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Politics of Kiribati

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Politics of Kiribati
Constitution
Executive
Legislative
Judiciary
Elections
Subdivisions
Foreign relations

Politics of Kiribati takes place in a framework of a parliamentary representative democratic republic, whereby the Beretitenti, President of Kiribati, is both the head of state and head of government, and of a multi-party system. Executive power is exercised by the government, Beretitenti, and his cabinet, all MPs. Legislative power is exercised by the House of Assembly. The Judiciary of Kiribati is independent of the executive and the legislature. The Constitution of Kiribati, promulgated at independence on 12 July 1979, establishes the Republic of Kiribati as a sovereign democratic republic and guarantees the fundamental rights of its citizens and residents.

Executive branch

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After each general election, the new-elected Maneaba ni Maungatabu (House of Assembly) nominates not less than three nor more than four of its own members to stand as candidates for President (Beretitenti). The voting public then elects the Beretitenti from among these candidates. On 22 June 2020, for the first election ever since 1979 Independence, two candidates only have been nominated — unless Section 32(2) of the Constitution writes “not less than 3”. On 17 June 2020, Judgment of Sir John Muria, the Chief Justice on Civil Case 56, allowed this reading of the Constitution. The elected Beretitenti appoints a Kauoman-ni-Beretitenti (vice-president) and up to ten other Cabinet Ministers from among the members of the Maneaba.

Main office holders
Office Name Party Since
President Taneti Maamau Tobwaan Kiribati Party 11 March 2016
Vice President Teuea Toatu Tobwaan Kiribati Party 19 June 2019

Cabinet

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The Cabinet is the top decision-making body in Kiribati, through which all functions of the government get their authority. Parliament can undo Cabinet decisions through a vote of no confidence, triggering a new election.

The current Cabinet consists of the following Ministers:

Cabinet of Kiribati (since 2 July 2020)
Office Officeholder
Beretitenti and Minister of Foreign Affairs and Immigration Taneti Maamau
Vice President and Minister of Finance and Economic Development Dr Teuea Toatu
Minister of Infrastructure and Sustainable Energy (MISE) Willie Tokataake
Minister of Education Alexander Teabo
Minister of Environment, Lands and Agricultural Development (MELAD) Ruateki Tekaiara
Minister of Fisheries and Marine Resources Development Ribanataake Tiwau
Minister of Health and Medical Services Dr Tinte Itinteang
Minister of Internal Affairs (MIA) Boutu Bateriki
Minister of Commerce, Industry and Cooperatives (MCIC) Booti Nauan
Minister for Women, Youth, Sports and Social Affairs (MWYSSA) Martin Moreti
Minister of Employment and Human Resources (MEHR) Taabeta Teakai
Minister for Line and Phoenix Islands Development Mikarite Temari
(sworn in on 6 August 2020)
Minister of Justice (MOJ) Tarakabu Tofinga
(sworn in on 16 July 2020)
Minister of Information, Communications, Transport and Tourism Development (MICTTD) Tekeeua Tarati

The first nine ministers sworn in on 2 July 2020 at the State House in Bairiki (South Tarawa) and include Dr Teuea Toatu, Willie Tokataake, Ruateki Tekaiara, Ribanataake Awira, Dr Tinte Itinteang, Boutu Bateriki, Booti Nauan, Martin Moreti and Taabeta Teakaiao.

The remaining four ministers who are stranded in the outer islands, at their respective island, which include Alexander Teabo, Tarakabu Martin, Tekeeua Tarati and Mikarite Temari, have been sworn later.

Attorneys-General of Kiribati

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In Kiribati, the Attorney-General is defined by section 42 of the Constitution as "the principal legal adviser to the Government."[1] The Constitution specifies: "No person shall be qualified to hold or to act in the office of Attorney-General unless he is qualified to practise in Kiribati as an advocate in the High Court."

