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State of emergency

(Redirected fromState of siege)
"State of siege" redirects here. For the 1972 film, seeState of Siege.
"Emergency declaration" redirects here. For the 2021 film, seeEmergency Declaration (film).

Astate of emergency is a situation in which a government is empowered to put through policies that it would normally not be permitted to do, for the safety and protection of its citizens. A government can declare such a state before, during, or after anatural disaster,civil unrest,armed conflict, medicalpandemic orepidemic or otherbiosecurity risk.

Members of theRoyal Malay Regiment during theMalayan Emergency in 1949, inspecting equipment captured in a raid

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Relationship with international law

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Underinternational law, rights and freedoms may be suspended during a state of emergency, depending on the severity of theemergency and a government's policies.[1]

Use and viewpoints

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Democracies use states of emergency to manage a range of situations from extreme weather events to public order situations.Dictatorial regimes often declare a state of emergency that is prolonged indefinitely for the life of the regime, or for extended periods of time so that derogations can be used to overridehuman rights of their citizens usually protected by theInternational Covenant on Civil and Political Rights (ICCPR).[2] In some situations,martial law is also declared, allowing themilitary greater authority to act. In other situations, emergency is not declared and de facto measures taken or decree-law adopted by the government.Nicole Questiaux (France) andLeandro Despouy (Argentina), two consecutiveUnited Nations Special Rapporteurs, have recommended to the international community to adopt the following "principles" to be observed during a state or de facto situation of emergency: Principles of Legality, Proclamation, Notification, Time Limitation, Exceptional Threat, Proportionality, Non-Discrimination, Compatibility, Concordance and Complementarity of the Various Norms of International Law (cf. "Question of Human Rights and State of Emergency", E/CN.4/Sub.2/1997/19, at Chapter II; see alsoétat d'exception).

Article 4 to theICCPR, permits states toderogate from certain rights guaranteed by the ICCPR in "time of public emergency". Any measures derogating from obligations under the Covenant, however, must be to only the extent required by the exigencies of the situation, and must be announced by the State Party to theSecretary-General of the United Nations. TheEuropean Convention on Human Rights[3] andAmerican Convention on Human Rights[4] have similar derogatory provisions. No derogation is permitted to theInternational Labour Conventions.

Some, such aspolitical theorist andNazi Party memberCarl Schmitt, have argued that thepower to decide the initiation of the state of emergency definessovereignty itself. InState of Exception (2005),Giorgio Agamben criticized this idea, arguing that the mechanism of the state of emergency deprives certain people of theircivil and political rights, producing his interpretation ofhomo sacer.[5]

Graduation

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In manydemocratic states there are a selection oflegal definitions for specific states of emergency,[6] when theconstitution of theState is partially in abeyance depending on the nature of the perceived threat to thegeneral public. In order of severity these may include:

Abuse

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The state of emergency can be abused by being invoked. An example would be to allow a state to suppress internal opposition without having to respecthuman rights. An example was theAugust 1991 attempted coup in theSoviet Union (USSR) where the coup leaders invoked a state of emergency; the failure of the coup led to thedissolution of the Soviet Union.

Derogations by states having ratified or acceded to binding international agreements such as theICCPR, theAmerican andEuropean Conventions on Human Rights and the International Labor Conventions are monitored by independent expert committees, regional Courts and other State Parties.[7]

Law in selected countries

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Albania

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TheConstitution of Albania grants only theParliament of Albania the power to declare a state of emergency, based on the advice of thegovernment. The state of emergency can last for up to 60 days, and may be extended by the parliament for no more than 90 days.

TheAlbanian Armed Forces are only permitted to intervene if thecivil police have been unable to restore order. During a state of emergency, articles 15 (inviolability of constitutional rights), 18 (equality before the law), 19 (right to citizenship), 20 (protection of minority rights), 21 (right to life), 24 (freedom of conscience and religion), 25 (right to not be subjected to torture, cruel, inhuman or degrading punishment or treatment), 29 (prohibition ofex post facto law), 30 (innocence before being proven guilty), 32 (rights during a criminal proceeding[8]), 32 (self-incrimination), 34 (double jeopardy), 39.1 (prohibition of expulsion ofnationals), 41 (right to property and related rights), 42 (due process clause), 43 (right to appeal), 48 (right to complain to public bodies), 54 (special protection of children, pregnant women, and new mothers), and 55 (right to healthcare from the state and equality of health services) of the constitution may not be limited.

If a natural disaster is declared, articles 37 (inviolability of the residence), 38 (right to choose residence), 41.4 (right to fair compensation for expropriation), 49 (right to freely choose your profession), 51 (right tostrike) may be limited. The state of a natural disaster is distinct from that of a national emergency.

During a state of emergency, the parliament may not be dissolved, a newpresident may not be elected, elections for local government bodies or referendums may not be held, and the Constitution, the electoral code, and the extraordinary measures law may not be changed. The constitution requiresproportionality with regards to the level of risk and requires the government to work to re-establish the conditions for the normal functioning of the state as soon as possible.

Argentina

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TheConstitution of Argentina, which has been amended several times, has always allowed for a state of emergency (literallyestado de sitio, "state of siege"), to be declared if the constitution or the authorities it creates are endangered by internal unrest or foreign attack. This provision was much abused during dictatorships, with long-lasting states of siege giving the government a free hand to suppress opposition.[9] TheAmerican Convention on Human Rights (Pacto de San José de Costa Rica), adopted in 1969 but ratified by Argentina only in 1984 immediately after the end of theNational Reorganization Process, restricts abuse of the state of emergency by requiring any signatory nation declaring such a state to inform the other signatories of its circumstances and duration, and what rights are affected.

