Fiji High Court Rules Banaban Activist Must Seek Mining Documents Through Kiribati System

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.

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.

The ruling emphasized that sovereignty and international comity limit the reach of Fiji’s courts over Banaba, reaffirming that Kiribati’s constitution provides Banabans with avenues to seek remedies.