a State of Emergency. Besides invasion, armed conflict with a foreign state, and natural disaster, two other causes may lawfully prompt the Cabinet to tender such advice. These include: (c) (d) that action has been taken or is immediately threatened by any person or group of persons of such a nature and on such a scale as to be likely: (i) to endanger the public safety; (ii) to deprive the community or a substantial portion of it of essential supplies or services; or (iii) to harm the national economy; that for some other reason a grave emergency exists whereby the security or 168 economic life of the state is threatened. Following the proclamation, the President may make regulations169 which may provide for inter alia: (d) the harvesting of crops, exploitation of minerals or any other economic activity. This section has given rise to comment since it was felt it could be used to stifle legitimate, if radical, trade union activities for instance in the sugar industry. It has not however been so used. The President is obliged to summon Parliament, if not sitting at the time, as soon as possible after making the proclamation. The proclamation remains in force for 3 months, though it may be extended by the House of Representatives. Section 187 of the Constitution allows for derogation from some of the rights set out in the Bill of Rights when a state of emergency is proclaimed.170 The following pieces of legislation are also relevant: • Suppression of Terrorism Decree 1991; • Civil Aviation (Security) Act 1994 (and the Civil Aviation Security Regulations 1994); • Mutual Assistance Act 1997; • Fiji Intelligence Service Decree 1990; and • Penal Code 1945 168 Emergency Powers Act, s2. Constitution of Fiji, s5, 170 Section 187 of the Constitution permits regulations to be made which may derogate from the rights and freedoms contained within the Bill of Rights including matters of personal liberty and detention (section 23); freedom from servitude and forced labour (section 24); freedom of expression (section 30); freedom of assembly (section 31); freedom of association (section 32); the right to form and join trade unions (section 32); freedom of 169 86