Australia

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State-of-emergency legislation differs in each state of Australia. With regard to emergency management, regions (usually on alocal government area basis) that have been affected by anatural disaster are the responsibility of the state, until that state declares a State of Emergency where access to the Federal Emergency Fund becomes available to help respond to and recover from natural disasters. A State of Emergency does not apply to the whole state, but ratherdistricts orshires, where essential services may have been disrupted.[10]

On 18 March 2020,[11] a nationwide human biosecurity emergency was declared in Australia owing to the risks to human health posed by thecoronavirus (COVID-19) pandemic, after theNational Security Committee met the previous day. TheBiosecurity Act 2015[12] specifies that thegovernor-general of Australia may declare such an emergency if theHealth Minister is satisfied that "a listed human disease is posing a severe and immediate threat, or is causing harm, to human health on a nationally significant scale". This gives the Minister sweeping powers, including imposing restrictions or preventing the movement of people and goods between specified places, andevacuations.[13] TheBiosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) Declaration 2020 was declared by the Governor-General,David Hurley, under Section 475 of the Act.[11]

New South Wales

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InNew South Wales, theNSW Premier can, pursuant to theState Emergency and Rescue Management Act 1989, declare a state of emergency due to an actual or imminent occurrence (such as fire, flood, storm, earthquake, explosion, terrorist act, accident, epidemic or warlike action) which endangers, or threatens to endanger, the safety or health of persons or animals in the State, or destroys or damages, or threatens to destroy or damage, property in the State, or causes a failure of, or a significant disruption to, an essential service or infrastructure.[14] The Premier declared a state of emergency on 11 November 2019 in response to the2019–2020 New South Wales bushfires. It was the fifth time that a state of emergency had been declared in that state since 2006 and it lasted for seven days. Subsequent declarations were made on 19 December for a further seven days, and again on 2 January 2020. In NSW, the2019–2020 bushfire season resulted in 26 deaths, destroyed 2,448 homes, and burnt 5.5 million hectares (14 million acres).[15][16]

Victoria

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InVictoria, theVictorian Premier can declare astate of emergency under thePublic Safety Preservation Act 1958[17] if there is a threat to employment, safety or public order.[18] A declared state of emergency allows the Premier to immediately make any desired regulations to secure public order and safety. The declaration expires after 30 days, and a resolution of either the upper or lower House ofParliament may revoke it earlier. However, these regulations expire ifParliament does not agree to continue them within seven days.

The Premier (or a delegate) may operate or prohibit operation of anyessential service, such as transport, fuel, power, water or gas, under theEssential Services Act 1958.[19][20]

If there is an emergency which the Premier, after considering the advice of the relevant Minister and theEmergency Management Commissioner, is satisfied constitutes or is likely to constitute a significant and widespread danger to life or property in Victoria, the Premier, pursuant to theEmergency Management Act 1986, may declare astate of disaster to exist in the whole or in any part or parts of the State.[21] The state of disaster addresses matters beyond public health issues and is intended to deal with emergencies such as natural disasters, explosions, terrorism or sieges, and it can also be used to deal with 'a plague or an epidemic'.[22]

ThePublic Health and Wellbeing Act 2008 gives the Chief Health Officer extensive powers to take action 'to investigate, eliminate or reduce public health risks', including power to detain, restrict the movement of or prevent entry of any person in the emergency area, "and to give any other direction that the authorized officer considers is reasonably necessary to protect public health."[23]

Brazil

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The currentconstitution of Brazil[24] allows thepresident to declare two states, in order to "preserve or establish peace and order, threatened by grave and imminent institutional instability or severe natural disasters".

The first, and less severe state is thestate of defense (estado de defesa, in Portuguese), while a more severe form is thestate of siege (estado de sítio).

In astate of defense, the federal government can occupy and use any public building or demand any service as it sees fit. It may suppresssecrecy of correspondence andfreedom of assembly as necessary, as long as it specifies a defined region and time period.

If president finds thestate of defense insufficient, it might decree astate of siege. This state further reducescivil liberties, removingfreedom of movement, allowing for search without consent or warrant, andseizure of any assets the government deems necessary. The government may also intervene and direct the function of any company.

To balance this far-reaching powers, theNational Congress of Brazil has to convene and approve the state in ten days or it is automatically cancelled. Further, the state of siege has to be revised by the congress every 30 days, unless it was raised as response to a war, in which case the government is free to set it to last until the end of the war.

Since the end of themilitary dictatorship in 1985, and the formation of thesixth Brazilian Republic, neither state has ever been raised.

Canada

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Thefederal government of Canada can use theEmergencies Act to invoke a state of emergency. A national state of emergency automatically expires after 90 days, unless extended by theGovernor-in-Council.[25] There are different levels of emergencies: Public Welfare Emergency, Public Order Emergency, International Emergency, and War Emergency.[26]

The Emergencies Act replaced theWar Measures Act in 1988. The War Measures Act was invoked three times in Canadian history, most controversially by Prime MinisterPierre Trudeau during the 1970October Crisis, and also by Prime MinisterRobert Borden duringWorld War I (from 1914 to 1920, against threat of Communism during theRevolutions of 1917–1923) and by Prime MinisterWilliam Lyon Mackenzie King duringWorld War II (from 1942 to 1945, against perceived threat fromJapanese Canadians followingImperial Japan'sattack on Pearl Harbor).

Under the current Emergency Act a state of emergency can also be declared by provincial, territorial, and municipal governments.[27] In addition Canada's federal government and any of its provincial governments can suspend, for five years at a time,Charter rights to fundamental freedoms in section 2, to legal rights in sections 7 through 14, and to equality rights in section 15 by legislation which invokesthe notwithstanding clause, section 33, and therefore emergency powers can effectively be created even without using the Emergency Act.

Provincial governments can also invokestates of emergency, and have done to respond to at least 12 incidents during the 21st century.[citation needed]

The first usage of the Emergencies Act was invoked by Prime MinisterJustin Trudeau on 14 February 2022 in response to theFreedom Convoy 2022 protests that occupied the capital ofOttawa. TheCanadian House of Commons voted to approve the invocation 185–151 with support from theLiberal Party and theNew Democratic Party and opposition from theConservative Party and theBloc Québécois.[28] Prime Minister Trudeau previously considered invoking it at the beginning of theCOVID-19 pandemic in April 2020, but faced unanimous disapproval from all thirteenprovincial and territorial premiers at theCouncil of the Federation.[29][30]

Egypt

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Egyptians lived under an Emergency Law (Law No. 162 of 1958)[31] from 1967 to 2012, except for an 18-month break in 1980 and 1981. The emergency was imposed during theSix-Day War, and reimposed following theassassination of PresidentAnwar Sadat. The law was continuously extended every three years since 1981. Under the law, police powers were extended, constitutional rights suspended andcensorship was legalized.[32] The law sharply circumscribed any non-governmental political activity:street demonstrations, non-approved political organizations, and unregistered financial donations were formally banned. Some 17,000 people were detained under the law, and estimates ofpolitical prisoners run as high as 30,000.[33] The emergency rule expired on 31 May 2012, and was put back in place in January 2013.[34][35]

Following the2013 coup d'état, the Egyptian interim president announced a one-month state of emergency across the country on 14 August 2013 and ordered theEgyptian Armed Forces to help the Interior Ministry enforce security.[36] The announcement made on state TV followeddeadly countrywide clashes between supporters of deposed PresidentMohamed Morsi and the security forces.[37]

Ethiopia

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A six-month state of emergency was issued by the Ethiopian government on 2 November 2021, following the rebel advance during theTigray war, which went into effect 5 November 2021.

