Activist wins access to Banaba mining documents

A Banaban activist seeking information on possible mining activity on Banaba Island has won a High Court ruling granting him access to documents, overriding objections by the Rabi Council of Leaders.

High Court judge Justice Thushara Rajasinghe delivered the ruling on Christmas Eve in favour of Itinterunga Rae, who filed a civil suit against the Rabi Council of Leaders after it refused to grant him access to internal information relating to land use and potential phosphate mining on Banaba Island.

Through his lawyer, Seforan Fatiaki, Mr Rae sought access to all records and formal correspondence between the council and Australian-based Centrex Limited regarding phosphate exploration on the island.

This included agreements, consultation documents, terms of reference and any information relating to the sale of pinnacle material from Banaba Island to third parties.

In response, the council’s lawyer, Vinisoni Filipe, told the court that Centrex Limited’s proposed project to recover and restore phosphate reserves on Banaba Island had been placed on hold following objections.

He also submitted that the Banaba administrator was appointed by, and reported directly to, the Prime Minister, Sitiveni Rabuka, who was responsible for matters relating to the island.

In a supplementary affidavit, senior planning officer at the Office of the Prime Minister, Filipe Bainimoli, stated there was no record of any executed agreement between the Rabi administrator and Centrex Limited.

Mr Bainimoli said a proposal from Centrex Limited dated September 12, 2022, relating to the possibility of re-mining on Banaba Island, had been received, but clarification sought by the Department of Mineral Resources and the Department of Environment was never provided and the matter did not proceed further.

Following a hearing on September 3, the court found that under the Banaban Settlement Act 1970 and the Banaban Land Act 1965, the authority of the Rabi Council of Leaders does not extend to rights or interests over Banaba Island itself.

The court ruled that the council’s authority is limited to matters concerning the Banaban community, including traditional and customary practices.

It also noted that under Sections 117 and 125 of the Constitution of Kiribati, the Rabi Council of Leaders has a constitutional duty to represent the rights and interests of its people through its nominated member of the Kiribati Parliament.

After considering the historical, cultural, traditional and emotional connection of the Banaban people to Banaba Island, the court ruled that under Section 25 of Fiji’s 2013 Constitution, Mr Rae was entitled to access the information, as the Rabi Council of Leaders is classified as a public office.

However, the court noted it had no jurisdiction to determine issues relating to Banaban land rights, as Banaba Island falls within the territorial boundaries of the Republic of Kiribati.

The Rabi Council of Leaders has been ordered to pay Mr Rae $2,000 in court costs.