The High Court in Suva has ruled that Banaban rights activist Itinterunga Rae must pursue information about proposed phosphate mining on Banaba Island through Kiribati’s legal system, not Fiji’s courts.
Rae had sought constitutional orders compelling the Rabi Council of Leaders to release documents relating to Australian company Centrex Limited’s proposal to explore phosphate deposits on Banaba.
He argued the council breached his right to access information under Section 25 of Fiji’s Constitution.
But the Court dismissed key parts of the application, ruling that Banaba lies within Kiribati’s sovereign jurisdiction and that Fiji’s courts cannot compel disclosure of information tied to Kiribati’s governance processes.
The judge noted that while the Rabi Council operates in Fiji and represents Banabans on Rabi Island, it also nominates a Member of Parliament to Kiribati — a role linked directly to Banaba’s lands and resources.
Information held by the council in that capacity, the Court found, is obtained under Kiribati’s constitutional framework.
Judge Thusara Rajasinghe said in his December 31st ruling the court was “hesitant and reluctant to venture into a legal domain not provided for under the Fijian legal system,” emphasising that Kiribati’s constitution already provides Banabans with avenues to seek remedies.
The ruling highlighted the historical relocation of Banabans from Banaba to Rabi in the 1940s, but reaffirmed that sovereignty and international comity limit the reach of Fiji’s courts over Banaba.
