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The Government System of Kiribati

Kiribati is a tiny island nation spread across a large area of the central Pacific Ocean, it is made up of 32 atolls and a raised coral island mostly a part of the Gilbert Islands chain, although some of Kiribati exists outside of this chain. The capital city is South Tarawa, located on the Tarawa atoll. Kiribati’s easternmost islands are in the most advanced timezone that exists. It is the only country in the world to be situated in all four hemispheres. The islands stretch through the geographic subregions of Melanesia, Micronesia, and Polynesia. Other nearby islands to Kiribati include US Minor Outlying Islands, Marshall Islands, Nauru, Cook Islands, French Polynesia, and Tuvalu.  

The area that is Kiribati now a days has been inhabited by Austronesian peoples since between 3,000 BC and 1,300 AD. Settlers and voyagers from nearby Samoa, Tonga, and Fiji would introduce culture from Polynesia and Melanesia. Cultural differences were blurred by intermarriage and navigation. Local lore keepers suggest that the area was first inhabited by seafaring peoples from Melanesia who were eventually visited by early Austronesian seafarers coming from a place called Matang in the West, and over time both groups clashed and intermingled until they became a uniform population.  

Around the 15th Century contrasting governing systems developed, one in the Northern islands, and one in the South and Central islands. Turmoil, civil war, and blood feuds are thought to have started up at some point before European colonization arrived, and some of the chiefs and clans gained dominance via the usage of weapons from or support of Europeans. Europeans had found the islands by chance in the 17th and 18th centuries. This enabled trade to grow in the area, but also led to European labour ships coming to the area involved in blackbirding where Pacific Islanders were tricked or kidnapped into working as slaves or for very poor pay, many of whom would never return to their homes.  

An Anglo-German Agreement was written up in 1886 over what the imperial powers of the time saw as the unclaimed central Pacific, where Nauru came under German influence, while the British gained influence over Ocean Island (now a days called Banaba and a part of Kiribati) and eventually the rest of the Gilbert and Ellice islands group, which included parts of Kiribati, Tokelau (now part of New Zealand), and Tuvalu. The area would eventually largely come under a British Protectorate.  

The Gilbert and Ellice islands would become a crown colony in 1916, joined by the Northern Line Islands and Christmas Island in 1919 and then the Phoenix Islands in 1937. 

During World War II, following the attack on Pearl Harbour, the Japanese occupied parts of Kiribati including Tarawa, from 1941 and would later be liberated by US forces in 1943, which included the Battle of Tarawa, one of the bloodiest battles in US Marine Corps history. The Japanese would hold Banaba, and would commit genocide against its inhabitants before the island was liberated in 1945. 

After World War II the colony would be used to conduct nuclear weapons and hydrogen bomb tests in the late 1950s and early 1960s by the United States and the United Kingdom, specifically on Christmas Island.   

From around 1967 Tarawa would establish institutions for internal self-rule. The Ellice Islands wished to be separated from the rest of the colony and were also granted institutions for internal self-rule, they separated from the colony in 1976 and gained independence in 1978 becoming Tuvalu. The Gilbert Islands would gain independence in 1979 and become Kiribati, the Northern Line Islands and Phoenix Islands, which had been incorporated as US overseas territories, would be disputed by Kiribati, the islands were granted to Kiribati following the Treaty of Tarawa in 1979.  

Currently one of the biggest issues facing Kiribati are rising sea levels caused by climate change, which could one day see the entire nation vanish, this could mean one day that the islands may need to be evacuated and its citizens migrated to a new nation. Some believe it is now too late to save the islands, even if everything possible was done to combat climate change.  

The official languages are English and Gilbertese, Protestant Christianity is the largest religion, the country does not have its own currency and instead uses the Australian Dollar alongside Australia, Tuvalu (who use it alongside their own currency), and Nauru. The country’s population is over 121,030.  

Government Type  

Kiribati Coat of Arms.

Kiribati is a parliamentary representative democratic republic led by a President who is both Head of State and Head of Government, in Kiribati the President is called the Beretitenti. The legislative government is made up of a unicameral parliament called the House of Assembly. Multiple parties are allowed.  

It is to be noted this post is written based off the country’s constitution up until 2013, there have been two further amendments since then in 2016 and 2018, unfortunately no information can be found on these, at least for free or without being a part of some special-access research/educational program/institution. This means if you are using this seriously you will need to do cross-research.  

The Executive Government  

Presidential residence, Bairiki, South Tarawa. Photo by Jopolopy from Flickr. CC BY-NC 2.0. Source.

There is a President who is Head of State and Head of Government and therefore leads the Executive. There is also a Vice-President, known as the Kauoman-ni-Beretitenti, who assists the President. The Vice-President is appointed by the President from among his/her Ministers.  

