The 49th session of the Universal Periodic Review (UPR) Working Group of the United Nations Human Rights Council reviewed Kiribati’s human rights record on April 28, 2025, in Geneva. This marked the country’s fourth UPR cycle, with previous reviews in 2010, 2015, and 2020.
Progress and prosperous developments
In order to combat the effects of climate change and prevent and resolve issues of displacement connected to it, the United Nations High Commissioner for Refugees (UNHCR) applauds Kiribati’s persistent efforts to enlist the assistance of and collaborate with members of the international community, including States, multilateral organisations, and UN agencies.
Moreover, In order to spur action on climate change and related displacement issues at the national, regional, and international levels, Kiribati, along with other Pacific Island countries, has been a leading voice in multilateral fora like the UN General Assembly, the UN Climate Change Conference, and the Pacific Islands Forum. Kiribati has contributed to making climate change a major concern on the international agenda, with an emphasis on how and how much it affects the Pacific area.
According to UNHCR, Kiribati’s strategies to lessen and prepare for the effects of catastrophes and climate change depend heavily on its interactions with the international community. This involvement supports Kiribati’s continued efforts to address these urgent concerns and builds on the country’s prior initiatives to address climate change and displacement-related issues, such as the adoption of the Kiribati Climate Change Policy.
Kiribati will be in a better position to stop displacement from happening, offer efficient protective interventions for displaced individuals when necessary, and preserve the lives and means of subsistence of those affected as a result of these proactive partnerships, UNHCR stated.
Key main issues and challenges raised during the review by UNHCR
- Mitigating and decreasing risks of statelessness
Kiribati, as a signatory to both the 1954 and 1961 Statelessness Conventions, suffers from some gaps in the law that raise the probability of statelessness. These include discrimination based on gender in its nationality policy since foreign-born children of I-Kiribati women married to foreigners are not able to acquire citizenship in Kiribati. The legislation is also silent about foundlings, leaving stateless children vulnerable.
Non-I-Kiribati individuals who become citizens by naturalization or adoption can have their citizenship withdrawn on sweeping grounds, including breach of allegiance or the public interest, without safeguards in law like a judicial review. Also, persons can renounce their Kiribati citizenship without a guarantee of having gained another nationality, increasing the risk of statelessness. The heightened exposure of the country to climate change and natural disasters adds further fuel to these dangers, especially for displaced persons who can be excluded from protection and services by virtue of being stateless.
- Lack of national legislation and limited capacity among government stakeholders
Kiribati does not have national refugee law and has not yet fully harmonized international standards with regard to asylum seekers, refugees, and stateless people into its legal, policy, and operational systems.
Capacity development is also required of government agencies and stakeholders, including immigration officers, the police, and the judiciary, to properly understand and implement protections against statelessness and international protection needs. These gaps point to the negligible institutional capacity and capabilities to address statelessness issues and refugee protection at the national level.
- Non-accession and legal shortcomings
Kiribati has not ratified the 1951 Convention relating to the Status of Refugees, which has meant that it lacks a national legislative framework as a whole for the protection of refugees. Even though references are made to non-refoulement in immigration processes, the Immigration Act 2019 of Kiribati does not have express measures to avoid forcibly returning asylum-seekers and refugees, exposing them to removal from the nation.
This omission subverts compliance with a fundamental rule of international refugee law that constitutes also a binding principle of customary international law. The lack of institutional frameworks for refugee status determination and legal rules governing the stay of asylum-seekers illustrates the diminishing protection presently in place. These shortcomings limit the government’s capacity to manage refugee situations and foil involvement with international bodies tasked with the protection of refugees.
Recommendations
- Strengthening legal safeguards against statelessness
UNHCR suggests that the Government of Kiribati implement further legal protections against statelessness, especially for children born outside the country to I-Kiribati women, to bring it in line with international norms concerning non-discrimination nationality laws. It is further suggested that a clear definition of statelessness be incorporated into its citizenship law to achieve legal certainty and coherence. In addition, stateless persons at risk must be included in climate-related plans, such as national readiness schemes and policies to respond to the effects of climate change.
- Enhancing national frameworks and capacity building
In order to enhance protection mechanisms for refugees and stateless individuals, UNHCR suggests that Kiribati amend its national citizenship legislation and prepare special refugee laws. These should include international standards pertinent to asylum seekers, refugees, and stateless individuals. Capacity-building programs should also be conducted for government and non-government officials who work in immigration, law enforcement, and other related fields with UNHCR technical assistance to guarantee successful implementation and grasp of protection concepts.
- Advancing refugee protection commitment
UNHCR urges Kiribati to become a party to the 1951 Convention concerning the Status of Refugees and its 1967 Protocol in order to create a comprehensive legal basis for refugee protection. There should be national legislation enacted to explicitly ban refoulement—the deportation of asylum-seekers and refugees—while their protection claims are being processed. Additionally, there should be legal frameworks in place to regulate how asylum-seekers and refugees are to be treated according to the standards outlined in the 1951 Convention.
