Banaba Phosphate Mining Clash: Fiji Court Rules Information Must Go Through Kiribati

The High Court in Suva has delivered a significant ruling regarding the rights of Banaban activist Itinterunga Rae, stating that he must seek information about the proposed phosphate mining on Banaba Island through Kiribati’s legal system rather than Fiji’s courts. Rae had filed for constitutional orders aimed at compelling the Rabi Council of Leaders to disclose documents related to Centrex Limited’s proposal to explore phosphate deposits on the island.

Rae claimed that the council had violated his right to access information under Section 25 of Fiji’s Constitution. However, the court dismissed essential parts of his application, reaffirming that Banaba falls under Kiribati’s sovereign jurisdiction. The judges clarified that Fiji’s courts do not have the authority to mandate the release of information that is governed by Kiribati’s legal processes.

Judge Thusara Rajasinghe noted that while the Rabi Council operates within Fiji and represents Banabans living on Rabi Island, it also nominates a Member of Parliament to Kiribati. This role is closely tied to the lands and resources of Banaba. The court established that the information held by the council is obtained under Kiribati’s constitutional framework, further emphasizing the importance of respecting sovereignty between the two nations.

In his ruling on December 31, the judge expressed reluctance to interfere in matters outside the jurisdiction of Fijian law, reaffirming that Kiribati’s constitution already provides adequate avenues for Banabans to seek recourse. The judgment also recognized the historical context of the Banabans’ relocation from Banaba to Rabi during the 1940s, while upholding the principle that Fiji’s courts are limited in addressing matters related to Banaba’s governance.

This ruling underlines the complexities of regional legal frameworks and highlights the need for clarity regarding sovereignty and jurisdictional rights in matters affecting the Banaban people. As discussions around resource management continue to evolve, this decision could encourage stronger dialogue between the nations concerned to respect the rights and governance of indigenous communities.