The President has the Prerogative of Mercy, which is used in accordance with advice of the Cabinet. The power includes granting pardons either free or conditional, granting respite either indefinitely or for a limited period, substituting a less severe form of punishment, and remitting whole or in part a punishment.  

The President constitutes and abolishes public offices in accordance with Cabinet advice, laws, and provisions of the Constitution.  

The members of the Electoral Commission are appointed by the President in accordance with Cabinet advice, the chosen members are presented to the House of Assembly who may choose to reject any of those appointed via a resolution. Members of the Electoral Commission cannot also be members of the House of Assembly, the Chief Electoral Commissioner must also be a Judge or Magistrate in Kiribati. They all serve single 5-year terms and then must vacate.  

The Chief Justice is appointed by the President in accordance with advice of the Cabinet following consultation with the Public Service Commission. The Chief Justice is a judge of the High Court. Other judges if the High Court are appointed by the President on advice of the Chief Justice sitting with the Public Service Commission. The President may also appoint Commissioners of the High Court whenever there are insufficient judges for business, this is done on advice of the Chief Justice sitting with the Public Service Commission.  

Chief Justice and High Court judges are also judges of the Court of Appeal, further judges may be appointed here by the President with advice from the Chief Justice sitting with the Public Service Commission. The President of the Court of Appeal is appointed in the same way.  

Judges can be removed from office if considered by the President or resolved as such by the House of Assembly, if so, the President appoints a tribunal consisting of a Chairman and no less than two others, whom holds or has held judicial office. During such an investigation the President can suspend a Judge from their position. Decision to remove the judge based on advice from the tribunal is taken by the House of Assembly.  

The Public Service Commission is appointed by the President (a Chairman and four commissioners), and can also be removed by the President, both actions taken in accordance with advice of the Speaker of the House of Assembly and Chief Justice acting jointly. Members serve 3-years or less.  

Presidential Vacancy, Absence, and Council of State 

If the Presidency has become vacant due to a vote of no confidence, then the Council of State takes up the operations of the presidency until a new President is elected in the next Presidential election following General Elections.  

The Council of State is a body that advises the President. The Council of State consists of a Chairman who is also the Chairman of the Public Service Commission, the Chief Justice, and the Speaker of the House of Assembly.  

If the Presidency has become vacant for any other reason, then the Vice-President assumes the office of President and will serve out the rest of the term unless this is not approved by the House of Assembly whereby then elections will be held for a new President. If there is no Vice-President the Cabinet will elect one of its Ministers to assume the Presidency, again they may serve for the remainder of the term if approved by the House of Assembly, otherwise fresh elections are held.  

If the President is temporarily absent for any reason including illness then the Vice-President assumes the functions of the Presidency until the return of the President.  

Emergency Provisions  

A period of Public Emergency may be declared due to war or via a proclamation due to some other exceptional circumstance. The President acting on advice of the Cabinet, may at any time declare that a state of public emergency exists, and therefore make regulations for dealing with the public emergency. Such a proclamation will cease after three days (or 30 days if proclamation was made during a meeting of the House of Assembly) unless it has been approved by a resolution of the House of Assembly.  

Presidential Removal  

The President can be removed from office via a vote of no confidence against him or on losing a matter of confidence put forth by the President themselves. The President can also be removed from office due to incapacity to effectively perform duties.  

An investigation into the President physical and mental capacity can be brought forth by a resolution of the House of Assembly by a majority of votes. If this happens the Speaker notifies the Chief Justice who shall appoint a Medical Board that consists of no less than three persons qualified as medical practitioners under the law of Kiribati or any other law of any country within the Commonwealth. The board will investigate the matter and will report their opinion to the House of Assembly.  

The House of Assembly following this, vote on whether to remove the President or not from office due to possible incapacity, a majority is required to do so.  

The Executive  

The Executive is run by the President and his/her Cabinet of Ministers, the highest executive decision-making body. The Cabinet as well as the President includes the Vice-President, Attorney-General, and no more than eleven other Ministers. The Ministers are appointed by the President from among the members of the House of Assembly, the President may remove and replace Ministers.  

The Ministers handle business of Government assigned to them including administration of Government departments.  

The Attorney-General acts as the Government’s principal legal advisor and is appointed by the President, and can be removed and replaced by the President. The person appointed to the position must be qualified to practice in Kiribati as an advocate in the High Court.  

The President and his/her Cabinet are collectively responsible to the House of Assembly and must keep its confidence to remain in power. The Cabinet is summoned by the President, who attends and presides over all of its meetings. The President decides on the business that shall be considered by the Cabinet.  

