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Declaration of a State of Emergency 11 June 2010

NAURU

CONSTITUTION OF NAURU

ARTICLE 77

DECLARATION OF A STATE OF EMERGENCY

WHEREAS

1. Despite 6 weeks and 14 sittings of Parliament since General Elections were held for Members of the 19th Parliament on the 24th of April, 2010, the 19th Parliament has remained unable to progress to the election of the President due to an ongoing political stalemate. This has also resulted in the inability of the Parliament to entertain any other business, including any Appropriation or financial Bills.
   
2. Despite all the efforts that have been made to find a political resolution to enable the 19th Parliament to progress, I am now convinced that whilst a political resolution would be desirable, unfortunately the political stalemate cannot be broken and would otherwise persist.
   

100. I have received advice that Appropriation limits have been reached across a number of sectors and therefore Government no longer has the legal authority to effect payment to maintain all of government’s functions. Nauru cannot function without the legal authority for Government to fund these essential needs. The consequences for the economy of Nauru, the welfare of our people, Nauru’s social stability and its international standing will be severe.
     

4. As a consequence of the ongoing political deadlock and Parliament’s inability to consider and vote on any appropriation bills, the only feasible option available to government to ensure the functions of government, the welfare of our people and social stability, is to exercise the authority available to me under Constitutional Emergency Powers.
   
5. The situation has been reviewed by the President in Cabinet and having been satisfied, on the advice that I have received, that there now exists a grave threat to the economy of the Republic;
   

NOW THEREFORE, in accordance with Article 77 of the Constitution of Nauru, I, MARCUS STEPHEN, President of the Republic of Nauru, publicly PROCLAIM as follows:

1. A State of Emergency exists in Nauru.
   
2. That the Constitution of the Republic of Nauru shall remain in place, except for those Articles of the Constitution specifically excluded from application and operation by Presidential Order made under Part IX of the Constitution.
   
3. This Proclamation shall come in to force at once and will lapse upon the election by Parliament of a President, or after 21 days, whichever occurs sooner.
   
4. This proclamation may be extended by further proclamations.
   

DECLARED at NAURU this Eleventh day of June, 2010 at one o’clock in the afternoon.

H.E. Marcus Stephen, MP
PRESIDENT