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A state of emergency is a situation in which a government is empowered to be able 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 during a
natural disaster,
civil unrest
Civil disorder, also known as civil disturbance, civil unrest, or social unrest is a situation arising from a mass act of civil disobedience (such as a demonstration, riot, strike, or unlawful assembly) in which law enforcement has difficulty ...
,
armed conflict, medical
pandemic or
epidemic
An epidemic (from Greek ἐπί ''epi'' "upon or above" and δῆμος ''demos'' "people") is the rapid spread of disease to a large number of patients among a given population within an area in a short period of time.
Epidemics of infectious ...
or other
biosecurity
Biosecurity refers to measures aimed at preventing the introduction and/or spread of harmful organisms (e.g. viruses, bacteria, etc.) to animals and plants in order to minimize the risk of transmission of infectious disease. In agriculture, thes ...
risk. ''
Justitium
''Justitium'' (derived from the Latin term ''Juris statio'') is a concept of Roman law, equivalent to the declaration of the state of emergency. Some scholars also refer to it as a state of exception, stemming from a state of necessity. It inv ...
'' is its equivalent in
Roman law
Roman law is the legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the '' Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor Ju ...
—a concept in which the
Roman Senate
The Roman Senate ( la, Senātus Rōmānus) was a governing and advisory assembly in ancient Rome. It was one of the most enduring institutions in Roman history, being established in the first days of the city of Rome (traditionally founded in ...
could put forward a final decree (''
senatus consultum ultimum
The ''senatus consultum ultimum'' ("final decree of the Senate", often abbreviated to SCU) is the modern term given to resolutions of the Roman Senate lending its moral support for magistrates to use the full extent of their powers and ignore th ...
'') that was not subject to dispute yet helped save lives in times of strife.
Relationship with international law
Under
international law
International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...
, rights and freedoms may be suspended during a state of emergency, depending on the severity of the
emergency
An emergency is an urgent, unexpected, and usually dangerous situation that poses an immediate risk to health, life, property, or environment and requires immediate action. Most emergencies require urgent intervention to prevent a worsening ...
and a government's policies.
Use and viewpoints
Though fairly uncommon in democracies,
dictatorial
A dictator is a political leader who possesses absolute power. A dictatorship is a state ruled by one dictator or by a small clique. The word originated as the title of a Roman dictator elected by the Roman Senate to rule the republic in times ...
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 override
human rights
Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of hu ...
of their citizens usually protected by the
International Covenant on Civil and Political Rights
The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, fr ...
(ICCPR). In some situations,
martial law
Martial law is the imposition of direct military control of normal civil functions or suspension of civil law by a government, especially in response to an emergency where civil forces are overwhelmed, or in an occupied territory.
Use
Marti ...
is also declared, allowing the
military
A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. It is typically authorized and maintained by a sovereign state, with its members identifiable by their distinct ...
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) and
Leandro Despouy
Leandro Despouy (April 4, 1947 – December 18, 2019), who was born in San Luis, Argentina, was an Argentine human rights lawyer. He was the United Nations Commission on Human Rights Special Rapporteur on the Independence of Judges and Lawyers ...
(Argentina), two consecutive
United Nations Special Rapporteurs
United may refer to:
Places
* United, Pennsylvania, an unincorporated community
* United, West Virginia, an unincorporated community
Arts and entertainment Films
* ''United'' (2003 film), a Norwegian film
* ''United'' (2011 film), a BBC Two f ...
, 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 also ''
état d'exception'').
Article 4 to the ICCPR, permits states to
derogate
Derogation, in Civil law (legal system), civil law and common law, is the partial suppression of a law. In contrast, annulment is the total abolition of a law by explicit repeal, and obrogation is the partial or total modification or repeal of a la ...
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 the
Secretary-General of the United Nations
The secretary-general of the United Nations (UNSG or SG) is the chief administrative officer of the United Nations and head of the United Nations Secretariat, one of the six principal organs of the United Nations.
The role of the secretary-g ...
. The
European Convention on Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by ...
and
American Convention on Human Rights
The American Convention on Human Rights, also known as the Pact of San José, is an international human rights instrument. It was adopted by many countries in the Western Hemisphere in San José, Costa Rica, on 22 November 1969. It came into for ...
have similar derogatory provisions. No derogation is permitted to the
International Labour Conventions.
Some, such as
political theorist
A political theorist is someone who engages in constructing or evaluating political theory, including political philosophy. Theorists may be Academia, academics or independent scholars. Here the most notable political theorists are categorized b ...
and
Nazi Party
The Nazi Party, officially the National Socialist German Workers' Party (german: Nationalsozialistische Deutsche Arbeiterpartei or NSDAP), was a far-right political party in Germany active between 1920 and 1945 that created and supported t ...
member
Carl Schmitt
Carl Schmitt (; 11 July 1888 – 7 April 1985) was a German jurist, political theorist, and prominent member of the Nazi Party. Schmitt wrote extensively about the effective wielding of political power. A conservative theorist, he is noted as ...
, have argued that the
power
Power most often refers to:
* Power (physics), meaning "rate of doing work"
** Engine power, the power put out by an engine
** Electric power
* Power (social and political), the ability to influence people or events
** Abusive power
Power may a ...
to decide the initiation of the state of emergency defines
sovereignty
Sovereignty is the defining authority within individual consciousness, social construct, or territory. Sovereignty entails hierarchy within the state, as well as external autonomy for states. In any state, sovereignty is assigned to the perso ...
itself. In
''State of Exception'' (2005),
Giorgio Agamben criticized this idea, arguing that the mechanism of the state of emergency deprives certain people of their
civil and political rights
Civil and political rights are a class of rights that protect individuals' freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and political life o ...
, producing his interpretation of ''
homo sacer''.
Graduation
In many
democratic states there are a selection of
legal
Law is a set of rules that are created and are law enforcement, enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. ...
definitions for specific states of emergency, when the
constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed.
When these princ ...
of the
State
State may refer to:
Arts, entertainment, and media Literature
* ''State Magazine'', a monthly magazine published by the U.S. Department of State
* ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States
* ''Our S ...
is partially in abeyance depending on the nature of the perceived threat to the
general public
In public relations and communication science, publics are groups of individual people, and the public (a.k.a. the general public) is the totality of such groupings. This is a different concept to the sociological concept of the ''Öffentlic ...
. In order of severity these may include:
*
Martial law
Martial law is the imposition of direct military control of normal civil functions or suspension of civil law by a government, especially in response to an emergency where civil forces are overwhelmed, or in an occupied territory.
Use
Marti ...
: when civil rights are severely restricted by the imposition of
military force
A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. It is typically authorized and maintained by a sovereign state, with its members identifiable by their distinct ...
within a
Sovereign state
A sovereign state or sovereign country, is a political entity represented by one central government that has supreme legitimate authority over territory. International law defines sovereign states as having a permanent population, defined te ...
, for example during a period of extreme threat of
invasion
An invasion is a Offensive (military), military offensive in which large numbers of combatants of one geopolitics, geopolitical Legal entity, entity aggressively enter territory (country subdivision), territory owned by another such entity, gen ...
or actual
hostilities
War is an intense armed conflict between states, governments, societies, or paramilitary groups such as mercenaries, insurgents, and militias. It is generally characterized by extreme violence, destruction, and mortality, using regular o ...
by foreign forces
* State of siege: when the civil rights of specified persons or groups such as
political activists
Activism (or Advocacy) consists of efforts to promote, impede, direct or intervene in social, political, economic or environmental reform with the desire to make changes in society toward a perceived greater good. Forms of activism range fro ...
are likely to be curtailed, for example to prevent an
insurrection
Rebellion, uprising, or insurrection is a refusal of obedience or order. It refers to the open resistance against the orders of an established authority.
A rebellion originates from a sentiment of indignation and disapproval of a situation and ...
or organised acts of
treason
Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...
by suspected
agents provocateurs
An agent provocateur () is a person who commits, or who acts to entice another person to commit, an illegal or rash act or falsely implicate them in partaking in an illegal act, so as to ruin the reputation of, or entice legal action against, the ...
*
Civil emergency
Civil may refer to:
* Civic virtue, or civility
*Civil action, or lawsuit
* Civil affairs
*Civil and political rights
* Civil disobedience
*Civil engineering
* Civil (journalism), a platform for independent journalism
*Civilian, someone not a m ...
: dealing with
disaster area
A disaster area is a region or a locale that has been heavily damaged by either natural, technological or social hazards. Disaster areas affect the population living in the community by dramatic increase in expense, loss of energy, food and serv ...
s and requiring the deployment of extraordinary resources to contain dangerous situations such as
natural disasters or extensive
malicious property damage
Property damage (or cf. criminal damage in England and Wales) is damage or destruction of real or tangible personal property, caused by negligence, willful destruction, or act of nature.
It is similar to vandalism and arson (destroying prop ...
such as may occur during
rioting or by
arson. As well as regular
emergency services, sometimes
military forces
A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. It is typically authorized and maintained by a sovereign state, with its members identifiable by their distinct ...
may be assigned to deliver aid under especially
dangerous conditions or to prevent
looting
Abuse
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 respect human rights. An example was the
August 1991 attempted coup in the
Soviet Union
The Soviet Union,. officially the Union of Soviet Socialist Republics. (USSR),. was a List of former transcontinental countries#Since 1700, transcontinental country that spanned much of Eurasia from 1922 to 1991. A flagship communist state, ...
(USSR) where the coup leaders invoked a state of emergency; the failure of the coup led to the
dissolution of the Soviet Union.
Derogations by states having ratified or acceded to binding international agreements such as the ICCPR, the
American
American(s) may refer to:
* American, something of, from, or related to the United States of America, commonly known as the "United States" or "America"
** Americans, citizens and nationals of the United States of America
** American ancestry, pe ...
and
European Conventions on Human Rights and the International Labour Conventions are monitored by independent expert committees, regional Courts and other State Parties.
