3. Fundamental rights and freedoms of the individual
Whereas every person in Kiribati is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely-
(a) life, liberty, security of the person and the protection of the law;
the provisions of this Chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations on that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest.
5. Protection of right to personal liberty
(1) No person shall be deprived of his personal liberty save as may be authorised by law in any of the following cases, that is to say-
6. Protection from slavery and forced labour
(1) No person shall be held in slavery or servitude.
(2) No person shall be required to perform forced labour.
(3) For the purposes of this section, the expression "forced labour" does not include-
(a) any labour required in consequence of the sentence or order of a court;
(b) any labour required of any person while he is lawfully detained that, though not required in consequence of the sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he is detained;
(c) any labour required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service as a member of a disciplined force, any labour that that person is required by law to perform in place of such service;
(d) any labour required during any period of public emergency or in the event of any other emergency or calamity that threatens the life and well-being of the community, to the extent that the requiring of such labour is reasonably justifiable in the circumstances of any situation arising or existing during that period or as a result of that other emergency or calamity, for the purpose of dealing with that situation; or
(e) any labour reasonably required as part of reasonable and normal communal or other civic obligations.
7. Protection from inhuman treatment
(1) No person shall be subjected to torture or to inhuman or degrading punishment or other treatment.
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question authorises the infliction of any description of punishment that was lawful in Kiribati immediately before the coming into operation of this Constitution.
14. Protection of freedom of movement
(1) No person shall be deprived of his freedom of movement, and for the purposes of this section the said freedom means the right to move freely throughout Kiribati, the right to reside in any part of Kiribati, the right to enter and to leave Kiribati and immunity from expulsion from Kiribati.
(2) Any restriction on a person's freedom of movement that is involved in his lawful detention shall not be held to be inconsistent with or in contravention of this section.
(3) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision
CONSTITUTION OF KIRIBATI 1979 (REV. 1995) (PDF)
241. Definition of kidnapping and abduction
For the purposes of this Part-
(a) any person who conveys any person beyond the limits of the Gilbert Islands without the consent of that person, or of some person legally authorised to consent on behalf of that person, is said to kidnap that person; and
(b) any person who by force compels, or by any deceitful means induces, any person to go from any place,
is said to abduct that person.
242. Punishment for kidnapping
Any person who kidnaps any person is guilty of a felony and shall be liable to imprisonment for 7 years.
243. Kidnapping or abducting with intent to confine person
Any person who kidnaps or abducts any person with intent to cause that person to be secretly and wrongfully confined, is guilty of a felony, and shall be liable to imprisonment for 7 years. Kidnapping or abducting in order to subject person to grievous harm, slavery, etc.
244. Kidnapping or abducting in order to subject person to grievous harm, slavery, etc.
Any person who kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subjected, to grievous harm, or slavery, or to the unnatural lust of any person, or knowing it to be likely that such person will be so subjected or disposed of, is guilty of a felony, and shall be liable to imprisonment for 10 years.
245. Wrongfully concealing or keeping in confinement kidnapped or abducted person
Any person who, knowing that any person has been kidnapped or has been abducted, wrongfully conceals or confines such person, is guilty of a felony, and shall be punished in the same manner as if he had kidnapped or abducted such person with the same intention or knowledge, or for the same purpose, as that with or for which he conceals or detains such person in confinement.
248. Punishment for wrongful confinement
Whoever wrongfully confines any person is guilty of a misdemeanour and shall be liable to imprisonment for 1 year or to a fine of $400.
249. Unlawful compulsory labour
Any person who unlawfully compels any person to labour against the will of that person is guilty of a misdemeanour.
2. Interpretation
(1) In this Act, unless the context otherwise requires –
‘exploitation’ includes all forms of sexual exploitation (including sexual servitude and exploitation of another person’s prostitution), forced labour or services, slavery or practices similar to slavery, servitude and the removal of organs;
‘specified means’ means any of the following—
(a) threat;
(b) use of force or other forms of coercion;
(c) abduction;
(d) fraud;
(e) deception;
(f) abuse of power or of a position of vulnerability;
(g) giving or receiving payments or benefits to achieve the consent of a person having control over another person;
'trafficked person' means a person who is the victim of trafficking in persons;
'trafficking in persons' means the recruitment, transportation, transfer, harbouring or receipt of a person for the purpose of exploitation;
Part viii - trafficking in persons and people smuggling
- Offence of trafficking in persons
Any person who engages in trafficking in a person or is involved in the arranging of trafficking in a person, knowing that the person's entry into Kiribati or any other State is or was arranged by specified means, commits an offence and is liable upon conviction to imprisonment for 15 years.
- Offence of trafficking in children
Any person who intentionally engages in trafficking in a person who is a child or is involved in the arranging of trafficking in a person who is a child, regardless of whether the child's entry into Kiribati or any other State is or was arranged by specified means, commits an offence and is liable upon conviction to imprisonment for 20 years.
- Consent of trafficked person
In a criminal prosecution for an offence under section 42 or 43, it is not a defence that -
(a) the trafficked person consented to the intended exploitation; or
(b) the intended exploitation did not occur.
- Aggravated offences
Any person who commits an offence under section 46, 47 or 48 with one or more of the following circumstances of aggravation -
(a) the unauthorised person is subjected to torture or to any other cruel, inhuman or degrading treatment (including exploitation);
(b) the life or safety of the person being smuggled is, or is likely to be, endangered, is liable upon conviction to imprisonment for life.
MEASURES TO COMBAT TERRORISM AND TRANSNATIONAL ORGANISED CRIME ACT 2005 (PDF)
