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Limitations and/or Derogations

Kiribati, 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)

Limitations and/or Derogations

Kiribati, 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)

Indigenous Peoples

Kiribati, 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

Kiribati, 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

Kiribati, 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)

Indigenous Peoples

Kiribati, 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

Kiribati, 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)

Status of the Constitution

Kiribati, 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)

Jurisdiction and Access

Kiribati, 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)

Jurisdiction and Access

Kiribati, 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)