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Progress on the recommendations of the 1985 Independent Commission of Inquiry relating to the Banabans as required under the Constitution of Kiribati

As a friend of the Banabans, can someone furnish us as to what are some of the progress on the recommendations provided in the above mentioned Commission Report. In that report, it indicated that the RCL (representative of Banaban community) will only legitimise the constitutional provisions in the Kiribati Constitution if these recommendations are being fulfilled by the Kiribati government. As I understand, this is the only way that the Banabans could accept the Constitution of Kiribati as a law that will protect their rights and interests on Banaba.

 

On our part, it is hard to find out about the actions of the Government in relation to this Report, as they are classified. May be from the Banaban side, this can be shared for public interest and benefits.

 

May we seek the assistance of Ken and the RCL Chairman as members of this site, to furnish us for more information. We heard that Ken and Peter just came back from Tarawa.....in relation to the rehiabilitation of Banaba.....what are the government responses.....I wish it's not confidential...

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Mauri Arita,
I couln't continue our last discussions lately as you know I just came back home last wednesday. Now, in regard to your request about the Commission of Enquiry report it is within the hand of the Kiribati Governmemnt as you say and to my understanding the RCL and Kiribati Government had discussions about it way back then and things are well in place and therefore RCL and Kiribati Government are working hand in hand as we can see by the propsal of the Banaba Rehabilitating project by RCL on behalf of Banaban Landowners which Kiribati Government have supported.

In relation to the Banaba Rehab project you can access these infos on Banaban Voice, Banaban Vision, twitter or Facebook. It is there for the whole world to see, our Chairman and RCL believe in transparancy so your wish is granted ....it is not confidential.

I hope this will help.
Cheers.
Thanks Ken!

I had read your MISSION report and so impressed if the support GOK provides! Anyway, there are important stuffs inside that report that worth reconsidering...GOK havent implement one of them

Are ieta...
Mauri Arita

Can you confirm which 1985 Independent Commission of Inquiry you are referring to?

Regards
Stacey
Mauri Stacey

Yes... for the report: I'm referring to the Report of the Independent Commission of Inquiry relating to the Banabans, September 1985, Kiribati. That Commission was set up as required under section 122 of the Constitution of Kiribati where the operation of the provisions under Chapter IX should be reviewed after 3 years after independence. Unfortunately, the task was taken 1985, 5 years after independence.

In that Report, the RCL establish its position to GOK, expressing that Chapter IX is not binding upon them because they did not participate in its formulation. Its something that forced upon them to accept!

I understand that sometimes what is written on paper can be different from what is exactly happening right now.....

So, can you be sure that our government can now fulfill its obligations under your Banaban Rehabilitating Project when there are some outstanding back logs that still unattended?....(Food for thoughts)


Regards
Arita
Mauri Arita ao are ieta naba ngkoe,
I have read your reply to stacey and yes you were right about our RCL at that time complaining about their absence during the meeting when the Constitution was reviewed.

To cut a long story short it was the Commission of Enquiry that concluded that Chapter ix cannot be ignored or deleted as it is part of the Privy Council's juridiction for the protection of the Banaban community as a whole in regard to their landownership of Banaba and for their freedom to travel between Rabi in Fiji and Banaba in Kiribati. I think the Commission of Enquiry had been fair to the Banaban community in their judgement and for that I congratulate them and thank goodness that chapter is still in the constitution. I have copies of these minutes in our archives.

I hope that this will help.

Teke raoi and thanks.
ken.

ARITA NATHAN said:
Thanks Ken!

I had read your MISSION report and so impressed if the support GOK provides! Anyway, there are important stuffs inside that report that worth reconsidering...GOK havent implement one of them

Are ieta...
Mauri riki Ken,

Kab'ara buren te okioki ni maroro......but what drives me .....is simple!....I just want to know what is the position of the RCL as GOK havent fulfill its obligations under the above said Commission. Ah....only one implemented that is with the introduction of the Banaba Lands (Special Provisions) Act 1988. This Act of parliament require the State to return all lands being taken for mining on Banaba during colonial periods. It almost 25 years and nothing has been done to other recommendations......yet after that Commission submit its report.

If you think this is not the rite site to raise this kind of issue then I may stop at your discretion......

Are ieta!
Mauri Arita,
Akea te kanganga, e tikiraoi te maroro bwa te kan ota nai aron ae eitiaki. It will be a great help too if you can identify to me of which obligations the GOK haven't fulfill in regard to RCL position under the mentioned Commission. Here you have to help me pinpoint your queiries, as far as I know this Commission of Enquiry was conducted almost 25yrs ago as you stated and nothing had been done since then.

Now my question is whose resposibilty is it to fulfill those recomendations? Is it RCL's or GOK? If it RCL's then I will seek my Council's advice on this issue but if it is GOK's then I think it is between you and GOK to justufy your queiries. Maybe there is a very serious reason why these recomendations are never implimented.

Ia manga ongora mai Iroum.
Teke raoi.

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