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.[1] A government can declare such a state before, during, or after anatural disaster,civil unrest,armed conflict, medicalpandemic orepidemic or otherbiosecurity risk.
Underinternational law, rights and freedoms may be suspended during a state of emergency, depending on the severity of theemergency and a government's policies.[2]
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).[3] 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).
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.[8]
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.[9]
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.[10] 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.
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.[11]
On 18 March 2020,[12] 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[13] 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.[14] 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.[12]
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.[15] 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).[16][17]
InVictoria, theVictorian Premier can declare astate of emergency under thePublic Safety Preservation Act 1958[18] if there is a threat to employment, safety or public order.[19] 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.[20][21]
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.[22] 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'.[23]
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."[24]
The currentconstitution of Brazil[25] 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 the state of defense (estado de defesa), while a more severe form is the state of siege (estado de sítio).
The1959 constitution allows theSultan of Brunei to declare a state of emergency at the national or local level. The sultan may extend the state of emergency after a two-year period or cancel it altogether.[26]
Under emergency rule, the sultan can proclaim royal decrees, known as Orders, which have the force of law and can affect wide-ranging domains such ascensorship,freedom of movement, finance, and modification of legislation. These Orders are then subject to review by theLegislative Council, which may promulgate them into law as Acts through the normal legislative process.[26][27] Some Acts are typically overridden by new Orders from the sultan.[27]
The current state of emergency in Brunei predates its history as anindependent state, having been invoked by SultanOmar Ali Saifuddien III on 12 December 1962, when Brunei was still aBritish protectorate, in response to theBrunei revolt which was later put down with British assistance.[28] Because the rebellion came to be associated withderhaka (treachery against the Sultan) by the sultanate, it has not lifted the state of emergency nor has it reinstated the elected Legislative Council which was dissolved shortly after emergency rule was proclaimed.[29][27] The state of emergency has also restricted many civil liberties.[30]
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.[31] There are different levels of emergencies: Public Welfare Emergency, Public Order Emergency, International Emergency, and War Emergency.[32]
Under the current Emergency Act a state of emergency can also be declared by provincial, territorial, and municipal governments.[33] 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.
States of emergency in Egypt are governed by Law 1958/162.[37] The law grants greater powers to the police, suspends some constitutional rights and legalizesmedia censorship and state detention of individuals, who may be tried before military courts created under emergency rule.[38][39]
Since the proclamation of therepublican system in 1953, Egyptians have lived under four successive periods of emergency rule lasting more than a year: 1956–1964, 1967–1980, 1981–2012 and 2017–2021.[39][40] The emergency law received widespread criticism during the presidency ofHosni Mubarak, when thousands of civilians were detained under the law according to human rights groups, with estimates ofpolitical prisoners running as high as 30,000.[41][42]
TheFinnish Government, in cooperation with thePresident of Finland, may declare a state of emergency inFinland, after which it is possible to apply the provisions of the Emergency Powers and Defence Act. A state of emergency may only be declared when all other legislative means have been exhausted.[44]
According to an earlier law, passed in 1930, Finland could be declared astate of war if necessary.[45] Under this law, Finland was declared a state of war on 30 November 1939, after the start of theWinter War, and the state of war continued until 26 September 1947.[46]
Three main provisions concern various kinds of "state of emergency" in France: Article 16 of theConstitution of 1958 allows, in time of crisis, "extraordinary powers" to be used by the president. Article 36 of the same constitution regulates a "state of siege" (état de siège). Finally, the Act of 3 April 1955 allows the proclamation, by the Council of Ministers, of a "state of emergency" (état d'urgence).[51] The distinction between article 16 and the 1955 Act concerns mainly the distribution of powers: whereas in article 16, the executive power overturns 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, following the2015 Paris terrorist attacks, and during the2024 unrest in New Caledonia.
TheWeimar Constitution (1919–1933)[52] 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.
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).