The Attorney-General of Kiribati[1] was also until October 2016 a member of Cabinet of Kiribati and a member of the Maneaba ni Maungatabu as an ex-officio member of parliament. According to a 2005 source, the Attorney-General "is designated by the Republic of Kiribati as the Central Authority who shall have the responsibility and power to receive requests for mutual legal assistance."[2]

Attorneys-General of Kiribati (Complete Table)
Name Years of Service
C.J. (Joe) Lynch c. 1978-1979
Michael Jennings[3][4] c. 1980-1984
Michael N. Takabwebwe[5][6][7] c. 1984-2002
Titabu Tabane[8][9][10][11][12] c. 2002-2016
Natan Teewe Brechtefeld[13][14] 2016
Tetiro Semilota[15] (1st I-Kiribati female) October 2016-October 2022

Legislative branch

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Maneaba ni Maungatabu, in Ambo (2000)
The former House of Assembly, at Bairiki

In a Westminster system, the unicameral House of Assembly (Maneaba ni Maungatabu) has 45 members: 44 elected in single-seat and multi-seat constituencies; one appointed member from the Banaban community on Rabi Island in Fiji. The Attorney general was no longer an ex officio member. The elected members of the Maneaba ni Maungatabu serve four-year terms. The Speaker of the Maneaba ni Maungatabu is elected by the members of the Maneaba from outside of its membership. The total number of the Legisters is forty four from the island in Kiribati and one representative nominated from Rabi Council representing the people in Rabi island in Fiji.

All citizens of Kiribati are eligible to vote at the age of 18.

Judiciary

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Main article: Judiciary of Kiribati

The Chapter VI of the Constitution of 1979 describes the Judiciary of Kiribati. The judicial system consists of magistrates' courts, the High Court and the Kiribati Court of Appeal. The Beretitenti (President), acting in accordance with the advice of the Public Service Commission, makes all judicial appointments, and amongst them, the Chief Justice, the main judge of the High Court. The High Court is in Betio. Sir John Muria was the Chief Justice of Kiribati until his replacement by Bill Hastings in August 2021, after a 8 months vacancy. On 30 June 2022, Hastings was abruptly suspended from his office during the 2022 Kiribati constitutional crisis.

The Judicial Committee of the Privy Council in London, England has jurisdiction only if a case involves constitutional rights. Appeals are taken directly to the Judicial Committee of the Privy Council itself.

The Court of Appeal of Kiribati is otherwise the supreme court in Kiribati.

The People's Lawyer of Kiribati

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The People's Lawyer of Kiribati represents disadvantaged residents and those who are unable to access legal representation. Accordingly, the office represents clients in "Land, Civil and Criminal Matters and act for them in the Magistrates and High Court as well as the Court of Appeal." The position had long been filled by expatriate lawyers who were volunteering from either Australia or New Zealand with the "role...funded by the Australian Government through [the] Australian Volunteers International."[16][17] In 2015, the role of The People's Lawyer changed in that it was now filled by a Kiribati citizen: Raweita Beniata (male lawyer; 2015- ).[18][19]

The People's Lawyer of Kiribati (Incomplete Table)
Name Term
Roger Bell (who established the office)[20][21][22] c. 1980-1982
Michael Lodge[23][24] c. -1986
David Lambourne[25] c. 1995-1999
Jackie Huston[26] c. 2003-2004
Jennifer Troup[27] c. 2004-2006
Joelle Grover[28][29] c. 2006-2007
Aomoro Amten[30][31] c. 2007-2008
Daniel Webb[32] c. 2010-2011
Debrah Mercurio[33][34] c. 2011-2012
Nancy Walker[35][36]

Andrea Hadaway[37]

c. 2012-2013
Jessica McLaren[17] c. 2013-2015
Raweita Beniata[19][38] (1st I-Kiribati male citizen) c. 2015-

Political conditions

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Political parties have existed since 1965 but are more similar to informal coalitions in behaviour. They do not have official platforms or party structures. Most candidates formally present themselves as independents, then they joined one party at the first meeting of the House. The website of the House of Assembly explains that in this way:[39]

"There [were] four political parties in Kiribati, Boutokaan Te Koaua (BTK), Maurin Kiribati Party (MKP), Maneaban Te Mauri Party (MMP) and Kiribati Tabomoa Party. The parties are loose groupings rather than disciplined blocks, with little or no structure. Members may change allegiance on a number of occasions during their tenure. It is also common for members to vote according to the special interests of their electorate on certain issues."

