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Wikipedia

State of emergency

November 28, 2023

"Emergency law" redirects here. For the law declaring a state of emergency in Egypt, see Emergency law in Egypt.
"State of siege" redirects here. For the 1972 film, see State of Siege.
"Emergency declaration" redirects here. For the 2021 film, see Emergency Declaration (film).
For other uses, see State of emergency (disambiguation).

A state of emergency is a situation in which a government is empowered to put through policies that it would normally not be permitted to do, for the safety and protection of its citizens. A government can declare such a state during a natural disaster, civil unrest, armed conflict, medical pandemic or epidemic or other biosecurity risk.

Members of the Royal Malay Regiment during the Malayan Emergency in 1949, inspecting equipment captured in a raid

Relationship with international law edit

Under international law, rights and freedoms may be suspended during a state of emergency, depending on the severity of the emergency and a government's policies.

Use and viewpoints edit

Though fairly uncommon in democracies,[clarification needed] dictatorial regimes often declare a state of emergency that is prolonged indefinitely for the life of the regime, or for extended periods of time so that derogations can be used to override human rights of their citizens usually protected by the International Covenant on Civil and Political Rights (ICCPR).[1] In some situations, martial law is also declared, allowing the military 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 (Argentina), two consecutive United Nations Special Rapporteurs, have recommended to the international community to adopt the following "principles" to be observed during a state or de facto situation of emergency: Principles of Legality, Proclamation, Notification, Time Limitation, Exceptional Threat, Proportionality, Non-Discrimination, Compatibility, Concordance and Complementarity of the Various Norms of International Law (cf. "Question of Human Rights and State of Emergency", E/CN.4/Sub.2/1997/19, at Chapter II; see also état d'exception).

Article 4 to the ICCPR, permits states to derogate 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 European Convention on Human Rights[2] and American Convention on Human Rights[3] have similar derogatory provisions. No derogation is permitted to the International Labour Conventions.

Some, such as political theorist and Nazi Party member Carl Schmitt, have argued that the power to decide the initiation of the state of emergency defines sovereignty 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, producing his interpretation of homo sacer.[4]

Graduation edit

In many democratic states there are a selection of legal definitions for specific states of emergency,[5] when the constitution of the State is partially in abeyance depending on the nature of the perceived threat to the general public. In order of severity these may include:

Abuse edit

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 (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 and European Conventions on Human Rights and the International Labour Conventions are monitored by independent expert committees, regional Courts and other State Parties.[6]

Law in selected countries edit

Argentina edit

The Constitution of Argentina, 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.[7] The American Convention on Human Rights (Pacto de San José de Costa Rica), adopted in 1969 but ratified by Argentina only in 1984 immediately after the end of 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 edit

See also: Exceptional circumstances, Biosecurity in Australia, and Biosecurity Act 2015

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.[8]

On 18 March 2020,[9] 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[10] specifies that the governor-general of Australia may declare such an emergency if the Health Minister is satisfied that "a listed human disease is posing a severe and immediate threat, or is causing harm, to human health on a nationally significant scale". This gives the Minister sweeping powers, including imposing restrictions or preventing the movement of people and goods between specified places, and evacuations.[11] The Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) Declaration 2020 was declared by the Governor-General, David Hurley, under Section 475 of the Act.[9]

New South Wales edit

In New South Wales, the NSW Premier 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.[12] 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 5.5 million hectares (14 million acres).[13][14]

Victoria edit

In Victoria, the Victorian Premier can declare a state of emergency under the Public Safety Preservation Act 1958[15] if there is a threat to employment, safety or public order.[16] 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 may revoke it earlier. However, these regulations expire if Parliament 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.[17][18]

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.[19] 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'.[20]

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."[21]

Brazil edit

The current constitution of Brazil[22] allows the president 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 and freedom of assembly 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 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 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 edit

Main articles: War Measures Act, Emergencies Act, and States of emergency in Canada

The federal government of Canada can use the Emergencies Act to invoke a state of emergency. A national state of emergency automatically expires after 90 days, unless extended by the Governor-in-Council.[23] There are different levels of emergencies: Public Welfare Emergency, Public Order Emergency, International Emergency, and War Emergency.[24]

The Emergencies Act replaced the War Measures Act 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, and also by Prime Minister Robert Borden during World War I (from 1914 to 1920, against threat of Communism during the Revolutions of 1917–1923) and by Prime Minister William Lyon Mackenzie King during World War II (from 1942 to 1945, against perceived threat from Japanese Canadians following Imperial Japan's attack on Pearl Harbor).

Under the current Emergency Act a state of emergency can also be declared by provincial, territorial, and municipal governments.[25] 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.[citation needed]

The first usage of the Emergencies Act was invoked by Prime Minister Justin Trudeau on 14 February 2022 in response to the Freedom Convoy 2022 protests that occupied the capital of Ottawa. The Canadian House of Commons voted to approve the invocation 185–151 with support from the Liberal Party and the New Democratic Party and opposition from the Conservative Party and the Bloc Québécois.[26] Prime Minister Trudeau previously considered invoking it at the beginning of the COVID-19 pandemic in April 2020, but faced unanimous disapproval from all thirteen provincial and territorial premiers at the Council of the Federation.[27][28]

Egypt edit

Main article: Emergency law in Egypt

Egyptians lived under an Emergency Law (Law No. 162 of 1958)[29] from 1967 to 2012, except for an 18-month break in 1980 and 1981. The emergency was imposed during the Six-Day War, and reimposed following the assassination of President Anwar Sadat. The law was continuously extended every three years since 1981. Under the law, police powers were extended, constitutional rights suspended and censorship was legalized.[30] 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 prisoners run as high as 30,000.[31] The emergency rule expired on 31 May 2012, and was put back in place in January 2013.[32][33]

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 to help the Interior Ministry enforce security.[34] The announcement made on state TV followed deadly countrywide clashes between supporters of deposed President Mohamed Morsi and the security forces.[35]

Ethiopia edit

Further information: 2021-2022 Ethiopian state of emergency and 2016–2018 Ethiopian state of emergency

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

France edit

 
State of emergency in Paris, November 2015
Main article: States of emergency in 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).[36] 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. 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 edit

The Weimar Constitution (1919–1933)[37] 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, sometimes for no reason other than to allow the government to act when it was unable to obtain a parliamentary majority.

After 27 February 1933, Reichstag fire, an attack blamed on the communists, Adolf Hitler declared a state of emergency using Article 48, and then had President Paul von Hindenburg 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 the speech, the freedom to assemble or the privacy of communications) for the whole duration of the Third Reich.[38] 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.[39] These two laws implemented the Gleichschaltung, the Nazis' institution of totalitarianism.

In the postwar Federal Republic of Germany the Emergency Acts state that some of the basic constitutional rights of the Basic Law may be limited in case of a 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 for details).

Hong Kong SAR edit

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 national laws not normally allowed in Hong Kong.[40] Deployment of troops from the 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.[41]

The Chief Executive of Hong Kong along with the 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".[42]

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".[40]

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

On 4 October 2019, Carrie Lam, the Chief Executive of Hong Kong S.A.R., invoked Section 2(1) of the Emergency Regulations Ordinance[43] implemented since 1922 and last amended by the Legislative Council in 1999, which allow the government to implement the new, Prohibition on Face Covering Regulation.[44] 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.[45] Offenders risked a maximum of one-year imprisonment or a fine of HK$25,000 (US$3,200).[46]

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.[47]

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.[48]

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.[49][50]

On 26 November 2019, the High Court announced hearing for the government appeal against the judgement is on 9 January 2020.[51]

On 27 November 2019, the Court of Appeal extended the interim suspension of the judgment until 10 December 2019.[52][53]

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.[54][55][56]

Hungary edit

According to the 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 edit

The Icelandic constitution provides no mechanism for the declaration of war, martial law nor state of emergency.

