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Kiribati
Summary of Domestic Prohibition
Slavery and slave trade
Provisions related to slavery are found in the Constitution which prohibits slavery at article 6(1) and article 244 of the Penal Code makes it an offence to kidnap or abduct a person to subject them to slavery.
Practices similar to slavery and servitude
There appears to be no legislation in place in Kiribati which prohibits institutions and practices similar to slavery.
Servitude
Provisions related to servitude are found in the Constitution which prohibits servitude at article 6(1).
Forced or compulsory labour
Provisions related to forced labour are found in the Constitution which prohibits forced labour at article 6(2) and the Penal Code which makes unlawful compulsory labour an offence under article 249.
Human trafficking
Provisions related to trafficking in persons are found in the 2005 Measures to Combat Terrorism and Transnational Organised Crime Act which makes trafficking an offence under article 42, although the provision requires entry into Kiribati or any other State.
Forced marriage
Provisions related to forced marriage in Kiribati are found in the 1977 Penal Code, which addresses taking away or abducting a person with the intent to marry at Article 131, with a potential penalty of imprisonment for seven years. Article 162 also addresses wilfully and by fraud causing a woman who is not lawfully married to believe that she is lawfully married, with a potential penalty of imprisonment for ten years. Article 164 also addresses dishonestly or with fraudulent intention going through the ceremony of marriage knowing that the marriage is not lawful, with a potential penalty of imprisonment for five years.
Consent to marriage
There appears to be no legislation in Kribati that requires consent to marriage.
Servile marriage
There appears to be no legislation in Kiribati that prohibits servile matrimonial transactions.
Marriage trafficking
Provisions related to marriage trafficking in Kiribati are found in the MEASURES TO COMBAT TERRORISM AND TRANSNATIONAL ORGANISED CRIME ACT 2005, which prohibits trafficking for practices similar to slavery at Articles 2, 42 and 43, with a potential penalty of imprisonment for 15 years or 20 years if the victim is a children. SECTION 131 of the Penal Code 1977 also prohibits abduction for marriage, with a potential penalty of imprisonment for 7 years.
Minimum age for marriage
The minimum age for marriage in Kiribati is 21, without differentiation by gender, as set out on Article 5 of the 1977 Marriage Ordinances. Where marriages are conducted involving a person below the minimum age, the marriage shall be void, as set out on Article 5 of the 1977 Marriage Ordinances. However, marriages below this age are permitted with parental consent, as set out on Article 5 of the 1977 Marriage Ordinances. These exceptions are not differentiated by gender, and allow marriage as early as 18.
Region
Asia-Pacific
Regional Court
Not party to a court
Legal System
Common
International Instruments
International Obligations
- Forced Labour
- Human Trafficking
- Marriage Trafficking
Regional Organisations
- Commonwealth
- Bali Process
Legislative Provisions
CONSTITUTION OF KIRIBATI 1979 (REV. 1995)
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
PENAL CODE [CAP 67] 1977
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.
MEASURES TO COMBAT TERRORISM AND TRANSNATIONAL ORGANISED CRIME ACT 2005
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)
PENAL CODE [CAP 67] 1977
False statements etc. with reference to marriage
- Any person who-
(a) for the purpose of procuring a marriage or a certificate or licence for marriage knowingly and wilfully makes a false oath or makes or signs a false declaration, notice or certificate required under any Ordinance for the time being in force relating to marriage; or
(b) knowingly and wilfully makes or knowingly and wilfully causes to be made for the purpose of being inserted in any register of marriage a false statement as to any particular required by law to be known and registered relating to any marriage; or
(c) forbids the issue of any certificate or licence for marriage by falsely representing himself to be a person whose consent to the marriage is required by law knowing such representation to be false, shall be guilty of a misdemeanour, and shall be liable to imprisonment for 7 years.
Abduction
- Any person who, with intent to marry or have sexual intercourse with a woman of any age, or to cause her to be married or carnally known by any other person, takes her away, or detains her, against her will, is guilty of a felony, and is liable to imprisonment for 7 years.
Fraudulent pretence of marriage
- Any person who wilfully and by fraud causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief, shall be guilty of a felony, and shall be liable to imprisonment for 10 years.
Marriage ceremony fraudulently gone through without lawful marriage
- Any person who dishonestly or with fraudulent intention goes through the ceremony of marriage, knowing that he is not thereby lawfully married, shall be guilty of a felony, and shall be liable to imprisonment for 5 years.
