Report - Office of the High Commissioner on Human Rights

John Collins, Kiribati
This testimony is based on legal customary and religious practices as obstacles to land inheritance
and property rights <strong>of</strong> women. I will also touch on violence against women issues, to elaborate more
on <strong>the</strong> legal and customary obstacles to women’s land and property rights.
Kiribati is a patriarchal society and in our traditional set up women are prevented from participating
in decision-making processes. The Maneoka (Meeting House) is <strong>the</strong> place where <strong>the</strong>y decide matters
concerning <strong>the</strong> village or <strong>the</strong> particular island. This is also <strong>the</strong> place where <strong>the</strong>y develop laws concerning
<strong>the</strong> land. In <strong>the</strong> past, land was acquired through war. The most skillful in fighting used to get <strong>the</strong> biggest
share <strong>of</strong> land. Women do not participate in <strong>the</strong> war so when it came to land distribution women got
<strong>the</strong> smaller shares. It is a cultural belief that when women get married she has to leave <strong>the</strong> family land
and move to her husband’s land. The eldest son inherits <strong>the</strong> best land. Land is regarded as important
because it links to family history and identity. It is also a means <strong>of</strong> survival.
The location <strong>of</strong> where you sit in <strong>the</strong> Maneoka connects to your land. Your seat also determines your
role in that village. The most skilful fighter is given a special position and role when <strong>the</strong> village meets
in <strong>the</strong> Maneoka. He is <strong>the</strong> chair and he is regarded as a chief.
The island <strong>of</strong> Tabitenea, in <strong>the</strong> sou<strong>the</strong>rn part, was named after <strong>the</strong> fighting for <strong>the</strong> land. There was
a dispute as to who would be <strong>the</strong> Chief. In <strong>the</strong> end <strong>the</strong>y agreed that no one should be Chief and everyone
would be treated equally. That is how <strong>the</strong> island’s name Tabitenea (which means ‘<strong>the</strong> chiefly system
is prohibited’) came about.
Of <strong>the</strong> three islands, this island most strictly observes custom. The record number <strong>of</strong> murder cases comes
from this island. From my personal observation and knowledge <strong>of</strong> custom women on this island have
been discriminated against more than on o<strong>the</strong>r islands.
The latest census (2000) shows <strong>the</strong> population <strong>of</strong> Kiribati was approximately 90,000 people. More than
50% are women. Today <strong>the</strong> population has increased to an estimated 100,000 people. The total number
<strong>of</strong> islands in Kiribati is 33. In most <strong>of</strong> <strong>the</strong>m you can stand in <strong>the</strong> middle <strong>of</strong> <strong>the</strong> island and see <strong>the</strong> lagoon
and ocean all around. Betio, a town at <strong>the</strong> nor<strong>the</strong>rn tip <strong>of</strong> <strong>the</strong> capital city Tarawa, is well known for
being over populated. The increasing population is one <strong>of</strong> <strong>the</strong> government’s major problems. In years
to come I can imagine an individual person being allocated a plot <strong>of</strong> land big enough to plant only
one coconut tree. What will happen to <strong>the</strong> women, who are <strong>of</strong>ten given smaller shares <strong>of</strong> land Possibly
<strong>the</strong>y will receive no share at all.
As a legal trainer I have several clients. I will present case studies <strong>of</strong> <strong>the</strong> issues <strong>the</strong> clients have brought:
Case Study 1 – A woman, widow, complained against her eldest bro<strong>the</strong>r for evicting her and her family
from <strong>the</strong> land he had given to her to live on. She and her family had built a brick house on <strong>the</strong> land,
but now she has to demolish it and vacate it.
Elements – Security <strong>of</strong> tenure and freedom from dispossession – <strong>the</strong> woman’s tenure was not secure
because her name was not yet registered and <strong>the</strong>re is a possibility that she could be evicted at any
time by <strong>the</strong> elder bro<strong>the</strong>r.
Affordability – She cannot afford to build ano<strong>the</strong>r house or meet expense (e.g. transportation costs, power
and electricity costs).
EXECUTIVE SUMMARY 183