France

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State of emergency inParis, November 2015

Three main provisions concern various kind of "state of emergency" in France: Article 16 of theConstitution of 1958 allows, in time of crisis, "extraordinary powers" to the president. Article 36 of the same constitution regulates "state of siege" (état de siège). Finally, the Act of 3 April 1955 allows the proclamation, by the Council of Ministers, of the "state of emergency" (état d'urgence).[38] The distinction between article 16 and the 1955 Act concerns mainly the distribution of powers: whereas in article 16, the executive power basically suspend the regular procedures of the Republic, the 1955 Act permits a twelve-day state of emergency, after which a new law extending the emergency must be voted by theParliament of France. These dispositions have been used at various times: three times during theAlgerian War (in 1955, 1958 and 1961), in 1984 during violent pro-independence revolts inNew Caledonia, during the2005 riots, and following the2015 Paris terrorist attacks. Since then, 9 years later on 15 May 2024, deadly riots have prompted France to declare a state of emergency in New Caledonia.

Germany

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TheWeimar Constitution (1919–1933)[39] allowed states of emergency underArticle 48 to deal with rebellions. Article 48 was often invoked during the 14-year life of theWeimar Republic, sometimes for no reason other than to allow the government to act when it was unable to obtain aparliamentary majority.

After 27 February 1933,Reichstag fire, an attack blamed on thecommunists,Adolf Hitler declared a state of emergency using Article 48, and then had PresidentPaul von Hindenburg sign theReichstag Fire Decree, which suspended some of the basiccivil liberties provided by theWeimar Constitution (such ashabeas corpus,freedom of expression,freedom of the speech, thefreedom to assemble or the privacy of communications) for the whole duration of theThird Reich.[40] On 23 March, the Reichstag enacted theEnabling Act of 1933 with the required two-thirds majority, which enabled Chancellor Adolf Hitler and his cabinet to enact laws without legislative participation. The Weimar Constitution was never actually repealed byNazi Germany, but it effectively became inoperable after the passage of the Enabling Act.[41] These two laws implemented theGleichschaltung, the Nazis' institution oftotalitarianism.

In the postwarFederal Republic of Germany theEmergency Acts state that some of the basic constitutional rights of theBasic Law may be limited in case of aState of Defence, a state of tension, or an internal state of emergency or disaster (catastrophe). These amendments to the constitution were passed on 30 May 1968, despite fierce opposition by the so-calledextra-parliamentary opposition (seeGerman student movement for details).

Hong Kong SAR (China)

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During a state of war or turmoil which threatens national security or unity, and which theStanding Committee of the National People's Congress believes is beyond the control of the local government, the Standing Committee can invoke Article 18 of theHong Kong Basic Law and declare a "State of Emergency" in Hong Kong; thus, theCentral People's Government can selectively implementnational laws not normally allowed in Hong Kong.[42] Deployment of troops from thePeople's Liberation Army Hong Kong Garrison under the "Law of the People's Republic of China on Garrisoning the Hong Kong Special Administrative Region" can happen.[43]

TheChief Executive of Hong Kong along with theExecutive Council can prohibit public gatherings, issuecurfew orders, prohibit the movement of vessels or aircraft, delegate authority, and other listed powers, under "Cap. 245 Public Order Ordinance".[44]

Although thePeople's Liberation Army Hong Kong Garrison may not interfere in internal Hong Kong affairs, the Hong Kong Special Administrative Region Government may invoke Article 14 of the Hong Kong Basic Law and request permission of the Central People's Government to have the garrison assist in "maintenance of public order or disaster relief".[42]

Since 1997, a State of Emergency has never been declared. However, emergency measures have been used in varying degrees over the years during British rule and after the establishment of the Special Administrative Region. A few notable mentions are as follow:

On 4 October 2019,Carrie Lam, the Chief Executive of Hong Kong S.A.R., invoked Section 2(1) of theEmergency Regulations Ordinance[45] implemented since 1922 and last amended by the Legislative Council in 1999, which allow the government to implement the new,Prohibition on Face Covering Regulation.[46] The new regulation forbid public assembly participants from wearing masks or obscure faces during such events without reasonable excuses. The permitted excuses are: pre-existing medical or health reasons, religious reasons, and if the person uses the face covering for physical safety while performing an activity connected with their profession or employment. Any person defying the new regulation face possible criminal prosecution. The government's motive in doing so is to end months of social unrest and riots, however, did not declare a "State of Emergency". The new regulation took effect at 00:00 HKT on 5 October 2019.[47] Offenders risked a maximum of one-year imprisonment or a fine of HK$25,000 (US$3,200).[48]

TheHigh Court of Hong Kong denied an application for a judicial injunction of the anti-mask law, on the same night shortly before the new regulation took effect. A subsequent attempt bypro-democrats to halt the new regulation also failed, however, the court recommended a judicial review at a later date.[49]

On 18 November 2019, the High Court ruled the "Cap. 241 Emergency Regulations Ordinance" is "incompatible with the Basic Law", however, the court "leaves open the question of the constitutionality of the ERO insofar as it relates to any occasion of emergency." The court also held the ordinance meets the "prescribed by law" requirement. However, the court deemed s3(1)(b), (c), (d) and s5 of the regulation do not meet the proportionality test as they impose restrictions on fundamental rights that goes beyond what is necessary in furthering its intended goals.[50]

On 22 November 2019, the High Court made the following remark:

Nevertheless, we recognize that our Judgment is only a judgment at first instance, and will soon be subject to an appeal to the Court of Appeal. In view of the great public importance of the issues raised in this case, and the highly exceptional circumstances that Hong Kong is currently facing, we consider it right that we should grant a short interim suspension order so that the respondents may have an opportunity to apply to the Court of Appeal, if so advised, for such interim relief as may be appropriate. Accordingly, we shall grant an interim temporary suspension order to postpone the coming into operation of the declarations of invalidity for a period of 7 days up to the end of 29 November 2019, with liberty to apply.[51][52]