Forgery of Certain documents with intent to defraud or deceive
- (1) Forgery of any of the following documents, if committed with intent to defraud or deceive, is a felony, and punishable with imprisonment for life-
Any document whatsoever having thereon or affixed thereto the stamp or impression of the Great Seal of the United Kingdom, Her Majesty’s Privy Seal, and privy signet of Her Majesty, Her Majesty’s Royal Sign Manual, or any other of Her Majesty’s official seals, or the public seal of the Gilbert Islands.
(2) Forgery of any of the following documents, if committed with intent to defraud or deceive, is a felony, and punishable with imprisonment for 14 years-
(a) any register or record of births, baptisms, namings, dedications, marriages, deaths, burials or cremations, which now is, or hereafter may be by law authorised or required to be kept in the Islands, relating to any birth, baptism, naming, dedication, marriage, death, burial or cremation, or any part of any such register, or any certified copy of any such register, or of any part thereof;
(b) any copy of any register of baptisms, marriages, burials or cremations, directed or required by law to be transmitted to any registrar or other officer;
(c) any certified copy of a record purporting to be signed by any officer having charge of any public documents or records in the Islands;
(d) any wrapper or label provided by or under the authority of the Accountant-General or the Chief Customs Officer.
(3) Forgery of any of the following documents, if committed with intent to defraud or deceive, is a felony, and punishable with imprisonment for 7 years-
(a) any official document whatsoever of or belonging to any court of justice, or made or issued by any judge, magistrate, officer or clerk of any such court;
(b) any register or book kept under the provisions of any law in or under the authority of any court of justice;
(c) any certificate, office copy or certified copy of any such document, register, or book or of any part thereof;
(d) any document which any magistrate is authorised or required by law to make or issue;
(e) any document which any person authorised to administer an oath under any law in force in the Gilbert Islands is authorised or required by law to make or issue;
(f) any document made or issued by a head of a Government department or law officer of the Crown, or any document upon which, by the law or usage at the time in force, any court of justice or any officer might act;
(g) any document or copy of a document used or intended to be used in evidence in any court of record, or any document which is made evidence by law;
(h) any certificate or consent required by any Ordinance for the celebration of marriage;
(i) any licence for the celebration of marriage which may be given by law;
(j) any certificate, declaration or order under any enactment relating to the registration of births or deaths;
(k) any register, book, builder’s certificate, surveyor’s certificate, certificate of registry, declaration, bill of sale, instrument of mortgage, or certificate of mortgage or sale, under Part I of the Merchant Shipping Act 1894 or any entry or endorsement required by the said Part of the said Act to be made in or on any of those documents;
1894 c .60
(l) any permit, certificate or similar document made or granted by or under the authority of the Collector of Customs or any other officer of Customs;
(m) any certificate not heretofore specified.
Forging registers of births, baptisms, marriages, deaths or burials
- Any person who knowingly and unlawfully inserts, or causes or permits to be inserted, in any register of births, baptisms, marriages, deaths or burials which now is or hereafter shall be by law authorised or required to be kept in the Gilbert Islands, or in any certified copy thereof, any false entry of any matter relating to any birth, baptism, marriage, death or burial, or knowingly and unlawfully gives any false certificate relating to any birth, baptism, marriage, death or burial or certifies any writing to be a copy or extract from any such register, knowing such writing, or the part of such register whereof such copy or extract shall be so given, to be false in any material particular, or offers, utters, disposes of or puts off any such register, entry, certified copy, or certificate, knowing the same to be false, or offers, utters, disposes of or puts off any copy of an entry in any such register, knowing such entry to be false, is guilty of a felony, and shall be liable to imprisonment for 14 years.
Making false entry in copies of register sent to registrar
- Any person who knowingly and wilfully inserts, or causes or permits to be inserted, in any copy of any register directed or required by law to be transmitted to any registrar or other officer any false entry of any matter relating to any baptism, marriage, or burial, or knowingly and wilfully signs or verifies any copy of any register so directed or required to be transmitted as aforesaid, which copy is false in any part thereof, knowing the same to be false, or for any fraudulent purpose takes from its place of deposit or conceals any such copy of any register, is guilty of a felony, and shall be liable to imprisonment for 7 years.
MARRIAGE ORDINANCES 1968, amended 1977
Marriage of persons under 16
- A marriage solemnised between persons either of whom is under the age of 16 shall be void.