India edit

Main article: States of emergency in 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:

  1. Between 26 October 1962 to 10 January 1968 during the Sino-Indian War—the security of India having been declared "threatened by external aggression".[57]
  2. Between 3 December 1971 to 21 March 1977 originally proclaimed during the 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, 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 edit

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:[58]

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

In addition, during a "war or armed rebellion", military tribunals may try civilians,[59] and the Defence Forces are not bound by habeas corpus.[60]

The 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 resolutions by the houses of the Oireachtas.[61] By the 2nd Amendment of 1941, an emergency ends, not automatically when the war does, but only by Oireachtas resolutions.[62] The 21st Amendment of 2002 prevents the reintroduction of capital punishment during an emergency.[63]

The first amendment was rushed through the Oireachtas after the outbreak of the Second World War, in which 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 and its ministers sweeping powers to issue statutory orders termed "Emergency Powers Orders" (EPOs).[64][65] (The period in Ireland was and is referred to as "The Emergency".) The EPA expired in 1946, although some EPOs were continued under the Supplies and Services (Temporary Provisions) Act 1946 until as late as 1957.[66][67] 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.[68] 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.[69] President Cearbhall Ó Dálaigh referred the bill under Article 26 of the Constitution to the Supreme Court, which upheld its constitutionality.[70] 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 republicans after the Provisional IRA's 1994 ceasefire.[71]

The Offences against the State Act does not require a state of emergency under Article 28.3.3°.[72][73] Part V of the Act, which provides for a non-jury Special Criminal Court (SCC), is permitted under Article 38.3.1°.[74][75] 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).[72][76][77] Parts V and VI were both activated during the Second World War and the IRA's late 1950s Border Campaign; Part V has been continually active since 1972.[78][79]

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.[80][81][82]

Israel edit

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

Italy edit

In Italy, the state of emergency planned by the legal system is implemented by the Council of Ministers, without the need of a parliamentary vote, due to the Law n. 225 of 1992 on Civil Protection.[83] Moreover, the Article 120 of the 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.[84] For other emergency, such as a war, a parliamentary vote is required to give extraordinary powers to the government.[85]

The 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.[86]

Macau SAR (China) edit

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 Macau's Basic Law on the defence of the Macau Special Administrative Region.

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

Malaysia edit

Main articles: Malayan Emergency and 2021 Malaysian state of emergency

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.[87]

A state of emergency was declared by the then-colonial government of Britain from 1948 until 1960 to deal with an insurgency of communists led by Chin Peng.

States of emergency were also declared during the Konfrontasi in 1962, the 1966 Sarawak constitutional crisis and the 1977 Kelantan Emergency.

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

Amid 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."[88] 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 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.[89]

On 12 January 2021, a 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 and elections, and came amid political instability.[90] On 25 February 2021, Yang di-Pertuan Agong announced that the parliament can be convened during the state of emergency.[91][needs update]

Maldives edit

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.[92]

Namibia edit

Namibia last declared a state of emergency due to an ongoing drought in 2016.[93]

New Zealand edit

The Civil Defence Emergency Management Act 2002 gives the Government of New Zealand and local-body councils the power to issue a state of emergency, either over the entire country or within a specific region.[94] 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 or a local mayor may lift a state of emergency after an initial review of a region's status.

  • In 1951, the First National Government issued emergency regulations in response to that year's waterfront dispute.[95]
  • On 23 February 2011 at 11.28 am the Minister of Civil Defence 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.[96] A local state of emergency was declared by mayors of Christchurch City, Selwyn District and Waimakariri District following 4 September 2010 Canterbury earthquake.[97]
  • On 25 March 2020 at 12.21 pm, the Minister for Civil Defense Peeni Henare declared a state of national emergency in response to the total cases of 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 nationwide lockdown. This also provided access to special powers to combat 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.[98] The state of national emergency was renewed four times, to last for a total of five weeks.[99]
  • On 14 February 2023 at 8:43 am, the Minister for Civil Defense Kieran McAnulty declared a state of national emergency in response to Cyclone Gabrielle reaching New Zealand and causing flooding and evacuations.[100][101]

Nigeria edit

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 terrorist group Boko Haram.

On 14 May 2013, Goodluck Jonathan declared a state of emergency for the entire northeastern states of Borno, Yobe and Adamawa.[102] A more limited state of emergency had been declared on 31 December 2011 in parts of Yobe, Borno, Plateau and Niger states. This earlier declaration included the temporary shutdown of the international borders in those regions.[103]

Pakistan edit

Further information: 2007 Pakistani state of emergency

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

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

Philippines edit

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

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

Portugal edit

 
Letter from the Portuguese President, Marcelo Rebelo de Sousa, to the Speaker of the Assembly of the Republic, Eduardo Ferro Rodrigues, requesting Parliament for authorisation under the terms of the Constitution, for a declaration of the state of emergency in the context of the 2020 COVID-19 pandemic

The current Constitution of Portugal empowers the President of the Republic[104] to declare a state of siege (Portuguese: estado de sítio) or a state of emergency (Portuguese: estado de emergência) in part or the entirety of the Portuguese territory, only in cases of actual or imminent aggression by foreign forces, serious threats to or disturbances of the democratic constitutional order, or public disasters.[105]

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, to personal identity, to civil capacity and citizenship, the non-retroactivity of criminal law, the right to a fair trial, or the freedom of conscience and religion.[105] They also may not affect the constitutionally-defined competences and mode of operation of the entities that exercise sovereignty. The Assembly of the Republic may not be dissolved while a state of siege or a state of emergency is in force,[106] nor can the Constitution itself be subject to amendment.[107]

Before declaring a state of siege or a state of emergency, the President is required to consult with the Government and request authorisation to do so from the Assembly of the Republic.[108]

During the Third Portuguese Republic, the only two times such states of exceptional suppression of constitutional provisions were declared were during the failed left-wing coup d'état of 25 November 1975 (state of siege, within the confines of the Lisbon Military Region),[109] and during the COVID-19 pandemic (state of emergency, in the entirety of the Portuguese territory).

Within the remit of the basic law of civil protection services (Portuguese: Lei de Bases da Protecção Civil), the prime minister can, through a Resolution of the Council of Ministers and without the need of parliamentary approval or presidential promulgation, decree a situation of calamity (Portuguese: situação de calamidade). Lesser exceptional statuses, the situation of contingency (Portuguese: situação de contingência) and the situation of alert (Portuguese: situação de alerta) in descending order of importance, can also be set in motion by other civil protection authorities or Mayors.[110] These three situations allow for some extraordinary measures and special restrictions, but not the suspension of constitutional rights and freedoms.

Poland edit

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

Romania edit

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

  • State of alert (Stare de alertă in 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 EMS, Police and firefighting personnel are required to intervene. This situation can be enforced in case of natural disasters or civil unrest.
  • State of emergency (stare de urgentă in Romanian): Can only be enforced by the President of Romania with approval from Parliament. The military becomes the upper form of control in the country (under the rule of the president).[citation needed] The civilian population is subject to strict regulations, imposed by the type of emergency.[citation needed] All private and public non-crucial activities are suspended.[citation needed] Essential services might be disrupted. This situation can be enforced in case of extreme circumstances, such as a war.
  • Special zone of public safety (Zonă specială de siguranță publică in Romanian): Administrative, can be enforced by local police. This implies installation of road check-points and higher numbers in police and 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.[111][112]

The most well-known event in which the state of emergency has been enforced was because of 1977 Vrancea earthquake.[citation needed]

The last instance in which the special zone of public safety was enforced was on 8 December 2013, in Pungești, Vaslui following civil unrest in Pungești from Chevron's plans to begin exploring shale-gas in the village.[113] 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.[111] This special security zone has faced domestic and international criticism for alleged human-rights abuses.

Russia edit

Main article: State of emergency in Russia

Sierra Leone edit

Sierra Leone declared, on 7 February 2019, a State of Emergency due to ongoing rape and sexual violence in the country.[114] On 24 March 2020, a 12-month state of emergency was declared by (Rtd) Brigadier Julius Madaa Bio due to the COVID-19 pandemic.[115]

South Africa edit

Further information: State of Emergency Act, 1997

States of emergency in South Africa are governed by section 37 of the Constitution and by the State of Emergency Act, 1997. The 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 and may only apply from the time of publication, not retroactively. It can only continue for 21 days unless the National Assembly grants an extension, which may be for at most three months at a time. The High Courts have the power, subject to confirmation by the Constitutional Court, to determine the validity of the declaration of a state of emergency.[116]

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, 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 or the 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 edit

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

On 4 December 2010, the first state of alert was declared following the air traffic controllers strike.[117][118] It was the first time since the Francisco Franco's regime that a state of emergency was declared.[119] The second state of alert was declared on 14 March 2020 due to the coronavirus pandemic.[120] The third state of alert was declared before the end of October 2020 given the difficulties to control the spread of said pandemic.[121]

Sri Lanka edit

In Sri Lanka, the president is able to proclaim emergency regulations under the Public Security Ordinance in the constitution in order to preserve public security and public order; suppression of mutiny, riot or 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.[122]

Switzerland edit

According to Art. 185 of the Swiss Federal Constitution The 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 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 edit

An emergency prevailed in Syria from 1962 to 2011. Originally predicated on the 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 2012 constitution, the president may pass an emergency decree with a 2/3 concurrence of his ministers, provided that he presents it to the People's Assembly for constitutional review.

Trinidad and Tobago edit

Sections 7 though 12 of the Constitution[123] set out the legal basis for declaring that a state of emergency exists. The president, under the advice of the 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 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.

