English
1.
(a) The Council of Ministers of the Federal Government shall have the
power to decree a state of emergency, should an external invasion, a break
down of law and order which endangers the Constitutional order and
which cannot be controlled by the regular law enforcement agencies and
personnel, a natural disaster, or an epidemic occur.
(b) Sate executives can decree a State-Wide state of emergency should a
natural disaster or an epidemic occur. Particulars shall be determined in
State Constitutions to be promulgated in conformity with this Constitution.
2. A state of emergency declared in accordance with sub-Article 1(a) of this
Article:
(a) If declared when the House of Peoples’ Representatives is in session,
the decree shall be submitted to the House within forty-eight hours of
its declaration. The decree, if not approved by a two-thirds majority
vote of members of the House of Peoples' Representatives, shall be
repealed forthwith.
(b) Subject to the required vote of approval set out in
(a) of this sub-
Article, the decree declaring a state of emergency when the House of
PURL:
Peoples’ Representatives is not in session shall be submitted to it
within fifteen days of its adoption.
3. A state of emergency decreed by the Council of Ministers, if approved by
the House of Peoples’ Representatives, can remain in effect up to six
months. The House of Peoples’ Representatives may, by a two-thirds
majority vote, allow the state of emergency proclamation to be renewed
every four months successively.
4.
(a) When a state of emergency is declared, the Council of Ministers shall,
in accordance with regulations it issues, have all necessary power to
protect the country’s peace and sovereignty, and to maintain public
security, law and order.
(b) The Council of Ministers shall have the power to suspend such political
and democratic rights contained in this Constitution to the extent necessary
to avert the conditions that required the declaration of a state of
emergency.
(c) In the exercise of its emergency powers the Council of Ministers can
not, however, suspend or limit the rights provided for in Articles 1, 18, 25,
and sub-Articles 1 and 2 of Article 39 of this Constitution.
5. The House of Peoples’ Representatives, while declaring a state of
emergency, shall simultaneously establish a State of Emergency Inquiry
Board, comprising of seven persons to be chosen and assigned by the
House from among its members and from legal experts.
6. The State of Emergency Inquiry Board shall have the following powers
and responsibilities:
(a) To make public within one month the names of all individuals arrested
on account of the state of emergency together with the reasons for their
arrest.
(b) To inspect and follow up that no measure taken during the state of
emergency is inhumane.
(c) To recommend to the Prime Minister or to the Council of Ministers
corrective measures if it finds and case of inhumane treatment.
(d) To ensure the prosecution of perpetrators of inhumane acts.
(e) To submit its views to the House of Peoples’ Representatives on a
request to extend the duration of the state of emergency.