On 26 November 2019, the High Court announced hearing for the government appeal against the judgement is on 9 January 2020.[53]

On 27 November 2019, the Court of Appeal extended the interim suspension of the judgment until 10 December 2019.[54][55]

On 10 December 2019, the Court of Appeal refused to suspend the "unconstitutional" ruling by the Court of First Instance on the anti-mask regulation. As scheduled, a full hearing will commence on 9 January 2020.[56][57][58]

On 21 December 2020, the Court of Final Appeal ruled that the prohibition on the use of face coverings at public gatherings, regardless of legality, was constitutional.[59]

Hungary

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This section needs to beupdated. Please help update this article to reflect recent events or newly available information.(April 2020)

According to theHungarian Constitution, theNational Assembly of Hungary can declare state of emergency in case of armed rebellion or natural or industrial disaster. It expires after 30 days, but can be extended. Most civil rights can be suspended, but basic human rights (such as the right to life, the ban of torture, and freedom of religion) cannot.

During state of emergency, the Parliament cannot be disbanded.

Iceland

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TheIcelandic constitution provides no mechanism for the declaration of war, martial law nor state of emergency.[citation needed]

India

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The State of Emergency can be proclaimed by thePresident of India, when they perceive grave threats to the nation, albeit through the advice of theUnion Council of Ministers. Part XVIII of theConstitution of India gives the President the power to overrule many provisions, including the ones guaranteeingfundamental rights to thecitizens of India

In India, a state of emergency was declared twice:

  1. Between 26 October 1962 to 10 January 1968 during theSino-Indian War—the security of India having been declared "threatened by external aggression".[60]
  2. Between 3 December 1971 to 21 March 1977 originally proclaimed during theIndo-Pakistani War, and later extended on 25 June 1975, along with the third proclamation—the security of India having been declared "threatened by external aggression" and by "internal disturbances".

The first internal State of Emergency, popularly known asthe Emergency, was declared by the then PresidentFakhruddin Ali Ahmed on advice of then Prime Minister,Indira Gandhi. The provisions of the Constitution allows the Prime Minister to rule bydecree.

Ireland

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InIreland declaring a state of "national emergency" involves Article 28.3.3° of the 1937Constitution of Ireland, which states that:[61]

Nothing in this Constitution [...] shall be invoked to invalidate any law enacted by the Oireachtas [parliament] which is expressed to be for the purpose of securing the public safety and the preservation of the State in time of war or armed rebellion, or to nullify any act done or purporting to be done in time of war or armed rebellion in pursuance of any such law.

In addition, during a "war or armed rebellion",military tribunals may try civilians,[62] and theDefence Forces are not bound byhabeas corpus.[63]

TheFirst Amendment of the Constitution of 1939 allows an emergency to be declared during wars in which the state is anon-belligerent, subject toresolutions by the houses of theOireachtas.[64] By the2nd Amendment of 1941, an emergency ends, not automatically when the war does, but only by Oireachtas resolutions.[65] The21st Amendment of 2002 prevents thereintroduction of capital punishment during an emergency.[66]

The first amendment was rushed through the Oireachtas after the outbreak of theSecond World War, in whichthe state remained neutral. Immediately after, the required resolution was passed, in turn enabling the passage of theEmergency Powers Act 1939 (EPA), which granted thegovernment and its ministers sweeping powers to issuestatutory orders termed "Emergency Powers Orders" (EPOs).[67][68] (The period in Ireland was and is referred to as "The Emergency".) The EPA expired in 1946, although some EPOs were continued under the Supplies and Services (Temporary Provisions) Act 1946 until as late as 1957.[69][70]Rationing continued until 1951.

The 1939 state of emergency was not formally ended until a 1976 resolution, which also declared a new state of emergency in relation tothe Troubles inNorthern Ireland and in particular the recent assassination of the British ambassador to Ireland,Christopher Ewart Biggs.[71] The Emergency Powers Act 1976 was then passed to increase theGarda Síochána powers to arrest, detain, and question those suspected ofoffences against the state.[72] PresidentCearbhall Ó Dálaigh referred the bill underArticle 26 of the Constitution to theSupreme Court, which upheld its constitutionality.[73] The referral was condemned by ministerPaddy Donegan as a "thundering disgrace", causing Ó Dálaigh to resign in protest. The 1976 EPA expired after one year, but the state of emergency persisted until 1995, when as part of theNorthern Ireland peace process it was rescinded as a "confidence building measure" to satisfyphysical force republicans after theProvisional IRA's 1994 ceasefire.[74]

TheOffences against the State Act does not require a state of emergency under Article 28.3.3°.[75][76] Part V of the Act, which provides for a non-jurySpecial Criminal Court (SCC), is permitted under Article 38.3.1°.[77][78] Part V is activated by a declaration from the government that it is "necessary to secure the preservation of public peace and order", and it can be rescinded by vote ofDáil Éireann. Provision forinternment is similarly activated and rescinded (originally by Part VI of the 1939 act, later by Part II of a 1940 amending act).[75][79][80] Parts V and VI were both activated during the Second World War and the IRA's late 1950sBorder Campaign; Part V has been continually active since 1972.[81][82]

Several official reviews of the Constitution and the Offences Against the State Acts have recommended a time limit within which the operation of Article 28.3.3° or Article 38.3.1° must either be explicitly renewed by resolution or else lapse.[83][84][85]

Israel

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TheIsraeli state of emergency, authorized by theEmergency Defence Regulations, is older than the state itself, having been passed under theBritish Mandate for Palestine in 1945. A repeal was briefly considered in 1967 but cancelled following theSix-Day War. The regulations allow Israel, throughits military, to control movements and prosecute suspected terrorists inoccupied territories, and to censor publications that are deemed prejudicial to national defense.[citation needed]

Italy

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In Italy, the state of emergency planned by the legal system is implemented by theCouncil of Ministers, without the need of a parliamentary vote, due to the Law n. 225 of 1992 onCivil Protection.[86] Moreover, the Article 120 of theConstitution provides that the government can exercise "substitute powers" of local authorities in typically situations: to protect the legal or economic unity of the state, in case of violation of supranational laws and to face a serious danger for safety and public safety.[87] For other emergency, such as awar, a parliamentary vote is required to give extraordinary powers to the government.[88]

TheParliament of Italy can also give extraordinary powers to the government in case of health emergency, as it occurred during theCOVID-19 pandemic in 2020, when the Parliament approved a state of emergency from 31 January 2020 to 31 December 2021, thanks to what the government can implement administrative acts, without the approval of the Parliament.[89]

Macau SAR (China)

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TheStanding Committee of the National People's Congress can declare a state of emergency and deploy troops from thePeople's Liberation Army Macau Garrison under the Article 14 ofMacau's Basic Law on the defence of theMacau Special Administrative Region.