Law in selected countries
Argentina
The
Constitution of Argentina
The Constitution of the Argentine Nation ( es, Constitución de la Nación Argentina) is the basic governing document of Argentina, and the primary source of existing law in Argentina. Its first version was written in 1853 by a constitutional ...
, which has been amended several times, has always allowed for a state of emergency (literally ''estado 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. The
American Convention on Human Rights
The American Convention on Human Rights, also known as the Pact of San José, is an international human rights instrument. It was adopted by many countries in the Western Hemisphere in San José, Costa Rica, on 22 November 1969. It came into for ...
(Pacto de San José de Costa Rica), adopted in 1969 but ratified by Argentina only in 1984 immediately after the end of the
National 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
State-of-emergency legislation differs in each state of Australia. With regard to emergency management, regions (usually on a
local government area basis) that have been affected by a
natural 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 rather
districts or
shires, where essential services may have been disrupted.
On 18 March 2020,
a nationwide human biosecurity emergency was declared in Australia owing to the risks to human health posed by the
coronavirus (COVID-19) pandemic, after the
National Security Committee met the previous day. The ''
Biosecurity Act 2015
The ''Biosecurity Act 2015'' is an Act of the Parliament of Australia which manages biosecurity risks in Australia. It was enacted on 16 June 2015, after the Bill was passed with bipartisan support on 14 May 2015. It covers both agricultural ...
''
specifies that the
governor-general of Australia may declare such an emergency if the
Health Minister A health minister is the member of a country's government typically responsible for protecting and promoting public health and providing welfare and other social security services.
Some governments have separate ministers for mental health.
Coun ...
(currently
Greg Hunt
Gregory Andrew Hunt (born 18 November 1965) is a former Australian politician who was the Minister for Health between January 2017 and May 2022. He was a Liberal Party member of the House of Representatives between November 2001 and 2022, rep ...
) 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, and
evacuations
Evacuation or Evacuate may refer to:
* Casualty evacuation (CASEVAC), patient evacuation in combat situations
* Casualty movement, the procedure for moving a casualty from its initial location to an ambulance
* Emergency evacuation, removal of pers ...
.
The ''Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) Declaration 2020'' was declared by the Governor-General,
David Hurley
General David John Hurley, (born 26 August 1953) is an Australian former senior officer in the Australian Army who has served as the 27th governor-general of Australia since 1 July 2019. He was previously the 38th governor of New South Wales, ...
, under Section 475 of the Act.
New South Wales
In
New South Wales
)
, nickname =
, image_map = New South Wales in Australia.svg
, map_caption = Location of New South Wales in AustraliaCoordinates:
, subdivision_type = Country
, subdivision_name = Australia
, established_title = Before federation
, es ...
, the
NSW Premier
The premier of New South Wales is the head of government in the state of New South Wales, Australia. The Government of New South Wales follows the Westminster Parliamentary System, with a Parliament of New South Wales acting as the legislatu ...
can, pursuant to the ''State 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. The Premier declared a state of emergency on 11 November 2019 in response to the
2019–2020 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, the
2019–2020 bushfire season resulted in 26 deaths, destroyed 2,448 homes, and burnt .
Victoria
In
Victoria
Victoria most commonly refers to:
* Victoria (Australia), a state of the Commonwealth of Australia
* Victoria, British Columbia, provincial capital of British Columbia, Canada
* Victoria (mythology), Roman goddess of Victory
* Victoria, Seychelle ...
, the
Victorian Premier can declare a state of emergency under the ''Public Safety Preservation Act 1958'' if there is a threat to employment, safety or public order. 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 of
Parliament
In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...
may revoke it earlier. However, these regulations expire if
Parliament
In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...
does not agree to continue them within seven days.
The Premier (or a delegate) may operate or prohibit operation of any essential service, such as transport, fuel, power, water or gas, under the ''Essential Services Act 1958''.
If there is an emergency which the Premier, after considering the advice of the relevant Minister and the
Emergency 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 the ''Emergency Management Act 1986'', may declare a state of disaster to exist in the whole or in any part or parts of the State. 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'.
The ''Public 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 authorised officer considers is reasonably necessary to protect public health."
Brazil
The current
constitution of Brazil allows the
president
President most commonly refers to:
*President (corporate title)
* President (education), a leader of a college or university
* President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ...
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'', in Portuguese), while a more severe form is the ''state of siege'' (''estado de sítio'').
In a ''state of defense'', the federal government can occupy and use any public building or demand any service as it sees fit. It may suppress
secrecy of correspondence
__NOTOC__
The secrecy of correspondence (german: Briefgeheimnis, french: secret de la correspondance) or literally translated as secrecy of letters, is a fundamental legal principle enshrined in the constitutions of several European countries. It ...
and
freedom of assembly
Freedom of peaceful assembly, sometimes used interchangeably with the freedom of association, is the individual right or ability of people to come together and collectively express, promote, pursue, and defend their collective or shared ide ...
as necessary, as long as it specifies a defined region and time period.
If president finds the ''state of defense'' insufficient, it might decree a ''state of siege''. This state further reduces
civil liberties, removing
freedom of movement, allowing for search without consent or warrant, and
seizure
An epileptic seizure, informally known as a seizure, is a period of symptoms due to abnormally excessive or synchronous neuronal activity in the brain. Outward effects vary from uncontrolled shaking movements involving much of the body with l ...
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, the
National Congress of Brazil
The National Congress of Brazil ( pt, Congresso Nacional do Brasil) is the legislative body of Brazil's federal government. Unlike the state legislative assemblies and municipal chambers, the Congress is bicameral, composed of the Federal Sen ...
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 the
military dictatorship in 1985, and the formation of the
sixth Brazilian Republic, neither state has ever been raised.
Canada
The
federal government of Canada
The government of Canada (french: gouvernement du Canada) is the body responsible for the federal administration of Canada. A constitutional monarchy, the Crown is the corporation sole, assuming distinct roles: the executive, as the ''Crown-in- ...
can use the
Emergencies Act
The ''Emergencies Act'' (french: Loi sur les mesures d'urgence) is a statute passed by the Parliament of Canada in 1988 which authorizes the Government of Canada to take extraordinary temporary measures to respond to public welfare emergencies, ...
to invoke a state of emergency. A national state of emergency automatically expires after 90 days, unless extended by the
Governor-in-Council
The King-in-Council or the Queen-in-Council, depending on the gender of the reigning monarch, is a constitutional term in a number of states. In a general sense, it would mean the monarch exercising executive authority, usually in the form of ap ...
. There are different levels of emergencies: Public Welfare Emergency, Public Order Emergency, International Emergency, and War Emergency.
The Emergencies Act replaced the
War Measures Act
The ''War Measures Act'' (french: Loi sur les mesures de guerre; 5 George V, Chap. 2) was a statute of the Parliament of Canada that provided for the declaration of war, invasion, or insurrection, and the types of emergency measures that could t ...
in 1988. The War Measures Act was invoked three times in Canadian history, most controversially by Prime Minister
Pierre Trudeau during the 1970
October Crisis
The October Crisis (french: Crise d'Octobre) refers to a chain of events that started in October 1970 when members of the Front de libération du Québec (FLQ) kidnapped the provincial Labour Minister Pierre Laporte and British diplomat James Cr ...
, and also by Prime Minister
Robert Borden
Sir Robert Laird Borden (June 26, 1854 – June 10, 1937) was a Canadian lawyer and politician who served as the eighth prime minister of Canada from 1911 to 1920. He is best known for his leadership of Canada during World War I.
Borde ...
during
World War I
World War I (28 July 1914 11 November 1918), often abbreviated as WWI, was one of the deadliest global conflicts in history. Belligerents included much of Europe, the Russian Empire, the United States, and the Ottoman Empire, with fightin ...
(from 1914 to 1920, against threat of Communism during the
Revolutions of 1917–1923
The Revolutions of 1917–1923 was a revolutionary wave that included political unrest and armed revolts around the world inspired by the success of the Russian Revolution and the disorder created by the aftermath of World War I. The uprisings ...
) and by Prime Minister
William Lyon Mackenzie King
William Lyon Mackenzie King (December 17, 1874 – July 22, 1950) was a Canadian statesman and politician who served as the tenth prime minister of Canada for three non-consecutive terms from 1921 to 1926, 1926 to 1930, and 1935 to 1948. A L ...
during
World War II
World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposing ...
(from 1942 to 1945, against perceived threat from
Japanese Canadians
are Canadian citizens of Japanese ancestry. Japanese Canadians are mostly concentrated in Western Canada, especially in the province of British Columbia, which hosts the largest Japanese community in the country with the majority of them living ...
following
Imperial Japan's attack on Pearl Harbor
The attack on Pearl HarborAlso known as the Battle of Pearl Harbor was a surprise military strike by the Imperial Japanese Navy Air Service upon the United States against the naval base at Pearl Harbor in Honolulu, Territory of Hawaii ...
).
Under the current Emergency Act a state of emergency can also be declared by provincial, territorial, and municipal governments. 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 invokes
the notwithstanding clause, section 33, and therefore emergency powers can effectively be created even without using the Emergency Act.
Provincial governments can also invoke
states of emergency, and have done to respond to at least 12 incidents during the 21st century.
The first usage of the Emergencies Act was invoked by Prime Minister
Justin Trudeau
Justin Pierre James Trudeau ( , ; born December 25, 1971) is a Canadian politician who is the 23rd and current prime minister of Canada. He has served as the prime minister of Canada since 2015 and as the leader of the Liberal Party since 2 ...
on 14 February 2022 in response to the
Freedom Convoy 2022 protests that occupied the capital of
Ottawa. The
Canadian House of Commons
The House of Commons of Canada (french: Chambre des communes du Canada) is the lower house of the Parliament of Canada. Together with the Monarchy of Canada#Parliament (King-in-Parliament), Crown and the Senate of Canada, they comprise the Bicam ...
voted to approve the invocation 185–151 with support from the
Liberal Party
The Liberal Party is any of many political parties around the world. The meaning of ''liberal'' varies around the world, ranging from liberal conservatism on the right to social liberalism on the left.
