| KIRIBATI Republic of Kiribati Republic of Kiribati Joined United Nations: 14 September 1999 Human Rights as assured by their constitution Updated 03 December 2012 |
CHAPTER II
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL
Fundamental rights and freedoms of the individual
3. 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 and for 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 provisions 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.
Protection of right to life
4. (1) No person shall be deprived of his life intentionally save in execution of the sentence of a court in respect of a criminal offence
under the law in force in Kiribati of which he has been convicted.
(2) A person shall not be regarded as having been deprived of his life in contravention of this section if he dies as the result of the use, to
such extent and in such circumstances as are permitted by law, of such force as is reasonably justifiable-
(a) for the defence of any person from violence or for the defence of property;
(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
(c) for the purpose of suppressing a riot, insurrection or mutiny; or
(d) in order to prevent the commission by that person of a criminal offence, or if he dies as the result of a lawful act of war.
Protection of right to personal liberty
5. (1) No person shall be deprived of his personal liberty save as may be authorised by law in any of the following cases, that is to say-
(a) in consequence of his unfitness to plead to a criminal charge;
(b) in execution of the sentence or order of a court, whether established for Kiribati or some other country, in respect of a criminal
offence of which he has been convicted;
(c) in execution of the order of a court of record punishing him for contempt of that court or of a court inferior to it;
(d) in execution of the order of a court made to secure the fulfilment of any obligation imposed on him by law;
(e) for the purpose of bringing him before a court in execution of the order of a court;
(f) upon reasonable suspicion of his having committed, or being about to commit, a criminal offence under the law in force in Kiribati;
(g) in the case of a person who has not attained the age of eighteen years, under the order of a court or with the consent of his parent or
guardian, for the purpose of his education or welfare;
(h) for the purpose of preventing the spread of an infectious or contagious disease;
(i) in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant for the
purpose of his care or treatment or the protection of the community;
(j) for the purpose of preventing the unlawful entry of that person into Kiribati, or for the purpose of effecting the expulsion, extradition
or other lawful removal of that person from Kiribati or for the purpose of restricting that person while he is being conveyed through
Kiribati in the course of his extradition or removal as a convicted prisoner from one country to another; or
(k) to such extent as may be necessary in the execution of a lawful order requiring that person to remain within a specified area within
Kiribati or prohibiting him from being within such an area, or to such extent as may be reasonably justifiable for the taking of proceedings
against that person relating to the making of any such order, or to such extent as may be reasonably justifiable for restraining that person
during any visit that he is permitted to make to any part of Kiribati in which in consequence of any such order, his presence would
otherwise be unlawful.
(2) Any person who is arrested or detained shall be informed as soon as reasonably practicable, and in a language that he understands, of
the reasons for his arrest or detention.
(3) Any person who is arrested or detained-
(a) for the purpose of bringing him before a court in execution of the order of a court; or
(b) upon reasonable suspicion of his having committed, or being about to commit, a criminal offence under the law in force in Kiribati,
and who is not released, shall be brought without undue delay before a court; and if any person arrested or detained upon reasonable
suspicion of his having committed or being about to commit a criminal offence is not tried within a reasonable time, then, without
prejudice to any further proceedings that may be brought against him, he shall be released either unconditionally or upon reasonable
conditions, including in particular such conditions as are reasonably necessary to ensure that he appears at a later date for trial or for
proceedings preliminary to trial.
(4) Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefor from that other
person.
Protection from slavery and forced labour
6. (1) No person shall be held in slavery or servitude.
(2) No person shall be required to perform forced labour.
(3) For the purposes of this section, the expression "forced labour" does not include-
(a) any labour required in consequence of the sentence or order of a court;
(b) any labour required of any person while he is lawfully detained that, though not required in consequence of the sentence or order of a
court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he is detained;
(c) any labour required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has
conscientious objections to service as a member of a disciplined force, any labour that that person is required by law to perform in place
of such service;
(d) any labour required during any period of public emergency or in the event of any other emergency or calamity that threatens the life
and well-being of the community, to the extent that the requiring of such labour is reasonably justifiable in the circumstances of any
situation arising or existing during that period or as a result of that other emergency or calamity, for the purpose of dealing with that
situation; or
(e) any labour reasonably required as part of reasonable and normal communal or other civic obligations.
Protection from inhuman treatment
7. (1) No person shall be subjected to torture or to inhuman or degrading punishment or other treatment.
(2) 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 authorises the infliction of any description of punishment that was lawful in Kiribati immediately before
the coming into operation of this Constitution.
Protection from deprivation of property
8. (1) No property of any description shall be compulsorily taken possession of, and no interest in or right over property of any
description shall be compulsorily acquired, except where the following conditions are satisfied, that is to say-
(a) the taking of possession or acquisition is necessary or expedient in the interests of defence, public safety, public order, public
morality, public health town or country planning or the development or utilisation of any property for a public purpose; and
(b) there is reasonable justification for the causing of any hardship that may result to any person having an interest in or right over the
property; and
(c) provision is made by a law applicable to that taking of possession or acquisition-
(i) for the payment of adequate compensation within a reasonable time; and
(ii) securing to any person having an interest in or right over the property a right of access to the High Court, whether direct or on appeal
from any other authority, for the determination of his interest or right, the legality of the taking of possession or acquisition of the
property, interest or right and the amount of any compensation to which he is entitled, and for the purpose of obtaining that compensation.
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section-
(a) to the extent that the law in question makes provision for the taking of possession or acquisition of any property-
(i) in satisfaction of any tax, rate or duty;
(ii) by way of penalty for breach of the law of forfeiture in consequence of a breach of the law;
(iii) as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge or contract;
(iv) in the execution of judgments or orders of a court in proceedings for the determination of civil rights or obligations;
(v) in circumstances where it is reasonably necessary so to do because the property is in a dangerous state or injurious to the health of
human beings, animals or plants;
(vi) in consequence of any law with respect to the limitation of actions or acquisitive prescription;
(vii) for so long only as may be necessary for the purposes of any examination, investigation, trial or inquiry or, in the case of land, the
carrying out thereon-
(A) of work of soil conservation or of conservation of other natural resources; or
(B) of work relating to agricultural development or improvement which the owner or occupier of the land has been required, and has
without reasonable excuse refused or failed, to carry out; or
(viii) pursuant to rights granted to any person to prospect for or mine minerals where the law in question makes reasonable provision for
the payment of royalties and provides for adequate compensation for disturbance of surface rights,
except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable
in a democratic society; or
(b) to the extent that the law in question makes provision for the taking of possession or acquisition of-
(i) enemy property;
(ii) property of a deceased person, a person of unsound mind, a person who has not attained the age of eighteen years or a person who is
absent from Kiribati, for the purpose of its administration for the benefit of the persons entitled to the beneficial interest therein;
(iii) property of a person declared to be insolvent or a body corporate in liquidation, for the purpose of its administration for the benefit of
the creditors of the insolvent or body corporate and, subject thereto, for the benefit of other persons entitled to the beneficial interest in
the property; or
(iv) property subject to a trust, for the purpose of vesting the property in persons appointed as trustees under the instrument creating the
trust or by a court or, by order of a court, for the purpose of giving effect to the trust.