A state of emergency was declared in 1990 during the Black Power Revolution by then Prime Minister Eric Williams. During the attempted state coup by the Jamaat al Muslimeen against the NAR government of the then Prime Minister A. N. R. Robinson,[124][125] 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 Speaker of the House Occah Seepaul by Prime Minister Patrick Manning during a constitutional crisis.[126] 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.[127]

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.[128] The decision of the President, George Maxwell Richards, to issue the proclamation for the state of emergency was debated in 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 vaccines in dealing with a rapid and deadly spread of the COVID-19 pandemic in Trinidad and Tobago,[129][130][131] noted as being one of the worst in the world.[132][133] On 24 August, the Parliament extended the state of emergency for a further three months.[134]

Turkey edit

Main article: Martial law and state of emergency in Turkey

Since the foundation of the Republic of Turkey in 1923 the military conducted three coups d'état and announced martial law. Martial law between 1978 and 1983 was replaced by a state of emergency that lasted until November 2002. The latest state of emergency was declared by President Recep Tayyip Erdoğan on 20 July 2016 following a 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 edit

Main article: Civil Contingencies Act 2004

In the United Kingdom, only the British Sovereign,[135] on the advice of the 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 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. 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 edit

Further information: Senate Report 93-549, Insurrection Act, National Emergencies Act, and List of national emergencies in the United States

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

  • Congress may authorize the government to call forth the militia to execute the laws, suppress an insurrection or repel an invasion.
  • Congress may authorize the government to suspend consideration of writs of 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 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 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.[136]

A state 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 Governor Jay Inslee declared a state of emergency due to flooding and landslides caused by heavy rains.[137]

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.[138]

In 2020, it was common for states to enact a state of emergency due to the COVID-19 pandemic.[139]

Venezuela edit

Further information: States of emergency in Venezuela

Examples edit

Active in 2023 edit

  • On 10 November 2023, Icelandic authorities declared a state of emergency after a series of powerful earthquakes rocked the country's southwestern Reykjanes peninsula, signalling the increased likelihood of a volcanic eruption in the region. The village of Grindavík was ordered to evacuate due to the imminent volcanic eruption from the Fagradalsfjall volcano.
  • On 4 August 2023, Ethiopia's Council of ministers declared a state of emergency in the Amhara region after clashes between regional armed forces and the military.
  • On 7 February 2023, Turkey's President Recep Tayyip Erdoğan declared a three-month long state of emergency in 10 cities due to the 2023 Turkey–Syria earthquake.
  • On 8 September 2023, United States President Joe Biden extended the state of emergency declared by George W. Bush after the September 11 attacks.[140]

Active in 2022 edit

Active in 2021 edit

Active in 2020 edit

Past states of emergency edit

See also edit

References edit

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Bibliography edit

  • Agamben, Giorgio (2005). State of Exception. Chicago: University of Chicago Press. ISBN 978-0-226-00925-4.. Excerpt online: "A Brief History of the State of Exception".
  • Barzilai, Gad (1996). Wars, Internal Conflicts, and Political Order. Albany: State University of New York Press. ISBN 0-7914-2943-1..
  • Walter Benjamin, Zur Kritik der Gewalt ("Critique of Violence")
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  • Hederman, Anthony J.; Committee to Review the Offences against the State Acts 1939 to 1998 (August 2002). "Report" (PDF). Retrieved 2 April 2017.{{cite web}}: CS1 maint: numeric names: authors list (link)
  • Carl Schmitt, On Dictatorship and Political Theology
  • Wolf, Conradin (2005). Ausnahmezustand und Menschenrecht..
  • Hussein, Nassar (2003). The Jurisprudence of Emergency. Ann Arbor: University of Michigan Press.
  • Rooney, Bryan. 2019. "E mergency powers in democratic states: Introducing the Democratic Emergency Powers dataset." Research & Politics

