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Jurisdiction and Access
Kiribati
- 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.
6. If the High Court declares that the Bill, if assented to, would not be inconsistent with this Constitution, the Beretitenti shall assent to the Bill forthwith; if the High Court declares otherwise, the Bill shall be returned to the Maneaba.
… (Sec. 66)
Obligations of the State
Kiribati
- EnglishWhereas 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,
... (Sec. 3)
Obligations of the State
Kiribati
- English1. Subject to the provisions 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 of the provisions of sections 3 to 16 (inclusive) of this Constitution:
Provided that the High Court may decline to exercise its powers 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)
Obligations of Private Parties
Kiribati
- English1. 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 proceedings 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)
National Human Rights Bodies
Kiribati
- English1. 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)
Political Rights and Association
Kiribati
- 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
Kiribati
- EnglishWhereas 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
Kiribati
- 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)
Political Rights and Association
Kiribati
- English1. 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 eighteen 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 Maungatabu for that electoral district.
… (Sec. 64)
Political Rights and Association
Kiribati
- 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)