(3) Nothing in this section shall be construed as affecting the making or operation of any law for the compulsory taking of possession in
the public interest of any property, or the compulsory acquisition in the public interest of any interest in or right over property, where that
property, interest or right is held by a body corporate established for public purposes by any law and in which no money s have been
invested other than moneys provided by the Government.
Protection for privacy of home and other property
9. (1) Except with his own consent, no person shall be subjected to the search of his person or his property or the entry by others on his
premises.
(2) 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-
(a) in the interests of defence, public safety, public order, public morality, public health, town or country planning, the development or
utilisation of mineral resources, or the development or utilisation of any other property in such a manner as to promote the public benefit;
(b) for the purpose of protecting the rights or freedoms of other persons;
(c) for the purpose of authorising an officer or agent of the Government, a local government council or a body corporate established by
law for a public purpose to enter on the premises of any person in order to inspect those premises or anything thereon for the purpose of
any tax, rate or duty or in order to carry out work connected with any property that is lawfully on those premises and that belongs to that
Government, council or body corporate, as the case may be;
(d) for the purpose of authorising the entry upon any premises in pursuance of an order of a court for the purpose of enforcing the
judgment or order of a court in any proceedings; or
(e) for the purpose of authorising the entry upon any premises for the purpose of preventing or detecting criminal offences,
and except so far as that provision or, as the case may be, any thing done under the authority thereof is shown not to be reasonably
justifiable in a democratic society.
Provisions to secure protection of law
10. (1) If any person is charged with a criminal offence, then, unless the charge is withdrawn, the case shall be afforded a fair hearing
within a reasonable time by an independent and impartial court established by law.
(2) Every person who is charged with a criminal offence-
(a) shall be presumed to be innocent until he is proved or has pleaded guilty;
(b) shall be informed as soon as reasonably practicable, in detail and in a language that he understands, of the nature of the offence
charged;
(c) shall be given adequate time and facilities for the preparation of his defence;
(d) shall be permitted to defend himself before the court in person or, at his own expense, by a representative of his own choice;
(e) shall be afforded facilities to examine in person or by his representative the witnesses called by the prosecution before the court, and
to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on the same conditions as
those applying to witnesses called by the prosecution; and
(f) shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial of the
charge,
and, except with his own consent, the trial shall not take place in his absence unless he so conducts himself as to render the continuance
of the proceedings in his presence impracticable and the court has ordered him to be removed and the trial to proceed in his absence.
(3) When a person is tried for any criminal offence, the accused person or any person authorised by him in that behalf shall, if he so
requires and subject to payment of such reasonable fee as may be prescribed by law, be given within a reasonable time after judgment a
copy for the use of the accused person of any record of the proceedings made by or on behalf of the court.
(4) No person shall be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place,
constitute such an offence, and no penalty shall be imposed for any criminal offence that is severer in degree or description than the
maximum penalty that might have been imposed for that offence at the time when it was committed.
(5) No person who shows that he has been tried by a competent court for a criminal offence and either convicted or acquitted shall again
be tried for that offence or for any other criminal offence of which he could have been convicted at the trial for that offence, save upon
the order of a superior court in the course of appeal or review proceedings relating to the conviction or acquittal.
(6) No person shall be tried for a criminal offence if he shows that he has been pardoned for that offence.
(7) No person who is tried for a criminal offence shall be compelled to give evidence at the trial.
(8) Any court or other adjudicating authority prescribed by law for the determination of the existence or extent of any civil right or
obligation shall be established or recognised by law and shall be independent and impartial; and where proceedings for such a
determination are instituted by any person before such a court or other adjudicating authority, the case shall be given a fair hearing within
a reasonable time.
(9) Except with the agreement of all the parties thereto, all proceedings of every court and proceedings for the determination of the
existence or extent of any civil right or obligation before any other adjudicating authority, including the announcement of the decision of
the court or other authority, shall be held in public.
(10) Nothing in the preceding subsection shall prevent the court or other adjudicating authority from excluding from the proceedings
persons other than the parties thereto and their representatives to such extent as the court or other authority-
(a) may by law be empowered so to do and may consider necessary or expedient in circumstances where publicity would prejudice the
interests of justice or in interlocutory proceedings or in the interests of decency, public morality, the welfare of persons under the age of
eighteen years or the protection of the private lives of persons concerned in the proceedings; or
(b) may by law be empowered or required so to do in the interests of defence, public safety or public order.
(11) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of-
(a) subsection (2) (a) of this section to the extent that the law in question imposes upon any person charged with a criminal offence the
burden of proving particular facts;
(b) subsection (2) (e) of this section to the extent that the law in question imposes reasonable conditions that must be satisfied if
witnesses called to testify on behalf of an accused person are to be paid their expenses out of public funds; or
(c) subsection (5) of this section to the extent that the law in question authorises a court to try a member of a disciplined force for a
criminal offence notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force, so,
however, that any court so trying such a member and convicting him shall in sentencing him to any punishment take into account any
punishment awarded him under that disciplinary law.
(12) In this section "criminal offence" means a criminal offence under the law in force in Kiribati.
Protection of freedom of conscience
11. (1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of conscience, and for the purposes of
this section the said freedom includes freedom of thought and of religion, freedom to change his religion or belief, and freedom, either
alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching,
practice and observance.
(2) Every religious community shall be entitled, at its own expense, to establish and maintain places of education and to manage any place
of education which it wholly maintains.
(3) No religious community shall be prevented from providing religious instruction for persons of that community in the course of any
education provided at any place of education which it wholly maintains or in the course of any education which it otherwise provides.