External links edit

November 28, 2023
state, emergency, emergency, redirects, here, declaring, state, emergency, egypt, emergency, egypt, state, siege, redirects, here, 1972, film, state, siege, emergency, declaration, redirects, here, 2021, film, emergency, declaration, film, other, uses, disambi. Emergency law redirects here For the law declaring a state of emergency in Egypt see Emergency law in Egypt State of siege redirects here For the 1972 film see State of Siege Emergency declaration redirects here For the 2021 film see Emergency Declaration film For other uses see State of emergency disambiguation This article has multiple issues Please help improve it or discuss these issues on the talk page Learn how and when to remove these template messages This article needs additional citations for verification Please help improve this article by adding citations to reliable sources Unsourced material may be challenged and removed Find sources State of emergency news newspapers books scholar JSTOR September 2018 Learn how and when to remove this template message This article may contain excessive or irrelevant examples Please help improve the article by adding descriptive text and removing less pertinent examples January 2019 Learn how and when to remove this template message A state of emergency is a situation in which a government is empowered to put through policies that it would normally not be permitted to do for the safety and protection of its citizens A government can declare such a state during a natural disaster civil unrest armed conflict medical pandemic or epidemic or other biosecurity risk Members of the Royal Malay Regiment during the Malayan Emergency in 1949 inspecting equipment captured in a raid Contents 1 Relationship with international law 2 Use and viewpoints 2 1 Graduation 2 2 Abuse 3 Law in selected countries 3 1 Argentina 3 2 Australia 3 2 1 New South Wales 3 2 2 Victoria 3 3 Brazil 3 4 Canada 3 5 Egypt 3 6 Ethiopia 3 7 France 3 8 Germany 3 9 Hong Kong SAR 3 10 Hungary 3 11 Iceland 3 12 India 3 13 Ireland 3 14 Israel 3 15 Italy 3 16 Macau SAR China 3 17 Malaysia 3 18 Maldives 3 19 Namibia 3 20 New Zealand 3 21 Nigeria 3 22 Pakistan 3 23 Philippines 3 24 Portugal 3 25 Poland 3 26 Romania 3 27 Russia 3 28 Sierra Leone 3 29 South Africa 3 30 Spain 3 31 Sri Lanka 3 32 Switzerland 3 33 Syria 3 34 Trinidad and Tobago 3 35 Turkey 3 36 United Kingdom 3 37 United States 3 38 Venezuela 4 Examples 4 1 Active in 2023 4 2 Active in 2022 4 3 Active in 2021 4 4 Active in 2020 4 5 Past states of emergency 5 See also 6 References 7 Bibliography 8 External linksRelationship with international law editUnder international law rights and freedoms may be suspended during a state of emergency depending on the severity of the emergency and a government s policies Use and viewpoints editThough fairly uncommon in democracies clarification needed dictatorial regimes often declare a state of emergency that is prolonged indefinitely for the life of the regime or for extended periods of time so that derogations can be used to override human rights of their citizens usually protected by the International Covenant on Civil and Political Rights ICCPR 1 In some situations martial law is also declared allowing the military 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 Argentina two consecutive United Nations Special Rapporteurs have recommended to the international community to adopt the following principles to be observed during a state or de facto situation of emergency Principles of Legality Proclamation Notification Time Limitation Exceptional Threat Proportionality Non Discrimination Compatibility Concordance and Complementarity of the Various Norms of International Law cf Question of Human Rights and State of Emergency E CN 4 Sub 2 1997 19 at Chapter II see also etat d exception Article 4 to the ICCPR permits states to derogate 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 European Convention on Human Rights 2 and American Convention on Human Rights 3 have similar derogatory provisions No derogation is permitted to the International Labour Conventions Some such as political theorist and Nazi Party member Carl Schmitt have argued that the power to decide the initiation of the state of emergency defines sovereignty 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 producing his interpretation of homo sacer 4 Graduation edit In many democratic states there are a selection of legal definitions for specific states of emergency 5 when the constitution of the State is partially in abeyance depending on the nature of the perceived threat to the general public In order of severity these may include Martial law when civil rights are severely restricted by the imposition of military force within a Sovereign state for example during a period of extreme threat of invasion or actual hostilities by foreign forces State of siege when the civil rights of specified persons or groups such as political activists are likely to be curtailed for example to prevent an insurrection or organised acts of treason by suspected agents provocateurs Civil emergency dealing with disaster areas and requiring the deployment of extraordinary resources to contain dangerous situations such as natural disasters or extensive malicious property damage such as may occur during rioting or by arson As well as regular emergency services sometimes military forces may be assigned to deliver aid under especially dangerous conditions or to prevent lootingAbuse edit 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 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 and European Conventions on Human Rights and the International Labour Conventions are monitored by independent expert committees regional Courts and other State Parties 6 Law in selected countries editArgentina edit The Constitution of Argentina 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 7 The American Convention on Human Rights Pacto de San Jose 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 edit See also Exceptional circumstances Biosecurity in Australia and Biosecurity Act 2015 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 8 On 18 March 2020 9 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 10 specifies that the governor general of Australia may declare such an emergency if the Health Minister is satisfied that a listed human disease is posing a severe and immediate threat or is causing harm to human health on a nationally significant scale This gives the Minister sweeping powers including imposing restrictions or preventing the movement of people and goods between specified places and evacuations 11 The Biosecurity Human Biosecurity Emergency Human Coronavirus with Pandemic Potential Declaration 2020 was declared by the Governor General David Hurley under Section 475 of the Act 9 New South Wales edit In New South Wales the NSW Premier 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 12 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 5 5 million hectares 14 million acres 13 14 Victoria edit In Victoria the Victorian Premier can declare a state of emergency under the Public Safety Preservation Act 1958 15 if there is a threat to employment safety or public order 16 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 may revoke it earlier However these regulations expire if Parliament 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 17 18 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 19 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 20 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 21 Brazil edit The current constitution of Brazil 22 allows the president 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 sitio 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 and freedom of assembly 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 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 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 edit Main articles War Measures Act Emergencies Act and States of emergency in Canada The federal government of Canada can use the Emergencies Act to invoke a state of emergency A national state of emergency automatically expires after 90 days unless extended by the Governor in Council 23 There are different levels of emergencies Public Welfare Emergency Public Order Emergency International Emergency and War Emergency 24 The Emergencies Act replaced the War Measures Act 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 and also by Prime Minister Robert Borden during World War I from 1914 to 1920 against threat of Communism during the Revolutions of 1917 1923 and by Prime Minister William Lyon Mackenzie King during World War II from 1942 to 1945 against perceived threat from Japanese Canadians following Imperial Japan s attack on Pearl Harbor Under the current Emergency Act a state of emergency can also be declared by provincial territorial and municipal governments 25 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 citation needed The first usage of the Emergencies Act was invoked by Prime Minister Justin Trudeau on 14 February 2022 in response to the Freedom Convoy 2022 protests that occupied the capital of Ottawa The Canadian House of Commons voted to approve the invocation 185 151 with support from the Liberal Party and the New Democratic Party and opposition from the Conservative Party and the Bloc Quebecois 26 Prime Minister Trudeau previously considered invoking it at the beginning of the COVID 19 pandemic in April 2020 but faced unanimous disapproval from all thirteen provincial and territorial premiers at the Council of the Federation 27 28 Egypt edit Main article Emergency law in Egypt Egyptians lived under an Emergency Law Law No 162 of 1958 29 from 1967 to 2012 except for an 18 month break in 1980 and 1981 The emergency was imposed during the Six Day War and reimposed following the assassination of President Anwar Sadat The law was continuously extended every three years since 1981 Under the law police powers were extended constitutional rights suspended and censorship was legalized 30 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 prisoners run as high as 30 000 31 The emergency rule expired on 31 May 2012 and was put back in place in January 2013 32 33 Following the 2013 coup d etat the Egyptian interim president announced a one month state of emergency across the country on 14 August 2013 and ordered the Egyptian Armed Forces to help the Interior Ministry enforce security 34 The announcement made on state TV followed deadly countrywide clashes between supporters of deposed President Mohamed Morsi and the security forces 35 Ethiopia edit Further information 2021 2022 Ethiopian state of emergency and 2016 2018 Ethiopian state of emergency A six month state of emergency was issued by the Ethiopian government on 2 November 2021 following the rebel advance during the Tigray war which went into effect 5 November 2021 France edit nbsp State of emergency in Paris November 2015Main article States of emergency in 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 etat de siege Finally the Act of 3 April 1955 allows the proclamation by the Council of Ministers of the state of emergency etat d urgence 36 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 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 edit The Weimar Constitution 1919 1933 37 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 sometimes for no reason other than to allow the government to act when it was unable to obtain a parliamentary majority After 27 February 1933 Reichstag fire an attack blamed on the communists Adolf Hitler declared a state of emergency using Article 48 and then had President Paul von Hindenburg 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 the speech the freedom to assemble or the privacy of communications for the whole duration of the Third Reich 38 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 39 These two laws implemented the Gleichschaltung the Nazis institution of totalitarianism In the postwar Federal Republic of Germany the Emergency Acts state that some of the basic constitutional rights of the Basic Law may be limited in case of a 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 for details Hong Kong SAR edit 