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Representatives, shall be repealed forthwith.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 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.
