With discussions underway on whether Prime Minister, Sitiveni Rabuka should or should not declare a State of Emergency based on the current joint police and military operations dealing with the drug crisis, the question remains on whether this is necessary as the Police and the Republic of Fiji Military Force are successfully carrying their work.
Although no decision has been made, many people are wondering what happens during a State of Emergency and what effects it can have on the people and on the country as a whole.
Having a State of Emergency can result in the curtailing of selected rights of the members of the public, curfews can be imposed, movements can be restricted, large gatherings can be stopped that would affect upcoming events like the municipal elections, there can be arbitrary detentions, media freedom can be affected, and there can be an impact of business and tourism.
Under the Constitution, the Prime Minister may, on the recommendation of the Commissioner of Police and the Commander of the Republic of Fiji Military Forces, declare a State of Emergency in Fiji, or in a part of Fiji, and may make regulations relating to a State of Emergency, if there are reasonable grounds to believe that the security and safety of all or part of Fiji is threatened; and it is necessary to declare a State of Emergency to deal effectively with the threatening circumstances.
If the declaration of a State of Emergency is made when Parliament is sitting, the Prime Minister must, within 24 hours upon making the declaration, refer the declaration to Parliament for confirmation of the declaration.
If the declaration of a State of Emergency is made when Parliament is not sitting, the Speaker of Parliament must, within 48 hours upon the making of the declaration, seek confirmation of the declaration from the Members of Parliament through such measures of communication as necessary.
If a majority of the Members of Parliament confirm the declaration made by the Prime Minister, then the declaration shall continue for a period of one month from the date of confirmation, and may be renewed by a further vote in Parliament.
If a majority of the Members of Parliament do not confirm the declaration made by the Prime Minister, then the declaration and any actions taken under the declaration shall be deemed to be of no effect.
We have approached Police Commissioner, Rusiate Tudravu and Army Commander, Major General Jone Kalouniwai.
They are yet to respond.
The Prime Minister says he will act on their recommendation.