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".[57]
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".[55]
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[58] 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.[59] 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.[60] Offenders risked a maximum of one-year imprisonment or a fine of HK$25,000 (US$3,200).[61]
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.[62]
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.[63]
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.[64][65]
On 26 November 2019, the High Court announced hearing for the government appeal against the judgement is on 9 January 2020.[66]
On 27 November 2019, the Court of Appeal extended the interim suspension of the judgment until 10 December 2019.[67][68]
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.[69][70][71]
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.[72]
On May 25, Hungary’s governing party approved a constitutional change permitting the administration to proclaim a “state of danger” if there is an armed conflict or humanitarian crisis in a nearby nation. Soon after, Prime Minister Viktor Orbán, who was freshly re-elected, invoked this new authority to declare such a state, referencing the ongoing war in Ukraine. The amendment was passed without any public input or consultation.[73]
In India, a state of emergency was declared twice:
Between 26 October 1962 to 10 January 1968 during theSino-Indian War—the security of India having been declared "threatened by external aggression".[74]
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 torule by decree.
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.
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).[81][82] (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.[83][84]Rationing continued until 1951.
TheOffences against the State Act does not require a state of emergency under Article 28.3.3°.[89][90] Part V of the Act, which provides for a non-jurySpecial Criminal Court (SCC), is permitted under Article 38.3.1°.[91][92] 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).[89][93][94] 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.[95][96]
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.[97][98][99]
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.[100] 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.[101] For other emergency, such as awar, a parliamentary vote is required to give extraordinary powers to the government.[102]
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.[103]
InMalaysia, if theYang di-Pertuan Agong (King) 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.[104]
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."[105] 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 Prime MinisterNajib Razak 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.[106]
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.
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.[110] 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.
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.[114] The state of national emergency was renewed four times, to last for a total of five weeks.[115]
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.[116][117]
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.[118] 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.[119]
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[120] 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.[121]
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.[121] 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,[122] nor can the Constitution itself be subject to amendment.[123]
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.[124]
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.[126] These three situations allow for some extraordinary measures and special restrictions, but not the suspension of constitutional rights and freedoms.
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.[citation needed]
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.[127][128]
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.[129] 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.[127] This special security zone has faced domestic and international criticism for allegedhuman-rights abuses.
Sierra Leone declared, on 7 February 2019, a State of Emergency due to ongoing rape and sexual violence in the country.[130] On 24 March 2020, a 12-month state of emergency was declared by (Rtd) BrigadierJulius Madaa Bio due to theCOVID-19 pandemic.[131]
Article 150(1) of the Constitution of Singapore[132] 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.
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[133] 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.[134]
In response to the Malayan Communist Party (MCP)'s murder of three British planters in Perak on 16 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 31 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.[135]
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.[136] 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[137] and other targeted legislation to deal with security threats.
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.[138]
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.
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.[139][140] It was the first time since theSpanish transition to democracy that a state of emergency was declared.[141] The second state of alert was declared on 14 March 2020 due to thecoronavirus pandemic.[142] The third state of alert was declared before the end of October 2020 given the difficulties to control the spread of said pandemic.[143]
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.[144]
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.
An emergency prevailed inSyria from 1963, following theBa'athist coup d'état, to 2011.[145] 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.
Sections 7 though 12 of the Constitution[146] 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.
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.[149] 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.[150]
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.[151] 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,[152][153][154] noted as being one of the worst in the world.[155][156] On 24 August, the Parliament extended the state of emergency for a further three months.[157]
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.[158][159][160]
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.
In the United Kingdom, only theBritish Sovereign,[161] 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.
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 an invasion.
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.[162]
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.[163]
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.[164]
In 2020, it was common for states to enact a state of emergency due to theCOVID-19 pandemic.[165]
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 under PresidentRonald Reagan briefed Congress on the Act in 1983.[166] The briefing explained several emergency actions Congress might approve in a grave national crisis such as the nuclear war scare depicted inThe 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.
In October 2025, officials in Los Angeles County announced a state of emergency due to the continuous federal crackdowns on immigrants, aiming to offer financial support to this population. Many immigrants have experienced delays in their rent payments as a result of these crackdowns and have been refused rent assistance along with other financial services. The Trump administration intensified its enforcement actions against immigrants in Los Angeles during the summer of 2025.[167][168]
On 26 July 2024, then-Governor ofWest Virginia in the United States,Jim Justice declared a state of emergency due to a severe drought that was ongoing.[171] The declaration was originally supposed to last for 30 days; but was later extended on 23 August 2024 for an additional 30 days.[172]
On 9 January 2024, Ecuador's President Daniel Noboa declared a state of emergency following the escape ofJosé Adolfo Macías Villamar, leader of theLos Choneros drug cartel, from prison.