__TOC__ Active liberal parties
This is a li ...
and the
New Democratic Party and opposition from the
Conservative Party
The Conservative Party is a name used by many political parties around the world. These political parties are generally right-wing though their exact ideologies can range from center-right to far-right.
Political parties called The Conservative P ...
and the
Bloc Québécois. Prime Minister Trudeau previously considered invoking it at the beginning of the
COVID-19 pandemic
The COVID-19 pandemic, also known as the coronavirus pandemic, is an ongoing global pandemic of coronavirus disease 2019 (COVID-19) caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). The novel virus was first identi ...
in April 2020, but faced unanimous disapproval from all thirteen
provincial and territorial premiers at the
Council of the Federation
The Council of the Federation (french: Conseil de la fédération) is a congress that meets twice annually and comprises the premiers of each of Canada's 13 provinces and territories, the main function of which is to provide a united front among ...
.
Egypt
Egypt
Egypt ( ar, مصر , ), officially the Arab Republic of Egypt, is a transcontinental country spanning the northeast corner of Africa and southwest corner of Asia via a land bridge formed by the Sinai Peninsula. It is bordered by the Medit ...
ians lived under an Emergency Law (Law No. 162 of 1958)
[Law 1958/162 (Emergency Law)](_blank)
a
EMERglobal Lex
part of the Edinburgh Middle East Report. Retrieved 2 April 2010. from 1967 to 2012, except for an 18-month break in 1980 and 1981. The emergency was imposed during the
Six-Day War
The Six-Day War (, ; ar, النكسة, , or ) or June War, also known as the 1967 Arab–Israeli War or Third Arab–Israeli War, was fought between Israel and a coalition of Arab states (primarily Egypt, Syria, and Jordan) from 5 to 10 Ju ...
, and reimposed following the
assassination of President
Anwar Sadat
Muhammad Anwar el-Sadat, (25 December 1918 – 6 October 1981) was an Egyptian politician and military officer who served as the third president of Egypt, from 15 October 1970 until his assassination by fundamentalist army officers on 6 ...
. The law was continuously extended every three years since 1981. Under the law, police powers were extended, constitutional rights suspended and
censorship
Censorship is the suppression of speech, public communication, or other information. This may be done on the basis that such material is considered objectionable, harmful, sensitive, or "inconvenient". Censorship can be conducted by governments ...
was legalized.
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 of
political prisoner
A political prisoner is someone imprisoned for their political activity. The political offense is not always the official reason for the prisoner's detention.
There is no internationally recognized legal definition of the concept, although n ...
s run as high as 30,000.
The emergency rule expired on 31 May 2012, and was put back in place in January 2013.
Following the
2013 coup d'état, the Egyptian interim president announced a one-month state of emergency across the country on 14 August 2013 and ordered the
Egyptian Armed Forces
The Egyptian Armed Forces ( arz, القُوّات المُسَلَّحَة المِصْرِيَّة, alquwwat almusalahat almisria) are the military forces of the Arab Republic of Egypt. They consist of the Egyptian Army, Egyptian Navy, Egyptia ...
to help the Interior Ministry enforce security. The announcement made on state TV followed
deadly countrywide clashes between supporters of deposed President
Mohamed Morsi
Mohamed Mohamed Morsi Eissa al-AyyatThe spellings of his first and last names vary. survey of 14 news organizations plus Wikipedia in July 2012
Tigray war
The Tigray War; ; . was an armed conflict that lasted from 3 November 2020 to 3 November 2022. The war was primarily fought in the Tigray Region of Ethiopia between the Ethiopian federal government and Eritrea on one side, and the Tigray Peop ...
, which went into effect 5 November 2021.
France
Three main provisions concern various kind of "state of emergency" in France: Article 16 of the
Constitution 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''). 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 the
Parliament of France
The French Parliament (french: Parlement français) is the bicameral legislature of the French Republic, consisting of the Senate () and the National Assembly (). Each assembly conducts legislative sessions at separate locations in Paris: ...
. These dispositions have been used at various times: three times during the
Algerian War (in 1955, 1958 and 1961), in 1984 during violent pro-independence revolts in
New Caledonia, during the
2005 riots, and following the
2015 Paris terrorist attacks.
Germany
The
Weimar Constitution (1919–1933) allowed states of emergency under
Article 48 to deal with rebellions. Article 48 was often invoked during the 14-year life of the
Weimar Republic
The Weimar Republic (german: link=no, Weimarer Republik ), officially named the German Reich, was the government of Germany from 1918 to 1933, during which it was a constitutional federal republic for the first time in history; hence it is ...
, sometimes for no reason other than to allow the government to act when it was unable to obtain a
parliamentary majority
A majority government is a government by one or more governing parties that hold an absolute majority of seats in a legislature. This is as opposed to a minority government, where the largest party in a legislature only has a plurality of seats. ...
.
After 27 February 1933,
Reichstag fire, an attack blamed on the
communists
Communism (from Latin la, communis, lit=common, universal, label=none) is a far-left sociopolitical, philosophical, and economic ideology and current within the socialist movement whose goal is the establishment of a communist society, a s ...
,
Adolf Hitler
Adolf Hitler (; 20 April 188930 April 1945) was an Austrian-born German politician who was dictator of Nazi Germany, Germany from 1933 until Death of Adolf Hitler, his death in 1945. Adolf Hitler's rise to power, He rose to power as the le ...
declared a state of emergency using Article 48, and then had President
Paul von Hindenburg
Paul Ludwig Hans Anton von Beneckendorff und von Hindenburg (; abbreviated ; 2 October 1847 – 2 August 1934) was a German field marshal and statesman who led the Imperial German Army during World War I and later became President of Germany fr ...
sign the Reichstag Fire Decree, which suspended some of the basic
civil liberties provided by the
Weimar Constitution (such as habeas corpus, freedom of expression, Freedom of speech, freedom of the speech, the Freedom of assembly, freedom to assemble or the privacy of communications) for the whole duration of the Third Reich.
On 23 March, the Reichstag enacted the Enabling 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 by Nazi Germany, but it effectively became inoperable after the passage of the Enabling Act.
These two laws implemented the ''Gleichschaltung'', the Nazis' institution of totalitarianism.
In the postwar Federal Republic of Germany the ''German Emergency Acts, Emergency Acts'' state that some of the basic constitutional rights of the Basic Law for the Federal Republic of Germany, Basic Law may be limited in case of a State of Defence (Germany), state 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-called ''extra-parliamentary opposition'' (see German student movement#Emergency Acts, German student movement for details).
Hong Kong SAR
During a state of war or turmoil which threatens national security or unity, and which the Standing Committee of the National People's Congress believes is beyond the control of the local government, the Standing Committee can invoke Article 18 of the Hong Kong Basic Law and declare a "State of Emergency" in Hong Kong; thus, the Central People's Government can selectively implement Law of the People's Republic of China, national laws not normally allowed in Hong Kong.
Deployment of troops from the Hong Kong Garrison, People'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.
The Chief Executive of Hong Kong along with the Executive Council of Hong Kong, Executive Council can prohibit public gatherings, issue curfew orders, prohibit the movement of vessels or aircraft, delegate authority, and other listed powers, under "Cap. 245 Public Order Ordinance".
Although the People'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".
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:
* Seamen's strike of 1922 – Enactment of the Emergency Regulations Ordinance, 1922 within one day on 28 February 1922
* Canton-Hong Kong strike 1925 – with involvement of police and soldiers from multiple nations
* Japanese people in Hong Kong#Anti-Japanese riots of 1931, Anti-Japanese riot of 1931 – with involvement of Hong Kong Police Force, Hong Kong Police and British Forces Overseas Hong Kong, British Armed Forces
* Hong Kong 1956 riots – with involvement of British Armed Forces and Hong Kong Police
* Hong Kong 1966 riots – with involvement of British Armed Forces and Hong Kong Police
* Hong Kong 1967 Leftist Riots – with involvement of British Armed Forces and Hong Kong Police
* Hong Kong 1981 riots – with involvement of Hong Kong Police
2005 WTO Conference Protests– with involvement of Hong Kong Police and Anti-globalization movement, anti-globalization protesters led by Hong Kong People's Alliance on WTO from 148 countries
* 2014 Hong Kong protests – with involvement of Hong Kong Police
* 2016 Mong Kok civil unrest – with involvement of Hong Kong Police
* 2019–20 Hong Kong protests – with involvement of Hong Kong Police
On 4 October 2019, Carrie Lam, the Chief Executive of Hong Kong S.A.R., invoked Section 2(1) within "Cap. 241 Emergency Regulations Ordinance" implemented since 1922 and last amended by the Legislative Council in 1999, which allow the government to implement the new, "Cap. 241K Prohibition on Face Covering Regulation". 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. Offenders risked a maximum of one-year imprisonment or a fine of HK$25,000 (US$3,200).
The High 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 by pro-democrats to halt the new regulation also failed, however, the court recommended a judicial review at a later date.
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.
On 22 November 2019, the High Court made the following remark:
Nevertheless, we recognise 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.
On 26 November 2019, the High Court announced hearing for the government appeal against the judgement is on 9 January 2020.
On 27 November 2019, the Court of Appeal extended the interim suspension of the judgment until 10 December 2019.
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.
Hungary
According to the Constitution of Hungary, Hungarian Constitution, the National 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
The Constitution of Iceland, Icelandic constitution provides no mechanism for the declaration of war, martial law nor state of emergency.
