Page:Vanuatu constitution.pdf/21



CONSTITUTION OF THE REPUBLIC OF VANUATU 68. Parliament to give effect to this Chapter

Parliament shall by law give effect to the principles of this Chapter.

69. Emergency regulations

The Council of Ministers may make regulations for dealing with a public emergency whenever–
 * (a) the Republic of Vanuatu is at war; or
 * (b) the President of the Republic acting on the advice of the Council of Ministers declares a state of emergency by reason of natural calamity or to prevent a threat to or to restore public order.

70. Period of and renewals of state of emergency

(1) When Parliament is in session a state of emergency declared under Article 69 shall cease to have effect at the end of 1 week unless approved by a resolution of Parliament supported by two-thirds of its members.

(2) When Parliament is not in session a state of emergency shall cease to have effect at the end of 2 weeks.

(3) Where a resolution has been passed in accordance with subarticle (1) the state of emergency approved by it shall remain in force for the period authorised by the resolution except that no such resolution may authorise a state of emergency for more than 3 months at one time.

(4) Parliament may meet whenever it decides during a state of emergency.

(5) Parliament may not be dissolved under Article 28(2) or 28(3) during a state of emergency. If the life of a Parliament ends in accordance with Article 28(1) during a state of emergency the former members of that Parliament may meet for the purpose only of considering the state of emergency until the new Parliament first meets.

(6) Parliament may at any time terminate a state of emergency by a resolution supported by an absolute majority of its members.

71. Effect of emergency regulations

(1) Subject to subarticle (2) regulations made by the Council of Ministers in accordance with Article 69 shall have effect notwithstanding the provisions of Chapter 2, Part I except that no regulation shall–
 * (a) derogate from the right to life and the freedom from inhuman treatment and forced labour; and
 * (b) make provision for the detention of a person without trial for more than 1 month

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