicable after assuming that office, appoint the Ministers from among members of the Maneaba ni Maungatabu.
… (Sec. 41)

Legislature

There shall be a legislature for Kiribati which shall be known as the Maneaba ni Maungatabu and shall consist of a single chamber. (Sec. 52)

Legislature

(1) Subject to the provisions of this section, the Maneaba ni Maungatabu shall be composed of-
(a) 35 elected members;
(b) the member provided for in section 117 of this Constitution; and
(c) if he is not an elected member, the Attorney-General as an ex- officio member.
… (Sec. 53)

Legislature

Subject to the provisions of the next following section and of section 118 (1) of this Constitution, a person shall be qualified to be elected as an elected member of the Maneaba ni Maungatabu if, and shall not be so qualified unless-
(a) he is a citizen of Kiribati; and
(b) he has attained the age of 21 years. (Sec. 55)

Legislature

(1) In the Maneaba ni Maungatabu 1 seat shall be reserved for a nominated representative of the Banaban community (in this section referred to as “the nominated member”).
(2) The Electoral Commission shall declare the nominated member to be such person, qualified under the next following subsection, as shall have been nominated by the Rabi council to fill the seat provided for by this section.
(3) No person shall be qualified to be a nominated member unless-
(a) he is a Bananba; and
(b) he is qualified to be elected as an elected member of the Maneaba in accordance with section 55 (b) and 56 of this Constitution.
… (Sec. 117)

Legislature

(1) Notwithstanding the provisions of section 55 of this Constitution, a person who has attained the age of 21 years shall be qualified to be elected as an elected member of the Maneaba ni Maungatabu for an electoral district comprising or including Banaba if he is a citizen of Kiribati or a Banaban.
… (Sec. 118)

Property, Inheritance and Land Tenure

Whereas every person in Kiribati is entitled to the fundamental rights and freedoms of the individual, that is to say, 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 or the public interest, to each and all of the following, namely-

(c) protection for the privacy of his home and other property and from deprivation of property without compensation,
… (Sec. 3)

Property, Inheritance and Land Tenure

1) Subject to the provisions of subsections (4), (5) and (8) of this section, no law shall make any provision that is discriminatory either of itself or in its effect.

(3) In this section, the expression “discriminatory” means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, place of origin, political opinions, colour or creed whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description.
(4) Subsection (1) of this section shall not apply to any law so far as that law makes provision-

(c) for the application, in the case of persons of any such description as is mentioned in the preceding subsection (or of persons connected with such persons), of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters that is the personal law applicable to persons of that description;
(d) with respect to land, the tenure of land, the resumption and acquisition of land and other like purposes;
… (Sec. 15)

Property, Inheritance and Land Tenure

(1) Where any Banaban possesses any right over or interest in any land in Banaba, such right or interest shall not be affected in any way by reason of the fact that he resides in Rabi Island in Fiji.
(2) Where the Republic has acquired any right over or interest in land in Banaba-
(a) from any Banaban for the purpose of phosphate extraction; or
(b) by operation of law where the Crown had acquired it before Independence Day from any Banaban for that purpose, the Republic shall transfer that right or interest to the Banaban from whom it was acquired (whether by the Republic or the Crown) or to his heirs and successors upon the completion of phosphate extraction from that land.
(3) Where any Banaban possesses any right over or interest in land in Banaba, no such right or interest shall be compulsorily acquired other than a leasehold interest and in accordance with section 8(1) of this Constitution, and then only where the following conditions are satisfied, that is to say-
(a) the Banaba Island Council has been consulted; and
(b) every reasonable effort has been made to acquired the interest by agreement with the person who possesses the right over or interest in the land.
… (Sec. 119)

Protection from Violence

Whereas every person in Kiribati is entitled to the fundamental rights and freedoms of the individual, that is to say, 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 or the public interest, to each and all of the following, namely-
(a) life, liberty, security of the person and the protection of the law;
… (Sec. 3)

Protection from Violence

(1) No person shall be held in slavery or servitude.
(2) No person shall be required to perform forced labour.
… (Sec. 6)

