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
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