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 national laws not normally allowed in Hong Kong 40 Deployment of troops from the 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 41 The Chief Executive of Hong Kong along with the 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 42 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 40 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 Anti Japanese riot of 1931 with involvement of Hong Kong Police and 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 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 PoliceOn 4 October 2019 Carrie Lam the Chief Executive of Hong Kong S A R invoked Section 2 1 of the Emergency Regulations Ordinance 43 implemented since 1922 and last amended by the Legislative Council in 1999 which allow the government to implement the new Prohibition on Face Covering Regulation 44 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 45 Offenders risked a maximum of one year imprisonment or a fine of HK 25 000 US 3 200 46 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 47 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 48 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 49 50 On 26 November 2019 the High Court announced hearing for the government appeal against the judgement is on 9 January 2020 51 On 27 November 2019 the Court of Appeal extended the interim suspension of the judgment until 10 December 2019 52 53 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 54 55 56 Hungary edit This section needs to be updated Please help update this article to reflect recent events or newly available information April 2020 According to the 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 edit The Icelandic constitution provides no mechanism for the declaration of war martial law nor state of emergency India edit Main article States of emergency in 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 IndiaIn 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 57 Between 3 December 1971 to 21 March 1977 originally proclaimed during the 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 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 edit 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 58 Nothing in this Constitution shall be invoked to invalidate any law enacted by the Oireachtas parliament which is expressed to be for the purpose of securing the public safety and the preservation of the State in time of war or armed rebellion or to nullify any act done or purporting to be done in time of war or armed rebellion in pursuance of any such law In addition during a war or armed rebellion military tribunals may try civilians 59 and the Defence Forces are not bound by habeas corpus 60 The 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 resolutions by the houses of the Oireachtas 61 By the 2nd Amendment of 1941 an emergency ends not automatically when the war does but only by Oireachtas resolutions 62 The 21st Amendment of 2002 prevents the reintroduction of capital punishment during an emergency 63 The first amendment was rushed through the Oireachtas after the outbreak of the Second World War in which 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 and its ministers sweeping powers to issue statutory orders termed Emergency Powers Orders EPOs 64 65 The period in Ireland was and is referred to as The Emergency The EPA expired in 1946 although some EPOs were continued under the Supplies and Services Temporary Provisions Act 1946 until as late as 1957 66 67 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 68 The Emergency Powers Act 1976 was then passed to increase the Garda Siochana powers to arrest detain and question those suspected of offences against the state 69 President Cearbhall o Dalaigh referred the bill under Article 26 of the Constitution to the Supreme Court which upheld its constitutionality 70 The referral was condemned by minister Paddy Donegan as a thundering disgrace causing o Dalaigh 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 republicans after the Provisional IRA s 1994 ceasefire 71 The Offences against the State Act does not require a state of emergency under Article 28 3 3 72 73 Part V of the Act which provides for a non jury Special Criminal Court SCC is permitted under Article 38 3 1 74 75 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 Dail Eireann 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 72 76 77 Parts V and VI were both activated during the Second World War and the IRA s late 1950s Border Campaign Part V has been continually active since 1972 78 79 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 80 81 82 Israel edit The Israeli state of emergency authorized by the Emergency Defence Regulations is older than the state itself having been passed under the British Mandate for Palestine in 1945 A repeal was briefly considered in 1967 but cancelled following the Six Day War The regulations allow Israel through its military to control movements and prosecute suspected terrorists in occupied territories and to censor publications that are deemed prejudicial to national defense citation needed Italy edit In Italy the state of emergency planned by the legal system is implemented by the Council of Ministers without the need of a parliamentary vote due to the Law n 225 of 1992 on Civil Protection 83 Moreover the Article 120 of the 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 84 For other emergency such as a war a parliamentary vote is required to give extraordinary powers to the government 85 The 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 86 Macau SAR China edit 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 Macau s Basic Law on the defence of the 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 invoked and involvement of Portuguese troopsMalaysia edit Main articles Malayan Emergency and 2021 Malaysian state of emergency 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 87 A state of emergency was declared by the then colonial government of Britain from 1948 until 1960 to deal with an insurgency of communists led by Chin Peng States of emergency were also declared during the Konfrontasi in 1962 the 1966 Sarawak constitutional crisis and the 1977 Kelantan Emergency When a race riot broke out on 13 May 1969 a state of emergency was declared Amid 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 88 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 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 89 On 12 January 2021 a 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 and elections and came amid political instability 90 On 25 February 2021 Yang di Pertuan Agong announced that the parliament can be convened during the state of emergency 91 needs update Maldives edit 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 92 Namibia edit Namibia last declared a state of emergency due to an ongoing drought in 2016 93 New Zealand edit The Civil Defence Emergency Management Act 2002 gives the Government of New Zealand and local body councils the power to issue a state of emergency either over the entire country or within a specific region 94 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 or a local mayor may lift a state of emergency after an initial review of a region s status In 1951 the First National Government issued emergency regulations in response to that year s waterfront dispute 95 On 23 February 2011 at 11 28 am the Minister of Civil Defence 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 96 A local state of emergency was declared by mayors of Christchurch City Selwyn District and Waimakariri District following 4 September 2010 Canterbury earthquake 97 On 25 March 2020 at 12 21 pm the Minister for Civil Defense Peeni Henare declared a state of national emergency in response to the total cases of 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 nationwide lockdown This also provided access to special powers to combat 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 98 The state of national emergency was renewed four times to last for a total of five weeks 99 On 14 February 2023 at 8 43 am the Minister for Civil Defense Kieran McAnulty declared a state of national emergency in response to Cyclone Gabrielle reaching New Zealand and causing flooding and evacuations 100 101 Nigeria edit 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 terrorist group Boko Haram On 14 May 2013 Goodluck Jonathan declared a state of emergency for the entire northeastern states of Borno Yobe and Adamawa 102 A more limited state of emergency had been declared on 31 December 2011 in parts of Yobe Borno Plateau and Niger states This earlier declaration included the temporary shutdown of the international borders in those regions 103 Pakistan edit Further information 2007 Pakistani state of emergency 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 by President General Pervez MusharrafThe first three were regarded as the imposition of direct martial law Philippines edit There are several situations that calls for various levels of government action in the Philippines The constitution alludes to these State of war Declared by Manuel L Quezon in 1941 after the United States entry during World War II and lead to its occupation by Japanese forces State of martial law Six declarations in history 1896 1898 1944 45 1972 1981 2009 and 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 and 2016 2023 State of public health emergency Last declared in 2020 due to the COVID 19 pandemic in the 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 governments are also permitted to declare local states of calamity in their areas hit by natural and man made disasters Portugal edit nbsp Letter from the Portuguese President Marcelo Rebelo de Sousa to the Speaker of the Assembly of the Republic Eduardo Ferro Rodrigues requesting Parliament for authorisation under the terms of the Constitution for a declaration of the state of emergency in the context of the 2020 COVID 19 pandemicThe current Constitution of Portugal empowers the President of the Republic 104 to declare a state of siege Portuguese estado de sitio or a state of emergency Portuguese estado de emergencia 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 105 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 to personal identity to civil capacity and citizenship the non retroactivity of criminal law the right to a fair trial or the freedom of conscience and religion 105 They also may not affect the constitutionally defined competences and mode of operation of the entities that exercise sovereignty The Assembly of the Republic may not be dissolved while a state of siege or a state of emergency is in force 106 nor can the Constitution itself be subject to amendment 107 Before declaring a state of siege or a state of emergency the President is required to consult with the Government and request authorisation to do so from the Assembly of the Republic 108 During the Third Portuguese Republic the only two times such states of exceptional suppression of constitutional provisions were declared were during the failed left wing coup d etat of 25 November 1975 state of siege within the confines of the Lisbon Military Region 109 and during the COVID 19 pandemic state of emergency in the entirety of the Portuguese territory Within the remit of the basic law of civil protection services Portuguese Lei de Bases da Proteccao Civil the prime minister can through a Resolution of the Council of Ministers and without the need of parliamentary approval or presidential promulgation decree a situation of calamity Portuguese situacao de calamidade Lesser exceptional statuses the situation of contingency Portuguese situacao de contingencia and the situation of alert Portuguese situacao de alerta in descending order of importance can also be set in motion by other civil protection authorities or Mayors 110 These three situations allow for some extraordinary measures and special restrictions but not the suspension of constitutional rights and freedoms Poland edit In Poland the institution of the state of emergency was absorbed by the institution of martial law in the years 1952 1983 in the constitutional regulations According to the provisions of the Constitution of 1997 Articles 228 et seq