India
The State of Emergency can be proclaimed by the President of India, when he/she perceives grave threats to the nation, albeit through the advice of the Union Council of Ministers. Part XVIII of the Constitution of India gives the President the power to overrule many provisions, including the ones guaranteeing fundamental rights to the citizens of India
In India, a state of emergency was declared twice:
# Between 26 October 1962 to 10 January 1968 during the Sino-Indian War—the security of India having been declared "threatened by external aggression".
# Between 3 December 1971 to 21 March 1977 originally proclaimed during the Indo-Pakistani War of 1971, Indo-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 as The Emergency (India), the Emergency, was declared by the then President Fakhruddin Ali Ahmed on advice of then Prime Minister, Indira Gandhi. The provisions of the Constitution allows the Prime Minister to rule by decree.
Ireland
In the Republic of Ireland declaring a state of "national emergency" involves Article 28.3.3° of the 1937 Constitution of Ireland, which states that:
In addition, during a "war or armed rebellion", military tribunals may try civilians, and the Defence Forces (Ireland), Defence Forces are not bound by habeas corpus.
The First Amendment of the Constitution of Ireland, First Amendment of the Constitution of 1939 allows an emergency to be declared during wars in which the state is a non-belligerent, subject to resolution (law), resolutions by the houses of the Oireachtas. By the Second Amendment of the Constitution of Ireland, 2nd Amendment of 1941, an emergency ends, not automatically when the war does, but only by Oireachtas resolutions. The Twenty-first Amendment of the Constitution of Ireland, 21st Amendment of 2002 prevents the Capital punishment in Ireland, reintroduction of capital punishment during an emergency.
The first amendment was rushed through the Oireachtas after the outbreak of the Second World War, in which Irish neutrality during World War II, the state remained neutral. Immediately after, the required resolution was passed, in turn enabling the passage of the Emergency Powers Act 1939 (EPA), which granted the government of Ireland, government and its ministers sweeping powers to issue statutory orders termed "Emergency Powers Orders" (EPOs). (The period in Ireland was and is referred to as "The Emergency (Ireland), 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.
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 to the Troubles in Northern Ireland and in particular the recent assassination of the British ambassador to Ireland, Christopher Ewart Biggs. The Emergency Powers Act 1976 was then passed to increase the Garda Síochána powers to arrest, detain, and question those suspected of Offences against the State Acts 1939–1998, offences against the state. President Cearbhall Ó Dálaigh referred the bill under Article 26 of the Constitution of Ireland, Article 26 of the Constitution to the Supreme Court of Ireland, Supreme Court, which upheld its constitutionality. The referral was condemned by minister Paddy 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 the Northern Ireland peace process it was rescinded as a "confidence building measure" to satisfy physical force Irish republicanism, physical force republicans after the Provisional Irish Republican Army campaign#The ceasefires, Provisional IRA's 1994 ceasefire.
The Offences against the State Acts 1939–1998, Offences against the State Act does not require a state of emergency under Article 28.3.3°.
Part V of the Act, which provides for a non-jury Special Criminal Court (SCC), is permitted under Article 38.3.1°.
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 of Dáil Éireann. Provision for internment is similarly activated and rescinded (originally by Part VI of the 1939 act, later by Part II of a 1940 amending act).
[; ] Parts V and VI were both activated during the Second World War and the IRA's late 1950s Border Campaign (Irish Republican Army), Border Campaign; Part V has been continually active since 1972.
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.
Israel
The Israeli state of emergency, authorized by the Defence (Emergency) Regulations, Emergency Defence Regulations, is older than the state itself, having been passed under the Mandate for Palestine, British Mandate for Palestine in 1945. A repeal was briefly considered in 1967 but cancelled following the
Six-Day War
The Six-Day War (, ; ar, النكسة, , or ) or June War, also known as the 1967 Arab–Israeli War or Third Arab–Israeli War, was fought between Israel and a coalition of Arab states (primarily Egypt, Syria, and Jordan) from 5 to 10 Ju ...
. The regulations allow Israel, through Israeli Defense Forces, its military, to control movements and prosecute suspected terrorists in Israeli-occupied territories, occupied territories, and to censor publications that are deemed prejudicial to national defense.
Italy
In Italy, the state of emergency planned by the legal system is implemented by the Council of Ministers of Italy, Council of Ministers, without the need of a parliamentary vote, due to the Law n. 225 of 1992 on Protezione Civile, Civil Protection. Moreover, the Article 120 of the Constitution of Italy, Constitution 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. For other emergency, such as a war, a parliamentary vote is required to give extraordinary powers to the government.
The Italian Parliament, Parliament of Italy can also give extraordinary powers to the government in case of health emergency, as it occurred during the COVID-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.
Macau SAR (China)
The Standing Committee of the National People's Congress can declare a state of emergency and deploy troops from the People's Liberation Army Macau Garrison under the Article 14 of Macao Basic Law, Macau's Basic Law on the defence of the Macau, Macau Special Administrative Region.
Since 1999 no emergency measure have been enacted. Prior to 1999 emergency measures have been used for 1 major incident:
* 12-3 incident (1966) – with
martial law
Martial law is the imposition of direct military control of normal civil functions or suspension of civil law by a government, especially in response to an emergency where civil forces are overwhelmed, or in an occupied territory.
Use
Marti ...
invoked and involvement of Portuguese Army, Portuguese troops
Malaysia
In Malaysia, if the Yang 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.
A state of emergency was declared by the then-British Malaya, colonial government of Britain from 1948 until 1960 to deal with an Malayan Emergency, insurgency of Malayan Communist Party, communists led by Chin Peng.
States of emergency were also declared during the ''Indonesia-Malaysia confrontation, Konfrontasi'' in 1962, the 1966 Sarawak constitutional crisis and the 1977 Kelantan Emergency.
When a May 13 incident, race riot broke out on 13 May 1969, a state of emergency was declared.
Amid 2005 Malaysian haze, severe haze on 11 August 2005, a state of emergency was announced for the world's 13th-largest port, Port Klang and the district of Kuala Selangor after air pollution there reached dangerous levels (defined as a value greater than 500 on the Air Pollution Index or API).
Thierry Rommel, the European Commission's envoy to Malaysia, told Reuters by telephone on 13 November 2007 (the last day of his mission) that, "Today, this country still lives under (a state of) emergency." 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 Minister Najib Razak for Muar and Ledang, Johor as severe 2013 Southeast Asian haze, Southeast 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.
On 12 January 2021, a 2021 Malaysian state of emergency, nationwide state of emergency was declared by the Yang di-Pertuan Agong Abdullah of Pahang in response to the COVID-19 pandemic in Malaysia, at the request of Prime Minister Muhyiddin Yassin. The state of emergency is planned to end on 1 August 2021. The declaration included the suspension of Parliament of Malaysia, parliament and Elections in Malaysia, elections, and came amid 2020–21 Malaysian political crisis, political instability. On 25 February 2021, Yang di-Pertuan Agong announced that the parliament can be convened during the state of emergency.
Maldives
A state of emergency was declared on 26 December 2004, following the 2004 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 President Abdulla Yameen for 15 days and ordered security forces into the Supreme Court of the Maldives and arrested former president Maumoon Abdul Gayoom and the Chief Justice of the Maldives.
Namibia
Namibia last declared a state of emergency due to an ongoing drought in 2016.
New Zealand
The Civil Defence Emergency Management Act 2002 gives the Government of New Zealand and Local government in New Zealand, local-body councils the power to issue a state of emergency, either over the entire country or within a specific Regions of New Zealand, region. 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, the Minister of Civil Defence (New Zealand), Minister of Civil Defence or a Mayors in New Zealand, local 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 Defence Peeni Henare declared a state of national emergency in response to the total cases of Coronavirus disease 2019, COVID-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 a Stay-at-home order, nationwide lockdown. This also provided access to special powers to combat COVID-19 pandemic in New Zealand, COVID-19, including powers of requisition and closing roads and restricting movement. Director of Civil Defence Emergency Management Sarah Stuart-Black said these powers sat alongside other powers to ensure essential services could stay up and running. The state of national emergency was renewed four times, to last for a total of five weeks.
* On 23 February 2011 at 11.28 am the Minister of Civil Defence John Carter (New Zealand politician), John Carter declared the first state of national emergency (for a civil-defence emergency) in New Zealand's history in response to the 22 February 2011 Christchurch earthquake.
A local state of emergency was declared by mayors of Christchurch, Christchurch City, Selwyn District and Waimakariri District following 4 September 2010 Canterbury earthquake.
* In 1951, the Sidney Holland, Holland government issued emergency regulations in response to that year's 1951 New Zealand waterfront dispute, waterfront dispute.
Nigeria
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 the Islamic terrorism, Islamic terrorist group Boko Haram.
On 14 May 2013, Goodluck Jonathan declared a state of emergency for the entire northeastern states of Borno State, Borno, Yobe and Adamawa State, Adamawa. A more limited state of emergency had been declared on 31 December 2011 in parts of Yobe, Borno, Plateau State, Plateau and Niger State, Niger states. This earlier declaration included the temporary shutdown of the international borders in those regions.
Pakistan
In Pakistan, a state of emergency was declared five times in its history:
* In 1958 by President Iskander Mirza
* In 1969 by President General Yahya Khan
* In 1977 by President General Muhammad Zia-ul-Haq
* In 1998 by President Muhammad Rafiq Tarar
* In 2007 Pakistani state of emergency, 2007 by President General Pervez Musharraf
The first three were regarded as the imposition of direct martial law.
Philippines
There are several situations that calls for various levels of government action in the Philippines. The Constitution of the Philippines, constitution alludes to these:
* State of war: Declared by Manuel L. Quezon in 1941 after the United States' entry during
World War II
World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposing ...
and lead to its Japanese occupation of the Philippines, occupation by Empire of Japan, Japanese forces.