(4) Except with his own consent (or, if he is a person who has not attained the age of eighteen years, the consent of his guardian) no
person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony
or observance if that instruction, ceremony or observance relates to a religion other than his own.
(5) No person shall be compelled to take any oath which is contrary to his religion or belief or to take any oath in a manner which is
contrary to his religion or belief.
(6) 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 which is reasonably required-
(a) in the interests of defence, public safety, public order, public morality or public health; or
(b) for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practise any religion without
the unsolicited intervention of members of any other religion,
and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably
justifiable in a democratic society.
(7) References in this section to a religion shall be construed as including references to a religious denomination and cognate expressions
shall be construed accordingly.
Protection of freedom of expression
12. (1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression, and for the purposes of
this section the said freedom includes the freedom to hold opinions without interference, freedom to receive ideas and information without
interference, freedom to communicate ideas and information without interference and freedom from interference with his correspondence.
(2) 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-
(a) in the interests of defence, public safety, public order, public morality or public health;
(b) for the purpose of protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal
proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, or
regulating the administration or the technical operation of telephony, telegraphy, posts, wireless or broadcasting; or
(c) that imposes restrictions upon public employees,
and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably
justifiable in a democratic society.
Protection of freedom of assembly and association
13. (1) Except with his own consent, no person shall be indfered (sic) 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.
(2) 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-
(a) in the interests of defence, public safety, public order, public morality or public health;
(b) for the purpose of protecting the rights or freedoms of other persons; or
(c) that imposes restrictions upon public employees,
and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably
justifiable in a democratic society.
Protection of freedom of movement
14. (1) No person shall be deprived of his freedom of movement, and for the purposes of this section the said freedom means the right to
move freely throughout Kiribati, the right to reside in any part of Kiribati, the right to enter and to leave Kiribati and immunity from
expulsion from Kiribati.
(2) Any restriction on a person's freedom of movement that is involved in his lawful detention shall not be held to be inconsistent with or
in contravention of this section.
(3) 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-
(a) for the imposition of restrictions on the movement or residence within Kiribati of any person or on any person's right to leave Kiribati
that are reasonably required in the interests of defence, public safety or public order;
(b) for the imposition of restrictions on the movement or residence within Kiribati or on the right to leave Kiribati of persons generally or
any class of persons that are reasonably required in the interests of defence, public safety, public order, public morality, public health,
environmental conservation or in fulfilment of the international treaty obligations of Kiribati;
(c) for the imposition of restrictions on the movement or residence within Kiribati of any person who is not a citizen of Kiribati or the
exclusion or expulsion from Kiribati of any such person;
(d) for the imposition of restrictions on the acquisition or use by any person of land or other property in Kiribati;
(e) for the imposition of restrictions upon the movement or residence within Kiribati of public employees that are reasonably required for
the purpose of ensuring the proper performance of their functions;
(f) for the removal of a person from Kiribati to be tried or punished in some other country for a criminal offence under the law of that
other country or to undergo imprisonment in that other country in execution of the sentence of a court in respect of a criminal offence
under the law in force in Kiribati of which he has been convicted;
(g) for the imposition of restrictions, by order of a court, on the movement or residence within Kiribati of any person or on any person's
right to leave Kiribati either in consequence of his having been found guilty of a criminal offence under the law of Kiribati or for the
purpose of ensuring that he appears before a court at a later date for trial or for proceedings relating to his extradition or lawful removal
from Kiribati; or
(h) for the imposition of restrictions on the right of any person to leave Kiribati in order to secure the fulfilment of any obligations
imposed upon that person by law, except so far as the provision or, as the case may be, the thing done under the authority thereof is
shown not to be reasonably justifiable in a democratic society.
(4) If any person whose freedom of movement has been restricted by virtue only of such a provision as is referred to in subsection (3)
(a) of this section so requests at any time during the period of that restriction not earlier than six months after he last made such a request
during that period, his case shall be reviewed by an independent and impartial Tribunal.
(5) On any review by a Tribunal in pursuance of the preceding subsection of the case of a person whose freedom of movement has been
restricted, the Tribunal may make recommendations concerning the necessity or expediency of continuing the restriction to the authority
by which it was ordered but, unless it is otherwise provided by law, that authority shall not be obliged to act in accordance with any such
recommendations.
Protection from discrimination on the grounds of race, etc.
15. (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-
(a) for the imposition of taxation or the appropriation of revenue by the Government or any local authority or body for local purposes;
(b) with respect to persons who are not citizens of Kiribati;
(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 authorised 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 authorised 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.
Provisions for periods of public emergency
16. (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.
(3) Any declaration or regulations under the preceding subsection shall be made by proclamation published at the office of the Beretitenti.
(4) A proclamation made under this section, if not sooner revoked, shall cease to have effect at the expiration of 3 days (or, in the case of
a proclamation made otherwise than during a meeting of the Maneaba ni Maungatabu, 30 days) from the date of publication unless it has
in the meantime been approved by a resolution of the Maneaba, and a proclamation that has been so approved shall remain in force so long
as the resolution remains in force and no longer.
(5) Nothing contained in or done under the authority of any law or regulation shall be held to be inconsistent with or in convention 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 authorises 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.
(6) Where a person is detained by virtue of such a law or regulation as is referred to in the preceding subsection, the following provisions
shall apply, that is to say-
(a) he shall, as soon as reasonably practicable and in any case not more than 10 days after the commencement of his detention, be
furnished with a statement in writing, in a language that he understands, specifying in detail the grounds upon which he is detained;
(b) not more than 14 days after the commencement of his detention, a notification shall be published at the office of the Beretitenti stating
that he has been detained and giving particulars of the provision of law under which his detention is authorised;
(c) not more than 1 month after the commencement of his detention and thereafter during his detention at intervals of not more than 6
months, his case shall be reviewed by an independent and impartial Tribunal consisting of a Chairman appointed by the Chief Justice and 2
other members appointed by the Chief Justice sitting with the Public Service Commission;
(d) he shall be afforded reasonable facilities to consult a representative of his own choice who shall be permitted to make representations
to the Tribunal; and
(e) at the hearing of his case by the Tribunal he shall be permitted to appear in person or through a representative of his own choice.