Protection from Violence

(1) No person shall be subjected to torture or to inhuman or degrading punishment or other treatment.
… (Sec. 7)

Public Institutions and Services

(1) Subject to the provisions of section 105 of this Constitution, the law applicable to the grant and payment to any person, or his widow, children, dependents or personal representatives, of any pension, gratuity or other like allowance (in this section and sections 104 and 105 of this Constitution referred to as an “award”) in respect of the service of that person in a public office shall be that in force on the relevant day or any later law not less favourable to the person concerned.
… (Sec. 103)

Public Institutions and Services

(1) The power to grant any award under any pensions law in force in Kiribati (other than an award to which, under that law, the person to whom it is payable is entitled as of right) and, in accordance with any provisions in that behalf in any such law, to withhold, reduces in amount or suspends any award payable under any such law shall vest in the Beretitenti, acting in accordance with the advice of the Public Service Commission.
(2) In this section, “pensions law” means any law relating to the grant to any person, or to the widow, children, dependents or personal representatives of that person, of an award in respect of the services of that person in a public office. (Sec. 105)

Status of the Constitution

This Constitution is the supreme law of Kiribati and if any other law is inconsistent with this Constitution, that other law shall, to the extent of the inconsistency, be void. (Sec. 2)

Customary Law

We the people of Kiribati, acknowledging God as the Almighty Father in whom we put trust, and with faith in the enduring value of our tradition and heritage, do now grant ourselves this Constitution establishing a sovereign democratic State.
In implementing this Constitution, we declare that –

4. we shall continue to cherish and uphold the customs and traditions of Kiribati. (Preamble)

Citizenship and Nationality

English

(1) Every person of I-Kiribati descent who, having been born in Kiribati, is on the day prior to Independence Day a citizen of the United Kingdom and Colonies shall become a citizen of Kiribati on Independence Day.
(2) Every person not of I-Kiribati descent who, having been born in Kiribati, is an eligible person shall become a citizen of Kiribati on Independence Day.
(3) Every person who is of I-Kiribati descent or an eligible person and who acquired the status of citizen of the United Kingdom and Colonies under the British Nationality Acts 1948 to 1965 by virtue of having been naturalized or registered under those Acts, or naturalized as a British subject before 1949, while resident in Kiribati shall, become a citizen of Kiribati on Independence Day. (Sec. 20)

Citizenship and Nationality

English

(1) Every person of I-Kiribati descent2 who having been born outside Kiribati is on the day prior to Independence Day a citizen of the United Kingdom and Colonies shall, if his father becomes or would but for his death or renunciation of his citizenship of the United Kingdom and Colonies have become a citizen of Kiribati by virtue of subsection (1) or (3) of the preceding section, become a citizen of Kiribati on Independence Day.
(2) Every person not of I-Kiribati descent who having been born outside Kiribati is an eligible person shall, if his father becomes or would but for his death have become a citizen of Kiribati by virtue of subsection (2) or (3) of the preceding section, become a citizen of Kiribati on Independence Day. (Sec. 21)

Citizenship and Nationality

English

Every woman who, having been married to a person who becomes, or would become, or would but for his death or renunciation of his citizenship of the United Kingdom and Colonies have become, a citizen of Kiribati by virtue of section 20 or 21 of this Constitution, acquired the status of citizen of the United Kingdom and Colonies, automatically or by registration, on the grounds of that marriage and who possesses that status on the day prior to Independence Day, shall become a citizen of Kiribati on Independence Day. (Sec. 22)

Citizenship and Nationality

English

Every person of I-Kiribati descent who does not become a citizen of Kiribati on Independence Day by virtue of section 20, 21, or 22 of this Constitution shall, at any time thereafter, be entitled upon making application in such manner as may be prescribed to be registered as a citizen of Kiribati. (Sec. 23)

