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Declaration of a State of Emergency 1 October 2010

CONSTITUTION OF NAURU

ARTICLE 77

DECLARATION OF A STATE OF EMERGENCY

WHEREAS

1. On 11 June 2010, being satisfied after 6 weeks and 14 sittings of Parliament since General Elections had been held on 24^th April 2010 for Members of the 19^th Parliament, that the inability of Parliament to consider any financial Bills and the essential need for supplementary appropriation constituted a grave threat to economy of Nauru, I declared a State of Emergency under Article 77 of the Constitution of Nauru.
   
2. In an attempt to end the political stalemate that has persisted in Nauru since March 2010 I have twice called General Elections, such elections having taken place on 24^th April 2010 and 19^th June 2010, the latter occasion having been an election called under Emergency Powers.
   

100. Despite extensive negotiations and attempts to reach a compromise since General Elections were held for Members of the 20^th Parliament on the 19^th of June, 2010, the 20^th Parliament has remained unable to progress to the election of the President due to the ongoing political stalemate. This has also resulted in the inability of the Parliament to entertain any other business, including any Appropriation or financial Bills.
     

4. Despite all the efforts that have been made to find a political resolution to enable the 20^th Parliament to progress, and despite agreement having been reached among a sufficient number of members on Tuesday 6 July to enable a President to be elected, the former Speaker of Parliament, Hon Aloysius Amwano, persistently breached the Constitution and the Standing Orders in order to prevent the House proceeding to the election of President. The former Speaker deliberately and needlessly prolonged the political stalemate from the time he assumed the Chair on 30 June until he was removed from the office of Speaker by Presidential Order 13 issued by me on 8 July.
   
5. Due to the ongoing political stalemate and the inability of Parliament to consider a Supply Bill, I issued on 30 June 2010 in exercise of my emergency powers a Presidential Order (Presidential Order No.9) for the purpose of meeting expenditure necessary to carry on the services of the Republic of Nauru after the commencement of the new financial year until Parliament is able to approve an appropriation law.
   
6. Because of the persistence of the grave threat to the economy of Nauru, and because the state of emergency declared by me on 11 June 2010, having been issued when Parliament was sitting, would have lapsed at midnight on 2 July 2010, I declared on 2 July 2010 a further state of emergency. The State of Emergency declared by me on 2 July 2010, having been declared when Parliament was sitting, would have lapsed at midnight on 9 July 2010.
   
7. In order to keep the emergency supply order (Presidential Order No.9) in force I declared a further state of emergency on 9 July 2010, which emergency, having been declared by me when Parliament was not sitting, would have lapsed at midnight on 30 July 2010.
   
8. In order to keep the emergency supply order (Presidential Order No.9) in force I declared a further state of emergency on 30 July 2010, which emergency, having been declared by me when Parliament was not sitting, would have lapsed at midnight on 20 August 2010.
   
9. In order to keep the emergency supply order (Presidential Order No.9) in force I declared a further state of emergency on 20 August 2010, which emergency, having been declared by me when Parliament was not sitting, would have lapsed at midnight on 10 September 2010.
   
10. In order to keep the emergency supply order (Presidential Order No.9) in force I declared a further state of emergency on 10 September 2010, which emergency, having been declared by me when Parliament was not sitting, would lapse at midnight tonight.
    
11. Because it has still not been possible to reach a compromise by which the Parliamentary stalemate would be resolved and Parliament would be able to consider an Appropriation Bill, and because the emergency supply order (Presidential Order No.9) provided for 3 months’ supply from 1 July to 30 September 2010, on 15 September 2010 I issued a further Presidential Order providing for supply to 31 December 2010 (Presidential Order No.20, which supersedes and revokes Presidential Order No.9).
    

50. In order for Presidential Order No.20 to remain in force, which is essential 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 Article 77(1) and 77(5) of the Constitution to make a further declaration of a State of Emergency.
    

13. Having kept the situation under constant review, and being satisfied, on the advice that I have received, that there continues to exist a grave emergency whereby the economy of Nauru is threatened;
    

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 BRISBANE this 1^st day of October, 2010 at 7:00am.

H.E. Marcus Stephen, MP
PRESIDENT