(7) On any review by a Tribunal in pursuance of this section of the case of a detained person, the Tribunal may make recommendations
concerning the necessity or expediency of continuing his detention to the authority by which it was ordered but, unless it is otherwise
provided by law, that authority shall not be obliged to act in accordance with any such recommendations.
(8) Nothing in subsection (6) (d) or (e) of this section shall be construed as entitling a person to representation at public expense.
Enforcement of protective provisions
17. (1) 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.
(5) Rules of court making provision with respect to the practice and procedure of the High Court in relation to the jurisdiction conferred
on it by or under this section (including rules with respect to the time within which any application or reference shall or may be made or
brought) may be made by the person or authority for the time being having power to make rules of court with respect to the practice and
procedure of that court generally.
Interpretation and savings
18. (1) In this Chapter, unless the context otherwise requires-
"contravention", in relation to any requirement, includes a failure to comply with that requirement, and cognate expressions shall be
construed accordingly;
"court" means any court of law having jurisdiction in Kiribati other than a court established by a disciplinary law, and includes the Judicial
Committee and in sections 4 and 6 of this Constitution a court established by a disciplinary law;
"disciplinary law" means a law regulating the discipline of any disciplined force;
"disciplined force" means-
(a) the Kiribati Police;
(b) the Prison Service;
(c) the Marine Protection Service;
(d) the Marine Training School;
"member", in relation to a disciplined force, includes any person who, under the law regulating the discipline of that force, is subject to
that discipline.
(2) In relation to any person who is a member of a disciplined force of Kiribati, nothing contained in or done under the authority of the
disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this Chapter other than
sections 4, 6 and 7.
(3) In relation to any person who is a member of a disciplined force that is not a disciplined force of Kiribati and who is present in Kiribati
in pursuance of arrangements made between the Government of Kiribati and another Government or an international organisation, nothing
contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of
any of the provisions of this Chapter.
(4) No measures taken in relation to a person who is a member of a disciplined force of a country with which Kiribati is at war and no
law, to the extent that it authorises the taking of any such measures, shall be held to be inconsistent with or in contravention of any of the
provisions of this Chapter.
CHAPTER III
CITIZENSHIP
Rights of person of I-Kiribati descent
19. Every person of I-Kiribati descent shall have an inalienable right to enter and reside in Kiribati and on Independence Day shall as
hereinafter provided, become or have and continue to have thereafter the right to become a citizen of Kiribati.
Persons born, naturalised or registered in Kiribati before Independence Day
20. (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 naturalised or registered under those Acts, or naturalised
as a British subject before 1949, while resident in Kiribati, shall become a citizen of Kiribati on Independence Day.
Persons born outside Kiribati before Independence Day
21. (1) Every person of I-Kiribati descent 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.
Wives of persons who become citizens on Independence Day
22. Every woman who, having been married to a person who 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 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.
Persons entitled to be registered as citizens
23. Every person of I-Kiribati decent 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.
Avoidance of dual nationality
24. Any person, other than a 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 nationality 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.
Persons born after the day prior to Independence Day
25. (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.
Marriage to citizens of Kiribati
26. Any women who after the day prior to Independence Day marries a person who is or becomes 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.
Commonwealth citizens
27. (1) Every person who under this Constitution or any other law is a citizen of Kiribati or under any enactment for the time being in
force in any country to which this section applies is a citizen of that country shall, by virtue of that citizenship, have the status of a
Commonwealth citizen.
(2) Every person who is a British subject without citizenship under the British Nationality Act 1948, continues to be a British subject under
section 2 of that Act or is a British subject under the British Nationality Act 1965 shall, by virtue of that status, have the status of a
Commonwealth citizen.
(3) Save as may be otherwise provided by the Maneaba ni Maungatabu the countries to which this section applies are Australia, The
Bahamas, Bangladesh, Barbados, Botswana, Canada, Cyprus, Dominica, Fiji, The Gambia, Ghana, Grenada, Guyana, India, Jamaica,
Kenya, Lesotho, Malawi, Malaysia, Malta, Mauritius, Nauru, New Zealand, Nigeria, Papua New Guinea, Saint Lucia, Seychelles, Sierra
Leone, Singapore, Solomon Islands, Southern Rhodesia, Sri Lanka, Swaziland, Tanzania, Tonga, Trinidad and Tobago, Tuvalu, Uganda,
the United Kingdom and Colonies, Western Samoa and Zambia.
Powers of the Maneaba ni Maungatabu
28. The Maneaba ni Maungatabu may make provision-
(a) for the acquisition of citizenship of Kiribati by 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.
Interpretation
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 naturalised 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;
(d) a person born aboard a registered ship or aircraft, or aboard an unregistered ship or aircraft of the Government of any country, shall
be deemed to have been born in the place in which the ship or aircraft was registered or, as the case may be, in that country.
(2) For the purpose of the definition of "an eligible person" in subsection (1) (b) of this section, where a person has a nationality other
than citizenship of the United Kingdom and Colonies he shall be deemed to have lost that other nationality if-
(a) the law of the country of that other nationality makes no provision for or does not permit him to renounce that nationality; and
(b) he has before Independence Day signed and delivered to the Government of the Gilbert Islands a declaration that he no longer regards
himself as having that other nationality and will not claim the benefits of that nationality and wishes to become a citizen of Kiribati.
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL
Fundamental rights and freedoms of the individual
3. 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 and for 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 provisions 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.
Protection of right to life
4. (1) No person shall be deprived of his life intentionally save in execution of the sentence of a court in respect of a criminal offence
under the law in force in Kiribati of which he has been convicted.
(2) A person shall not be regarded as having been deprived of his life in contravention of this section if he dies as the result of the use, to
such extent and in such circumstances as are permitted by law, of such force as is reasonably justifiable-
(a) for the defence of any person from violence or for the defence of property;
(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
(c) for the purpose of suppressing a riot, insurrection or mutiny; or
(d) in order to prevent the commission by that person of a criminal offence, or if he dies as the result of a lawful act of war.