* Martial law in the Philippines, State of martial law: Six declarations in history (Philippine Revolution, 1896, Dictatorial Government of the Philippines, 1898, Philippines campaign (1944–45), 1944–45, Martial law under Ferdinand Marcos, 1972–1981, Maguindanao massacre, 2009 and Proclamation No. 216, 2017–2019)
These are not specified in the constitution, but were nevertheless declared at least once:
* State of rebellion: Last declared in 2003 due to the Oakwood mutiny
* State of emergency: Last two declarations were in 2006 state of emergency in the Philippines, 2006 and Proclamation No. 55, 2016–present.
* State of public health emergency: Last declared in 2020 due to the COVID-19 pandemic in the Philippines.
* State of calamity (Philippines), State of calamity: Last national declaration was in 2020–21 due to the COVID-19 pandemic in the Philippines and later, the outbreak of African swine fever virus in several provinces and regions of the country. Local government in the Philippines, Local governments are also permitted to declare local states of calamity in their areas hit by natural disaster, natural and Anthropogenic hazard, man-made disasters.
Portugal
The current Constitution of Portugal empowers the President of Portugal, President of the Republic
to declare a state of siege ( pt, estado de sítio) or a state of emergency ( pt, 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.
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 the right to life, to personal integrity, Right to personal identity, to personal identity, to civil capacity and citizenship, Ex post facto law, the non-retroactivity of criminal law, the right to a fair trial, or the Freedom of thought, freedom of conscience and Freedom of religion, religion.
They also may not affect the constitutionally-defined competences and mode of operation of the entities that exercise sovereignty. The Assembly of the Republic (Portugal), Assembly of the Republic may not be dissolved while a state of siege or a state of emergency is in force,
nor can the Constitution itself be subject to amendment.
Before declaring a state of siege or a state of emergency, the President is required to consult with the Government of Portugal, Government and request authorisation to do so from the Assembly of the Republic (Portugal), Assembly of the Republic.
During the Third Portuguese Republic, the only two times such states of exceptional suppression of constitutional provisions were declared were during the Coup of 25 November 1975, failed left-wing coup d'état of 25 November 1975 (state of siege, within the confines of the Lisbon Military Region), and during the COVID-19 pandemic in Portugal, COVID-19 pandemic (state of emergency, in the entirety of the Portuguese territory).
Within the remit of the basic law of Civil defense, civil protection services ( pt, Lei de Bases da Protecção Civil), the Prime Minister of Portugal, prime minister can, through a Resolution of the Council of Ministers (Portugal), Council of Ministers and without the need of parliamentary approval or presidential promulgation, decree a situation of calamity ( pt, situação de calamidade). Lesser exceptional statuses, the situation of contingency ( pt, situação de contingência) and the situation of alert ( pt, situação de alerta) in descending order of importance, can also be set in motion by other civil protection authorities or President of the Municipal Chamber, Mayors.
These three situations allow for some extraordinary measures and special restrictions, but not the suspension of constitutional rights and freedoms.
Poland
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 order has been threatened. public. 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 Seym 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
In Romania, there are two types of states of emergency, each designed for a different type of situation.
* State of alert (''Stare de alertă'' in Romanian language, Romanian): 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. Only Emergency medical services, EMS, Romanian Police, Police and firefighting personnel are required to intervene. This situation can be enforced in case of natural disasters or
civil unrest
Civil disorder, also known as civil disturbance, civil unrest, or social unrest is a situation arising from a mass act of civil disobedience (such as a demonstration, riot, strike, or unlawful assembly) in which law enforcement has difficulty ...
.
* State of emergency (''stare de urgentă'' in Romanian): Can only be enforced by the President of Romania with approval from Parliament of Romania, Parliament. The Military of Romania, military becomes the upper form of control in the country (under the rule of the president). The civilian population is subject to strict regulations, imposed by the type of emergency. All private and public non-crucial activities are suspended. 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 and Romanian riot police, gendarmes/ 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.
[Silviu Molnar]
Security Zone in Pungesti Heavily Criticized by European Greens
''Natural Gas Europe'', 19 December 2013, Retrieved 23 December 2013
The most well-known event in which the state of emergency has been enforced was because of 1977 Vrancea earthquake.
The last instance in which the ''special zone of public safety'' was enforced was on 8 December 2013-ongoing, in Pungești, Vaslui following 2012–13 Romanian protests against shale gas, civil unrest in Pungești from Chevron Corporation, Chevron's plans to begin exploring Shale gas in Romania, shale-gas in the village. 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.
This special security zone has faced domestic and international criticism for alleged Human rights in Romania, human-rights abuses.
Russia
Sierra Leone
Sierra Leone declared, on 7 February 2019, a State of Emergency due to ongoing rape and sexual violence in the country. On 24 March 2020, a 12 month state of emergency was declared by (Rtd) Brigadier Julius Maada Bio, Julius Madaa Bio due to the COVID-19 pandemic in Sierra Leone, COVID-19 pandemic.
South Africa
States of emergency in South Africa are governed by section 37 of the Constitution of South Africa, Constitution and by the State of Emergency Act, 1997. The President of South Africa, president 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 by proclamation in the ''Government Gazette of South Africa, Government Gazette'' and may only apply from the time of publication, not retroactively. It can only continue for 21 days unless the National Assembly of South Africa, National Assembly grants an extension, which may be for at most three months at a time. The High Courts of South Africa, High Courts have the power, subject to confirmation by the Constitutional Court of South Africa, Constitutional Court, to determine the validity of the declaration of a state of emergency.
During a state of emergency the President 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 the Bill of Rights (South Africa), Bill 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 of Parliament of South Africa, Parliament or the provincial legislature (South Africa), provincial legislatures. The courts have the power to determine the validity of any emergency measure.
The constitution places strict limits on any detention 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 the ''Government 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 to prisoners of war in an international conflict; instead they must be treated in accordance with the Geneva Conventions and other international law.
Spain
In Spain, there are three degrees of state of emergency (''estado de emergencia'' in Spanish): ''State of Alarm, alarma'' (alarm or alert), ''excepción'' (exception[al circumstance]) and ''sitio'' (siege). They are named by the Spanish Constitution of 1978, constitution, which limits which rights may be suspended, but regulated by the
Ley Orgánica 4/1981 (Organic Law (Spain), Organic Law).
On 4 December 2010, the first state of alert was declared following the Spanish air traffic controllers strike, air traffic controllers strike. It was the first time since the Francoist Spain, Francisco Franco's regime that a state of emergency was declared. The second state of alert was declared on 14 March 2020 due to the COVID-19 pandemic in Spain, coronavirus pandemic. The third state of alert was declared before the end of October 2020 given the difficulties to control the spread of said pandemic.
Sri Lanka
In Sri Lanka, the President of Sri Lanka, president is able to proclaim emergency regulations under the ''Public Security Ordinance'' in the Constitution of Sri Lanka, constitution in order to preserve public security and public order; suppression of mutiny,
riot or civil unrest, civil commotion; or maintenance of supplies and services essential to the life of the community. These regulations last for one month unless confirmed otherwise by Parliament of Sri Lanka, Parliament.
Switzerland
According to Art. 185 of the Swiss Federal Constitution The Swiss Federal Council, Federal Council (Bundesrat) can call up in their own competence military personnel of maximum 4000 militia 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 to Federal Assembly (Switzerland), parliamentary 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
An emergency prevailed in Syria from 1962 to 2011. Originally predicated on the Arab–Israeli conflict, conflict 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 the Syrian Civil War. Under the Constitution of Syria, 2012 constitution, the President of Syria, president may pass an emergency decree with a 2/3 concurrence of his ministers, provided that he presents it to the People's Assembly of Syria, People's Assembly for constitutional review.
Trinidad and Tobago
Sections 7 though 12 of the Constitution set out the legal basis for declaring that a state of emergency exists. The President of Trinidad and Tobago, president, under the advise of the Prime Minister of Trinidad and Tobago, prime 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 the House of Representatives (Trinidad and Tobago), House 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 the Senate (Trinidad and Tobago), Senate.
A state of emergency was declared in 1990 during the Black Power Revolution by then Prime Minister Eric Williams. During the Jamaat al Muslimeen coup attempt, attempted state coup by the Jamaat al Muslimeen against the NAR government of the then Prime Minister A. N. R. Robinson, 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 the List of Speakers of the House of Representatives of Trinidad and Tobago, Speaker of the House Occah Seepaul by Prime Minister Patrick Manning during a constitutional crisis. 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.
On 22 August 2011 at 8:00 pm, Prime Minister, Kamla 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. The decision of the President, George Maxwell Richards, to issue the proclamation for the state of emergency was debated in Parliament of Trinidad and Tobago, the 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 Minister, Keith Rowley, declared a state of emergency following a mass surge in the number of deaths and COVID-19 infections, no hospital beds being available and a lack of COVID-19 vaccine, COVID‑19 vaccines in dealing with a rapid and deadly spread of the COVID-19 pandemic in Trinidad and Tobago,
noted as being one of the worst in the world.
On 24 August, the Parliament extended the state of emergency for a further three months.
Turkey
Since the foundation of the Republic of Turkey in 1923 the Turkish Armed Forces, military conducted three coup d'état, ''coups d'état'' and announced
martial law
Martial law is the imposition of direct military control of normal civil functions or suspension of civil law by a government, especially in response to an emergency where civil forces are overwhelmed, or in an occupied territory.
Use
Marti ...
. 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 President Recep Tayyip Erdoğan on 20 July 2016 following a 2016 Turkish coup d'état attempt, failed coup attempt on 15 July 2016 by a faction of the country's armed forces. It was lifted on 18 July 2018.
United Kingdom
In the United Kingdom, only the British Sovereign, on the advice of the Privy Council of the United Kingdom, Privy Council, or a Minister of the Crown in exceptional circumstances, has the power to introduce emergency regulations under the Civil Contingencies Act 2004, in case of an emergency, broadly defined as war or attack by a foreign power, Terrorism in the United Kingdom, 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 by Parliament of the United Kingdom, Parliament.