Marriage of persons under 21
- (1) When either party to an intended marriage , not being a widower or a widow, is under 21 years of age, the written consent of the father, or if he be dead or of unsound mind or absent from the district, of the mother, or if both be dead or of unsound mind or absent from the district, of the guardian of such party, shall be required:
Provided, however, that-
(a) when such party has no father, mother or guardian, the Registrar-General may, if satisfied after due inquiry that the intended marriage is a proper one, dispense with such consent;
(b) when the person whose consent is required refuses his consent, the Registrar-General may, if satisfied after due inquiry that the refusal is perverse and that it is in the best interests of the party requiring the consent that the intended marriage should take place, dispense with such consent.
(2) If the person required to signify his consent is illiterate, he shall sign his consent by placing his mark thereto after it has been read over and explained to him by a magistrate or a marriage officer who shall attest the same.
Objections to marriage
- (1) At any time after notice of an intended marriage has been given but before the issue of the certificate for marriage , any person, whose consent to the marriage is hereby required or who may know of any just cause why the marriage should not take place, may give notice, either orally or in writing, to the registrar of the district where notice of marriage has been given, stating the reasons why he objects to the marriage .
(2) On receipt of such notice, the registrar shall cause the word “forbidden” to be entered opposite to the entry of the notice of marriage in the Marriage Notice Book, and shall make full inquiry as to the genuineness or otherwise of the objection to the marriage .
(3) If the registrar is satisfied that no objection exists he shall cancel the word “forbidden” and make and sign an entry in the Marriage Notice Book to the effect that after investigation the objection was not sustained, and he may then issue his certificate and the marriage may proceed as if no objection had been entered.
(4) If, on investigation, the objection is found to be valid, an entry to that effect shall be made in the Marriage Notice Book and the certificate for marriage shall not be issued:
Provided that, if either party is dissatisfied with the decision of the registrar he may within 2 months refer the decision to the Registrar-General, or where the Registrar-General is himself the registrar of the district, to the Attorney-General who shall decide upon the validity or otherwise of the objection; and if the Registrar-General or the Attorney-General, as the case may be, decides that the objection is not valid the entry in the Marriage Notice Book shall be cancelled, and the certificate for marriage may then be issued.
(5) The time which may have elapsed between the entering of an objection and the final decision in respect of it, shall not be computed in the period of 3 months specified in sections 9 and 10.
(6) Any person who, without sufficient and proper cause, wilfully gives notice of objection to a marriage shall be liable to a fine of $50, and, in default of payment, to imprisonment for 3 months.
28. If a registrar knowingly and wilfully-
(a) issues a certificate for marriage before the expiration of 21 days from the day on which notice of marriage was entered in the marriage notice book;
(b) issues a certificate for marriage after the expiration of 3 months from the said day;
(c) issues a certificate for marriage the issue of which has been forbidden under section 12;
he shall be liable to a fine of $500 or to imprisonment for 1 year.
Marriages when invalid
- A marriage solemnised after the commencement of this Ordinance shall be null and void if-
(a) solemnised by a person other than a marriage officer;
(b) either of the parties to it has married under a false name;
(c) solemnised without the authority of a certificate for marriage or of a licence where such certificate or licence is required;
(d) solemnised without the endorsement by the Registrar-General of the certificate for marriage where such endorsement is required.
MARRIAGE (amendment) Act 2002
Amendment of section 5
- Section 5 of the Marriage Ordinance (Cap. 54) (hereinafter referred to as “the principal Ordinance”) is amended by repealing “16” and substituting “18”.
Amendment of section 7
- Section 7 of the principal Ordinance is amended in subsection (1) by repealing the whole of subsection (1) and substituting it as follows –
“7. (1) When either party to an intended marriage, not being a widower or widow is under 21 years of age, the written consent of both the father and mother, or if any one of them is dead or of unsound mind or absent from Kiribati, of the other, or if both are dead or of unsound mind or absent from Kiribati, of the guardian of such party, shall be required:
Provided, however, that –
(a) when such party has no father, mother or guardian, the Registrar-General may, if satisfied after due inquiry that the intended marriage is a proper one, dispense with such consent;
(b) when the person whose consent is required refuses his consent, the Registrar-General may, if satisfied after due inquiry that the refusal is perverse and that it is in the best interests of the party requiring the consent that the intended marriage should take place, dispense with such consent.”