Protection of right to personal liberty
5. (1) No person shall be deprived of his personal liberty save as may be authorised by law in any of the following cases, that is to say-
(a) in consequence of his unfitness to plead to a criminal charge;
(b) in execution of the sentence or order of a court, whether established for Kiribati or some other country, in respect of a criminal
offence of which he has been convicted;
(c) in execution of the order of a court of record punishing him for contempt of that court or of a court inferior to it;
(d) in execution of the order of a court made to secure the fulfilment of any obligation imposed on him by law;
(e) for the purpose of bringing him before a court in execution of the order of a court;
(f) upon reasonable suspicion of his having committed, or being about to commit, a criminal offence under the law in force in Kiribati;
(g) in the case of a person who has not attained the age of eighteen years, under the order of a court or with the consent of his parent or
guardian, for the purpose of his education or welfare;
(h) for the purpose of preventing the spread of an infectious or contagious disease;
(i) in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant for the
purpose of his care or treatment or the protection of the community;
(j) for the purpose of preventing the unlawful entry of that person into Kiribati, or for the purpose of effecting the expulsion, extradition
or other lawful removal of that person from Kiribati or for the purpose of restricting that person while he is being conveyed through
Kiribati in the course of his extradition or removal as a convicted prisoner from one country to another; or
(k) to such extent as may be necessary in the execution of a lawful order requiring that person to remain within a specified area within
Kiribati or prohibiting him from being within such an area, or to such extent as may be reasonably justifiable for the taking of proceedings
against that person relating to the making of any such order, or to such extent as may be reasonably justifiable for restraining that person
during any visit that he is permitted to make to any part of Kiribati in which in consequence of any such order, his presence would
otherwise be unlawful.
(2) Any person who is arrested or detained shall be informed as soon as reasonably practicable, and in a language that he understands, of
the reasons for his arrest or detention.
(3) Any person who is arrested or detained-
(a) for the purpose of bringing him before a court in execution of the order of a court; or
(b) upon reasonable suspicion of his having committed, or being about to commit, a criminal offence under the law in force in Kiribati,
and who is not released, shall be brought without undue delay before a court; and if any person arrested or detained upon reasonable
suspicion of his having committed or being about to commit a criminal offence is not tried within a reasonable time, then, without
prejudice to any further proceedings that may be brought against him, he shall be released either unconditionally or upon reasonable
conditions, including in particular such conditions as are reasonably necessary to ensure that he appears at a later date for trial or for
proceedings preliminary to trial.
(4) Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefor from that other
person.
Protection from slavery and forced labour
6. (1) No person shall be held in slavery or servitude.
(2) No person shall be required to perform forced labour.
(3) For the purposes of this section, the expression "forced labour" does not include-
(a) any labour required in consequence of the sentence or order of a court;
(b) any labour required of any person while he is lawfully detained that, though not required in consequence of the sentence or order of a
court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he is detained;
(c) any labour required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has
conscientious objections to service as a member of a disciplined force, any labour that that person is required by law to perform in place
of such service;
(d) any labour required during any period of public emergency or in the event of any other emergency or calamity that threatens the life
and well-being of the community, to the extent that the requiring of such labour is reasonably justifiable in the circumstances of any
situation arising or existing during that period or as a result of that other emergency or calamity, for the purpose of dealing with that
situation; or
(e) any labour reasonably required as part of reasonable and normal communal or other civic obligations.
Protection from inhuman treatment
7. (1) No person shall be subjected to torture or to inhuman or degrading punishment or other treatment.
(2) 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 authorises the infliction of any description of punishment that was lawful in Kiribati immediately before
the coming into operation of this Constitution.
Protection from deprivation of property
8. (1) No property of any description shall be compulsorily taken possession of, and no interest in or right over property of any
description shall be compulsorily acquired, except where the following conditions are satisfied, that is to say-
(a) the taking of possession or acquisition is necessary or expedient in the interests of defence, public safety, public order, public
morality, public health town or country planning or the development or utilisation of any property for a public purpose; and
(b) there is reasonable justification for the causing of any hardship that may result to any person having an interest in or right over the
property; and
(c) provision is made by a law applicable to that taking of possession or acquisition-
(i) for the payment of adequate compensation within a reasonable time; and
(ii) securing to any person having an interest in or right over the property a right of access to the High Court, whether direct or on appeal
from any other authority, for the determination of his interest or right, the legality of the taking of possession or acquisition of the
property, interest or right and the amount of any compensation to which he is entitled, and for the purpose of obtaining that compensation.
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section-
(a) to the extent that the law in question makes provision for the taking of possession or acquisition of any property-
(i) in satisfaction of any tax, rate or duty;
(ii) by way of penalty for breach of the law of forfeiture in consequence of a breach of the law;
(iii) as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge or contract;
(iv) in the execution of judgments or orders of a court in proceedings for the determination of civil rights or obligations;
(v) in circumstances where it is reasonably necessary so to do because the property is in a dangerous state or injurious to the health of
human beings, animals or plants;
(vi) in consequence of any law with respect to the limitation of actions or acquisitive prescription;
(vii) for so long only as may be necessary for the purposes of any examination, investigation, trial or inquiry or, in the case of land, the
carrying out thereon-
(A) of work of soil conservation or of conservation of other natural resources; or
(B) of work relating to agricultural development or improvement which the owner or occupier of the land has been required, and has
without reasonable excuse refused or failed, to carry out; or
(viii) pursuant to rights granted to any person to prospect for or mine minerals where the law in question makes reasonable provision for
the payment of royalties and provides for adequate compensation for disturbance of surface rights,
except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable
in a democratic society; or
(b) to the extent that the law in question makes provision for the taking of possession or acquisition of-
(i) enemy property;
(ii) property of a deceased person, a person of unsound mind, a person who has not attained the age of eighteen years or a person who is
absent from Kiribati, for the purpose of its administration for the benefit of the persons entitled to the beneficial interest therein;
(iii) property of a person declared to be insolvent or a body corporate in liquidation, for the purpose of its administration for the benefit of
the creditors of the insolvent or body corporate and, subject thereto, for the benefit of other persons entitled to the beneficial interest in
the property; or
(iv) property subject to a trust, for the purpose of vesting the property in persons appointed as trustees under the instrument creating the
trust or by a court or, by order of a court, for the purpose of giving effect to the trust.
(3) Nothing in this section shall be construed as affecting the making or operation of any law for the compulsory taking of possession in
the public interest of any property, or the compulsory acquisition in the public interest of any interest in or right over property, where that
property, interest or right is held by a body corporate established for public purposes by any law and in which no money s have been
invested other than moneys provided by the Government.
Protection for privacy of home and other property
9. (1) Except with his own consent, no person shall be subjected to the search of his person or his property or the entry by others on his
premises.