A state of emergency was last invoked in 1974 by Prime Minister Edward Heath in response to increasing industrial action.
The act grants wide-ranging powers to central and local government in the event of an emergency. It allows the modification of primary legislation by emergency regulation, with the exception of the Human Rights Act 1998 and Part 2 of the Civil Contingencies Act 2004.
United States
The United States Constitution implicitly provides some emergency powers in the article about the executive power:
* United States Congress, Congress may authorize the government to call forth the militia to execute the laws, suppress an insurrection or repel an Invasion of the United States, invasion.
* Congress may authorize the government to suspend consideration of writs of ''Habeas corpus in the United States, habeas corpus'' "when in cases of rebellion or invasion the public safety may require it."
* Felony charges may be brought without presentment or grand jury indictment in cases arising "in the militia, when in actual service in time of war or public danger."
* A State governments of the United States, state 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. The National Emergencies Act regulates this process at the federal level. It requires the President of the United States, President 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.
A state Governor (United States), governor or local mayor may declare a state of emergency within his or her jurisdiction. This is common at the state level in response to natural disasters. The Federal Emergency Management Agency maintains a system of assets, personnel and training to respond to such incidents. For example, on 10 December 2015, Washington (state), Washington state Governor Jay Inslee declared a state of emergency due to flooding and landslides caused by heavy rains.
The 1977 International 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 of Iran. Another ongoing national emergency, declared after the September 11 attacks, authorizes the president to retain or reactivate military personnel beyond their normal term of service.
Venezuela
Examples
Active in 2022
* On 5 January 2022, Kazakhstan’s President Kassym-Jomart Tokayev declared a state of emergency due to the 2022 Kazakh protests.
* On 6 February 2022,
Ottawa’s Mayor Jim Watson (Canadian politician), Jim Watson declared a state of emergency due to the Freedom Convoy 2022, Freedom Convoy protests.
* On 11 February 2022, Ontario Premier Doug Ford declared a state of emergency due to the Canada convoy protest, Freedom Convoy protests.
* On 23 February 2022, Ukraine announced in response to the 2022 Russian invasion of Ukraine, Russian invasion of its territory that it would declare a nationwide state of emergency, excluding the occupied territories in Donbas. On the same day, Russia began to evacuate its embassy in Kyiv 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 in Russia and Belarus.
* 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 April 2022, Sri Lanka’s President Gotabaya Rajapaksa declared a state of emergency due to the 2022 Sri Lankan protests.
* On 14 April 2022, Georgia (U.S. state), Georgia's Governor Brian Kemp declared a state of emergency due to supply chain disruptions and the COVID-19 pandemic.
* On 16 May 2022, Poland Ministry of Health (Poland), Minister of Health Adam Niedzielski declared a state of epidemic threat for COVID-19 pandemic in Poland, COVID-19.
* On 24 May 2022, Hungary declared a state of emergency due to economic impact of the Russian invasion on Ukraine.
* On 18 June 2022, Ecuador declared a state of emergency due to the 2022 Ecuadorian protests.
* On 2 July 2022, Uzbekistan declared a state of emergency due to the 2022 Karakalpak protests.
* On 4 July 2022, Italy declared a state of emergency on five northern regions, due to a severe drought, one of the worst of the decade.
* On 11 July 2022, Portugal declared a state of emergency due to forest fires.
* On 15 July 2022, the UK declared a national emergency following extreme Red Weather Heatwave warnings that indicated a danger to life.
* On 28 July 2022, Kentucky Governor Andy Beshear declared a state of emergency due to July 2022 United States floods, historic flooding in Eastern Kentucky.
* On 25 August, Pakistan declared a state of emergency because of the 2022 Pakistan floods, flooding.
Active in 2021
*On 1 February 2021, following 2021 Myanmar coup d'état, a military coup in Myanmar, Min Aung Hlaing, Commander-in-Chief of Defence Services, Commander-in-Chief of Armed Forces of Myanmar and its new Supreme leader, State Leader, declared a state of emergency lasting one year.
* On 15 May 2021, following a mass surge in the number of deaths and COVID-19 infections, no hospital beds being available and a lack of COVID-19 vaccine, COVID‑19 vaccines, List of prime ministers of Trinidad and Tobago, Prime Minister of Trinidad and Tobago Keith Rowley, declared a state of emergency due to the rapid and deadly spread of the COVID-19 pandemic in Trinidad and Tobago,
noted as being one of the worst in the world.
*On 2 September 2021, Poland declared a state of emergency in the terrain surrounding Belarus–Poland border. The request was motivated by – according to government – possible threats to security and public order in part of the territory of Poland. It covered 183 localities near the Belarusian border: 115 in Podlaskie Voivodeship and 68 in Lublin Voivodeship
*On 15 September 2021, Alberta declared a state of public health emergency to protect their health care system that became in crisis because of COVID-19 pandemic in Alberta, COVID-19.
*On 2 November 2021, Ethiopia declared a state of emergency aimed to protect civilians from atrocities being committed by the Tigray People's Liberation Front in several parts of the country.
*On 10 November 2021, Lithuania declared a state of emergency in the border region of Belarus–Lithuania border, Belarus-Lithuania border due to the 2021 Belarus–European Union border crisis.
*On 11 December 2021, Kentucky Governor Andy Beshear declared a state of emergency for parts of western Kentucky due to the Tornado outbreak of December 10–11, 2021.
Active in 2020
* On 9 October 2020, Kyrgyzstan's President Sooronbay Jeenbekov declared a state of emergency due to the 2020 Kyrgyzstan protests.
* On 25 August 2020, Wisconsin's Governor Tony Evers declared a state of emergency due to Kenosha unrest.
* On 18 August 2020, California's Governor Gavin Newsom declared a state of emergency because of the 2020 California wildfires, multiple wildfires being battled across the state.
* On 5 August 2020, Lebanon's Prime Minister Hassan Diab declared a state of emergency after the 2020 Beirut explosion.
* On 6 July 2020, Georgia (U.S state), Georgia Governor Brian Kemp declared a state of emergency for the George Floyd protests.
* On 31 May 2020, Missouri Governor Mike Parson declared a state of emergency for the George Floyd protests.
* On 31 May 2020, Georgia (U.S state), Georgia Governor Brian Kemp declared a state of emergency for the George Floyd protests.
* On 31 May 2020, Texas Governor Greg Abbott declared a state of emergency for the George Floyd protests.
* On 31 May 2020, Virginia Governor Ralph Northam declared a state of emergency for the George Floyd protests.
* On 31 May 2020, Arizona Governor Doug Ducey declared a state of emergency for the George Floyd protests.
* On 28 May 2020, Minnesota Governor Tim Walz declared a state of emergency for the George Floyd protests.
* On 9 April 2020, Botswana President of Botswana, President Mokgweetsi Masisi declared a state of emergency due to the COVID-19 pandemic in Botswana, COVID-19 pandemic.
* On 7 April 2020, Japan Prime Minister Shinzo Abe declared a national emergency for the COVID-19 pandemic in Japan, COVID-19 pandemic.
* On 25 March 2020, Ministry of Civil Defence & Emergency Management (New Zealand), New Zealand Minister for Civil Defence Peeni Henare declared a National State Of Emergency for COVID-19 pandemic in New Zealand, COVID-19.
* On 25 March 2020, Prime Minister of Thailand Prayut Chan-o-cha declared a state of emergency for COVID-19 pandemic in Thailand, COVID-19.
* On 22 March 2020, Nova Scotia Premier of Nova Scotia, Premier Stephen McNeil declared a state of emergency for COVID-19 pandemic in Nova Scotia, COVID-19.
* On 21 March 2020, Kyrgyzstan Prime Minister of Kyrgyzstan, Prime Minister Mukhammedkalyi Abylgaziev declared a state of emergency for COVID-19 pandemic in Kyrgyzstan, COVID-19.
* On 20 March 2020, Poland Ministry of Health (Poland), Minister of Health Łukasz Szumowski declared a State of the epidemic (Poland), state of the epidemic for COVID-19 pandemic in Poland, COVID-19.
* On 19 March 2020, Morocco, Moroccan Interior Minister Abdelouafi Laftit declared a "state of health emergency" for COVID-19 pandemic in Morocco, COVID-19, to take effect the following day (20 March).
* On 18 March 2020, Luxembourg List of prime ministers of Luxembourg, Prime Minister Xavier Bettel declared a state of emergency for COVID-19 pandemic in Luxembourg, COVID-19.
* On 18 March 2020, Portugal President of Portugal, President Marcelo Rebelo de Sousa declared a state of emergency for COVID-19 pandemic in Portugal, COVID-19. It was renewed twice (2 April and 17 April) in the constitutionally-mandated 15-day periods, lasting until 1 minute before midnight on 2 May 2020. Beginning midnight, 3 May 2020, the country is now in a "situation of calamity" ( pt, situação de calamidade), a different status enshrined in the Basic Law of Civil defense, Civil 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.
* On 18 March 2020, North Macedonia President of North Macedonia, President Stevo Pendarovski declared a state of emergency for COVID-19 pandemic in North Macedonia, COVID-19.
* On 17 March 2020, Alberta Premier Jason Kenney declares public health emergency for COVID-19 pandemic in Alberta, COVID-19.
* On 17 March 2020, Ontario Premier Doug Ford declared a state of emergency for COVID-19 pandemic in Ontario, COVID-19.
* On 17 March 2020, President of the Philippines, Philippine President Rodrigo Duterte declared all of the Philippines to be in a state of calamity following a dramatic rise in cases of COVID-19 pandemic in the Philippines, COVID-19.
* On 16 March 2020, Government of Armenia declared a state of emergency for COVID-19 pandemic in Armenia, COVID-19.
* On 15 March 2020, President of Serbia Aleksandar Vučić declared a state of emergency for COVID-19 pandemic in Serbia, COVID-19.
