The Government should clearly define which human rights can be restricted during a State of Emergency while ensuring fundamental rights remain protected, says Human Rights Commissioner Alefina Vuki.
Ms Vuki called for a review of Section 202 of the 2013 Constitution, which allows certain rights and freedoms under Chapter Two to be limited during a State of Emergency. She said the provision lacked clarity on which rights could be suspended and which must remain protected under all circumstances.
“The State of Emergency needs to ascertain very clearly the rights that emergency will suspend and the rights it will not suspend,” she said.
Ms Vuki said the right to life and protection from torture and inhuman treatment must remain protected. She said any restrictions on rights must be lawful, necessary, proportionate and use the least restrictive measures possible. Ms Vuki also called for the proposed 12-month timeframe for holding elections if Parliament’s term expired during a State of Emergency to be reduced to six months after the emergency ended.
“We are saying that should a situation arise in an emergency, and within that time frame of the emergency that Parliament ends, that should be amended so that when the emergency ends, Parliament has only six months. Within those six months to implement the elections. Not the 12 months.”
She said the proposed changes would provide greater clarity around emergency powers, strengthen human rights protections and ensure clear electoral timelines.