Issue of confidence can be brought about by members of the House of Assembly or the President may put a bill forward as an issue of confidence in his/her Government. If the President and Government lose confidence then they must resign and the House of Assembly is dissolved for fresh elections.  

The Legislative Government  

Meeting place of the House of Assembly, Ambo, South Tarawa. Photo by jopolopy from Flickr. CC BY-NC 2.0. Source.

The House of Assembly, known as the Maneaba ni Maungatabu, is the unicameral chamber that makes up the legislative government. Its main purpose is to consider, possibly amend, and either pass or reject resolutions and legislative bills that have been introduced. The House of Assembly also has some other powers and provides a degree of oversight to actions of the Government. As it stands the House of Assembly currently has 45 members. Elected members can be removed, this can be started via a petition signed by a majority of the persons who were registered as electors, at the time of the last election of that member, within the electoral district from which the member was elected.  

Such a petition meeting the requirements is sent to the Electoral Commission, and a referendum is conducted to determine whether the member should vacate their seat, if a majority vote to remove then the member must vacate their seat, a by-election is organised and held to replace them.  

The above removal cannot be performed against Ministers, Vice-President or the President.  

The House of Assembly has power over acquisition of citizenship, and renunciation of citizenship, under terms set by law and the constitution.  

The House of Assembly also has the power to pass a vote of no confidence against the President or their Government, in such a case if supported by a majority the President and Government must resign. The President themselves can also put a vote on a matter as a vote of confidence on themselves, which if lost by a majority against means they would have to resign. Also, if the President ceases to be a member of the House of Assembly or if the House is dissolved then the President also vacates office.  

Legislative bills passed by the House of Assembly are given assent by the President. The President may only refuse to give assent if they believe the legislative bill goes against the constitution, in such a case the bill is returned for amendment, if it is passed again without amendment or the President still believes it to go against the constitution, then the President refers the bill to the High Court for their opinion. If the High Court declares it to not be against the constitution then the President must give assent, if it does declare it goes against the constitution the bill is returned to the House of Assembly.  

Legislative bills are introduced by members of the House of Assembly. Money bills or related amendments may not be moved upon by the House of Assembly without first having recommendation from the Cabinet that is certified by a Minister.  

The Speaker of the House of Assembly is elected from outside of the chamber and is not considered a member, they are elected via absolute majority through multiple rounds. The Speaker ensures procedure is followed, rules are abided, and represents the House of Assembly in an impartial manner. The Speaker can be removed from his/her post via a resolution supported by at least a two-thirds majority.  

Subject to provisions of the Constitution, the President or at least one-third of the House of Assembly membership may advise the Speaker to summon the House at any time.  

The House of Assembly holds the power to appoint the Public Accounts Committee.  

The Electoral System  

Map by TUBS and edited by Peter Fitzgerald from Wikimedia Commons. CC BY-SA 3.0. Source.

Presidential Elections take place following General Elections of the House of Assembly. The House of Assembly following election of their Speaker shall nominate no less than three and no more than four candidates for President/Beretitenti from among their own members. The Presidential Election will follow and the winner is determined by simple majority. One person can serve a maximum of three terms (each term being four years which runs alongside the term of the House of Assembly).  

General Elections for the House of Assembly happen every 4-years. 44 of the members are elected from single-seat and multi-seat constituencies using a two-round absolute majority system. One further member is nominated to the House of Assembly by the Rabi Council of Leaders for Banaba Island, although the Rabi Islanders are Fijian, they still hold Kiribati passports and have ancestry to Banaba Island, and are considered to own the island.  

If the chosen President is a member who represents a single-seat constituency, then that constituency holds a by-election to elect an additional member to represent it.  

Candidates for the House of Assembly must be a citizen of Kiribati and be at least 21-years-old, and not meet any of the disqualifications within the constitution.  

To vote in elections one must be a Kiribati citizen who is at least 18-years-old, cannot be serving a prison sentence exceeding 12 months, insane or of unsound mind, or be disqualified due to electoral offenses. Voting is not mandatory.  

Sources 

Source for this comes from Kiribati’s 1979 constitution with amendments up until 2013 (constituteproject.org) and so it does not include changes made in 2016 and 2018 unfortunately as such information is not readily available, not easily accessed, or is not free to access. As such it is strongly advised to perform cross-research if using this seriously.  

Amendments to the constitution are proposed by the House of Assembly, with passage requiring a two-thirds majority. Amendments that affect amendment procedures or certain parts of the constitutional chapter on citizenship requires it to be deferred to a newly elected House of Assembly who must approve it by a two-thirds majority and also be supported by the member nominated by the Rabi Council of Leaders. Amendments that affect protection of fundamental rights and freedoms must also be approved by at least two-thirds majority in a national referendum.  


Next up will be the government system of Kuwait.

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