Kiribati
Law Database:
Overview
The Republic of Kiribati was formerly known as Gilbert Islands. The capital is Tarawa. Tarawa is about half way between Hawaii and Australia. Self-rule was granted by the United Kingdom in 1971 and independence was gained in 1979. Of the 33 islands that make up Kiribati 21 are inhabited. It is also one of the great phosphate rock islands in the Pacific (the others being Makatea in French Polynesia and Nauru).
Government
Kiribati is a republic and parliamentary democracy. The president is both the head of state and government. A twelve member cabinet is appointed by the president from the members of the House of Parliament. The parliament is unicameral (and is known as the Maneaba Ni Maungatabu). There are 46 seats. Forty-four members are elected by popular vote, the attorney general is an ex officio member, and one is nominated by the Rabi Council of Leaders to serve four-year terms.
Demography
The population of Kiribati stands at 108,871. Thirty-eight per cent of the population is under the age of fourteen. The median age is 20.4 years and life expectancy is 62 years (at birth).
Economy
Kiribati has few natural resources. Commercially viable phosphate deposits were exhausted by 1979. Copra and fish now represent the bulk of production and exports. The economy has fluctuated widely in recent years. Economic development is constrained by a shortage of skilled workers, weak infrastructure, and remoteness from international markets. Tourism provides more than one-fifth of GDP. Private sector initiatives and a financial sector are in the early stages of development. Foreign financial aid from UK, Japan, Australia, New Zealand, and China equals more than 10 per cent of GDP. Kiribati receives around US $15 million annually for the government budget from an Australian trust.
Legal System
Court structure and the legal system
The court structure is standard with limited range of matters still able to be appealed to the Privy Council. Prior to 1977 island courts dealt with minor local matters. A Native Lands Court and Native Land Appeal Panel have also been abolished.
Judiciary
The Court of Appeal is constituted of a Chief Justice and other justices of the High Court. The Chief Justice is appointed by the President of Kiribati. The High Court is constituted of a Chief Justice and other judges. The Chief Justice is empowered to order the appointment of Magistrates. The Magistrates’ Courts are on a district basis and are composed of three Magistrates and a clerk.
Custom and the influence on the legal system
Pursuant to the Laws of Kiribati Act 1989, s 4(2) in addition to the Constitution, the Laws of Kiribati comprises customary law. Additionally, the courts must take customary law into account when considering specified matters in criminal and civil proceedings.
