General practise A state of public emergency can be proclaimed only when the country is at war or is in imminent danger of invasion or involvement in a state of war/ civil unrest, or there is breakdown or clear and present danger of an actual breakdown of public order and public safety, or there is an occurrence of any disaster or calamity. During such period, the President is permitted to make such regulations and take such measures that may appear to him necessary to secure public peace and security. Such measures include the detention of persons or restriction of the movement of persons, authorising the entering and search of any premises, and authorising the taking of possession or control on behalf of the government any property. Any regulation made under public emergency ceases to have effect ninety days from the date it came into operation. The Constitution further allows for individuals who do not conform to the regulations to be punished and those affected by it to be compensated or remunerated. One of the policies that the ONS has instituted is the Military Aid to Civil Authority (MACA) within which there is the provision for the Military Aid to Civil Power (MAC-P). This policy essentially allows the military to come out in support of the Police in instances when national security may be threatened and the Police feel that it needs extra support. Article 24 All peoples shall have the right to a general satisfactory environment favourable to their development. Legal framework Chapter II of the Constitution which embodies the fundamental principles of State policy provides for this. General practise The practise of this right is quite tedious as even the Constitution does not specifically detail it as a right to be guaranteed but is ambiguous. There are several policies which have unfolded in the pursuit of the enjoyment of this right. For the most part there is the political will to ensure this right; the Government’s Agenda for Change/ PRSP II which is in line with the United Nation’s Development Programme’s Millennium Development Goals. This Agenda has inspired development strategically. The Gross Domestic Product has reportedly increased by 51%. The sector of education has seen an increase in the enrolment of the girl child and an improvement in the turn out in public exams. The health sector has a new face as it programmes continue to better the life of the people especially the women and children. The justice sector continues to be overwhelmed with the influx of cases versus meagre infrastructure and benefits. The country itself is undergoing a phase of rebranding and infrastructural development. Above all, the Anti Corruption Commission continues as a trail blazer in ensuring that corruption is punished. There are several enactments that support the protection of this right in the protection of women, children and vulnerable groups; justice sector, education, labour, good governance and management of natural resources. Article 25 25

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