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.[174]
On 23 February 2022,Ukraine announced in response to theRussian invasion of its territory that it would declare a nationwide state of emergency, excluding the occupied territories inDonbas. On the same day,Russia began to evacuate itsembassy inKyiv and also lowered the Russian flag from the top of the building.
On 24 February 2022,Moldova announced that it will declare a nationwide state of emergency in response to the invasion, as thousands of Ukrainians flee into Moldovan territory.
On 24 February 2022,Lithuania declared the state of emergency due to possible disturbances and provocations as large military forces massed inRussia andBelarus.
On 26 March 2022,El Salvador declared a state of emergency after 62 people were murdered, making it the most violent day since the end of the civil war in 1992.
On 2 September 2021, Poland declared astate of emergency in the terrain surroundingBelarus–Poland border. The request was motivated by – according to government – possible threats to security and public order in part of the territory of Poland.[175] It covered 183 localities near the Belarusian border: 115 inPodlaskie Voivodeship and 68 inLublin Voivodeship[176]
On 15 September 2021, Alberta declared a state of public health emergency to protect their health care system that became in crisis because ofCOVID-19.[177]
On 2 November 2021, Ethiopia declared a state of emergency aimed to protect civilians from atrocities being committed by theTigray People's Liberation Front in several parts of the country.[178]
On 18 March 2020,PortugalPresidentMarcelo Rebelo de Sousa declared a state of emergency forCOVID-19.[187] It was renewed twice (2 and 17 April) in the constitutionally mandated 15-day periods, lasting until 1 minute before midnight on 2 May 2020.[188] Beginning midnight, 3 May 2020, the country is now in a "situation of calamity" (Portuguese:situação de calamidade), a different status enshrined in the Basic Law ofCivil Protection, which allows for restrictions on circulation or conditioning in the operation of certain establishments, but not the suspension of constitutional rights and freedoms as with the state of emergency.[189]
On 14 February 2023, New Zealand's Minister of Emergency Management Kieran McAnulty declared a national state of emergency following severe and widespread impacts from Ex-Tropical Cyclone Gabrielle. The state of emergency was lifted on 14 March.
On 21 March 2020,GeorgianPresidentSalome Zurabishvili declared a state of emergency forCOVID-19. State of emergency was prolonged for one month on 22 April 2020 and expired on 23 May 2020.
On 19 March 2020, theMoroccan government declared a "state of health emergency" forCOVID-19, to take effect the following day (20 March).[225]
In November 2019,New South Wales, Australia, declared a seven-day state of emergency granting "emergency powers" to fire-fighting agencies due to majorbushfires occurring in the state.[226]
In October 2019,Ecuador declared a 60-day state of emergency after violent protests following the ending of fuel subsidies.[227][228]
On 18 October 2019, a state of emergency was declared in the capital ofChile,Santiago, after violent protests broke out in response to the rising cost of living.[229] This state of emergency was later extended to other cities in the country.[230] The state of emergency was lifted on 27 October 2019.[231]
At midnight on 23 April 2019, a state of emergency was declared acrossSri Lanka followingmultiple bomb attacks on churches, luxury hotels and other locations across the country in which 253 people were killed and more than 500 injured.[232][233][234] After being extended three times, the state of emergency was lifted on 25 August 2019.[235]
On 12 August 2017, a state of emergency was declared in the U.S. state of Virginia due to escalating tensions amid protesters and counter-protesters in Charlottesville.[241]
On 28 June 2016,Namibia declared a state of emergency due to an ongoingdrought.[245]
On 12 June 2016, following theOrlando nightclub shooting in which at least 50 people were killed (including the shooter), the Governor of Florida declared a state of emergency in the immediate Orlando area.[246]
On 22 November 2015, a state of emergency was declared inRussian-occupied Crimea after pylons in Ukraine were blown up leaving 1,896,000 people without power.[250]
Egypt had been under a nearly-continuous state of emergency since 1967 (interrupted for 18 months in 1980–81); thePeople's Assembly renewed it every two to three years.[37][42][253] The state of emergency expired on 31 May 2012.[254]
Tunisia declared state of emergency January 2011, following unrest from economic issues.[255]
28 November 2011 –Slovakia declared a state of emergency for numerous hospitals, due to resignation of many Medicare workers.[256]
21 August 2011 –Trinidad and Tobago, in an attempt to crack down on the trafficking of illegal drugs and firearms, in addition to gangs.[257]
15 March 2011 –Bahrain declared a state of emergency on 15 March 2011 and asked the military to reassert its control over the capital, Manama, as clashes between Shia and Sunni groups spread across the country. Bahrain has been gripped by deepening political unrest and widespread protests for over a month, with the Shia majority and some Sunni liberals calling for democracy and an end to discrimination.[258]