A state of emergency may be introduced by the president at the request of the Council of Ministers for a specified period of time but not longer than 90 days in part or throughout the territory of the country if the security of the state the security of citizens or public order has been threatened The President may extend this state only once for a period not longer than 60 days with the consent of the Sejm During the state of emergency and within 90 days from its end the Constitution and electoral regulations may not be changed and the Sejm may not be dissolved there are also no national elections or referendums In the event of the expiry of the term of office of the President the Sejm and the Senate or local self government bodies they are appropriately extended Romania edit This section s factual accuracy is disputed Relevant discussion may be found on Talk State of emergency Please help to ensure that disputed statements are reliably sourced June 2015 Learn how and when to remove this template message In Romania there are two types of states of emergency each designed for a different type of situation citation needed State of alert Stare de alertă in 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 EMS Police and firefighting personnel are required to intervene This situation can be enforced in case of natural disasters or civil unrest State of emergency stare de urgentă in Romanian Can only be enforced by the President of Romania with approval from Parliament The military becomes the upper form of control in the country under the rule of the president citation needed The civilian population is subject to strict regulations imposed by the type of emergency citation needed All private and public non crucial activities are suspended citation needed Essential services might be disrupted This situation can be enforced in case of extreme circumstances such as a war Special zone of public safety Zonă specială de siguranță publică in Romanian Administrative can be enforced by local police This implies installation of road check points and higher numbers in police and 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 111 112 The most well known event in which the state of emergency has been enforced was because of 1977 Vrancea earthquake citation needed The last instance in which the special zone of public safety was enforced was on 8 December 2013 in Pungești Vaslui following civil unrest in Pungești from Chevron s plans to begin exploring shale gas in the village 113 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 111 This special security zone has faced domestic and international criticism for alleged human rights abuses Russia edit Main article State of emergency in Russia Sierra Leone edit Sierra Leone declared on 7 February 2019 a State of Emergency due to ongoing rape and sexual violence in the country 114 On 24 March 2020 a 12 month state of emergency was declared by Rtd Brigadier Julius Madaa Bio due to the COVID 19 pandemic 115 South Africa edit Further information State of Emergency Act 1997 States of emergency in South Africa are governed by section 37 of the Constitution and by the State of Emergency Act 1997 The 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 and may only apply from the time of publication not retroactively It can only continue for 21 days unless the National Assembly grants an extension which may be for at most three months at a time The High Courts have the power subject to confirmation by the Constitutional Court to determine the validity of the declaration of a state of emergency 116 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 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 or the 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 edit In Spain there are three degrees of state of emergency estado de emergencia in Spanish alarma alarm or alert excepcion exception al circumstance and sitio siege They are named by the constitution which limits which rights may be suspended but regulated by the Ley Organica 4 1981 Organic Law On 4 December 2010 the first state of alert was declared following the air traffic controllers strike 117 118 It was the first time since the Francisco Franco s regime that a state of emergency was declared 119 The second state of alert was declared on 14 March 2020 due to the coronavirus pandemic 120 The third state of alert was declared before the end of October 2020 given the difficulties to control the spread of said pandemic 121 Sri Lanka edit In Sri Lanka the president is able to proclaim emergency regulations under the Public Security Ordinance in the constitution in order to preserve public security and public order suppression of mutiny riot or 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 122 Switzerland edit According to Art 185 of the Swiss Federal Constitution The 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 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 edit An emergency prevailed in Syria from 1962 to 2011 Originally predicated on the 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 2012 constitution the president may pass an emergency decree with a 2 3 concurrence of his ministers provided that he presents it to the People s Assembly for constitutional review Trinidad and Tobago edit Sections 7 though 12 of the Constitution 123 set out the legal basis for declaring that a state of emergency exists The president under the advice of the 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 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 A state of emergency was declared in 1990 during the Black Power Revolution by then Prime Minister Eric Williams During the attempted state coup by the Jamaat al Muslimeen against the NAR government of the then Prime Minister A N R Robinson 124 125 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 Speaker of the House Occah Seepaul by Prime Minister Patrick Manning during a constitutional crisis 126 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 127 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 128 The decision of the President George Maxwell Richards to issue the proclamation for the state of emergency was debated in 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 vaccines in dealing with a rapid and deadly spread of the COVID 19 pandemic in Trinidad and Tobago 129 130 131 noted as being one of the worst in the world 132 133 On 24 August the Parliament extended the state of emergency for a further three months 134 Turkey edit Main article Martial law and state of emergency in Turkey Since the foundation of the Republic of Turkey in 1923 the military conducted three coups d etat and announced martial law Martial law between 1978 and 1983 was replaced by a state of emergency that lasted until November 2002 The latest state of emergency was declared by President Recep Tayyip Erdogan on 20 July 2016 following a 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 edit Main article Civil Contingencies Act 2004 In the United Kingdom only the British Sovereign 135 on the advice of the 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 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 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 edit Further information Senate Report 93 549 Insurrection Act National Emergencies Act and List of national emergencies in the United States The United States Constitution implicitly provides some emergency powers in the article about the executive power Congress may authorize the government to call forth the militia to execute the laws suppress an insurrection or repel an invasion Congress may authorize the government to suspend consideration of writs of 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 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 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 136 A state 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 Governor Jay Inslee declared a state of emergency due to flooding and landslides caused by heavy rains 137 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 138 In 2020 it was common for states to enact a state of emergency due to the COVID 19 pandemic 139 Venezuela edit Further information States of emergency in VenezuelaExamples editActive in 2023 edit On 10 November 2023 Icelandic authorities declared a state of emergency after a series of powerful earthquakes rocked the country s southwestern Reykjanes peninsula signalling the increased likelihood of a volcanic eruption in the region The village of Grindavik was ordered to evacuate due to the imminent volcanic eruption from the Fagradalsfjall volcano On 4 August 2023 Ethiopia s Council of ministers declared a state of emergency in the Amhara region after clashes between regional armed forces and the military On 7 February 2023 Turkey s President Recep Tayyip Erdogan declared a three month long state of emergency in 10 cities due to the 2023 Turkey Syria earthquake On 8 September 2023 United States President Joe Biden extended the state of emergency declared by George W Bush after the September 11 attacks 140 Active in 2022 edit 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 declared a state of emergency due to the Freedom Convoy protests On 11 February 2022 Ontario Premier Doug Ford declared a state of emergency due to the Freedom Convoy protests On 23 February 2022 Ukraine announced in response to the 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 s Governor Brian Kemp declared a state of emergency due to supply chain disruptions and the COVID 19 pandemic On 16 May 2022 Poland Minister of Health Adam Niedzielski declared a state of epidemic threat for 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 historic flooding in Eastern Kentucky On 25 August 2022 Pakistan declared a state of emergency because of the flooding Active in 2021 edit On 1 February 2021 following a military coup in Myanmar Min Aung Hlaing Commander in Chief of Armed Forces of Myanmar and its new 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 vaccines 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 129 130 131 noted as being one of the worst in the world 132 133 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 141 It covered 183 localities near the Belarusian border 115 in Podlaskie Voivodeship and 68 in Lublin Voivodeship 142 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 19 143 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 144 On 10 November 2021 Lithuania declared a state of emergency in the border region of Belarus Lithuania border due to the 2021 Belarus European Union border crisis 145 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 edit 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 146 On 18 August 2020 California s Governor Gavin Newsom declared a state of emergency because of the multiple wildfires being battled across the state 147 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 Governor Brian Kemp declared a state of emergency for the George Floyd protests 148 On 31 May 2020 Missouri Governor Mike Parson declared a state of emergency for the George Floyd protests On 31 May 2020 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 Mokgweetsi Masisi declared a state of emergency due to the COVID 19 pandemic On 7 April 2020 Japan Prime Minister Shinzo Abe declared a national emergency for the COVID 19 pandemic On 25 March 2020 New Zealand Minister for Civil Defence Peeni Henare declared a National State Of Emergency for COVID 19 149 On 25 March 2020 Prime Minister of Thailand Prayut Chan o cha declared a state of emergency for COVID 19 150 On 22 March 2020 Nova Scotia Premier Stephen McNeil declared a state of emergency for COVID 19 151 On 21 March 2020 Kyrgyzstan Prime Minister Mukhammedkalyi Abylgaziev declared a state of emergency for COVID 19 152 On 20 March 2020 Poland Minister of Health Lukasz Szumowski declared a state of the epidemic for COVID 19 On 18 March 2020 Luxembourg Prime Minister Xavier Bettel declared a state of emergency for COVID 19 On 18 March 2020 Portugal President Marcelo Rebelo de Sousa declared a state of emergency for COVID 19 153 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 154 Beginning midnight 3 May 2020 the country is now in a situation of calamity Portuguese situacao de calamidade a