THE Prime Minister can declare a state of emergency in Fiji if recommended by the commissioner of police and the commander of RFMF.
This is stated in the 2013 Constitution which was released by Attorney-General Aiyaz Sayed-Khaiyum last Thursday.
The new Constitution states a state of emergency can be declared by the Prime Minister 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.
It states 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 must, within 48 hours upon the making of the declaration, seek confirmation of the declaration from the members of the parliament through such measures of communication as necessary," the new Constitution states.
It further states if majority of the members of the 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.
"If majority of the members of parliament do not confirm the declaration by the Prime Minister, then the declaration and any actions taken under the declaration shall be deemed to be of no effect."