30 September 2010 – A state of emergency was declared inEcuador due to a coup by armed forces.
11 April 2009 –Thailand's Prime MinisterAbhisit Vejjajiva declared a state of emergency in the areas ofPattaya andChonburi, in response to anti-government protesters breaking into the conference center of a hotel complex in the seaside resort city of Pattaya, in the then-venue site of theASEAN was being held, immediately resulting in its cancellation.[259] Another state of emergency on 12 April 2009, was announced inBangkok and the surrounding areas, due to a heightened escalation of tension between the government and anti-government protesters, but was later lifted.[260]
5 February 2009 –China was in a state of emergency due to extremedroughts in the country.
11 January 2007 –Bangladesh was in a state of emergency due toelectoral violence.[262] This ended on 16 December 2008, when new parliamentary elections were organized.
2 March 1997 – The1997 unrest in Albania, also known as the Lottery Uprising or Anarchy inAlbania, was an uprising sparked by Ponzi scheme failures. Albania descended into anarchy and violence in which the government was toppled and some 2,000 people were killed. On 1 March, Prime MinisterAleksandër Meksi resigned and on 2 March PresidentSali Berisha declared a state of emergency.[281]
1992 to 2011 –Algeria endures a 19-year state of emergency enacted at the beginning of the1992 coup. The state of emergency, which suspended citizens' rights in lieu of military power, was lifted after the Algerian Government gave in to protester demands during the 2011Arab Spring.[8]
May 1994 – On May 4,Yemeni PresidentAli Abdullah Saleh declared a 30-day state of emergency in response to the bombing of Sana'a byseparatist air forces during theescalating civil war, and foreign nationals began evacuating the country.[286]
July–August 1990 – Trinidad and Tobago declared a state of emergency when a group stormed Parliament and a TV Station holding government officials, including theprime minister, at ransom.[287] SeeJamaat al Muslimeen coup attempt
July 1985 to February 1990 –South Africa, in response to increasing civil unrest and township violence opposingapartheid rule.[288]
1975 to 1977 – India,Indira Gandhi declared a state of emergency in 1975 in response to political opposition and her own conviction on charges of electoral fraud.The Emergency lasted for 21 months.
1972 to 1976 –Mauritius, due to ethnic and labor-related unrest. Elections were suspended during this period, and political rights were broadlycircumscribed.
1970 to 1972 – Trinidad and Tobago; a state of emergency was declared to deal with theBlack Power Revolution which also included a mutiny in the Military.
^"Biosecurity Act 2015".Federal Register of Legislation. Australian Government. 7 March 2019.Archived from the original on 4 April 2020. Retrieved30 March 2020.
^"Anti-mask law gazetted".Hong Kong's Information Services Department (in Chinese (Hong Kong)).Archived from the original on 20 September 2023. Retrieved19 November 2019.
^Constitution Review Group (1996)."Report"(PDF). "The Government, § 3: whether Article 28.3 should be amended to provide for a limit on the period during which a law enacting a state of emergency continues to have effect and for preserving certain rights during that period" and "Trial of Offences, § 4: special courts". Archived fromthe original(PDF) on 9 October 2017. Retrieved2 April 2017.
^"Article 172 (Dissolution)".Constitution of the Portuguese Republic. Diário da República Eletrónico.Archived from the original on 7 April 2020. Retrieved18 March 2020.
^Currie, Iain; de Waal, Johan (2005). "Chapter Thirty-three: States of Emergency".The Bill of Rights Handbook (5th ed.). Cape Town: Juta & Company Ltd. pp. 798–806.ISBN978-0-7021-5923-7.