Citizenship and Nationality

English

Any person, other than person of I-Kiribati descent, who-
(a) has attained the age of 18 years before Independence Day;
(b) becomes a citizen of Kiribati by virtue of section 20 or 21 of this Constitution; and
(c) is on Independence Day a national of some other country,
shall cease to be a citizen of Kiribati at the expiry of a period of 2 years after Independence Day or such longer period as may be prescribed, unless before the expiry of that period he has renounced or lost his nationally of that other country or, if the law of that other country makes no provision for or does not permit him to renounce his nationality of that other country, made such a declaration as may be prescribed. (Sec. 24)

Citizenship and Nationality

English

(1) Every person born in Kiribati after the day prior to Independence Day shall become a citizen of Kiribati at the date of his birth unless on that date, not being a person of I-Kiribati descent or a person whose father is a citizen of Kiribati, he becomes a citizen of some other country:
Provided that a person shall not become a citizen of Kiribati by virtue of this subsection if at the time of his birth-
(a) his father possesses such immunity from suit and legal process as is accorded to any envoy of a foreign sovereign power accredited to Kiribati and neither of his parents is a citizen of Kiribati; or
(b) his father is a citizen of a country with which Kiribati is at war and the birth occurs in a place then under occupation of such country.
(2) Every person born outside Kiribati after the day prior to Independence Day shall become a citizen of Kiribati at the date of his birth if at that date his father is, or would but for his death have been, a citizen of Kiribati. (Sec. 25)

Citizenship and Nationality

English

Any women who after the day prior to Independence Day marries a person who is or become a citizen of Kiribati shall be entitled, upon making application in such manner as may be prescribed, to be registered as a citizen of Kiribati. (Sec. 26)

Citizenship and Nationality

English

The Maneaba ni Maungatabu may make provision-
(a) for the acquisition of citizenship of Kiribati to persons who are not eligible or who are no longer eligible to become citizens of Kiribati by virtue of this Chapter;
(b) for the renunciation by any person of his citizenship of Kiribati;
(c) for the maintenance of a register of citizens of Kiribati who are also citizens of other countries; (d) for depriving of his citizenship of Kiribati-
(i) any person not of I-Kiribati descent who is a citizen of Kiribati otherwise than by virtue of this Chapter,
(ii) any other person not of I-Kiribati descent who being a citizen of Kiribati has after the day prior to Independence Day acquired another nationality. (Sec. 28)

Citizenship and Nationality

English

(1) For the purpose of this Chapter-

(c) any reference to the father of a person shall, in relation to a person born out of wedlock, be construed as a reference to the mother of that person;
… (Sec. 29)

Jurisdiction and Access

English

(3) The Beretitenti may withhold his assent to a Bill only if he is of the opinion that the Bill, if assented to, would be inconsistent with this Constitution.
(4) If the Beretitenti withholds his assents to a Bill under the preceding subsection, the Bill shall be returned to the Maneaba for amendment.
(5) If a Bill which has been returned to the Maneaba under the preceding subsection is again presented to the Beretitent, and the Beretitenti is still of the opinion that the Bill, if assented to, would be inconsistent with this Constitution, the Beretitenti shall refer the Bill to the High Court for a declaration as to whether or not the Bill, if assented to, would be inconsistent with this Constitution.
… (Sec. 66)

Jurisdiction and Access

English

(1) Subject to the provisions of this Constitution, if any person alleges that any provision of this Constitution (other than Chapter II) has been contravened and that his interests are being or are likely to be affected by such contravention, then, without prejudice to any other action with respect to the same matter which is lawfully available, that person may apply to the High Court for a declaration and for relief under this section.
(2) The High Court shall have jurisdiction, in any application made by any person under the preceding subsection or in any other proceedings lawfully brought before the Court, to determine whether any provision of this Constitution (other than Chapter II) has been contravened and to make a declaration accordingly: …
(3) Where the High Court makes a declaration under the preceding subsection that any provision of this Constitutions has been contravened and the person by whom the application under subsection (1) of this section was made or, in the case of other proceedings before the Court, the party in those proceedings in respect of whom the declaration is made, seeks relief, the High Court may grant to that person such remedy, being a remedy available against any person in any proceedings in the High Court under any law in force in Kiribati, as the Court considers appropriate.
...
(5) The High Court shall have jurisdiction to make a declaration as to whether any Bill referred to it by the Beretitenti under section 66 (5) of this Constitution, if assented to, would be inconsistent with this Constitution. (6) Subject to the provisions of this Constitution, the High Court shall have original jurisdiction to hear and determine any question as to the interpretation to this Constitution: Provided that the following authorities only are entitled to make application to the Court under this subsection-
(a) the Beretitetinti, acting in accordance with the advice of the Cabinet;
(b) the Attorney-General; and
(c) the Speaker. (Sec. 88)

