Kiribati

Table of Contents:

• General Right to Vote
• Exclusion or Potential Exclusion Based on Disability
• Candidacy or Holding Office

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Section 64 states:

Subject to the provisions of this section and of section 118(3) of this Constitution, every person who-

• (a) is a citizen of Kiribati;
• (b) has attained the age of 18 years; and
• (c) is a person resident within an electoral district established by or under this Constitution, shall be entitled to be registered as an elector in the electoral district in which he is resident, and when so registered to vote at an election of a member of the Maneaba ni Mangatabu for that electoral district.

 

Excerpt from the Constitution of Kiribati (1979, last amended 1995)

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Section 5, subsection (1) states:

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— …

• (i) in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his care or treatment or the protection of the community…

 

Section 34 states:

(1) If the Maneaba ni Maungatabu resolves, upon a motion supported by the votes of a majority of all the members thereof (other than the Beretitenti), that the question of the mental or physical capacity of the Beretitenti to discharge the functions of his office ought to be investigated, the Speaker shall notify the Chief Justice who shall appoint a Medical Board consisting of not less than three persons who are qualified as medical practitioners under the law of Kiribati or under the law of any other country in the Commonwealth, and the Board shall inquire into the matter and shall report to the Maneaba stating the opinion of the Board whether or not the Beretitenti is, by reason of any infirmity of body or mind, incapable of discharging the functions of his office.

(2) If the Maneaba, having received the report of the Medical Board, resolves by a majority of all the members of the Maneaba (other than the Beretitenti) that the Beretitenti is, by reason of infirmity of body or mind, incapable of discharging the functions of his office, the Beretitenti shall cease to hold office forthwith.

 

Section 36 states:

(2) If the Beretitenti is incapable by reason of illness or accident of discharging the functions of his office and the infirmity is of such a nature that the Beretitenti is unable to authorise another person under this section to discharge those functions, the Kauoman-ni-Beretitenti shall discharge the functions of the office of Beretitenti…

(4) It shall be a condition precedent to the discharge by the Kauoman-ni-Beretitenti of the functions of the office of Beretitenti by virtue of subsection (2) of this section that the Secretary to the Cabinet shall have a certificate of a medical practitioner registered under the law of Kiribati that the Beretitenti is incapable by reason of illness or accident of discharging the functions of his office…

 

Section 39 states:

(5) If the Kauoman-ni-Beretitenti is absent from Kiribati or is incapable by reason of illness or any other cause of discharging the functions of his office, the Beretitenti shall appoint one of the other Ministers to perform the functions of the office of Kauoman-ni-Beretitenti and any person so appointed shall discharge those functions accordingly…

(8) It shall be a condition precedent to the discharge of the functions of the office of Beretitenti by the Minister elected under the preceding subsection that the Secretary to the Cabinet shall have a certificate of a medical practitioner registered under the law of Kiribati that the Kauoman-ni-Beretitenti is incapable by reason of illness or accident of discharging the functions of his office…

 

Section 56, subsection (1) states:

No person shall be qualified to be elected as an elected member of the Maneba ni Maungatabu [Legislature] who…

• (b) is in lawful detention by reason of his having been certified to be insane or otherwise adjudged to be of unsound mind under any law in force in Kiribati…

 

Section 64, subsection (2) states:

Notwithstanding the preceding subsection no person who…

• (b) is certified to be insane or otherwise adjudged to be of unsound mind under any law in force in Kiribati shall be registered as an elector for an electoral district or, being registered, shall be entitled to vote at an election.

 

Excerpts from the Constitution of Kiribati (1979, last amended 1995)

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Section 34 states:

(1) If the Maneaba ni Maungatabu resolves, upon a motion supported by the votes of a majority of all the members thereof (other than the Beretitenti), that the question of the mental or physical capacity of the Beretitenti to discharge the functions of his office ought to be investigated, the Speaker shall notify the Chief Justice who shall appoint a Medical Board consisting of not less than three persons who are qualified as medical practitioners under the law of Kiribati or under the law of any other country in the Commonwealth, and the Board shall inquire into the matter and shall report to the Maneaba stating the opinion of the Board whether or not the Beretitenti is, by reason of any infirmity of body or mind, incapable of discharging the functions of his office.

(2) If the Maneaba, having received the report of the Medical Board, resolves by a majority of all the members of the Maneaba (other than the Beretitenti) that the Beretitenti is, by reason of infirmity of body or mind, incapable of discharging the functions of his office, the Beretitenti shall cease to hold office forthwith.

 

Section 36 states:

(2) If the Beretitenti is incapable by reason of illness or accident of discharging the functions of his office and the infirmity is of such a nature that the Beretitenti is unable to authorise another person under this section to discharge those functions, the Kauoman-ni-Beretitenti shall discharge the functions of the office of Beretitenti…

(4) It shall be a condition precedent to the discharge by the Kauoman-ni-Beretitenti of the functions of the office of Beretitenti by virtue of subsection (2) of this section that the Secretary to the Cabinet shall have a certificate of a medical practitioner registered under the law of Kiribati that the Beretitenti is incapable by reason of illness or accident of discharging the functions of his office…

 

Section 39 states:

(5) If the Kauoman-ni-Beretitenti is absent from Kiribati or is incapable by reason of illness or any other cause of discharging the functions of his office, the Beretitenti shall appoint one of the other Ministers to perform the functions of the office of Kauoman-ni-Beretitenti and any person so appointed shall discharge those functions accordingly…

(8) It shall be a condition precedent to the discharge of the functions of the office of Beretitenti by the Minister elected under the preceding subsection that the Secretary to the Cabinet shall have a certificate of a medical practitioner registered under the law of Kiribati that the Kauoman-ni-Beretitenti is incapable by reason of illness or accident of discharging the functions of his office…

 

Section 56, subsection (1) states:

No person shall be qualified to be elected as an elected member of the Maneba ni Maungatabu [Legislature] who…

• (b) is in lawful detention by reason of his having been certified to be insane or otherwise adjudged to be of unsound mind under any law in force in Kiribati…

 

Excerpts from the Constitution of Kiribati (1979, last amended 1995)