Kiribati

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Environmental Law

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Environmental Crime Legal Framework In Kiribati

Environmental legislation in Kiribati is the responsibility of the Legislature – the Maneaba ni Maungatabu. Any Member of the Maneaba can introduce legislation in the form of Bills on the basis that said legislation is consistent with the Constitution. Legislation often gives power to Ministers which are appointed by the Beretiteni from Members of the Maneaba. Cabinet consists of the Beretiteni, the Kauomanni-Beretiteni (Vice-President) and up to eight Ministers and the Attorney-General. Kiribati’s Constitution contains provisions for the protection of the environment, vesting ownership of Kiribati’s resources to the people and their government.

Local Government Councils are established by the Minister responsible under the Local Government Act (1984). The Councils are responsible for the following:

Controlling plants diseases, weeds and pests

Controlling methods of animal husbandry

Limited land management

The improvement and regulation of fishing

Building guidelines

Sanitation, water and pollution

Featured Legislation

1956: The Native Lands Ordinance was passed, stating that native land owned by a native or natives in each of the 18 islands of Kiribati cannot be alienated to a person who is not a native. It does not restrict alienation to the Crown, a Local Government Council, the Housing Corporation, a registered society under the Cooperative Societies Ordinance or the National Loans Board.

1959: The Neglected Lands Ordinance was signed, providing for the purchase of lands that, in the opinion of the Minister responsible, are neglected. “Neglected” in this sense means land that is suitable for agriculture that is not fully or efficiently utilized”. Such land may only be transferred to natives or for sale or gift to Local Government Councils.

1976: The Plants Ordinance was adopted. It serves as the statutory basis for the protection of plants in Kiribati, including control of importation of plants, the authority to inspect premises and to impose quarantine areas.

1977: The Fisheries Ordinance was instituted, describing the Minister’s role in developing the fisheries resources of Kiribati for the full benefit of the country.

1983: The Maritime Zones (Demarcation) Act was established to demarcate Kiribati jurisdiction over an exclusive economic zone. The legislation includes a description of areas within these limits relating to international and archipelagic waters and the territorial sea.

1989: The Laws of Kiribati acknowledged customary law in that it may be applied to:

The ownership by custom of rights in, over, or in connection with any sea or lagoon area, inland waters or foreshore or reef, or in or on the seabed

Rights of navigation and fishing; and
The ownership by custom of water, or rights in, over or to water

1999: The Environment Act was introduced to provide for environmental assessments, at the discretion of Cabinet. The Legislation also states: “No person shall cause or allow waste or pollutant to be discharged in any position, place, land, beach, sea, lagoon, or foreshore from which the waste or pollutant is likely to result in pollution or the unreasonable interference with health, welfare, convenience, comfort or amenity of any person”.

The following provisions are also contained therein:

– To provide for and establish integrated systems for development control, environmental impact assessment and pollution control
– To prevent, control and monitor pollution
– To reduce risks to human health and prevent the degradation of the environment by all practical means, including the following: regulating the discharge of pollutants to the air, water and land; regulating the transport, collection, treatment, storage and disposal of wastes; and promoting recycling, re-use, reduction, composting and recovery of materials in an economically viable manner
– To comply with and give effect to regional and international conventions and obligations relating to the environment.
– Protecting and conserving the natural resources threatened by human activities, particularly those resources of national and ecological significance as may be classified under the categories of terrestrial vegetation, coral, fish and marine life

2013: The Kiribati Integrated Environment Policy was unveiled. The Integrated Environment Policy is a national policy with a cross-sectoral approach. The overall goals of the Policy are to ensure a safe and healthy environment and support livelihoods, human health, and sustainable development by addressing climate change, biodiversity conservation and management, waste management and pollution control, resource management, and environmental governance.

2018: The Kiribati Climate Change Policy was tabled. Kiribati Climate Change Policy is a national policy with a multi-sectoral approach. The goal of this Policy is to increase the resilience of Kiribati against the impacts of climate change and related disaster risks by addressing the challenges posed by climate change and disaster risks in a holistic manner.

To provide for and establish integrated systems for development control, environmental impact assessment and pollution control

To prevent. Control and monitor pollution

To reduce risks to human health and prevent the degradation of the environment by all practical means, including the following

Regulating the discharge of pollutants to the air, water and land

Regulating the transport, collection, treatment, storage and disposal of wastes

Promoting recycling, re-use, reduction, composting and recovery of materials in an economically viable manner

To comply with and give effect to regional and international conventions and obligations relating to the environment.

Protecting and conserving the natural resources threatened by human activities, particularly those resources of national and ecological significance as may be classified under the categories of terrestrial vegetation, coral, fish and marine life

Featured Case Studies: Transnational Environmental Crime, Human Security, and Biosecurity

After purchasing land from Fiji nearly half a decade ago, the government of Kiribati has decided to transform this area into a commercial farm to help feed its citizens. Originally purchased with the intention of using the land as refuge in the event of rising sea levels, Kiribati, with “technical assistance” from China, will utilize the 22 km sq parcel of land in Fiji for agriculture. After scientists assuaged the President’s fears that the archipelagic nation was not in danger of disappearing amid rising levels, the countries decided to use the estate to grow food for Kiribati. However, there has been speculation the land would be gifted or sold to China. Thus far, a strategic plan for the land had been developed but no details surrounding who would farm the land, or what would be grown and for whom have been shared. Opposition parties in Kiribati have called for more transparency with any deals involving China, as mounting concerns over the farm’s stewardship and eventual ownership have come to the fore. Kiribati’s deal with China is stoking fears that China is using select “development” projects as a guise to facilitate Chinese military expansion in the Pacific – a move quite plausible given Kiribati’s strategic location. Kiribati is home to 113,000 people, and has been independent since 1979. The capital, Tarawa, is just 1000km south of Kwajalein Atoll and America’s Reagan Missile Test Site.

References and Further Reading

Contacts

Ministry of Environment, Lands and Agricultural Development: om@melad.gov.ki