State of emergency

Understanding States of Emergency: A Global Overview

A state of emergency is a situation where a government can take actions that would normally be prohibited due to safety and protection concerns for its citizens. This can be declared in response to natural disasters, civil unrest, armed conflict, medical pandemics, or other biosecurity risks. Under international law, rights and freedoms may be suspended during a state of emergency, depending on the severity of the emergency and government policies.

Democracies vs Dictatorships

While democracies use states of emergencies to manage various situations, dictatorial regimes often declare them indefinitely. Martial law is declared when civil rights are severely restricted by military force, and a state of siege is used when certain individuals or groups’ civil rights are curtailed. Civil emergencies deal with disaster areas requiring extraordinary resources.

Abuse and Criticism

The power to decide the initiation of a state of emergency defines sovereignty itself, according to some political theorists like Carl Schmitt. Giorgio Agamben criticized this idea in his book ‘State of Exception,’ arguing that it deprives certain people of their civil and political rights.

Principles for Observing States or De Facto Emergencies

Principles for observing states or de facto emergencies include principles of legality, proclamation, notification, time limitation, exceptional threat, proportionality, non-discrimination, compatibility, concordance, and complementarity of international law norms. Article 4 of the International Covenant on Civil and Political Rights permits derogation from certain rights in ‘time of public emergency,’ but measures must be announced by the state party to the Secretary-General of the United Nations.

Examples Around the World

Argentina’s constitution allows for a state of emergency, which was often abused during dictatorships. Australia has different state-of-emergency legislation for each state, with regions affected by natural disasters declared a State of Emergency to access federal funds.

Global Cases

The concept of a state of emergency has been subject to criticism, with some arguing that it allows for the erosion of civil liberties and human rights. The Biosecurity Act 2015 gives Australia’s Health Minister sweeping powers to declare a national biosecurity emergency, which can lead to restrictions on people and goods movement, evacuations, and other measures.

Other countries, such as Egypt, Ethiopia, France, and Germany, also have laws and provisions that allow for the declaration of states of emergency or emergencies. In recent years, emergency measures have been used in various incidents, including protests, natural disasters, and pandemics.

Conclusion

The state of emergency is a complex tool with significant implications for governance and human rights. While it can be crucial in managing crises, its misuse can lead to severe abuses. Understanding the principles and limitations of states of emergencies is essential for ensuring that they are used responsibly and ethically.