Kiribati Tabomoa Party ("National Progressive Party") and Christian Democratic Party merged into Maneaban Te Mauri (MMP, "Protect the Maneaba") in 2003, which later merged with Kiribati Independent Party into Karikirakean Te I-Kiribati (KTK, "United Coalition Party") in 2010, which later merged with Maurin Kiribati Party (MKP) to form Tobwaan Kiribati Party (TKP), the only one facing Boutokaan Te Koaua (BTK, "Pillars of Truth").

A major source of conflict has been the protracted bid by the residents of Banaba Island to secede and have their island placed under the protection of Fiji. The government's attempts to placate the Banabans include several special provisions in the constitution, such as the designation of a Banaban seat in the legislature and the return of land previously acquired by the government for phosphate mining.

Political parties and elections

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For other political parties, see List of political parties in Kiribati. An overview on elections and election results is included in Elections in Kiribati.

There is no solid tradition of formally organized political parties in Kiribati, even if the 2 first political parties were founded in 1965; they more closely resemble factions or interest groups with no formal platforms:

2020 presidential election

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CandidatePartyVotes%
Taneti MaamauTobwaan Kiribati Party26,05359.32
Banuera BerinaBoutokaan Kiribati Moa Party17,86640.68
Total43,919100.00
Valid votes43,91999.75
Invalid/blank votes1120.25
Total votes44,031100.00
Registered voters/turnout55,26879.67
Source: Ministry of Justice

2016 presidential election

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Candidate Party Votes %
Taneti Maamau Tobwaan Kiribati Party 19,833 59.96
Rimeta Beniamina Pillars of Truth 12,764 38.59
Tianeti Ioane Pillars of Truth 482 1.46
Invalid/blank votes 168 –
Total 33,247 100
Registered voters/turnout
Source: Pina

2015-16 legislative election

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Party First round Second round Total
seats 		+/–
Votes % Seats Votes % Seats
Pillars of Truth 26 +11
United Coalition Party 19
Maurin Kiribati Party
Elected Speaker – – – – – – 1 0
Invalid/blank votes – – – – – –
Total 19 25 46 0
Registered voters/turnout – – – –
Source: IPU