Jurisdiction and Access

English

(1) The High Court shall have jurisdiction to supervise any civil or criminal proceedings before by subordinate court and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of ensuring that justice is duly administered by any such court.
(2) Where any question as to the interpretation of any provision of this Constitution (other than Chapter II) arises in any subordinate court and the court is of the opinion that the question involves a substantial question of law, the court shall refer the question to the High Court.
(3) Where any question is referred to the High Court under the preceding subsection, the High Court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision or, if that decision is the subject of an appeal to the Court of Appeal or to the Judicial Committee, in accordance with the decision of the Court of Appeal or the Judicial Committee. (Sec. 89)

Jurisdiction and Access

English

(1) An appeal shall lie as of right to the Judicial Committee from any decision of the High Court involving the interpretation of this Constitution in any proceeding in which application has been made to the High Court alleging that any provision of this Constitution has been contravened and the rights or interests of any Banaban or of the Rabi Council under this Chapter or Chapter III are being or are likely to be affected by such contravention.
… (Sec. 123)

Equality and Non-Discrimination

English

… In implementing this Constitution, we declare that –

2. the principle of equality and justice shall be upheld;
… (Preamble)

Equality and Non-Discrimination

English

Whereas every person in Kiribati is entitled to the fundamental rights and freedoms of the individual, that is to say, 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 or the public interest, to each and all of the following, namely- (a) life, liberty, security of the person and the protection of the law;
… (Sec. 3)

Equality and Non-Discrimination

English

(1) Subject to the provisions of subsections (4), (5) and (8) of this section, no law shall make any provision that is discriminatory either of itself or in its effect.
(2) Subject to the provisions of subsections (6), (7) and (8) of this section, no person shall be treated in a discriminatory manner by any person acting by virtue of any written law or in the performance of the functions of any public office or any public authority.
(3) In this section, the expression “discriminatory” means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, place of origin, political opinions, colour or creed whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description.
(4) Subsection (1) of this section shall not apply to any law so far as that law makes provision- …
(c) for the application, in the case of persons of any such description as is mentioned in the preceding subsection (or of persons connected with such persons), of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters that is the personal law applicable to persons of that description;
(d) with respect to land, the tenure of land, the resumption and acquisition of land and other like purposes; or (e) whereby persons of any such description as is mentioned in the preceding subsection may be subjected to any disability or restriction or may be accorded any privilege or advantage which, having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justifiable in a democratic society.
(5) Nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1) of this section to the extent that it makes provision with respect to standards or qualifications (not being standards or qualifications specifically relating to race, place of origin, political opinions, colour or creed) to be required of any person who is appointed to any office in the public service, any office in a disciplined force, any office in the service of a local government council or any office in a body corporate established directly by any law for public purposes.
(6) Subsection (2) of this section shall not apply to anything which is expressly or by necessary implication authorized to be done by any such provision of law as is referred to in subsection (4) or (5) of this section.
(7) Subsection (2) of this section shall not affect any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court that is vested in any person by or under this Constitution or any other law.
(8) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision whereby persons of any such description as is mentioned in subsection (3) of this section may be subjected to any restriction on the rights and freedoms guaranteed by sections 9, 11, 12, 13, and 14 of this Constitution, being such a restriction as is authorized by section 9 (2), 11 (6), 12 (2), 13 (2) or 14 (3), as the case may be.
(9) Nothing contained in or done under the authority of any law shall be held to be inconsistent with the provisions of this section-
(a) if that law was in force immediately before the coming into operation of this Constitution and has continued in force at all times since the coming into operation of this Constitution; or
(b) to the extent that the law repeals and re-enacts any provision which has been contained in any enactment at all times since immediately before the coming into operation of this Constitution. (Sec. 15)