* On 15 March 2020, President of Kazakhstan Kassym-Jomart Tokayev declared a state of emergency for COVID-19 pandemic in Kazakhstan, COVID-19.
* On 14 March 2020, Quebec Premier Francois Legault declares public health emergency for COVID-19 pandemic in Quebec, COVID-19.
* On 14 March 2020, Poland Ministry of Health (Poland), Minister of Health Łukasz Szumowski declared a state of epidemic threat for COVID-19 pandemic in Poland, COVID-19.
* On 13 March 2020, Prime Minister of Spain Pedro Sánchez announced the declaration of the state of emergency in the nation for a period of 15 days, to become effective next day after the approval of the Council of Ministers (Spain), Council of Ministers for the COVID-19 pandemic in Spain.
* On 13 March 2020, President of the United States, President Donald Trump declared a national emergency for the ongoing COVID-19 pandemic in the United States, COVID-19 pandemic
** On 13 March 2020, Minnesota Governor Tim Walz declared a state of emergency for COVID-19 pandemic in Minnesota, COVID-19.
** On 13 March 2020, Louisiana Governor John Bel Edwards declared a state of emergency for COVID-19 pandemic in Louisiana, COVID-19.
** On 13 March 2020, Alabama Governor Kay Ivey declared a state of public health emergency for COVID-19 pandemic in Alabama, COVID-19.
** On 12 March 2020, Kansas Governor Laura Kelly declared a state of emergency for COVID-19 pandemic in Kansas, COVID-19.
** On 12 March 2020, Virginia Governor Ralph Northam declared a state of emergency for COVID-19 pandemic in Virginia, COVID-19.
** On 12 March 2020, Wisconsin Governor Tony Evers declared a state of emergency for COVID-19 pandemic in Wisconsin, COVID-19.
** On 11 March 2020, Arizona Governor Doug Ducey declared a state of emergency for COVID-19 pandemic in Arizona, COVID-19.
** On 11 March 2020, New Mexico Governor Michelle Lujan Grisham declared a state of emergency for COVID-19 pandemic in New Mexico, COVID-19.
** On 10 March 2020, Michigan Governor Gretchen Whitmer declared a state of emergency for COVID-19 pandemic in Michigan, COVID-19.
** On 10 March 2020, Massachusetts Governor Charlie Baker declared a state of emergency for COVID-19 pandemic in Massachusetts, COVID-19.
** On 10 March 2020, North Carolina Governor Roy Cooper declared a state of emergency for COVID-19 pandemic in North Carolina, COVID-19.
** On 10 March 2020, Colorado Governor Jared Polis declared a state of emergency for COVID-19 pandemic in Colorado, COVID-19.
** On 9 March 2020, New Jersey Governor Phil Murphy declared a state of emergency for COVID-19 pandemic in New Jersey, COVID-19.
** On 9 March 2020, Ohio Governor Mike Dewine declared a state of emergency for COVID-19 pandemic in Ohio, COVID-19.
** On 8 March 2020, Oregon Governor Kate Brown declared a state of emergency for COVID-19 pandemic in Oregon, COVID-19.
** On 7 March 2020, New York (state), New York Governor Andrew Cuomo declared a state of emergency for COVID-19 pandemic in New York (state), COVID-19.
** On 6 March 2020, Tennessee Governor Bill Lee (Tennessee politician), Bill Lee declared a state of emergency for COVID-19 pandemic in Tennessee, COVID-19.
** On 6 March 2020, Kentucky Governor Andy Beshear declared a state of emergency for COVID-19 pandemic in Kentucky, COVID-19.
** On 5 March 2020, Maryland Governor Larry Hogan declared a state of emergency for COVID-19 pandemic in Maryland, COVID-19.
** On 4 March 2020. California Governor Gavin Newsom declared a state of emergency for COVID-19 pandemic in California, COVID-19.
** On 29 February 2020, Washington (state), Washington Governor Jay Inslee declared a state of emergency for COVID-19 pandemic in Washington (state), COVID-19.
** On 29 February 2020, Florida Governor Ron DeSantis declared a state of emergency for COVID-19 pandemic in Florida, COVID-19.
* On 11 March 2020, Prime Minister of Hungary, Hungarian Prime Minister Viktor Orbán declared a state of emergency for COVID-19 pandemic in Hungary, COVID-19.
* On 3 March 2020, Tennessee Governor Bill Lee (Tennessee politician), Bill Lee declared a state of emergency for the whole state, following the tornado outbreak of March 2–3, 2020.
Past states of emergency
* On 12 January 2021, a national state of emergency was declared by the Yang di-Pertuan Agong of Malaysia Abdullah of Pahang, Al-Sultan Abdullah to curb the spread of COVID-19 pandemic in Malaysia, COVID-19. The state of emergency was lifted on 1 August.
* On 7 January 2021, Japanese Prime Minister of Japan, Prime Minister Yoshihide Suga declared the second state of emergency for the COVID-19 in several Prefectures of Japan, prefectures. It was lifted on 22 March.
* On 14 January 2021, New Mexico's Governor Michelle Lujan Grisham declared a state of emergency in preparation of Inauguration of Joe Biden.
* On 15 January 2021, Maryland's Governor Larry Hogan declared a state of emergency in preparation of Inauguration of Joe Biden.
* On 6 January 2021, Virginia's Governor Ralph Northam declared a state of emergency due to 2021 storming of the United States Capitol.
* On 11 January 2021, outgoing President of the United States, President Donald Trump declared a state of emergency for two weeks in Washington, DC, in preparation of Inauguration of Joe Biden.
* On 15 October 2020, Thailand's Prime Minister Prayuth Chan-ocha declared a state of extreme emergency in Bangkok due to 2020 Thai protests. and was lifted on 22 October.
* On 7 April 2020, Japan Prime Minister of Japan, Prime Minister Shinzō Abe declared a national emergency for the COVID-19 pandemic in Japan, COVID-19.
* On 21 March 2020, Georgia (country), Georgian President of Georgia, President Salome Zurabishvili declared a state of emergency for COVID-19 pandemic in Georgia (country), COVID-19. State of emergency was prolonged for one month on 22 April 2020 and expired on 23 May 2020.
* In November 2019,
New South Wales
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, nickname =
, image_map = New South Wales in Australia.svg
, map_caption = Location of New South Wales in AustraliaCoordinates:
, subdivision_type = Country
, subdivision_name = Australia
, established_title = Before federation
, es ...
, Australia, declared a seven-day state of emergency granting "emergency powers" to fire-fighting agencies due to major bushfires occurring in the state.
* In October 2019, Ecuador declared a 60-day state of emergency after violent protests following the ending of fuel subsidies.
* On 18 October 2019, a state of emergency was declared in the capital of Chile, Santiago, after violent protests broke out in response to the rising cost of living. This state of emergency was later extended to other cities in the country. The state of emergency was lifted on 27 October 2019.
* At midnight on 23 April 2019, a state of emergency was declared across Sri Lanka following 2019 Sri Lanka Easter bombings, multiple bomb attacks on churches, luxury hotels and other locations across the country in which 253 people were killed and more than 500 injured.
After being extended three times, the state of emergency was lifted on 25 August 2019.
* On 15 February 2019, President of the United States, President Donald Trump declared a national emergency on the U.S. border with Mexico to allocate funds towards a Trump wall, border wall.
* In March 2018 a state of emergency was imposed in Sri Lanka in Kandy for 10 days following 2018 anti-Muslim riots in Sri Lanka, clashes between Sinhalese and Muslims.
* In February 2018, Ethiopia declared a six-month long state of emergency following the resignation of Prime Minister Hailemariam Desalegn.
* Following the 2017 Palm Sunday church bombings in
Egypt
Egypt ( ar, مصر , ), officially the Arab Republic of Egypt, is a transcontinental country spanning the northeast corner of Africa and southwest corner of Asia via a land bridge formed by the Sinai Peninsula. It is bordered by the Medit ...
, President of Egypt, President Abdel Fattah el-Sisi declared a nationwide three-month-long state of emergency.
* 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.
* On 21 September 2016, a state of emergency was declared in the U.S. state of North Carolina for riots in Charlotte after a police shooting of a black male.
* On 4 September 2016, a state of emergency was declared in the Philippines by President Rodrigo Duterte via Proclamation No. 55 following the 2016 Davao City bombing, 2 September bombings in Davao City that killed 14 people and seriously wounded at least 60 others.
* On 12 June 2016, following the Orlando 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.
* In May 2016, Venezuela declared a 60-day 2016 state of emergency in Venezuela, state of emergency due to 2014-16 Venezuelan protests, mass protests against the government of President of Venezuela, President Nicolás Maduro, further fueled by the Impeachment process against Dilma Rousseff, impeachment process against Brazilian President Dilma Rousseff, which Maduro believes is the result of an American conspiracy to overthrow him.
* On 22 November 2015, Crimea declared a state of emergency after pylons in Ukraine were blown up leaving 1,896,000 people without power.
* France declared a state of emergency in response to the November 2015 Paris attacks which after five extensions ended in November 2017.
* On 27 April 2015 the U.S. state of Maryland declared a state of emergency and activated the National Guard of the United States, as a direct result of the rioting and widespread physical violence during protesting in Baltimore due to the Death of Freddie Gray.
* In March 2013, Myanmar declared a state of emergency in the city of Meiktila due to ongoing sectarian violence.
*
Egypt
Egypt ( ar, مصر , ), officially the Arab Republic of Egypt, is a transcontinental country spanning the northeast corner of Africa and southwest corner of Asia via a land bridge formed by the Sinai Peninsula. It is bordered by the Medit ...
had been under a nearly-continuous state of emergency since 1967 (interrupted for 18 months in 1980–81); the People's Assembly of Egypt, People's Assembly renewed it every two to three years.
The state of emergency expired on 31 May 2012.