different status enshrined in the Basic Law of 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 155 On 18 March 2020 North Macedonia President Stevo Pendarovski declared a state of emergency for COVID 19 On 17 March 2020 Alberta Premier Jason Kenney declares public health emergency for COVID 19 156 On 17 March 2020 Ontario Premier Doug Ford declared a state of emergency for COVID 19 157 On 17 March 2020 Philippine President Rodrigo Duterte declared all of the Philippines to be in a state of calamity following a dramatic rise in cases of COVID 19 158 On 16 March 2020 Government of Armenia declared a state of emergency for COVID 19 159 On 15 March 2020 President of Serbia Aleksandar Vucic declared a state of emergency for COVID 19 160 On 15 March 2020 President of Kazakhstan Kassym Jomart Tokayev declared a state of emergency for COVID 19 161 On 14 March 2020 Quebec Premier Francois Legault declares public health emergency for COVID 19 162 On 14 March 2020 Poland Minister of Health Lukasz Szumowski declared a state of epidemic threat for COVID 19 On 13 March 2020 Prime Minister of Spain Pedro Sanchez 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 for the COVID 19 pandemic in Spain 163 On 13 March 2020 President Donald Trump declared a national emergency for the ongoing COVID 19 pandemic 164 On 15 March 2020 Maine Governor Janet Mills declared a state of emergency for COVID 19 165 On 13 March 2020 Minnesota Governor Tim Walz declared a state of emergency for COVID 19 166 On 13 March 2020 Louisiana Governor John Bel Edwards declared a state of emergency for COVID 19 167 On 13 March 2020 Alabama Governor Kay Ivey declared a state of public health emergency for COVID 19 168 On 12 March 2020 Kansas Governor Laura Kelly declared a state of emergency for COVID 19 169 On 12 March 2020 Virginia Governor Ralph Northam declared a state of emergency for COVID 19 170 On 12 March 2020 Wisconsin Governor Tony Evers declared a state of emergency for COVID 19 171 On 11 March 2020 Arizona Governor Doug Ducey declared a state of emergency for COVID 19 On 11 March 2020 New Mexico Governor Michelle Lujan Grisham declared a state of emergency for COVID 19 172 On 10 March 2020 Michigan Governor Gretchen Whitmer declared a state of emergency for COVID 19 173 On 10 March 2020 Massachusetts Governor Charlie Baker declared a state of emergency for COVID 19 174 On 10 March 2020 North Carolina Governor Roy Cooper declared a state of emergency for COVID 19 175 On 10 March 2020 Colorado Governor Jared Polis declared a state of emergency for COVID 19 176 On 9 March 2020 New Jersey Governor Phil Murphy declared a state of emergency for COVID 19 On 9 March 2020 Ohio Governor Mike Dewine declared a state of emergency for COVID 19 177 On 8 March 2020 Oregon Governor Kate Brown declared a state of emergency for COVID 19 178 On 7 March 2020 New York Governor Andrew Cuomo declared a state of emergency for COVID 19 179 On 6 March 2020 Tennessee Governor Bill Lee declared a state of emergency for COVID 19 On 6 March 2020 Kentucky Governor Andy Beshear declared a state of emergency for COVID 19 On 5 March 2020 Maryland Governor Larry Hogan declared a state of emergency for COVID 19 On 4 March 2020 California Governor Gavin Newsom declared a state of emergency for COVID 19 180 On 29 February 2020 Washington Governor Jay Inslee declared a state of emergency for COVID 19 181 On 29 February 2020 Florida Governor Ron DeSantis declared a state of emergency for COVID 19 181 On 11 March 2020 Hungarian Prime Minister Viktor Orban declared a state of emergency for COVID 19 182 On 3 March 2020 Tennessee Governor Bill Lee declared a state of emergency following the tornado outbreak of March 2 3 2020 183 Past states of emergency edit On 14 February 2023 New Zealand s Minister of Emergency Management Kieran McAnulty declared a national state of emergency following severe and widespread impacts from Ex Tropical Cyclone Gabrielle The state of emergency was lifted on 14 March On 12 January 2021 a national state of emergency was declared by the Yang di Pertuan Agong of Malaysia Al Sultan Abdullah to curb the spread of COVID 19 The state of emergency was lifted on 1 August 184 On 7 January 2021 Japanese Prime Minister Yoshihide Suga declared the second state of emergency for the COVID 19 in several prefectures It was lifted on 22 March 185 On 14 January 2021 New Mexico s Governor Michelle Lujan Grisham declared a state of emergency in preparation of Inauguration of Joe Biden 186 On 15 January 2021 Maryland s Governor Larry Hogan declared a state of emergency in preparation of Inauguration of Joe Biden 187 On 6 January 2021 Virginia s Governor Ralph Northam declared a state of emergency due to the attack at the United States Capitol 188 On 11 January 2021 outgoing President Donald Trump declared a state of emergency for two weeks in Washington DC in preparation of the inauguration of Joe Biden 189 On 15 October 2020 Thailand s Prime Minister Prayuth Chan ocha declared a state of extreme emergency in Bangkok due to 2020 Thai protests 190 and was lifted on 22 October On 7 April 2020 Japan Prime Minister Shinzō Abe declared a national emergency for the COVID 19 On 21 March 2020 Georgian President Salome Zurabishvili declared a state of emergency for COVID 19 State of emergency was prolonged for one month on 22 April 2020 and expired on 23 May 2020 On 19 March 2020 the Moroccan government declared a state of health emergency for COVID 19 to take effect the following day 20 March 191 In November 2019 New South Wales Australia declared a seven day state of emergency granting emergency powers to fire fighting agencies due to major bushfires occurring in the state 192 In October 2019 Ecuador declared a 60 day state of emergency after violent protests following the ending of fuel subsidies 193 194 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 195 This state of emergency was later extended to other cities in the country 196 The state of emergency was lifted on 27 October 2019 197 At midnight on 23 April 2019 a state of emergency was declared across Sri Lanka following multiple bomb attacks on churches luxury hotels and other locations across the country in which 253 people were killed and more than 500 injured 198 199 200 After being extended three times the state of emergency was lifted on 25 August 2019 201 On 15 February 2019 President Donald Trump declared a national emergency on the U S border with Mexico to allocate funds towards a border wall 202 203 In March 2018 a state of emergency was imposed in Sri Lanka in Kandy for 10 days following clashes between Sinhalese and Muslims 204 In February 2018 Ethiopia declared a six month long state of emergency following the resignation of Prime Minister Hailemariam Desalegn 205 Following the 2017 Palm Sunday church bombings in Egypt President Abdel Fattah el Sisi declared a nationwide three month long state of emergency 206 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 207 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 citation needed On 4 September 2016 a state of emergency was declared in the Philippines by President Rodrigo Duterte via Proclamation No 55 following the 2 September bombings in Davao City that killed 14 people and seriously wounded at least 60 others 208 The declaration was lifted by his successor Bongbong Marcos through Proclamation No 298 issued on 25 July 2023 209 210 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 211 In May 2016 Venezuela declared a 60 day state of emergency due to mass protests against the government of President Nicolas Maduro further fueled by the impeachment process against Brazilian President Dilma Rousseff which Maduro believes is the result of an American conspiracy to overthrow him 212 213 214 On 22 November 2015 Crimea declared a state of emergency after pylons in Ukraine were blown up leaving 1 896 000 people without power 215 France declared a state of emergency in response to the November 2015 Paris attacks which after five extensions ended in November 2017 216 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 citation needed In March 2013 Myanmar declared a state of emergency in the city of Meiktila due to ongoing sectarian violence 217 Egypt had been under a nearly continuous state of emergency since 1967 interrupted for 18 months in 1980 81 the People s Assembly renewed it every two to three years 29 31 218 The state of emergency expired on 31 May 2012 219 Tunisia declared state of emergency January 2011 following unrest from economic issues 220 28 November 2011 Slovakia declared a state of emergency for numerous hospitals due to resignation of many Medicare workers 221 21 August 2011 Trinidad and Tobago in an attempt to crack down on the trafficking of illegal drugs and firearms in addition to gangs 222 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 223 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 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 224 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 225 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 natural gas supply shortage 226 11 January 2007 Bangladesh was in a state of emergency due to electoral violence 227 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 civil unrest 228 it was lifted on 14 September 2008 229 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 Revolutionary Party MPRP The MPRP had claimed a majority of seats in the 2008 parliamentary elections but was accused of fraud and vote rigging by the less successful parties 230 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 protests over the 2008 Armenian presidential elections 231 3 November 2007 Pakistan was in a state of emergency from 3 November 2007 to 15 December 2007 232 President Pervez Musharraf declared emergency to stop Pakistan from committing suicide He lifted the state of emergency after he resigned from the 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 233 234 235 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 236 Mid August 2005 Sucumbios and Orellana two provinces of Ecuador because of indigenous protests against oil firms 15 April 2005 Quito capital of Ecuador due to protests lifted less than a day later on 17 April 2005 237 December 2004 Sri Lanka Indonesia and Maldives because of the tsunami November 2003 Georgia following weeks of civil unrest 238 August 2003 Michigan Ohio New York United States and Ontario Canada in response to the Northeast blackout of 2003 239 240 241 March 2003 Serbia after assassination of Zoran Đinđic vanredno stanje 242 15 July 2002 Paraguay in response to public unrest 243 November 2001 Nepal in response to increased guerrilla activity 244 30 November 1999 The U S city of Seattle Washington stemming from protest of the WTO Ministerial Conference of 1999 and police reaction to it known as the 1999 Seattle WTO protests 245 May June 1998 Indonesia declares state of emergency due to May 1998 riots of Indonesia 2 March 1997 The 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 Aleksander Meksi resigned and on 2 March President Sali Berisha declared a state of emergency 246 5 August 1995 Trinidad and Tobago to remove Speaker of the House Occah Seapaul who refused to resign 247 Winter 1995 The U S city of Sault Ste Marie Michigan after a severe snowstorm buried the city in 6 feet 1 8 m of snow April May 1992 California United States state of emergency was declared by Los Angeles Mayor 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 248 249 March 1992 Republic of Moldova in response to War of Transnistria 250 1992 to 2011 Algeria endures a 19 year state of emergency enacted at the beginning of the 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 6 August 1991 Soviet Union 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 251 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 252 1975 to 1977 India Indira Gandhi declared a state of emergency in 1975 in response to political opposition and her own conviction on charges of electoral fraud The Emergency lasted for 21 months 1972 to 1976 Mauritius due to ethnic and labor related unrest Elections were suspended during this period and political rights were 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 industrial action October 1970 Quebec in response to the October Crisis