Constitution of Kiribati 1979, as amended to 2018
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
    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)
Links to all sites last visited 8 January 2024
2

Sec. 55 as amended by 2018 Amendment.

3

Sec. 40 as amended by 2016 Amendment.

4

Sec. 55 as amended by 2018 Amendment.