(2) 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-
(a) in the interests of defence, public safety, public order, public morality, public health, town or country planning, the development or
utilisation of mineral resources, or the development or utilisation of any other property in such a manner as to promote the public benefit;
(b) for the purpose of protecting the rights or freedoms of other persons;
(c) for the purpose of authorising an officer or agent of the Government, a local government council or a body corporate established by
law for a public purpose to enter on the premises of any person in order to inspect those premises or anything thereon for the purpose of
any tax, rate or duty or in order to carry out work connected with any property that is lawfully on those premises and that belongs to that
Government, council or body corporate, as the case may be;
(d) for the purpose of authorising the entry upon any premises in pursuance of an order of a court for the purpose of enforcing the
judgment or order of a court in any proceedings; or
(e) for the purpose of authorising the entry upon any premises for the purpose of preventing or detecting criminal offences,
and except so far as that provision or, as the case may be, any thing done under the authority thereof is shown not to be reasonably
justifiable in a democratic society.
Provisions to secure protection of law
10. (1) If any person is charged with a criminal offence, then, unless the charge is withdrawn, the case shall be afforded a fair hearing
within a reasonable time by an independent and impartial court established by law.
(2) Every person who is charged with a criminal offence-
(a) shall be presumed to be innocent until he is proved or has pleaded guilty;
(b) shall be informed as soon as reasonably practicable, in detail and in a language that he understands, of the nature of the offence
charged;
(c) shall be given adequate time and facilities for the preparation of his defence;
(d) shall be permitted to defend himself before the court in person or, at his own expense, by a representative of his own choice;
(e) shall be afforded facilities to examine in person or by his representative the witnesses called by the prosecution before the court, and
to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on the same conditions as
those applying to witnesses called by the prosecution; and
(f) shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial of the
charge,
and, except with his own consent, the trial shall not take place in his absence unless he so conducts himself as to render the continuance
of the proceedings in his presence impracticable and the court has ordered him to be removed and the trial to proceed in his absence.
(3) When a person is tried for any criminal offence, the accused person or any person authorised by him in that behalf shall, if he so
requires and subject to payment of such reasonable fee as may be prescribed by law, be given within a reasonable time after judgment a
copy for the use of the accused person of any record of the proceedings made by or on behalf of the court.
(4) No person shall be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place,
constitute such an offence, and no penalty shall be imposed for any criminal offence that is severer in degree or description than the
maximum penalty that might have been imposed for that offence at the time when it was committed.
(5) No person who shows that he has been tried by a competent court for a criminal offence and either convicted or acquitted shall again
be tried for that offence or for any other criminal offence of which he could have been convicted at the trial for that offence, save upon
the order of a superior court in the course of appeal or review proceedings relating to the conviction or acquittal.
(6) No person shall be tried for a criminal offence if he shows that he has been pardoned for that offence.
(7) No person who is tried for a criminal offence shall be compelled to give evidence at the trial.
(8) Any court or other adjudicating authority prescribed by law for the determination of the existence or extent of any civil right or
obligation shall be established or recognised by law and shall be independent and impartial; and where proceedings for such a
determination are instituted by any person before such a court or other adjudicating authority, the case shall be given a fair hearing within
a reasonable time.
(9) Except with the agreement of all the parties thereto, all proceedings of every court and proceedings for the determination of the
existence or extent of any civil right or obligation before any other adjudicating authority, including the announcement of the decision of
the court or other authority, shall be held in public.
(10) Nothing in the preceding subsection shall prevent the court or other adjudicating authority from excluding from the proceedings
persons other than the parties thereto and their representatives to such extent as the court or other authority-
(a) may by law be empowered so to do and may consider necessary or expedient in circumstances where publicity would prejudice the
interests of justice or in interlocutory proceedings or in the interests of decency, public morality, the welfare of persons under the age of
eighteen years or the protection of the private lives of persons concerned in the proceedings; or
(b) may by law be empowered or required so to do in the interests of defence, public safety or public order.
(11) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of-
(a) subsection (2) (a) of this section to the extent that the law in question imposes upon any person charged with a criminal offence the
burden of proving particular facts;
(b) subsection (2) (e) of this section to the extent that the law in question imposes reasonable conditions that must be satisfied if
witnesses called to testify on behalf of an accused person are to be paid their expenses out of public funds; or
(c) subsection (5) of this section to the extent that the law in question authorises a court to try a member of a disciplined force for a
criminal offence notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force, so,
however, that any court so trying such a member and convicting him shall in sentencing him to any punishment take into account any
punishment awarded him under that disciplinary law.
(12) In this section "criminal offence" means a criminal offence under the law in force in Kiribati.
Protection of freedom of conscience
11. (1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of conscience, and for the purposes of
this section the said freedom includes freedom of thought and of religion, freedom to change his religion or belief, and freedom, either
alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching,
practice and observance.
(2) Every religious community shall be entitled, at its own expense, to establish and maintain places of education and to manage any place
of education which it wholly maintains.
(3) No religious community shall be prevented from providing religious instruction for persons of that community in the course of any
education provided at any place of education which it wholly maintains or in the course of any education which it otherwise provides.
(4) Except with his own consent (or, if he is a person who has not attained the age of eighteen years, the consent of his guardian) no
person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony
or observance if that instruction, ceremony or observance relates to a religion other than his own.
(5) No person shall be compelled to take any oath which is contrary to his religion or belief or to take any oath in a manner which is
contrary to his religion or belief.
(6) 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 which is reasonably required-
(a) in the interests of defence, public safety, public order, public morality or public health; or
(b) for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practise any religion without
the unsolicited intervention of members of any other religion,
and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably
justifiable in a democratic society.
(7) References in this section to a religion shall be construed as including references to a religious denomination and cognate expressions
shall be construed accordingly.
Protection of freedom of expression
12. (1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression, and for the purposes of
this section the said freedom includes the freedom to hold opinions without interference, freedom to receive ideas and information without
interference, freedom to communicate ideas and information without interference and freedom from interference with his correspondence.
(2) 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-
(a) in the interests of defence, public safety, public order, public morality or public health;
(b) for the purpose of protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal
proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, or
regulating the administration or the technical operation of telephony, telegraphy, posts, wireless or broadcasting; or
(c) that imposes restrictions upon public employees,
and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably
justifiable in a democratic society.
Protection of freedom of assembly and association
13. (1) Except with his own consent, no person shall be indfered (sic) 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.
