Human rights in Kiribati
International human rights instruments
There has been international concern that Kiribati has only ratified three of the seven core international human rights treaties,
Constitutional protection of rights
The Constitution of Kiribati came into force in 1979 and was revised in 1980.[3] It provides for the protection of fundamental human rights, including:
- Protection of right to life (section 3)
- Protection of right to personal liberty (section 4)
- Protection from slavery and forced labour (section 5)
- Protection from inhuman treatment (section 6)
- Protection from deprivation of property (section 7)
- Protection for privacy of home and other property (section 8)
- Provisions to secure protection of the law (section 9)
- Protection of freedom of conscience (section 10)
- Protection of freedom of expression (section 11)
- Protection of freedom of assembly and association (section 12)
- Protection of freedom of movement (section 13)
- Protection from discrimination on the grounds of race, etc. (section 13).
Notably, while there is a provision providing protection from discrimination on the grounds of race and political opinion, there is no protection from discrimination on the basis of gender, sexual orientation or disability.[2] The government has tried to amend the constitution to provide for non-discrimination on the grounds of sex or gender, however it did not achieve the required 2/3 majority.[4] While the constitution provides for the protection of fundamental rights and freedoms, like most countries, they are subject to certain qualifications and limitations. In particular, Kiribati's customary laws are given recognition in the Courts.[5]
Human Rights Council Universal Periodic Review 2010
The
Right to water and sanitation
The rights to water and sanitation derive from the
In its submission to the UN Universal Periodic Review, Amnesty International identified overcrowding as the key cause of poor sanitation and drinking water shortages in Kiribati.[9] As Kiribati is one of the most densely populated areas in the world there is increased stress on both infrastructure and resources, making management of water and sanitation a challenge in the country.[8] Data shows that sixty-five percent of people in Kiribati have access to an improved water source and thirty-three percent to improved sanitation.[8] This low level of sanitation is part of the reason for high disease rates and illness, for example the chance of a person having diarrhoea is four hundred percent more likely in Kiribati than in Australia or New Zealand, water borne diseases are increasingly common, outbreaks of typhoid occur annually and the country has the highest infant mortality rate in the Pacific region.[6]
It has also been acknowledged that as one of the world's least developed countries, Kiribati has limited capacity to fully address the situation and issues of international obligations of other states to respect the rights to water and sanitation in other countries may be a contributing factor to the broader issues faced by Kiribati, particularly in relation to climate change.[8] The effects of climate change are a reality for people's everyday life in the country and it is the effects of climate change coupled with inaction by the State and international community that have led to the denial of rights.[8]
Rights of women and children
Women’s rights
The protection of women remains a sensitive issue within the nation and this is largely due to the cultural and social structures that exist within Kiribati. The discrimination provision of the Bill of Rights does not prohibit discrimination on the basis of gender or sex, effectively meaning that discrimination against women is lawful in Kiribati
Domestic violence
While there are laws in place which make rape and all forms of assault illegal, there are no laws against domestic violence specifically and prosecutions are treated as offences warranting prosecution under the Penal Code of Kiribati.
Sexual exploitation of children
The law of Kiribati prohibits the exploitation of children in the sex industry with the procurement of any girl under 18 for prostitution being prohibited. Despite this underage girls have been known to be involved in commercial sex with crew members of large foreign fishing boats, often facilitated by family members.[11]
See also
References
- ^ a b "A/HRC/WG.6/8/KIR/2 - E - A/HRC/WG.6/8/KIR/2". undocs.org. Retrieved 2019-07-10.
- ^ a b "A/HRC/WG.6/8/KIR/3 - E - A/HRC/WG.6/8/KIR/3". undocs.org. Retrieved 2019-07-10.
- ^ "Constitution of Kiribati | Parliament of Kiribati". Archived from the original on 2015-09-21. Retrieved 2016-01-19.
- ^ a b c d e "A/HRC/WG.6/8/KIR/1 - E - A/HRC/WG.6/8/KIR/1". undocs.org. Retrieved 2019-07-10.
- ^ Laws of Kiribati Act 1989
- ^ a b "National Water Resources Policy" (PDF). Retrieved 2021-01-18.
- ^ a b "National Sanitation Policy" (PDF). Retrieved 2021-01-18.
- ^ a b c d e f "Press Statement: United Nations Special Rapporteur on the human right to safe drinking water and sanitation Ms. Catarina de Albuquerque Mission to the Republic of Kiribati - Kiribati". ReliefWeb. Retrieved 2019-07-10.
- ^ a b c d "Kiribati: Submission to the UN Universal Periodic Review: Eighth session of the UPR Working Group of the Human Rights Council, May 2010". www.amnesty.org. ASA 46/001/2009. Retrieved 16 March 2017.
- ^ a b c "KIRIBATI" (PDF). Retrieved 2021-01-18.
- ^ a b United States Department of State