Constitution of Kiribati 1979, as amended to 2018
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, ... 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)
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2

Sec. 55 as amended by 2018 Amendment.

3

Sec. 40 as amended by 2016 Amendment.

4

Sec. 55 as amended by 2018 Amendment.