Obligations of the State

English

Whereas every person in Kiribati is entitled to the fundamental rights and freedoms of the individual, that is to say, 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 or the public interest, to each and all of the following, namely-
(a) life, liberty, security of the person and the protection of the law;
(b) freedom of conscience, of expression and of assembly and association; and
(c) protection for the privacy of his home and other property and from deprivation of property without compensation,
the provision of this Chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations on that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest. (Sec. 3)

Obligations of Private Parties

English

Whereas every person in Kiribati is entitled to the fundamental rights and freedoms of the individual, that is to say, 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 or the public interest, to each and all of the following, namely-
(a) life, liberty, security of the person and the protection of the law;
(b) freedom of conscience, of expression and of assembly and association; and
(c) protection for the privacy of his home and other property and from deprivation of property without compensation,
the provision of this Chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations on that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest. (Sec. 3)

Judicial Protection

English

(1) Subject to the provision of subsection (5) of this section, if any person alleges that any of the provisions of sections 3 to 16 (inclusive) of this Constitution has been, is being or is likely to be contravened in relation to him (or, in the case of a person who is detained, if any other person alleges such a contravention in relation to the detained person) then, without prejudice to any other action with respect to the same matter which is lawfully available, that person (or that other person) may apply to the High Court for redress.
(2) The High Court shall have original jurisdiction-
(a) to hear and determine any application made by any person in pursuance of the preceding subsection;
(b) to determine any question arising in the case of any person which is referred to it in pursuance of the next following subsection,
and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing or securing the enforcement of any the provisions of sections 3 to 16 (inclusive) of this Constitution:
Provided that the High Court may decline to exercise its power under this subsection if it is satisfied that adequate means of redress for the contravention alleged are or have been available to the person concerned under other provisions of this Constitution or under any other law.
(3) If in any proceedings in any subordinate court any question arises as to the contravention of any of the provisions of sections 3 to 16 (inclusive) of this Constitution, the person presiding in that court may, and shall if any party to the proceedings so requests, refer the question to the High Court unless, in his opinion the raising of the question is merely frivolous or vexatious.
(4) The Maneaba ni Maungatabu may by law confer upon the High Court powers additional to those conferred by this section for the purpose of enabling that court more effectively to exercise the jurisdiction conferred upon it by this section.
… (Sec. 17)

Indigenous Peoples

English

(1) In the Maneaba ni Maungatabu 1 seat shall be reserved for a nominated representative of the Banaban community (in this section referred to as “the nominated member”).
 … (Sec. 117)

Indigenous Peoples

English

(1) Notwithstanding the provisions of section 55 of this Constitution, a person who has attained the age of 21 years shall be qualified to be elected as an elected member of the Maneaba ni Maungatabu for an electoral district comprising or including Banaba if he is a citizen of Kiribati or a Banaban.

(3) A person shall be entitled to be registered as an elector on Banaba if he is Banaban or a citizen of Kiribati and is otherwise entitled under section 64 of this Constitution to be registered as an elector in that place.
… (Sec. 118)

Indigenous Peoples

English

(1) Where any Banaban possesses any right over or interest in any land in Banaba, such right or interest shall not be affected in any way by reason of the fact that he resides in Rabi Island in Fiji.
(2) Where the Republic has acquired any right over or interest in land in Banaba-
(a) from any Banaban for the purpose of phosphate extraction; or
(b) by operation of law where the Crown had acquired it before Independence Day from any Banaban for that purpose, the Republic shall transfer that right or interest to the Banaban from whom it was acquired (whether by the Republic or the Crown) or to his heirs and successors upon the completion of phosphate extraction from that land.
(3) Where any Banaban possesses any right over or interest in land in Banaba, no such right or interest shall be compulsorily acquired other than a leasehold interest and in accordance with section 8(1) of this Constitution, and then only where the following conditions are satisfied, that is to say-
(a) the Banaba Island Council has been consulted; and
(b) every reasonable effort has been made to acquired the interest by agreement with the person who possesses the right over or interest in the land.
… (Sec. 119)

