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Title: Kiribati Human Rights Practices, 1995
Author: U.S. Department of State
Date: March 1996
KIRIBATI
Kiribati comprises some 78,400 people occupying 33 small islands widely
scattered across 3.5 million square kilometers of the central Pacific.
The population is primarily Micronesian, with a significant component of
Polynesian origin. Kiribati gained full independence from the United
Kingdom in 1979 and became a republic within the Commonwealth of
Nations. It has a nationally elected president and a legislative
assembly with 39 members elected by universal suffrage and 2 members ex
officio.
The main security apparatus is a police force of about 250 personnel,
responsible to and effectively controlled by civilian authority.
Economic activity consists primarily of subsistence agriculture and
fishing. The islands' isolation and meager resources, including poor
soil and limited arable land, severely limit prospects for economic
development.
Kiribati society is egalitarian, democratic, and respectful of human
rights. There were no reports of specific human rights abuses, but in
the traditional culture women have occupied a subordinate role with
limited job opportunities.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom
from:
a. Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial killings.
b. Disappearance
There were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment
Although torture and inhuman or degrading treatment or punishment are
forbidden by the Constitution, corporal punishment is permitted under
traditional mores for criminal acts and other transgressions. On some
outer islands, the island councils occasionally order strokes with palm
fronds to be administered for public drunkenness and other minor
offenses such as petty thievery.
The authorities strive to meet minimum international standards for
prisons but have limited financial resources. Food and sanitation are
limited. Family members and representatives of church groups are
allowed access to prisoners. The question of monitoring of prison
conditions by local human rights groups has not arisen, and no policy
concerning such monitoring has been formulated.
d. Arbitrary Arrest, Detention, or Exile
The Constitution prohibits arbitrary arrest, detention, or exile, and
the Government observes this prohibition.
e. Denial of Fair Public Trial
The judiciary is independent and free of governmental interference. The
right to a fair public trial is provided by law and observed in
practice. The Constitution provides that an accused person be informed
of the nature of the offense for which he is charged and be provided
adequate time and facilities to prepare a defense. The right to
confront witnesses, present evidence, and appeal convictions is
enshrined in law. Procedural safeguards are based on English common
law.
There are no political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The law prohibits such practices. Government authorities respect these
provisions, and violations are subject to effective legal sanctions.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of speech and the press, and the
Government respects this right in practice. The radio station and the
only newspaper are government owned but offer a variety of views.
Churches publish newsletters and other periodicals. Academic freedom is
respected.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for freedom of assembly and association,
including the right to form or belong to associations for the
advancement or protection of a group's interests, and the Government
does not impose any significant restrictions in practice.
c. Freedom of Religion
Freedom of religion prevails. There is no state or preferred religion.
Missionaries are free to seek converts.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation
The law provides for these rights, and the Government respects them in
practice. Kiribati has no refugees or asylum-seekers, and the
Government has not formulated a policy toward them.
Section 3 Respect for Political Rights: The Right of Citizens to
Change Their Government
The Government is chosen by the people in periodic free and open
elections. Executive authority is exercised by the President, who is
elected by the people for a 4-year term. No
less than three and no more than four presidential candidates are
nominated by the elected Legislative Assembly from among its members.
Under the Constitution the President is limited to three terms.
The snap general election of August 1994 saw the formation of Kiribati's
first real political party, the Maneaban Te Mauri Party (MTM), as
opposition forces united to bring down the National Progressive Party
(NPP). (The NPP, the group which had led Kiribati since independence in
1979, has never been organized as a political party.) In those
elections, the MTM won 19 of the 39 seats (2 more are ex officio), and
an MTM leader, Teburoro Tito, was elected President. Tito remains under
pressure from the defeated NPP, which has lodged several judicial
actions against Tito.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human Rights
There are no restrictions on the formation of local nongovernmental
organizations that concern themselves with human rights, but to date
none has been formed. There have been no reported allegations of human
rights violations by the Government and no known requests for
investigations. Kiribati is not a member of the United Nations.
Section 5 Discrimination Based on Race, Sex, Religion, Disability,
Language, or Social Status
The Constitution prohibits discrimination on the basis of race, creed,
national origin, or sex, and the Government generally observed this
prohibition in practice. Kiribati society, fundamentally egalitarian,
has no privileged chiefly class.
Women
Violence against women does not appear to be a major problem in this
isolated, rural society. Rape is a crime under the law, and the law is
enforced when charges are brought to court. To the extent that it
exists, wife beating is dealt with informally and in a traditional way;
frequently, communal pressure is brought to bear.
The traditional culture in which males are dominant has been an
impediment to women taking a more active role in the economy. This is
slowly changing, and more women are finding work in unskilled and
semiskilled occupations. There are also signs of affirmative action in
government hiring and promotions to redress this culturally based
inequity. A recent example of such affirmative action is the
appointment of Makurita Baaro as the nation's first female Secretary for
Foreign Affairs. The selection of female participants for overseas
training programs in the United States, Japan, and other countries also
bears out a firm commitment to the advancement of women. Women have
full and equal access to education.
Statistics on the participation of women in the work force and on
comparative wages are unavailable. Women have full rights of ownership
and inheritance of property.
Children
Within the limited resources of the Government, adequate expenditures
are made for child welfare. If child abuse exists, it is rare and has
not become a source of societal concern.
People with Disabilities
There is no evidence or complaint of discrimination in employment,
education, or provision of other state services. Accessibility for the
disabled has not been mandated.
Section 6 Worker Rights
a. The Right of Association
Freedom of association is provided for in the Constitution. Workers are
free to organize unions and choose their own representatives. The
Government does not control or restrict unions. Over 90 percent of the
work force is occupied in fishing or subsistence farming, but the small
wage sector has a relatively strong and effective trade union movement.
In 1982 the seven trade unions registered in Kiribati merged to form the
Kiribati Trade Union Congress (KTUC). It has approximately 2,500
members, mostly from the public service sector. The KTUC is affiliated
with the International Confederation of Free Trade Unions. The law
provides for the right to strike. However, strikes are rare, the last
one taking place in 1980.
b. The Right to Organize and Bargain Collectively
Collective bargaining is provided for under the Industrial Relations
Code. The government sets wages in the large public sector. However,
in a few statutory bodies and government-owned companies, employees may
negotiate wages and other conditions. In the private sector employees
may also negotiate wages with employers. Negotiations are generally
nonconfrontational, in keeping with Kiribati tradition. There have been
no reports of antiunion discrimination. However, there are mechanisms
for resolving any such complaints.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
The Constitution prohibits forced or compulsory labor, and it is not
practiced.
d. Minimum Age for Employment of Children
The law prohibits the employment of children under age 14. Children
through age 15 are prohibited from industrial employment and employment
aboard ships. Labor officers from the Ministry of Commerce, Industry,
and Employment normally enforce these laws effectively, given the
rudimentary conditions of the economy and its industrial relations
system. Children are rarely employed outside the traditional economy.
e. Acceptable Conditions of Work
The Government has taken no concrete action to implement longstanding
legislation authorizing establishment of minimum wages. There is no
legislatively prescribed workweek. The Government is the major employer
in the cash economy.
Employment laws provide rudimentary health and safety standards for the
workplace. Employers must, for example, provide an adequate supply of
clean water for workers and ensure the existence of sanitary toilet
facilities. Employers are liable for the expenses of workers injured on
the job. The Government's ability to enforce employment laws is
hampered by a lack of qualified personnel. Women may not work at night
except under specified circumstances (generally in service jobs such as
hotel clerks).
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