Since 1999 no emergency measure have been enacted. Prior to 1999 emergency measures have been used for 1 major incident:

Malaysia

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InMalaysia, if theYang di-Pertuan Agong (Monarch) is satisfied that a grave emergency exists whereby the security, or the economic life, or public order in the Federation or any part thereof is threatened, he may issue a Proclamation of Emergency making therein a declaration to that effect.[90]

A state of emergency was declared by the then-colonial government of Britain from 1948 until 1960 to deal with aninsurgency ofcommunists led byChin Peng.

States of emergency were also declared during theKonfrontasi in 1962, the1966 Sarawak constitutional crisis and the1977 Kelantan Emergency.

When arace riot broke out on 13 May 1969, a state of emergency was declared.

Amidsevere haze on 11 August 2005, a state of emergency was announced for the world's 13th-largestport,Port Klang and thedistrict ofKuala Selangor after air pollution there reached dangerous levels (defined as a value greater than 500 on theAir Pollution Index or API).

Thierry Rommel, theEuropean Commission's envoy to Malaysia, toldReuters by telephone on 13 November 2007 (the last day of his mission) that, "Today, this country still lives under (a state of) emergency."[91] Although not officially proclaimed as a state of emergency, the Emergency Ordinance and the Internal Security Act had allowed detention for years without trial.

On 23 June 2013, a state of emergency was declared by government for Muar and Ledang, Johor as severeSoutheast Asian haze that pushed the air pollution index to above 750. This was the first time in years that air quality had dipped to a hazardous level with conditions worsening as dry weather persisted and fires raged in Sumatra.[92]

On 12 January 2021, anationwide state of emergency was declared by theYang di-Pertuan AgongAbdullah of Pahang in response to theCOVID-19 pandemic in Malaysia, at the request of Prime MinisterMuhyiddin Yassin. The state of emergency is planned to end on 1 August 2021. The declaration included the suspension ofparliament andelections, and came amidpolitical instability.[93] On 25 February 2021, Yang di-Pertuan Agong announced that the parliament can be convened during the state of emergency.[94][needs update]

Maldives

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A state of emergency was declared on 26 December 2004, following the2004 Indian Ocean Earthquake and Tsunami. The resulting tsunamis caused extensive damage to the country's infrastructure, cutting off communications from large swathes of the nation, decimating islands and forcing the closure of a number of resorts due to the damage.

On 5 February 2018, a state of emergency was declared by Maldives's PresidentAbdulla Yameen for 15 days and ordered security forces into theSupreme Court of the Maldives and arrested former presidentMaumoon Abdul Gayoom and theChief Justice of the Maldives.[95]

Namibia

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Namibia last declared a state of emergency due to an ongoingdrought in 2016.[96]

New Zealand

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TheCivil Defence Emergency Management Act 2002 gives theNew Zealand Government andlocal-body councils the power to issue a state of emergency, either over the entire country or within a specificregion.[97] This may suspend ordinary work and essential services if need be. States of emergency in New Zealand expire on the commencement of the seventh day after the date of a declaration unless extended. However, theMinister of Civil Defence or alocal mayor may lift a state of emergency after an initial review of a region's status.

  • In 1951, theFirst National Government issued emergency regulations in response to that year'swaterfront dispute.[98]
  • On 23 February 2011 at 11.28 am the Minister of Civil DefenceJohn Carter declared the first state of national emergency (for a civil-defence emergency) in New Zealand's history in response to the 22 February2011 Christchurch earthquake.[99] A local state of emergency was declared by mayors ofChristchurch City,Selwyn District andWaimakariri District following 4 September2010 Canterbury earthquake.[100]
  • On 25 March 2020 at 12.21 pm, the Minister for Civil DefensePeeni Henare declared a state of national emergency in response to the total cases ofCOVID-19 reaching 205. Combined with an epidemic notice issued under the Epidemic Preparedness Act 2006, the state of emergency declaration enabled authorities to close most premises in New Zealand and enforce anationwide lockdown. This also provided access to special powers to combatCOVID-19, including powers of requisition and closing roads and restricting movement. Director of Civil Defence Emergency ManagementSarah Stuart-Black said these powers sat alongside other powers to ensure essential services could stay up and running.[101] The state of national emergency was renewed four times, to last for a total of five weeks.[102]
  • On 14 February 2023 at 8:43 am, the Minister for Civil DefenseKieran McAnulty declared a state of national emergency in response toCyclone Gabrielle reaching New Zealand and causing flooding and evacuations.[103][104]

Nigeria

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In Nigeria, a state of emergency is usually declared in times of great civil unrest. In recent years, it has specifically been implemented in reaction to terrorist attacks on Nigerians by theIslamic terrorist groupBoko Haram.

On 14 May 2013,Goodluck Jonathan declared a state of emergency for the entire northeastern states ofBorno,Yobe andAdamawa.[105] A more limited state of emergency had been declared on 31 December 2011 in parts of Yobe, Borno,Plateau andNiger states. This earlier declaration included the temporary shutdown of the international borders in those regions.[106]

Pakistan

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In Pakistan, a state of emergency was declared five times in its history:

The first three were regarded as the imposition of direct martial law.