Indigenous Peoples

English

(1) There shall be a Banaba Island Council.
(2) The powers and duties of the Banaba Island Council shall be prescribed by or under law. (Sec. 121)

Indigenous Peoples

English

In this Chapter-
(a) “Banaban” and “Banabans” means the former indigenous inhabitants of Banaba and such other persons one of whose ancestors was born in Kiribati before 1900 as may now or hereafter be accepted as members of the Banaban community in accordance with custom;
(b) “Rabi Council” means the Council of Leaders establish by the Banaban Settlement Ordinance 1970 of Fiji and includes such successor body as represents the Banaban community on Banaba and Rabi Island in Fiji. (Sec. 125)

Limitations and/or Derogations

English

Whereas every person in Kiribati is entitled to the fundamental rights and freedoms of the individual, that is to say, 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 or the public interest, to each and all of the following, namely-
(a) life, liberty, security of the person and the protection of the law;
(b) freedom of conscience, of expression and of assembly and association; and
(c) protection for the privacy of his home and other property and from deprivation of property without compensation,
the provision of this Chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations on that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest. (Sec. 3)

Limitations and/or Derogations

English

(1) In this Chapter “period of public emergency” means any period during which-
(a) Kiribati is at war; or
(b) there is in force a proclamation made under this section.
(2) The Beretitenti, acting in accordance with the advice of the Cabinet, may at any time declare that a state of public emergency exists and make regulations for the purpose of dealing with the public emergency.

(5) Nothing contained in or done under the authority of any law or regulation shall be held to be inconsistent with or in contravention of section 5, 6 (2), 9, 11, 12, 13, 14, or 15 of this Constitution to the extent that the law or regulation in question makes in relation to any period of public emergency provision, or authorizes the doing during any such period of any thing, that is reasonably justifiable in the circumstances of any situation arising or existing during the period for the purpose of dealing with that situation.
… (Sec. 16)

Marriage and Family Life

English

(1) Subject to the provisions of subsections (4), (5) and (8) of this section, no law shall make any provision that is discriminatory either of itself or in its effect.

(3) In this section, the expression “discriminatory” means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, place of origin, political opinions, colour or creed whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description.
(4) Subsection (1) of this section shall not apply to any law so far as that law makes provision-

(c) for the application, in the case of persons of any such description as is mentioned in the preceding subsection (or of persons connected with such persons), of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters that is the personal law applicable to persons of that description;
… (Sec. 15)

Participation in Public Life and Institutions

English

(1) Subject to the provisions of subsections (4), (5) and (8) of this section, no law shall make any provision that is discriminatory either of itself or in its effect.

(3) In this section, the expression “discriminatory” means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, place of origin, political opinions, colour or creed whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description.

(5) Nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1) of this section to the extent that it makes provision with respect to standards or qualifications (not being standards or qualifications specifically relating to race, place of origin, political opinions, colour or creed) to be required of any person who is appointed to any office in the public service, any office in a disciplined force, any office in the service of a local government council or any office in a body corporate established directly by any law for public purposes.
… (Sec. 15)

Political Rights and Association

English

Whereas every person in Kiribati is entitled to the fundamental rights and freedoms of the individual, that is to say, 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 or the public interest, to each and all of the following, namely-

(b) freedom of conscience, of expression and of assembly and association;
… (Sec. 3)

Political Rights and Association

English

(1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of assembly and association, that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to associations for the advancement or protection of his interests.
… (Sec. 13)

Political Rights and Association

English

(3) Every person who is entitled to vote in a general election shall be entitled to vote in an election of Beretitenti. … (Sec. 32)

Political Rights and Association

English

(1) Subject to the provisions of this section and of section 118(3) of this Constitution, every person who-
(a) is a citizen of Kiribati;
(b) has attained the age of 18 years; and
(c) is a person resident within an electoral district established by or under this Constitution, shall be entitled to be registered as an elector in the electoral district in which he is resident, and when so registered to vote at an election of a member of the Maneaba ni Mangatabu for that electoral district.
… (Sec. 64)

