Kiribati 1979 Constitution (reviewed 2013)

CHAPTER IX. BANABA AND THE BANABANS

117. Nominated member of Maneaba ni Maungatabu

1. In the Maneaba ni Maungatabu one seat shall be reserved for a nominated representative of the Banaban community (in this section referred to as “the nominated member”).
2. The Electoral Commission shall declare the nominated member to be such person, qualified under the next following subsection, as shall have been nominated by the Rabi Council to fill the seat provided for by this section.
3. No person shall be qualified to be a nominated member unless—
   1. he is a Banaban; and
   2. he is qualified to be elected as an elected member of the Maneaba in accordance with sections 55(b) and 56 of this Constitution.
4. The seat of the nominated member shall become vacant—
   1. if he ceases to be a Banaban; or
   2. in any of the circumstances specified in paragraphs (a), (b), (c), (e) and (f) of section 57 and section 58 of this Constitution.
5. The High Court shall have jurisdiction to hear and determine any question whether any person has been validly declared to be the nominated member or the nominated member has vacated his seat in the Maneaba or is required by virtue of the preceding subsection and section 58 of this Constitution to cease to perform his functions as a member.
6. An application to the High Court for the determination of any question under the preceding subsection may be made by the nominated member, the Rabi Council, the Electoral Commission or the Attorney-General:Provided that if such an application is made by a person other than the Attorney-General, the Attorney-General may intervene and may then appear or be represented in the proceedings.

118. Elected representation in Maneaba

1. Notwithstanding the provisions of section 55 of this Constitution, a person who has attained the age of twenty-one years shall be qualified to be elected as an elected member of the Maneaba ni Maungatabu for an electoral district comprising or including Banaba if he is a citizen of Kiribati or a Banaban.
2. Section 57 of this Constitution shall have effect in relation to an elected member of the Maneaba for an electoral district comprising or including Banaba subject to the qualification that the seat of such a member shall become vacant if that member ceases to be either a citizen of Kiribati or a Banaban.
3. A person shall be entitled to be registered as an elector on Banaba if he is a Banaban or a citizen of Kiribati and is otherwise entitled under section 64 of this Constitution to be registered as an elector in that place.
4. In reviewing the number of electoral districts, the boundaries of electoral districts and the number of elected representatives as these relate to Banaba, the Electoral Commission shall take account of the most recent census data for citizens of Kiribati and for Banabans on Banaba whether or not they are citizens of Kiribati.

119. Land on and access to Banaba

1. Where any Banaban possesses any right over or interest in any land in Banaba, such right or interest shall not be affected in any way by reason of the fact that he resides in Rabi Island in Fiji.
2. Where the Republic has acquired any right over or interest in land in Banaba—
   1. from any Banaban for the purpose of phosphate extraction; or
   2. by operation of law where the Crown had acquired it before Independence Day from any Banaban for that purpose,

   the Republic shall transfer that right or interest to the Banaban from whom it was acquired (whether by the Republic or the Crown) or to his heirs and successors upon the completion of phosphate extraction from that land.

3. Where any Banaban possesses any right over or interest in land in Banaba, no such right or interest shall be compulsorily acquired other than a leasehold interest and in accordance with section 8(1) of this Constitution, and then only where the following conditions are satisfied, that is to say—
   1. the Banaba Island Council has been consulted; and
   2. every reasonable effort has been made to acquire the interest by agreement with the person who possesses the right over or interest in the land.
4. Every Banaban shall have an inalienable right to enter and reside in Banaba and accordingly section 14 of this Constitution shall apply to Banabans in relation to Banaba as if paragraph (c) of subsection (3) of that section were deleted.

120. Movement of persons into Banaba

Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of section 14 of this Constitution to the extent that the law in question makes provision for the imposition of restrictions on the movement of persons other than Banabans into Banaba.

121. Banaba Island Council

1. There shall be a Banaba Island Council.
2. The powers and duties of the Banaba Island Council shall be prescribed by or under law.

122. Independent Commission of Inquiry

1. At the expiration of a period of three years after Independence Day, the Government shall appoint an independent Commission of Inquiry, which shall review the operation of the provisions of—
   1. this Chapter; and
   2. Chapter III, to the extent that the provisions of that Chapter confer rights on Banabans.
2. Having conducted a review under this section, the Commission shall make such recommendations as it thinks fit, which shall be presented to the Maneaba ni Maungatabu.
3. In the exercise of its functions under this section the Commission shall not be subject to the direction or control of any other person or authority.

123. Appeals to Judicial Committee

1. An appeal shall lie as of right to the Judicial Committee from any decision of the High Court involving the interpretation of this Constitution in any proceedings in which application has been made to the High Court alleging that any provision of this Constitution has been contravened and the rights or interests of any Banaban or of the Rabi Council under this Chapter or Chapter III are being or are likely to be affected by such contravention.
2. Any decision by the Judicial Committee in any appeal under this section shall be enforced in like manner as if it were a decision of the High Court.
3. The Judicial Committee shall, in relation to any appeal to it under this section in any case, have all the jurisdiction and powers possessed in relation to that case by the High Court.

124. Entrenchment

1. A Bill for an Act to alter any of the provisions of—
   1. this Chapter; and
   2. Chapter III, to the extent that the provisions of that Chapter confer rights on Banabans,

   shall not be passed by the Maneaba in Maungatabu except in accordance with this section.

2. Consideration of any such Bill shall be deferred after its first reading in the Maneaba until the next following meeting of the Maneaba.
3. At its second reading in the Maneaba the Bill shall not be passed if—
   1. it is not supported by the votes of at least two-thirds of all the members of the Maneaba; or
   2. either the nominated member or a Banaba elected member votes against the Bill.
4. If the nominated member is not present in the Maneaba at the time of voting on the second reading of the Bill (whether or not any Banaba elected member is present at that time), consideration of the Bill shall be deferred until the next following meeting of the Maneaba, and the Rabi Council and the Banaba Island Council shall be so informed in writing.
5. At the next following meeting of the Maneaba a further vote on the Bill may be held, and—
   1. if the Bill is supported by the votes of at least two-thirds of all the members of the Maneaba and the nominated member does not vote against it, the Bill shall be passed;
   2. if the Bill is not supported by the votes of at least two-thirds of all the members of the Maneaba, or if the nominated member votes against it, the Bill shall not be passed.
6. In this section—
   1. “nominated member” means the member of the Maneaba provided for in section 117 of this Constitution;
   2. “Banaba elected member” means an elected member of the Maneaba for an electoral district comprising or including Banaba;
   3. references to provisions of this Constitution include references to any other law in so far as that law alters those provisions;
   4. references to altering provisions of this Constitution include references—
      1. to repealing them, with or without re-enactment thereof or the making of different provision in lieu thereof;
      2. to modifying them, whether by omitting or amending any such provisions or inserting additional provisions in the Constitution or otherwise;
      3. to suspending their operation for any period, or terminating any such suspension; and
      4. to making any other provision that is repugnant to them or otherwise inconsistent with them.

125. Interpretation

In this Chapter—

1. “Banaban” and “Banabans” means the former indigenous inhabitants of Banaba and such other persons one of whose ancestors was born in Kiribati before 1900 as may now or hereafter be accepted as members of the Banaban community in accordance with custom;
2. “Rabi Council” means the Council of Leaders established by the Banaban Settlement Ordinance 1970 of Fiji, and includes such successor body as represents the Banaban community on Banaba and Rabi Island in Fiji.