Philippines

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There are several situations that calls for various levels of government action in the Philippines. Theconstitution alludes to these:

These are not specified in the constitution, but were nevertheless declared at least once:

Portugal

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Letter from the Portuguese President,Marcelo Rebelo de Sousa, to the Speaker of the Assembly of the Republic,Eduardo Ferro Rodrigues, requesting Parliament for authorisation under the terms of the Constitution, for a declaration of the state of emergency in the context of the2020 COVID-19 pandemic

The currentConstitution of Portugal empowers thePresident of the Republic[107] to declare a state of siege (Portuguese:estado de sítio) or a state of emergency (Portuguese:estado de emergência) in part or the entirety of the Portuguese territory, only in cases of actual or imminent aggression by foreign forces, serious threats to or disturbances of the democratic constitutional order, or public disasters.[108]

Such declarations allow the entities that exercise sovereignty from suspending the exercise of some of the constitutionally defined rights, freedoms and guarantees, so that the public authorities can take the appropriate and strictly necessary measures for the prompt restoration of constitutional normality; the Constitution, however, sets a temporal limit for these states of emergency (no more than fifteen days, even though renewal is possible) and forbids any suspension of theright to life, to personal integrity,to personal identity, to civil capacity and citizenship,the non-retroactivity of criminal law, theright to a fair trial, or thefreedom of conscience andreligion.[108] They also may not affect the constitutionally-defined competences and mode of operation of the entities that exercise sovereignty. TheAssembly of the Republic may not be dissolved while a state of siege or a state of emergency is in force,[109] nor can the Constitution itself be subject to amendment.[110]

Before declaring a state of siege or a state of emergency, the President is required to consult with theGovernment and request authorisation to do so from theAssembly of the Republic.[111]

During theThird Portuguese Republic, the only two times such states of exceptional suppression of constitutional provisions were declared were during thefailed left-wing coup d'état of 25 November 1975 (state of siege, within the confines of the Lisbon Military Region),[112] and during theCOVID-19 pandemic (state of emergency, in the entirety of the Portuguese territory).

Within the remit of the basic law ofcivil protection services (Portuguese:Lei de Bases da Protecção Civil), theprime minister can, through a Resolution of theCouncil of Ministers and without the need of parliamentary approval or presidential promulgation, decree a situation of calamity (Portuguese:situação de calamidade). Lesser exceptional statuses, the situation of contingency (Portuguese:situação de contingência) and the situation of alert (Portuguese:situação de alerta) in descending order of importance, can also be set in motion by other civil protection authorities orMayors.[113] These three situations allow for some extraordinary measures and special restrictions, but not the suspension of constitutional rights and freedoms.

Poland

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In Poland, the institution of the state of emergency was absorbed by the institution of martial law in the years 1952–1983 in the constitutional regulations. According to the provisions of the Constitution of 1997 (Articles 228 et seq.), A state of emergency may be introduced by the president at the request of the Council of Ministers for a specified period of time, but not longer than 90 days, in part or throughout the territory of the country, if the security of the state, the security of citizens or public order has been threatened. The President may extend this state only once (for a period not longer than 60 days) with the consent of the Sejm. During the state of emergency and within 90 days from its end, the Constitution and electoral regulations may not be changed, and the Sejm may not be dissolved; there are also no national elections or referendums. In the event of the expiry of the term of office of the President, the Sejm and the Senate, or local self-government bodies, they are appropriately extended.

Romania

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InRomania, there are two types of states of emergency, each designed for a different type of situation.[citation needed]

  • State of alert (Stare de alertă inRomanian): Non-military, can be enforced by a prefect.Roadblocks are enforced. Any utilitarian vehicle or equipment can be temporarily used by the state, without any restriction. Evacuation is not mandatory, unless extreme circumstances apply. OnlyEMS,Police and firefighting personnel are required to intervene. This situation can be enforced in case ofnatural disasters orcivil unrest.
  • State of emergency (stare de urgentă in Romanian): Can only be enforced by thePresident of Romania with approval fromParliament. Themilitary becomes the upper form of control in the country (under the rule of the president).[citation needed] The civilian population is subject to strict regulations, imposed by the type of emergency.[citation needed] All private and public non-crucial activities are suspended.[citation needed]Essential services might be disrupted. This situation can be enforced in case of extreme circumstances, such as a war.
  • Special zone of public safety (Zonă specială de siguranță publică in Romanian): Administrative, can be enforced by local police. This implies installation of road check-points and higher numbers in police andgendarmes/ riot police presence, patrolling the area. There is also a ban that restricts the right to travel for people in the area; any vehicle and individual transiting the zone are subject to screening.[114][115]

The most well-known event in which the state of emergency has been enforced was because of1977 Vrancea earthquake.[citation needed]

The last instance in which thespecial zone of public safety was enforced was on 8 December 2013, inPungești, Vaslui followingcivil unrest in Pungești fromChevron's plans to begin exploringshale-gas in the village.[116] According to police officials, the special security zone will be maintained as long as there is conflict in the area that poses a threat to Chevron's operations.[114] This special security zone has faced domestic and international criticism for allegedhuman-rights abuses.

Russia

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Sierra Leone

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Sierra Leone declared, on 7 February 2019, a State of Emergency due to ongoing rape and sexual violence in the country.[117] On 24 March 2020, a 12-month state of emergency was declared by (Rtd) BrigadierJulius Madaa Bio due to theCOVID-19 pandemic.[118]

Singapore

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Article 150(1) of the Constitution of Singapore[119] allows the President of Singapore to declare a state of emergency in the event of a security or economic threat and must notify Parliament as soon as practicable under Article 150(3). A state of emergency would last for six months under Article 150(6). With the repeal of the Emergency (Essential Powers) Act in 2021, only the powers granted by the Constitution are allowed to be exercised in an event of an emergency.

Special Emergency Powers (1964-2021)

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When Singapore was in Malaysia, the Malaysian Federation declared a State of Emergency in September 1964. It conferred upon the Federal King special powers during a State of Emergency[120] such as creating offenses and prescribing penalties among others. When Singapore gained independence in 1965, that ordinance was enacted as the Emergency (Essential Powers) Act conferring those powers on the President. These powers were repealed effective the 1st day of March 2021.[121]

History of Emergency

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In response to the Malayan Communist Party (MCP)'s murder of three British planters in Perak on 16th June 1948,Sir Edward Gent, theBritish High Commissioner of Malaya declared a State of Emergency to the whole of Perak and Johore. This emergency was extended to the whole of Malaya on the 18th of June, and six days later, Singapore came under a State of Emergency. The emergency officially ended on 31st July 1960, 12 years since its declaration, and when Singapore was a self-governing state rather than a colony during which the emergency was imposed in the first place.[122]

The subsequent time Singapore experienced a State of Emergency was when it was declared in 1964, whenrace riots broke out in July and in September. This time, Singapore was a state in the Malaysian Federation.Malaysian Prime MinisterTunku Abdul Rahman declared a State of Emergency under the provisions of the Malaysian Constitution.[123] This was the period when Ordinance 30 of 1964 was enacted conferring upon the Federal King special powers. This ordinance would become known as the Emergency (Essential Powers) Act and would be adopted by Singapore when it gained independence. The Act would remain in force for close to 57 years, until 2021.