(2) 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-
(a) in the interests of defence, public safety, public order, public morality or public health;
(b) for the purpose of protecting the rights or freedoms of other persons; or
(c) that imposes restrictions upon public employees,
and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably
justifiable in a democratic society.
Protection of freedom of movement
14. (1) No person shall be deprived of his freedom of movement, and for the purposes of this section the said freedom means the right to
move freely throughout Kiribati, the right to reside in any part of Kiribati, the right to enter and to leave Kiribati and immunity from
expulsion from Kiribati.
(2) Any restriction on a person's freedom of movement that is involved in his lawful detention shall not be held to be inconsistent with or
in contravention of this section.
(3) 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-
(a) for the imposition of restrictions on the movement or residence within Kiribati of any person or on any person's right to leave Kiribati
that are reasonably required in the interests of defence, public safety or public order;
(b) for the imposition of restrictions on the movement or residence within Kiribati or on the right to leave Kiribati of persons generally or
any class of persons that are reasonably required in the interests of defence, public safety, public order, public morality, public health,
environmental conservation or in fulfilment of the international treaty obligations of Kiribati;
(c) for the imposition of restrictions on the movement or residence within Kiribati of any person who is not a citizen of Kiribati or the
exclusion or expulsion from Kiribati of any such person;
(d) for the imposition of restrictions on the acquisition or use by any person of land or other property in Kiribati;
(e) for the imposition of restrictions upon the movement or residence within Kiribati of public employees that are reasonably required for
the purpose of ensuring the proper performance of their functions;
(f) for the removal of a person from Kiribati to be tried or punished in some other country for a criminal offence under the law of that
other country or to undergo imprisonment in that other country in execution of the sentence of a court in respect of a criminal offence
under the law in force in Kiribati of which he has been convicted;
(g) for the imposition of restrictions, by order of a court, on the movement or residence within Kiribati of any person or on any person's
right to leave Kiribati either in consequence of his having been found guilty of a criminal offence under the law of Kiribati or for the
purpose of ensuring that he appears before a court at a later date for trial or for proceedings relating to his extradition or lawful removal
from Kiribati; or
(h) for the imposition of restrictions on the right of any person to leave Kiribati in order to secure the fulfilment of any obligations
imposed upon that person by law, except so far as the provision or, as the case may be, the thing done under the authority thereof is
shown not to be reasonably justifiable in a democratic society.
(4) If any person whose freedom of movement has been restricted by virtue only of such a provision as is referred to in subsection (3)
(a) of this section so requests at any time during the period of that restriction not earlier than six months after he last made such a request
during that period, his case shall be reviewed by an independent and impartial Tribunal.
(5) On any review by a Tribunal in pursuance of the preceding subsection of the case of a person whose freedom of movement has been
restricted, the Tribunal may make recommendations concerning the necessity or expediency of continuing the restriction to the authority
by which it was ordered but, unless it is otherwise provided by law, that authority shall not be obliged to act in accordance with any such
recommendations.
Protection from discrimination on the grounds of race, etc.
15. (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-
(a) for the imposition of taxation or the appropriation of revenue by the Government or any local authority or body for local purposes;
(b) with respect to persons who are not citizens of Kiribati;
(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 authorised 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 authorised 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.
Provisions for periods of public emergency
16. (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.
(3) Any declaration or regulations under the preceding subsection shall be made by proclamation published at the office of the Beretitenti.
(4) A proclamation made under this section, if not sooner revoked, shall cease to have effect at the expiration of 3 days (or, in the case of
a proclamation made otherwise than during a meeting of the Maneaba ni Maungatabu, 30 days) from the date of publication unless it has
in the meantime been approved by a resolution of the Maneaba, and a proclamation that has been so approved shall remain in force so long
as the resolution remains in force and no longer.
(5) Nothing contained in or done under the authority of any law or regulation shall be held to be inconsistent with or in convention 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 authorises 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.
(6) Where a person is detained by virtue of such a law or regulation as is referred to in the preceding subsection, the following provisions
shall apply, that is to say-
(a) he shall, as soon as reasonably practicable and in any case not more than 10 days after the commencement of his detention, be
furnished with a statement in writing, in a language that he understands, specifying in detail the grounds upon which he is detained;
(b) not more than 14 days after the commencement of his detention, a notification shall be published at the office of the Beretitenti stating
that he has been detained and giving particulars of the provision of law under which his detention is authorised;
(c) not more than 1 month after the commencement of his detention and thereafter during his detention at intervals of not more than 6
months, his case shall be reviewed by an independent and impartial Tribunal consisting of a Chairman appointed by the Chief Justice and 2
other members appointed by the Chief Justice sitting with the Public Service Commission;
(d) he shall be afforded reasonable facilities to consult a representative of his own choice who shall be permitted to make representations
to the Tribunal; and
(e) at the hearing of his case by the Tribunal he shall be permitted to appear in person or through a representative of his own choice.
(7) On any review by a Tribunal in pursuance of this section of the case of a detained person, the Tribunal may make recommendations
concerning the necessity or expediency of continuing his detention to the authority by which it was ordered but, unless it is otherwise
provided by law, that authority shall not be obliged to act in accordance with any such recommendations.
(8) Nothing in subsection (6) (d) or (e) of this section shall be construed as entitling a person to representation at public expense.
Enforcement of protective provisions
17. (1) 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.
(5) Rules of court making provision with respect to the practice and procedure of the High Court in relation to the jurisdiction conferred
on it by or under this section (including rules with respect to the time within which any application or reference shall or may be made or
brought) may be made by the person or authority for the time being having power to make rules of court with respect to the practice and
procedure of that court generally.
Interpretation and savings
18. (1) In this Chapter, unless the context otherwise requires-
"contravention", in relation to any requirement, includes a failure to comply with that requirement, and cognate expressions shall be
construed accordingly;
"court" means any court of law having jurisdiction in Kiribati other than a court established by a disciplinary law, and includes the Judicial
Committee and in sections 4 and 6 of this Constitution a court established by a disciplinary law;
"disciplinary law" means a law regulating the discipline of any disciplined force;
"disciplined force" means-
(a) the Kiribati Police;
(b) the Prison Service;
(c) the Marine Protection Service;
(d) the Marine Training School;
"member", in relation to a disciplined force, includes any person who, under the law regulating the discipline of that force, is subject to
that discipline.