See also

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References

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  1. ^ a b Publications, USA International Business (2015-06-08). Kiribati Foreign Policy and Government Guide. Int'l Business Publications. ISBN 9781433027680. {{cite book}}: |first= has generic name (help)
  2. ^ "CHAPTER XVIII PENAL MATTERS 12. United Nations Convention against Transnational Organized Crime" (PDF).
  3. ^ "REPUBLIC OF KIRIBATI / COUNCIL OF STATE ACT 1980 No. 6 of 1980 / AN ACT TO MAKE PROVISION IN RESPECT OF THE COUNCIL OF STATE". August 22, 1980.
  4. ^ Paxton, J. (2016-12-15). The Statesman's Year-Book 1982-83. Springer. ISBN 9780230271111.
  5. ^ Paxton, J. (2016-12-15). The Statesman's Year-Book 1984-85. Springer. ISBN 9780230271135.
  6. ^ "REPUBLIC OF KIRIBATI - International Committee of the Red Cross" (PDF). March 29, 1990.
  7. ^ "REPUBLIC OF KIRIBATI (No. 5 of 1997): AN ACT TO AUTHORISE SUPPLEMENTARY APPROPRIATION OF MONIES OUT OF THE CONSOLIDATED FUND FOR RECURRENT EXPENDITURE FOR THE SERVICE OF THE YEAR ENDING 31 DECEMBER 1997".
  8. ^ "Kiribati legislation will enable government to close newspapers - IFEX". IFEX. Retrieved 2018-03-13.
  9. ^ "Commonwealth law ministers discuss climate change and cyber crime | Pacific Beat". www.radioaustralia.net.au. Retrieved 2018-03-13.
  10. ^ "Pacific Islands Law Officers' Network Annual Meeting Outcomes Report 11 – 12 November 2014, Kiribati" (PDF). 2014.
  11. ^ "33rd PILON Annual Meeting (2014) Tarawa, Kiribati". 2014.
  12. ^ "Mock session prepares Kiribati for report to UN Human Rights Council - Regional Rights Resource Team". Retrieved 2018-03-13.
  13. ^ "Kiribati gets new justice minister". Radio New Zealand. 2016-09-29. Retrieved 2018-03-13.
  14. ^ "New Kiribati cabinet ministers sworn in". Radio New Zealand. 2016-03-16. Retrieved 2018-03-13.
  15. ^ "Kiribati appoints first female Attorney-General". September 30, 2016 – via PressReader.
  16. ^ "Our Services". People's Lawyer Kiribati. 2013-06-27. Retrieved 2018-03-12.
  17. ^ a b "Our Team". People's Lawyer Kiribati. 2013-06-27. Retrieved 2018-03-12.
  18. ^ "Supporting the new Family Protection Act in Solomon Islands". www.australianvolunteers.com. Retrieved 2018-03-12.
  19. ^ a b "AV Magazine Winter 2015". Issuu. Retrieved 2018-03-12.
  20. ^ Trease, Howard Van (1993). Atoll Politics: The Republic of Kiribati. editorips@usp.ac.fj. ISBN 9780958330008.
  21. ^ "North stalwart steps up". NZ Herald. 2009-12-15. ISSN 1170-0777. Retrieved 2018-03-12.
  22. ^ "Judges — Courts of New Zealand". www.courtsofnz.govt.nz. Retrieved 2018-03-12.
  23. ^ Powles, Guy; Pulea, Mere (1988). Pacific Courts and Legal Systems. editorips@usp.ac.fj. ISBN 9789820200432.
  24. ^ Pacific Islands Monthly: PIM. Pacific Publications. 1987.
  25. ^ Publications, USA International Business (2015-06-08). Kiribati Foreign Policy and Government Guide. Int'l Business Publications. ISBN 9781433027680. {{cite book}}: |first= has generic name (help)
  26. ^ "Faculty of Law - Common Law Section | University of Ottawa". Faculty of Law - Common Law Section. Retrieved 2018-03-12.
  27. ^ "Island ethos | News | Law Society Gazette". Law Society Gazette. Retrieved 2018-03-12.
  28. ^ "Island Sands to City Crimes: Pacific Island Youth in Crisis". Juvenile Justice Information Exchange. Retrieved 2018-03-12.
  29. ^ "Profile on: Joelle Grover | University of London International Programmes". w01.uolia.wf.ulcc.ac.uk. 2013-07-04. Archived from the original on 2018-03-11. Retrieved 2018-03-12.
  30. ^ Doing Business 2007: How to Reform. World Bank Publications. 2006-01-01. ISBN 9780821364895.
  31. ^ "TA Law Firm - Kiribati - About Us". www.kiribatilegalservices.com.ki. Retrieved 2018-03-12.
  32. ^ "UWA Law graduate wins Victoria's Young Lawyer of the Year Award". News | The University Of Western Australia. Retrieved 2018-03-12.
  33. ^ "Doing Business 2012". Issuu. Retrieved 2018-03-12.
  34. ^ Naylor, David (2011-10-18). October 2011: Needs Evaluation Survey for South Pacific Lawyer Associations - Final Report.
  35. ^ "KIRIBATI COUNTRY REPORT 31 st MEETING OF THE PACIFIC ISLANDS LAW OFFICERS' NETWORK 29 – 31st November 2012" (PDF). 2012.
  36. ^ "KIRIBATI COUNTRY REPORT 32 nd MEETING OF THE PACIFIC ISLANDS LAW OFFICERS' NETWORK5-6th November 2013" (PDF). 2013.
  37. ^ "A word from…Talofa lava and welcome to this ninth issue of newSPLAsh" (PDF). South Pacific Lawyers Association. 9. 2014.
  38. ^ Doing Business 2010: Reforming through Difficult Times. World Bank Publications. 2009-09-11. ISBN 9780821379653.
  39. ^ "Political parties" Archived 2010-06-12 at the Wayback Machine, House of Assembly of Kiribati
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