Political Rights and Association

English

(3) A person shall be entitled to be registered as an elector on Banaba if he is Banaban or a citizen of Kiribati and is otherwise entitled under section 64 of this Constitution to be registered as an elector in that place.
… (Sec. 118)

Electoral Bodies

English

(1) The Electoral Commission shall have general responsibility for, and shall supervise, the registration of electors for the election of members of the Maneaba ni Maungatabu and the conduct of elections of such members and of referenda under this Constitution, and the Commission shall have such other functions relating to such registration, elections and referenda as may be prescribed.
(2) The Commission shall have responsibility for the conduct of elections to the office of Beretitenti under the supervision of the Chief Justice.
… (Sec. 63)

Head of State

English

(1) There shall be a president of Kiribati, who shall be known as Beretitenti.
(2) The Beretitenti shall be the Head of State and the Head of Government. (Sec. 30)

Head of State

English

(2) The Maneaba shall after the election of the Speaker nominate, from among members of the Maneaba, not less than 3 nor more than 4 candidates for election as Beretitenti and no other person may be a candidate.
… (Sec. 32)

Vice-President

English

(1) There shall be a vice-president of Kiribati, who shall be known as Kauoman-ni-Beretitenti.
(2) The Beretitenti shall, as soon as practicable after assuming that office, appoint a Kauoman- ni-Beretitenti from among the Ministers.
… (Sec. 39)

Government

English

There shall be a Cabinet which shall consist of the Beretitenti, the Kauoman-ni-Beretitenti and not more than 10 other Ministers, and the Attorney-General. (Sec. 40)

Government

English

(1) The Beretitenti shall, as soon as practicable after assuming that office, appoint the Ministers from among members of the Maneaba ni Maungatabu.
… (Sec. 41)

Legislature

English

There shall be a legislature for Kiribati which shall be known as the Maneaba ni Maungatabu and shall consist of a single chamber. (Sec. 52)

Legislature

English

(1) Subject to the provisions of this section, the Maneaba ni Maungatabu shall be composed of-
(a) 35 elected members;
(b) the member provided for in section 117 of this Constitution; and
(c) if he is not an elected member, the Attorney-General as an ex- officio member.
… (Sec. 53)

Legislature

English

Subject to the provisions of the next following section and of section 118 (1) of this Constitution, a person shall be qualified to be elected as an elected member of the Maneaba ni Maungatabu if, and shall not be so qualified unless-
(a) he is a citizen of Kiribati; and
(b) he has attained the age of 21 years. (Sec. 55)

Legislature

English

(1) In the Maneaba ni Maungatabu 1 seat shall be reserved for a nominated representative of the Banaban community (in this section referred to as “the nominated member”).
(2) The Electoral Commission shall declare the nominated member to be such person, qualified under the next following subsection, as shall have been nominated by the Rabi council to fill the seat provided for by this section.
(3) No person shall be qualified to be a nominated member unless-
(a) he is a Bananba; and
(b) he is qualified to be elected as an elected member of the Maneaba in accordance with section 55 (b) and 56 of this Constitution.
… (Sec. 117)

Legislature

English

(1) Notwithstanding the provisions of section 55 of this Constitution, a person who has attained the age of 21 years shall be qualified to be elected as an elected member of the Maneaba ni Maungatabu for an electoral district comprising or including Banaba if he is a citizen of Kiribati or a Banaban.
… (Sec. 118)

Property, Inheritance and Land Tenure

English

Whereas every person in Kiribati is entitled to the fundamental rights and freedoms of the individual, that is to say, 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 or the public interest, to each and all of the following, namely-

(c) protection for the privacy of his home and other property and from deprivation of property without compensation,
… (Sec. 3)

Property, Inheritance and Land Tenure

English

1) Subject to the provisions of subsections (4), (5) and (8) of this section, no law shall make any provision that is discriminatory either of itself or in its effect.

