NAURU

CONSTITUTION OF NAURU

ARTICLE 77

DECLARATION OF A STATE OF EMERGENCY

WHEREAS

A.	On 11 June 2010, being satisfied after 6 weeks and 14 sittings of Parliament since General Elections had been held on 24th April 2010 for Members of the 19th 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.

B.	The State of Emergency declared on 11 June 2010, having been declared when Parliament was not sitting, will lapse at the expiration of the Second day of July 2010, such date being the expiration of twenty-one days after the date of publication of the declaration.

C.	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 24th April 2010 and 19th June 2010, the latter occasion having been an election called under Emergency Powers.

D.	Despite extensive negotiations and attempts to reach a compromise since General Elections were held for Members of the 20th Parliament on the 19th of June, 2010, the 20th 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.

E.	Despite all the efforts that have been made to find a political resolution to enable the 20th 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.

F.	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. 

G.	In order for Presidential Order No.9 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.

H.	The situation has been reviewed by the President in Cabinet and having been satisfied, on the advice that I have received, that there continues to exist 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 7 days, whichever occurs sooner.

4.	This proclamation may be extended by further proclamations.

DECLARED at NAURU this Second day of July, 2010 at 7 pm.

H.E. Marcus Stephen, MP
PRESIDENT