Chapter 13. State of Emergency
40
- Upon the occurrence of any urgent danger or natural or environmental disaster that threatens the unity of the country, or any part thereof, or its safety or economy, the Sovereignty Council may, pursuant to a request from the Cabinet, declare a state of emergency in the country or any part thereof, in accordance with this Constitutional Charter and the law.
- The declaration of a state of emergency shall be presented to the Transitional Legislative Council within fifteen days from the date of its issuance. If the Transitional Legislative Council is not in session, an emergency session shall be convened.
- Upon the Legislative Council’s ratification of the declaration of a state of emergency, all exceptional laws, orders and measures issued thereunder remain in force.
- The declaration of a state of emergency is extinguished if the Legislative Council does not ratify it, and all the measures taken thereunder are extinguished, without retroactive force.
- The powers of the Cabinet in a state of emergency: While the state of emergency is in effect, the Cabinet may take any measures which do not restrict, or partially repeal or limit the effects of provisions of this Charter. However, if the exceptional situation reaches the point that it threatens the safety of the nation, the Cabinet may, in consultation with the Sovereignty Council, suspend part of the Bill of Rights found in this Charter. However, it may not reduce the right to life, protection from enslavement or torture, or the principle of non-discrimination on the basis of race, gender, religious conviction, disability, or the right to litigate or the right to a fair trial.