While the British and the Malaysian Federal authorities have declared a State of Emergency in Singapore, no Singaporean government, thus far, has declared a State of Emergency since the country's independence in 1965. This is due to the Singaporean government's reliance on the Internal Security Act of 1960[124] and other targeted legislation to deal with security threats.

South Africa

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Further information:State of Emergency Act, 1997

States of emergency inSouth Africa are governed by section 37 of theConstitution and by theState of Emergency Act, 1997. Thepresident may declare a state of emergency only when "the life of the nation is threatened by war, invasion, general insurrection, disorder, natural disaster or other public emergency" and if the ordinary laws and government powers are not sufficient to restore peace and order. The declaration is made byproclamation in theGovernment Gazette and may only apply from the time of publication, not retroactively. It can only continue for 21 days unless theNational Assembly grants an extension, which may be for at most three months at a time. TheHigh Courts have the power, subject to confirmation by theConstitutional Court, to determine the validity of the declaration of a state of emergency.[125]

During a state of emergency thePresident of South Africa has the power to make emergency regulations "necessary or expedient" to restore peace and order and end the emergency. This power can be delegated to other authorities. Emergency measures can violate theBill of Rights, but only to a limited extent. Some rights are inviolable, including amongst others the rights to life and to human dignity; the prohibition of discrimination on the grounds of race, sex or religion; the prohibition of torture or inhumane punishment; and the right of accused people to a fair trial. Any violation of a constitutional right must be strictly required by the emergency. Emergency measures may not indemnify the government or individuals for illegal actions. They may impose criminal penalties, but not exceeding three years' imprisonment. They may not require military service beyond that required by the ordinary laws governing the defence force. An emergency measure may be disapproved by the National Assembly, in which case it lapses, and no emergency measure may interfere with the elections, powers or sittings ofParliament or theprovincial legislatures. The courts have the power to determine the validity of any emergency measure.

The constitution places strict limits on anydetention without trial during a state of emergency. A friend or family member of the detainee must be informed, and the name and place of detention must be published in theGovernment Gazette. The detainee must have access to a doctor and a legal representative. The detainee must be brought before a court within at most ten days, for the court to determine whether the detention is necessary, and if not released may demand repeated review every ten days. At the court review the detainee must be allowed legal representation and must be allowed to appear in person. The provisions on detention without trial do not apply toprisoners of war in an international conflict; instead they must be treated in accordance with theGeneva Conventions and other international law.

Spain

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In Spain, there are three degrees of state of emergency (estado de emergencia in Spanish):alarma (alarm or alert),excepción (exception[al circumstance]) andsitio (siege). They are named by theconstitution, which limits which rights may be suspended, but regulated by the "Ley Orgánica 4/1981" (Organic Law).

On 4 December 2010, the first state of alert was declared following theair traffic controllers strike.[126][127] It was the first time since theFrancisco Franco's regime that a state of emergency was declared.[128] The second state of alert was declared on 14 March 2020 due to thecoronavirus pandemic.[129] The third state of alert was declared before the end of October 2020 given the difficulties to control the spread of said pandemic.[130]

Sri Lanka

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In Sri Lanka, thepresident is able to proclaim emergency regulations under thePublic Security Ordinance in theconstitution in order to preserve public security and public order; suppression ofmutiny,riot orcivil commotion; or maintenance of supplies and services essential to the life of the community. These regulations last for one month unless confirmed otherwise byParliament.[131]

Switzerland

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According to Art. 185 of theSwiss Federal Constitution TheFederal Council (Bundesrat) can call up in their own competence military personnel of maximum 4000militia for three weeks to safeguard inner or outer security (called Federal Intervention or Federal Execution, respectively). A larger number of soldiers or of a longer duration is subject toparliamentary decision. For deployments within Switzerland the principle of subsidiarity rules: as a first step, unrest has to be overcome with the aid of cantonal police units.

Syria

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An emergency prevailed inSyria from 1963, following theBa'athist coup d'état, to 2011.[132] Originally predicated on theconflict with Israel, the emergency acted to centralize authority in the presidency and the national security apparatus while silencing public dissent. The emergency was terminated in response to protests that preceded theSyrian Civil War. Under the2012 constitution, thepresident may pass an emergency decree with a 2/3 concurrence of his ministers, provided that he presents it to thePeople's Assembly for constitutional review.

Trinidad and Tobago

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Sections 7 though 12 of the Constitution[133] set out the legal basis for declaring that a state of emergency exists. Thepresident, under the advice of theprime minister, may make a proclamation that a "state of public emergency" exists if:

  • "A public emergency has arisen as a result of the imminence of a state of war between Trinidad and Tobago and a foreign state,
  • A public emergency has arisen as a result of the occurrence of any earthquake, hurricane, flood, fire, outbreak of pestilence or of infectious disease, or other calamity whether similar to the foregoing or not,
  • Action has been taken, or is immediately threatened, by any person, of such a nature and on so extensive a scale, as to be likely to endanger the public safety or to deprive the community or any substantial portion of the community of supplies or services essential to life." (ss. 8 (2)).

Upon declaring that a state of emergency exists, the President may make regulations to deal with the situation at hand. The regulations can even infringe upon the rights enshrined within sections 4 and 5 of the Constitution (e.g. freedom of speech, freedom of movement, etc.) but only to such extent as such constitutional encroachments are "reasonably justifiable for the purpose of dealing with the situation that exists during that period." (ss. 7 (3)). Once the President has declared that a state of emergency exists, the initial duration of that proclamation is 15 days, unless revoked sooner. The state of emergency can then be extended for up to three months by a simple majority vote of theHouse of Representatives and can be extended by a further three months by a three-fifths majority vote of the House of Representatives and must also be passed in theSenate.

A state of emergency was declared in 1970 during theBlack Power Revolution by then Prime MinisterEric Williams. During theattempted state coup by theJamaat al Muslimeen against the NAR government of the then Prime MinisterA. N. R. Robinson in 1990,[134][135] a state of emergency was declared during the coup attempt and for a period after the coup.