* Tunisia declared state of emergency January 2011, following unrest from economic issues.
* 28 November 2011 – Slovakia declared a state of emergency for numerous hospitals, due to resignation of many Medicare workers.
*21 August 2011 – Trinidad and Tobago, in an attempt to crack down on the trafficking of illegal drugs and firearms, in addition to gangs.
* 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.
* 30 September 2010 – A state of emergency was declared in Ecuador due to a coup by armed forces.
* 11 April 2009 – Thailand's Prime Minister Abhisit Vejjajiva declared a state of emergency in the areas of Pattaya and Chonburi Province, Chonburi, 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 the ASEAN was being held, immediately resulting in its cancellation. Another state of emergency on 12 April 2009, was announced in Bangkok and the surrounding areas, due to an heightened escalation of tension between the government and anti-government protesters, but was later lifted.
* 5 February 2009 – China was in a state of emergency due to extreme droughts in the country.
* January 2009 – Slovakia was in a state of emergency due to 2009 Russia–Ukraine gas dispute, natural gas supply shortage.
* 11 January 2007 – Bangladesh was in a state of emergency due to 2006–2007 Bangladeshi political crisis, electoral violence. This ended on 16 December 2008, when new parliamentary elections were organized.
* 26 November 2008 – In Maharashtra state, India, Maharashtra Government declared a state of Emergency following the 2008 Mumbai attacks.
* 2 September 2008 – A state of emergency was declared in Bangkok by Prime Minister Samak Sundaravej following 2008 Thai political crisis, civil unrest; it was lifted on 14 September 2008.
* 1 July 2008 – Mongolian president Nambaryn Enkhbayar declared a state of emergency in the capital Ulaanbaatar for four days after violent protests against the ex-communist Mongolian People's Party, Mongolian People's Revolutionary Party (MPRP). The MPRP had claimed a majority of seats in the Mongolian legislative election, 2008, 2008 parliamentary elections, but was accused of fraud and vote rigging by the less-successful parties.
* March 2008 – Armenia was in a state of emergency from 2 March 2008 to 20 March 2008, declared by President Robert Kocharyan in response to 2008 Armenian presidential election protests, protests over the Armenian presidential election, 2008, 2008 Armenian presidential elections.
* 3 November 2007 – Pakistan was in a 2007 Pakistani state of emergency, state of emergency from 3 November 2007 to 15 December 2007. President of Pakistan, President Pervez Musharraf declared emergency "to stop Pakistan from committing suicide". He lifted the state of emergency after he resigned from the Pakistan Army, army and took the oath of office as a civilian President of Pakistan.
* 24 February 2006 – the Philippines declared a state of emergency via Philippine Proclamation 1017 for one week until Philippine Proclamation 1021 on 3 March 2006, in response to a supposed coup against President Gloria Macapagal Arroyo's government in the midst of the 20th anniversary of the 1986 People Power Revolution that toppled the rule of Ferdinand Marcos.
* 28 August 2005 - A state of emergency was declared in Louisiana because of Hurricane Katrina. See National Weather Service bulletin for Hurricane Katrina.
* August 2005 – Portugal declares state of emergency, in response to wildfires.
* Mid-August 2005 – Sucumbios and Orellana Province, Orellana, two provinces of Ecuador, because of indigenous protests against oil firms
* 15 April 2005 – Quito, Capital (political), capital of Ecuador due to protests; lifted less than a day later, on 17 April 2005.
* December 2004 – Sri Lanka, Indonesia and Maldives because of the 2004 Indian Ocean earthquake and tsunami, tsunami.
* November 2003 – Georgia (country), Georgia, following weeks of civil unrest.
* August 2003 – Michigan, Ohio, New York (state), New York, United States, and Ontario, Canada, in response to the Northeast blackout of 2003.
* March 2003 – Serbia after assassination of Zoran Đinđić (''vanredno stanje'').
* 15 July 2002 – Paraguay, in response to December 2001 riots (Argentina), public unrest.
* November 2001 – Nepal, in response to increased guerrilla activity.
* 30 November 1999 – The U.S. city of Seattle, Washington, stemming from protest of the World Trade Organization Ministerial Conference of 1999, WTO Ministerial Conference of 1999 and police reaction to it – known as the 1999 Seattle WTO protests.
* May–June 1998 – Indonesia declares state of emergency, due to May 1998 riots of Indonesia.
* 2 March 1997 – The 1997 rebellion in Albania, 1997 unrest in Albania, also known as the Lottery Uprising or Anarchy in Albania, 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 Minister Aleksandër Meksi resigned and on 2 March President Sali Berisha declared a state of emergency.
* 5 August 1995 – Trinidad and Tobago to remove List of Speakers of the House of Representatives of Trinidad and Tobago, Speaker of the House Occah Seapaul who refused to resign.
* Winter 1995 – The U.S. city of Sault Ste. Marie, Michigan, after a severe snowstorm buried the city in of snow.
* April–May 1992 – California, United States. state of emergency was declared by Mayor of Los Angeles, Los Angeles Mayor Tom Bradley (American politician), Tom Bradley in response to the 1992 Los Angeles riots, which were caused by the acquittal of the Los Angeles Police Department officers who had been seen on tape beating Rodney King.
* March 1992 – Republic of Moldova, in response to War of Transnistria.
* 1992 to 2011 – Algeria endures a 19-year state of emergency enacted at the beginning of the Algerian Civil War, 1992 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 2011 Arab Spring.
* August 1991 –
Soviet Union
The Soviet Union,. officially the Union of Soviet Socialist Republics. (USSR),. was a List of former transcontinental countries#Since 1700, transcontinental country that spanned much of Eurasia from 1922 to 1991. A flagship communist state, ...
, enemies of Mikhail Gorbachev's glasnost and perestroika reforms evoked the state of emergency because Gorbachev, according to them, was destroying both communism and the state itself. The coup was led by the acting president of the Soviet Union, Gennady Yanayev.
* July–August 1990 – Trinidad and Tobago declared a state of emergency when a group stormed Parliament and a TV Station holding government officials, including the prime minister, at ransom. See Jamaat al Muslimeen coup attempt
* July 1985 to February 1990 – South Africa, in response to increasing civil unrest and township violence opposing apartheid rule.
* 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 (India), 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 broadly circumscribed.
* 1971 – Queensland, Australia in response to fears over increasing protest over the 1971 Springbok tour
* 1970 to 1972 – Trinidad and Tobago; a state of emergency was declared to deal with the Black Power Revolution which also included a mutiny in the Military.
* 1972 – the United Kingdom in response to increasingly Militant (word), militant industrial action.
* October 1970 – Quebec in response to the
October Crisis
The October Crisis (french: Crise d'Octobre) refers to a chain of events that started in October 1970 when members of the Front de libération du Québec (FLQ) kidnapped the provincial Labour Minister Pierre Laporte and British diplomat James Cr ...
kidnappings of government officials.
* July 1967 – Detroit, United States in response to the 12th Street riot started on Sunday morning during a blind pig Police raid, raid.
* October 1962 – United States in response to the Cuban Missile Crisis.
* 1963 to 2011 – Syria during the Arab–Israeli conflict.
* 1948 to 1960 – Malayan Emergency in Malaysia and Singapore
* 1958 – Malta Colony, Malta due to riots against the colonial government following Prime Minister of Malta, Prime Minister Dom Mintoff's resignation.
* 1950 to 1978 – United States due to the Cold War, specifically the threat of "world conquest by communist imperialism."
* 1948 to 1991 – Republic of China (1912–1949), China declared the state of emergency in response to the communist insurgency during the Chinese Civil War. Temporary Provisions against the Communist Rebellion, Martial law was declared in both Mainland China and Martial law in Taiwan, Taiwan, the latter following the February 28 incident in 1947 but was lifted in 1987. Eventually, Mainland China fell to the victorious Chinese Communist Party, Communists led by Mao Zedong who Proclamation of the People's Republic of China, established the People's Republic of China in 1949.
* 1939 to 1952 – United States due to
World War II
World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposing ...
* 1941 to 1942 – Moscow due to the Battle of Moscow, German advance to within of the city during
World War II
World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposing ...
.
* October 1936 – Second Spanish Republic, Spain in response to the proclamation of the Catalan State (1934), Catalan State and the ongoing Asturian miners' strike of 1934.
[McRoberts, Kenneth. ''Catalonia: Nation Building Without a State.'' Oxford University Press. New York. 2001. pp.36]
* 18 March 1907 – Moldavia and Wallachia in Romania during the 1907 Romanian Peasants' Revolt.
See also
* Arbitrary arrest and detention
* Article 48 (Weimar Constitution)
* Continuity of Government Plan
* Due process
* International humanitarian law
* Search and seizure
* Senate Report 93-549
* Snow emergency
* State of exception
* Unitary executive theory
* Presidential Emergency Action Documents
References
Bibliography
* . Excerpt online
"A Brief History of the State of Exception"
* .
* Walter Benjamin, ''Zur Kritik der Gewalt'' ("Critique of Violence")
* Fabbri, Lorenzo
"Chronotopologies of the Exception. Agamben and Derrida before the Camps" "Diacritics," Volume 39, Number 3 (2009): 77–95.
*
* Carl Schmitt, ''On Dictatorship'' and ''Political Theology''
* .
*
* Rooney, Bryan. 2019. "
mergency powers in democratic states: Introducing the Democratic Emergency Powers dataset. Research & Politics
External links
* United Nations Human Rights Committee
General Comment 29, States of Emergency (article 4), U.N. Doc. CCPR/C/21/Rev.1/Add.11 (2001)The protection of human rights in emergency situations Parliamentary Assembly of the Council of Europe, PACE report (2009)
Opinion on the protection of human rights in emergency situations Venice Commission (2006)
{{Authority control
Constitutional law
Emergency laws,
Emergency management
Government
Inclement weather management
Law enforcement
Dictatorship