Legal System of Kiribati

Kiribati is located in Australia Oceania. It is geographically situated in oceania, group of 32 coral atolls and one raised coral island in the pacific ocean, straddling the equator; the capital tarawa is about halfway between hawaii and australia. The country achieved independence on 12 july 1979 (from the uk). The capital is Tarawa.

Government Overview

Government Type: presidential republic Chief of State: President Taneti MAAMAU (since 11 March 2016) Head of Government: President Taneti MAAMAU (since 11 March 2016) Cabinet: Cabinet appointed by the president from among House of Assembly members Administrative Divisions: 3 geographical units: Gilbert Islands, Line Islands, Phoenix Islands; there are no first-order administrative divisions, but the 6 districts are Banaba, Central Gilberts, Line Islands, Northern Gilberts, Southern Gilberts, Tarawa, with 21 island councils on Abaiang, Abemama, Aranuka, Arorae, Banaba, Beru, Butaritari, Kanton, Kiritimati, Kuria, Maiana, Makin, Marakei, Nikunau, Nonouti, Onotoa, Tabiteuea, Tabuaeran, Tamana, Tarawa, Teraina National Holiday: Independence Day, 12 July (1979) Suffrage: 18 years of age; universal

The legal system of Kiribati is described as english common law supplemented by customary law International Law: has not submitted an ICJ jurisdiction declaration; non-party state to the ICCt

Constitutional Framework

The constitution has the following history: The Gilbert and Ellice Islands Order in Council 1915, The Gilbert Islands Order in Council 1975 (pre-independence); latest promulgated 12 July 1979 (at independence) Amendment Process: proposed by the House of Assembly; passage requires two-thirds majority vote by the Assembly membership; passage of amendments affecting the constitutional section on amendment procedures and parts of the constitutional chapter on citizenship requires deferral of the proposal to the next Assembly meeting where approval is required by at least two-thirds majority vote of the Assembly membership and support of the nominated or elected Banaban member of the Assembly; amendments affecting the protection of fundamental rights and freedoms also requires approval by at least two-thirds majority in a referendum

Judicial Branch

Highest Court(s): High Court (consists of a chief justice and other judges as prescribed by the president) Judge Selection: chief justice appointed by the president on the advice of the cabinet in consultation with the Public Service Commission (PSC); other judges appointed by the president on the advice of the chief justice along with the PSC Subordinate Courts: Court of Appeal; magistrates’ courts

Legislative Branch

The legislative structure consists of unicameral

Citizenship and Suffrage

Citizenship by Birth: no Citizenship by Descent: at least one parent must be a native-born citizen of Kiribati Suffrage: 18 years of age; universal

Historical Background

Kiribati is made up of three distinct island groups – the Gilbert Islands, the Line Islands, and the Phoenix Islands. The first Austronesian voyagers arrived in the Gilbert Islands as early as 3000 B.C., but these islands were not widely settled until about A.D. 200 by Micronesians. Around 1300, Samoans and Tongans invaded the southern Gilbert Islands, then known as Tungaru, bringing Polynesian cultural elements with them.


This article provides a summary of the legal system and governmental structure of Kiribati based on the CIA World Factbook. The Factbook is a public domain publication of the United States Central Intelligence Agency.