(3) In this section, the expression “discriminatory” means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, place of origin, political opinions, colour or creed whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description.
(4) Subsection (1) of this section shall not apply to any law so far as that law makes provision-

(c) for the application, in the case of persons of any such description as is mentioned in the preceding subsection (or of persons connected with such persons), of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters that is the personal law applicable to persons of that description;
(d) with respect to land, the tenure of land, the resumption and acquisition of land and other like purposes;
… (Sec. 15)

Property, Inheritance and Land Tenure

English

(1) Where any Banaban possesses any right over or interest in any land in Banaba, such right or interest shall not be affected in any way by reason of the fact that he resides in Rabi Island in Fiji.
(2) Where the Republic has acquired any right over or interest in land in Banaba-
(a) from any Banaban for the purpose of phosphate extraction; or
(b) by operation of law where the Crown had acquired it before Independence Day from any Banaban for that purpose, the Republic shall transfer that right or interest to the Banaban from whom it was acquired (whether by the Republic or the Crown) or to his heirs and successors upon the completion of phosphate extraction from that land.
(3) Where any Banaban possesses any right over or interest in land in Banaba, no such right or interest shall be compulsorily acquired other than a leasehold interest and in accordance with section 8(1) of this Constitution, and then only where the following conditions are satisfied, that is to say-
(a) the Banaba Island Council has been consulted; and
(b) every reasonable effort has been made to acquired the interest by agreement with the person who possesses the right over or interest in the land.
… (Sec. 119)

Protection from Violence

English

Whereas every person in Kiribati is entitled to the fundamental rights and freedoms of the individual, that is to say, 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 or the public interest, to each and all of the following, namely-
(a) life, liberty, security of the person and the protection of the law;
… (Sec. 3)

Protection from Violence

English

(1) No person shall be held in slavery or servitude.
(2) No person shall be required to perform forced labour.
… (Sec. 6)

Protection from Violence

English

(1) No person shall be subjected to torture or to inhuman or degrading punishment or other treatment.
… (Sec. 7)

Public Institutions and Services

English

(1) Subject to the provisions of section 105 of this Constitution, the law applicable to the grant and payment to any person, or his widow, children, dependents or personal representatives, of any pension, gratuity or other like allowance (in this section and sections 104 and 105 of this Constitution referred to as an “award”) in respect of the service of that person in a public office shall be that in force on the relevant day or any later law not less favourable to the person concerned.
… (Sec. 103)

Public Institutions and Services

English

(1) The power to grant any award under any pensions law in force in Kiribati (other than an award to which, under that law, the person to whom it is payable is entitled as of right) and, in accordance with any provisions in that behalf in any such law, to withhold, reduces in amount or suspends any award payable under any such law shall vest in the Beretitenti, acting in accordance with the advice of the Public Service Commission.
(2) In this section, “pensions law” means any law relating to the grant to any person, or to the widow, children, dependents or personal representatives of that person, of an award in respect of the services of that person in a public office. (Sec. 105)

Status of the Constitution

English

This Constitution is the supreme law of Kiribati and if any other law is inconsistent with this Constitution, that other law shall, to the extent of the inconsistency, be void. (Sec. 2)

Customary Law

English

We the people of Kiribati, acknowledging God as the Almighty Father in whom we put trust, and with faith in the enduring value of our tradition and heritage, do now grant ourselves this Constitution establishing a sovereign democratic State.
In implementing this Constitution, we declare that –

4. we shall continue to cherish and uphold the customs and traditions of Kiribati. (Preamble)

1

Links to all sites last visited 2 March 2016

2

According to Sec. 29: (1) “For the purpose of this Chapter- (a) “a person of I-Kiribati descent” means a person one of whose ancestors was born in Kiribati before 1900; (b) “an eligible person” means a person who on the day prior to Independence Day- (i) is a citizen of the United Kingdom and Colonies, and (ii) has no other nationality, provided that- (iii) neither he, his father nor his father’s father was born in the United Kingdom or was registered or naturalized in the United Kingdom as a citizen of the United Kingdom and Colonies or a British subject; (c) any reference to the father of a person shall, in relation to a person born out of wedlock, be construed as a reference to the mother of that person; …”