On 4 August 1995, a state of emergency was declared to remove theSpeaker of the HouseOccah Seapaul by Prime MinisterPatrick Manning during a constitutional crisis.[136] The government had attempted to remove the speaker via a no-confidence motion, which failed. The state of emergency was used to remove the speaker using the emergency powers granted.[137]

On 22 August 2011 at 8:00 pm, Prime MinisterKamla Persad-Bissessar announced a state of emergency in an attempt to crack down on the trafficking of illegal drugs and firearms, in addition to gangs.[138] The decision of the President,George Maxwell Richards, to issue the proclamation for the state of emergency was debated inthe country's Parliament as required by the Constitution on 2 September 2011 and passed by the required simple majority of the House of Representatives. On 4 September, the Parliament extended the state of emergency for a further three months. It ended in December 2011.

On 15 May 2021 at 2:50 pm, Prime MinisterKeith Rowley declared a state of emergency following a mass surge in the number of deaths and COVID-19 infections, nohospital beds being available and a lack ofCOVID-19 vaccines in dealing with a rapid and deadly spread of theCOVID-19 pandemic in Trinidad and Tobago,[139][140][141] noted as being one of the worst in the world.[142][143] On 24 August, the Parliament extended the state of emergency for a further three months.[144]

On 30 December 2024, a state of emergency was declared after a spike in gang violence, which killed 6 people in the previous 2 days.[145][146][147]

Turkey

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Since the foundation of the Republic of Turkey in 1923 themilitary conducted threecoups d'état and announcedmartial law. Martial law between 1978 and 1983 was replaced by a state of emergency that lasted until November 2002.The latest state of emergency was declared by PresidentRecep Tayyip Erdoğan on 20 July 2016 following afailed coup attempt on 15 July 2016 by a faction of the country's armed forces. It was lifted on 18 July 2018.

United Kingdom

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In the United Kingdom, only theBritish Sovereign,[148] on the advice of thePrivy Council, or aMinister of the Crown in exceptional circumstances, has the power to introduce emergency regulations under theCivil Contingencies Act 2004, in case of an emergency, broadly defined as war or attack by a foreign power,terrorism which poses a threat of serious damage to the security of the UK, or events which threaten serious damage to human welfare or the environment of a place in the UK. The duration of these regulations is limited to thirty days, but may be extended byParliament.A state of emergency was last invoked in 1974 by Prime MinisterEdward Heath in response to increasingindustrial action.

The act grants wide-ranging powers to central and local government in the event of an emergency. It allows the modification ofprimary legislation by emergency regulation, with the exception of theHuman Rights Act 1998 and Part 2 of theCivil Contingencies Act 2004.

United States

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TheUnited States Constitution implicitly provides some emergency powers in the article about the executive power:

  • Congress may authorize the government to call forth the militia to execute the laws, suppress an insurrection or repel aninvasion.
  • Congress may authorize the government to suspend consideration of writs ofhabeas corpus "when in cases of rebellion or invasion the public safety may require it."
  • Felony charges may be brought without presentment orgrand juryindictment in cases arising "in the militia, when in actual service in time of war or public danger."
  • Astate government may engage in war without Congress's approval if "actually invaded, or in such imminent Danger as will not admit of delay."

Aside from these, many provisions of law exist in various jurisdictions, which take effect only upon an executive declaration of emergency; some 500 federal laws take effect upon a presidential declaration of emergency. TheNational Emergencies Act regulates this process at the federal level. It requires thePresident to specifically identify the provisions activated and to renew the declaration annually so as to prevent an arbitrarily broad or open-ended emergency.Presidents have occasionally taken action justified as necessary or prudent because of a state of emergency, only to have the action struck down in court as unconstitutional.[149]

A stategovernor or localmayor may declare a state of emergency within theirjurisdiction. This is common at the state level in response to natural disasters. TheFederal Emergency Management Agency maintains a system of assets, personnel and training to respond to such incidents. For example, on 10 December 2015,Washington state GovernorJay Inslee declared a state of emergency due to flooding and landslides caused by heavy rains.[150]

The 1977International Emergency Economic Powers Act allows the government to freeze assets, limit trade and confiscate property in response to an "unusual and extraordinary threat" to the United States that originates substantially outside of it. As of 2015 more than twenty emergencies under the IEEPA remain active regarding various subjects, the oldest of which was declared in 1979 with regard to the government ofIran. Another ongoing national emergency, declared after theSeptember 11 attacks, authorizes the president to retain or reactivate military personnel beyond their normal term of service.[151]

In 2020, it was common for states to enact a state of emergency due to theCOVID-19 pandemic.[152]

Because theDefense Resources Act contain numerous Titles or individual national emergency laws, it provides an important framework. In American film and popular culture, American views on what to expect during national emergencies can include prominentCold War television programs such asThe Day After, which aired onABC in November 1983.

Officials underPresidentRonald Reagan briefed Congress on the Act in 1983.[153] The briefing explained several emergency actions Congress might approve in a grave national crisis such as the nuclear war scare depicted in The Day After. Upon approval by Congress, the Act would have authorized the president to issue orders putting forth wage and price controls, censorship and commandeering of private property. The present legal status of these matters is not clear.

Presidential Emergency Action Documents reviews issues concerning national emergencies in the United States as well as legal and constitutional concerns.

Venezuela

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Examples

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Active in 2024

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Active in 2023

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  • On 10 November 2023, Icelandic authorities declared a state of emergency after a series of powerful earthquakes rocked the country's southwestern Reykjanes peninsula, signalling the increased likelihood of a volcanic eruption in the region. The village ofGrindavík was ordered to evacuate due to the imminent volcanic eruption of theFagradalsfjall volcano.
  • On 4 August 2023, Ethiopia's Council of ministers declared a state of emergency in the Amhara region after clashes between regional armed forces and the military.
  • On 7 February 2023, Turkey's President Recep Tayyip Erdoğan declared a three-month long state of emergency in 10 cities due to the2023 Turkey–Syria earthquake.
  • On 8 September 2023, United States President Joe Biden extended the state of emergency declared by George W. Bush after theSeptember 11 attacks.[158]

Active in 2022

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Active in 2021

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Active in 2020

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Past states of emergency

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See also

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References

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  2. ^See Judson, 2012, "Where is R2P grounded in international lawArchived 22 September 2020 at theWayback Machine".
  3. ^European Convention on Human Rights, Article 15
  4. ^American Convention on Human Rights, Article 27
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