(2) In relation to any person who is a member of a disciplined force of Kiribati, nothing contained in or done under the authority of the
disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this Chapter other than
sections 4, 6 and 7.
(3) In relation to any person who is a member of a disciplined force that is not a disciplined force of Kiribati and who is present in Kiribati
in pursuance of arrangements made between the Government of Kiribati and another Government or an international organisation, nothing
contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of
any of the provisions of this Chapter.
(4) No measures taken in relation to a person who is a member of a disciplined force of a country with which Kiribati is at war and no
law, to the extent that it authorises the taking of any such measures, shall be held to be inconsistent with or in contravention of any of the
provisions of this Chapter.
CHAPTER III
CITIZENSHIP
Rights of person of I-Kiribati descent
19. Every person of I-Kiribati descent shall have an inalienable right to enter and reside in Kiribati and on Independence Day shall as
hereinafter provided, become or have and continue to have thereafter the right to become a citizen of Kiribati.
Persons born, naturalised or registered in Kiribati before Independence Day
20. (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 naturalised or registered under those Acts, or naturalised
as a British subject before 1949, while resident in Kiribati, shall become a citizen of Kiribati on Independence Day.
Persons born outside Kiribati before Independence Day
21. (1) Every person of I-Kiribati descent 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.
Wives of persons who become citizens on Independence Day
22. Every woman who, having been married to a person who 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 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.
Persons entitled to be registered as citizens
23. Every person of I-Kiribati decent 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.
Avoidance of dual nationality
24. Any person, other than a 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 nationality 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.
Persons born after the day prior to Independence Day
25. (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.
Marriage to citizens of Kiribati
26. Any women who after the day prior to Independence Day marries a person who is or becomes 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.
Commonwealth citizens
27. (1) Every person who under this Constitution or any other law is a citizen of Kiribati or under any enactment for the time being in
force in any country to which this section applies is a citizen of that country shall, by virtue of that citizenship, have the status of a
Commonwealth citizen.
(2) Every person who is a British subject without citizenship under the British Nationality Act 1948, continues to be a British subject under
section 2 of that Act or is a British subject under the British Nationality Act 1965 shall, by virtue of that status, have the status of a
Commonwealth citizen.
(3) Save as may be otherwise provided by the Maneaba ni Maungatabu the countries to which this section applies are Australia, The
Bahamas, Bangladesh, Barbados, Botswana, Canada, Cyprus, Dominica, Fiji, The Gambia, Ghana, Grenada, Guyana, India, Jamaica,
Kenya, Lesotho, Malawi, Malaysia, Malta, Mauritius, Nauru, New Zealand, Nigeria, Papua New Guinea, Saint Lucia, Seychelles, Sierra
Leone, Singapore, Solomon Islands, Southern Rhodesia, Sri Lanka, Swaziland, Tanzania, Tonga, Trinidad and Tobago, Tuvalu, Uganda,
the United Kingdom and Colonies, Western Samoa and Zambia.
Powers of the Maneaba ni Maungatabu
28. The Maneaba ni Maungatabu may make provision-
(a) for the acquisition of citizenship of Kiribati by 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.
Interpretation
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 naturalised 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;
(d) a person born aboard a registered ship or aircraft, or aboard an unregistered ship or aircraft of the Government of any country, shall
be deemed to have been born in the place in which the ship or aircraft was registered or, as the case may be, in that country.
(2) For the purpose of the definition of "an eligible person" in subsection (1) (b) of this section, where a person has a nationality other
than citizenship of the United Kingdom and Colonies he shall be deemed to have lost that other nationality if-
(a) the law of the country of that other nationality makes no provision for or does not permit him to renounce that nationality; and
(b) he has before Independence Day signed and delivered to the Government of the Gilbert Islands a declaration that he no longer regards
himself as having that other nationality and will not claim the benefits of that nationality and wishes to become a citizen of Kiribati.
The islands commonly known as the Gilberts were settled between 2,000 and 3,000 years by
Austronesian traders and successive waves of Micronesian, Polynesian and Melanesian
settled homogenized the present culture of the I-Kiribati people. European contact began in
the late 16th century with whalers, slave traders and merchants which fomented inter tribal
conflict and introduced European Disease. Russian explorer Adam Johann von
Krusenstern, sailing with the British Navy in 1820, named the islands after British Captain
Thomas Gilbert. To quell tribal conflict, the residents of the Gilberts reluctantly became a
British protectorate in 1892 and became a British colony in 1916 as part of the British
Western Pacific Territories. A number of the islands were captured by the Japanese in World
War II and were liberated by Allied Force in 1943 at the brutal battle of Tarawa Atoll. A
measure of self-determination was granted by the British in the 1960's and the Ellice Islands
separated from the Gilberts to form the independent state of Tuvalu. With the promulgation
of its Constitution on 12 July 1979, the Republic of Kiribati was formally recognized. Human
rights are enumerated beginning with Chapter II (Protection of Fundamental Rights and
Freedoms of the Individual) and Part Three (Citizenship) and conform with the 1948
Universal Declaration of Human Rights of which Kiribati is a signatory. For a full English
translation of Kiribati's Constitution, click here.
Austronesian traders and successive waves of Micronesian, Polynesian and Melanesian
settled homogenized the present culture of the I-Kiribati people. European contact began in
the late 16th century with whalers, slave traders and merchants which fomented inter tribal
conflict and introduced European Disease. Russian explorer Adam Johann von
Krusenstern, sailing with the British Navy in 1820, named the islands after British Captain
Thomas Gilbert. To quell tribal conflict, the residents of the Gilberts reluctantly became a
British protectorate in 1892 and became a British colony in 1916 as part of the British
Western Pacific Territories. A number of the islands were captured by the Japanese in World
War II and were liberated by Allied Force in 1943 at the brutal battle of Tarawa Atoll. A
measure of self-determination was granted by the British in the 1960's and the Ellice Islands
separated from the Gilberts to form the independent state of Tuvalu. With the promulgation
of its Constitution on 12 July 1979, the Republic of Kiribati was formally recognized. Human
rights are enumerated beginning with Chapter II (Protection of Fundamental Rights and
Freedoms of the Individual) and Part Three (Citizenship) and conform with the 1948
Universal Declaration of Human Rights of which Kiribati is a signatory. For a full English
translation of Kiribati's Constitution, click here.