kidnappings of government officials July 1967 Detroit United States in response to the 12th Street riot started on Sunday morning during a blind pig 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 due to riots against the colonial government following 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 253 1948 to 1991 China declared the state of emergency in response to the communist insurgency during the Chinese Civil War Martial law was declared in both Mainland China and Taiwan the latter following the February 28 incident in 1947 but was lifted in 1987 Eventually Mainland China fell to the victorious Communists led by Mao Zedong who established the People s Republic of China in 1949 1939 to 1952 United States due to World War II 1941 to 1942 Moscow due to the German advance to within 19 miles 31 km of the city during World War II October 1936 Spain in response to the proclamation of the Catalan State and the ongoing Asturian miners strike of 1934 254 18 March 1907 Moldavia and Wallachia in Romania during the 1907 Romanian Peasants Revolt See also edit nbsp Law portal nbsp Philosophy portalArbitrary arrest and detention Article 48 Weimar Constitution Continuity of Government Plan Due process Force majeure International humanitarian law Search and seizure Senate Report 93 549 Snow emergency State of exception Unitary executive theory Presidential Emergency Action DocumentsReferences edit See Judson 2012 Where is R2P grounded in international law European Convention on Human Rights Article 15 American Convention on Human Rights Article 27 Agamben 2005 Emergency Declarations and Authorities Fact Sheet State Public Health ASTHO www astho org a b Algeria s state of emergency to be lifted imminently BBC News 22 February 2011 Retrieved 29 March 2011 State of emergency in Argentina and other Spanish speaking countries in Spanish Derecho laguia2000 com 22 February 1999 Retrieved 29 March 2011 State of Queensland June 2019 Disaster and Emergency Incident Plan PDF Queensland Government a b Biosecurity Human Biosecurity Emergency Human Coronavirus with Pandemic Potential Declaration 2020 PDF New South Wales Bar Association 18 March 2020 Retrieved 30 March 2020 Biosecurity Act 2015 Federal Register of Legislation Australian Government 7 March 2019 Retrieved 30 March 2020 McPhee Sarah 30 March 2020 Human biosecurity emergency declared in Australia News com au Retrieved 30 March 2020 State Emergency and Rescue Management Act 1989 NSW s 4 Unprecedented season breaks all records PDF Bush Fire Bulletin Sydney NSW Rural Fire Service 42 1 3 ISSN 1033 7598 Retrieved 12 August 2020 Mao Frances 14 February 2020 Australia weather How much rain did it take to put out NSW fires BBC News UK Retrieved 16 February 2020 Public Safety Preservation Act 1958 VIC Victorian fires state of disaster declared as evacuation ordered and 28 people missing Guardian Australia Australian Associated Press 3 January 2020 Retrieved 14 August 2020 Essential Services Act 1958 VIC Essential Services Act 1958 VIC s 5 Emergency Management Act 1986 VIC s 23 Twomey Anne 2 August 2020 Explainer what is a state of disaster and what powers does it confer The Conversation Retrieved 14 August 2020 Public Health and Wellbeing Act 2008 s 200 Presidencia da Republica Casa Civil Subchefia para Assuntos Juridicosur Emergencies Act Laws justice gc ca Archived from the original on 5 January 2011 Retrieved 29 March 2011 Emergencies Act Laws justice gc ca Archived from the original on 5 January 2011 Retrieved 29 March 2011 State of Emergency FAQ Cbc ca 7 August 2003 Archived from the original on 11 May 2011 Retrieved 29 March 2011 Major Darren 21 February 2022 Emergencies Act passes crucial House of Commons vote with NDP support CBC News Retrieved 22 February 2022 Hall Chris Tunney Catharine 9 April 2020 As supply concerns grow Ottawa lays the groundwork for never used Emergencies Act CBC News Retrieved 22 February 2022 Cochrane David Cullen Catharine Tunney Catharine 10 April 2020 Need for Emergencies Act rejected by premiers on call with PM CBC News Retrieved 22 February 2022 a b Law 1958 162 Emergency Law in Arabic at EMERglobal Lex part of the Edinburgh Middle East Report Retrieved 2 April 2010 Law 1958 162 Emergency Law Edinburgh Middle East Report Archived from the original on 19 March 2012 Retrieved 2 April 2010 a href Template Cite web html title Template Cite web cite web a CS1 maint bot original URL status unknown link Shehata Samer 26 March 2004 Egypt After 9 11 Perceptions of the United States Contemporary Conflicts Social Science Research Council Archived from the original on 17 August 2011 Retrieved 29 January 2011 a b Al Ahram Weekly Egypt Enough is still enough Weekly ahram org eg 14 September 2005 Archived from the original on 19 September 2014 Retrieved 29 March 2011 Violence flares in Egypt after emergency law imposed Reuters 28 January 2013 Archived from the original on 24 September 2015 Retrieved 2 July 2017 Egypt lifts unpopular emergency law CNN 31 May 2012 Retrieved 7 June 2012 Egypt declares national emergency BBC News 14 August 2013 Egypt in state of emergency as clashes leave 278 dead CBC News 14 August 2013 Loi n 55 385 du 3 avril 1955 instituant un etat d urgence et en declarant l application en Algerie in French Legifrance gouv fr Retrieved 29 March 2011 Weimar constitution technically remained in effect throughout the Nazi era 1933 1945 Decree of the Reich President for the Protection of People and State 28 February 1933 Evans Richard J 2003 The Coming of the Third Reich Penguin Books ISBN 0 14 303469 3 a b Basic Law Full Text pda chapter 2 www basiclaw gov hk Retrieved 9 October 2019 laws www npc gov cn Retrieved 9 October 2019 Hong Kong e Legislation www elegislation gov hk Archived from the original on 7 July 2022 Retrieved 9 October 2019 CAP 241 Emergency Regulations Ordinance www hklii hk Retrieved 19 November 2019 CAP 241K PROHIBITION ON FACE COVERING REGULATION www hklii hk Retrieved 19 November 2019 Prohibition on Face Covering Regulation gazetted www info gov hk Retrieved 9 October 2019 Anti mask law gazetted Hong Kong s Information Services Department in Chinese Hong Kong Retrieved 19 November 2019 Judge explains reason for not allowing injunction RTHK news rthk hk Retrieved 19 November 2019 KWOK WING HANG AND OTHERS v CHIEF EXECUTIVE IN COUNCIL AND ANOTHER 2019 HKCFI 2820 HCAL 2945 2019 18 November 2019 www hklii hk Retrieved 19 November 2019 KWOK WING HANG AND OTHERS v CHIEF EXECUTIVE IN COUNCIL AND ANOTHER 2019 HKCFI 2820 HCAL 2945 2019 22 November 2019 legalref judiciary hk Retrieved 23 November 2019 KWOK WING HANG AND OTHERS v CHIEF EXECUTIVE IN COUNCIL AND ANOTHER 2019 HKCFI 2884 HCAL 2945 2019 22 November 2019 www hklii hk Retrieved 27 November 2019 Standard The Anti mask ruling appeal set for January The Standard Retrieved 26 November 2019 Court extends anti mask law suspension say pan dems RTHK news rthk hk Retrieved 27 November 2019 Ruling that Hong Kong mask ban is invalid suspended until December 10 South China Morning Post 27 November 2019 Retrieved 28 November 2019 Hong Kong court lifts mask ban refusing government request to suspend earlier ruling South China Morning Post 10 December 2019 Retrieved 10 December 2019 Standard The Court of Appeal rejects mask ban ruling suspension The Standard Retrieved 10 December 2019 Court deals govt blow over mask ban ruling RTHK news rthk hk Retrieved 10 December 2019 Austin Granville 1999 Working a Democratic Constitution The Indian Experience Oxford University Press pp 63 66 ISBN 0 19 564888 9 Article 28 3 3 Constitution of Ireland Irish Statute Book Retrieved 31 March 2017 Article 38 4 1 Constitution of Ireland Irish Statute Book Retrieved 2 January 2018 Article 40 4 5 Constitution of Ireland Irish Statute Book Retrieved 2 January 2018 First Amendment of the Constitution Act 1939 Section 1 Irish Statute Book Retrieved 31 March 2017 Second Amendment of the Constitution Act 1941 Schedule Irish Statute Book Ref No 22 Retrieved 31 March 2017 Twenty First Amendment of the Constitution Act 2001 Schedule Part ii Irish Statute Book Retrieved 31 March 2017 In Article 28 3 3 to insert other than Article 15 5 2 after Constitution Proceedings of 2 September 1939 Dail Eireann debates pp Vol 77 cc 1 190 Retrieved 31 March 2017 Emergency Powers Act 1939 Irish Statute Book Retrieved 31 March 2017 Supplies and Services Temporary Provisions Bill 1946 Second Stage Dail Eireann Debates 18 June 1946 pp Vol 101 No 15 p 19 cc 2063 94 Retrieved 12 December 2016 Supplies and Services Temporary Provisions Act 1946 Continuance Act 1957 Section 2 Irish Statute Book Retrieved 31 March 2017 National Emergency Motion Dail debates 31 August 1976 Retrieved 31 March 2017 National Emergency Motion Resumed Dail debates 1 September 1976 Retrieved 31 March 2017 Emergency Powers Act 1976 Section 2 Irish Statute Book Retrieved 31 March 2017 In re Article 26 and the Emergency Powers Bill 1976 Supreme Court Cessation of State of Emergency Motion Dail debates 7 February 1995 Retrieved 31 March 2017 a b Offences Against the State Act 1939 Irish Statute Book Retrieved 1 April 2017 Offences Against the State Amendment Act 1940 Irish Statute Book Retrieved 3 April 2017 Longaigh Seosamh o 2006 Emergency Law in Independent Ireland 1922 1948 Four Courts Press ISBN 978 1 85182 922 4 Article 38 3 1 Constitution of Ireland Irish Statute Book Retrieved 1 April 2017 O Mahony Paul 2002 Criminal Justice in Ireland Institute of Public Administration pp 7 8 ISBN 978 1 902448 71 8 Retrieved 2 April 2017 Hederman Report 2002 Chapter 5 generally especially 5 28 33 Davis Fergal Francis 2007 The History and Development of the Special Criminal Court 1922 2005 Dublin Four Courts Press ISBN 978 1 84682 013 7 S I No 147 1972 Offences Against The State Act 1939 No 13 of 1939 Special Criminal Court Rules 1972 Irish Statute Book Retrieved 1 April 2017 Davis Fergal 15 February 2016 Special Criminal Court is necessary in flawed justice system The Irish Times Retrieved 2 April 2017 All Party Oireachtas Committee on the Constitution 2003 Article 28 3 3 state of emergency and time limit PDF Eighth Progress Report Government Official publications Vol Pn 3795 Dublin Stationery Office pp 16 18 ISBN 0 7076 3858 5 Archived from the original PDF on 9 October 2017 Retrieved 2 April 2017 Constitution Review Group 1996 Report PDF The Government 3 whether Article 28 3 should be amended to provide for a limit on the period during which a law enacting a state of emergency continues to have effect and for preserving certain rights during that period and Trial of Offences 4 special courts Archived from the original PDF on 9 October 2017 Retrieved 2 April 2017 Hederman Report 2002 Chapter 9 generally especially 9 44 Stati di emergenza Archived 2 August 2020 at the Wayback Machine Protezione Civile Le situazioni di emergenza e di grave necessita pubblica in La pubblica sicurezza G Motzo Vicenza 1967 Lo stato di eccezione ed ordinamento democratico Giampiero Buonomo Conte Says Italy to Extend State of Emergency to October Bloomberg Clause 1 A Article 150 Constitution of Malaysia Malaysia lives under state of emergency EU envoy Reuters 13 November 2007 PM declares haze emergency in Muar and Ledang theSundaily 23 June 2013 Archived from the original on 18 October 2015 Retrieved 23 June 2013 Malaysia declares Covid state of emergency amid political turmoil the Guardian 12 January 2021 Retrieved 1 August 2021 Palansamy Yiswaree 15 January 2021 Emergency Ordinance allows Agong to take temporary possession of any private property Malay Mail Malay Mail Retrieved 29 May 2021 Maldives Chief Justice Abdulla Saeed Arrested As President Abdulla Yameen declares state of emergency NDTV news 6 February 2018 Retrieved 6 February 2018 0 Declaration of State of Emergency National Disaster Drought Namibian Constitution Government Gazette Republic of Namibia No 6056 28 June 2016 Civil Defense Emergency Management Act 2002 Legislation govt nz 1 October 2008 Retrieved 29 March 2011 Waterfront Strike Emergency Regulations 1951 PDF New Zealand Legal Information Institute Archived PDF from the original on 12 November 2020 Retrieved 14 February 2023 Death toll at 75 national emergency declared Television New Zealand Retrieved 23 February 2011 Canterbury earthquake timeline Government s and Parliament s response New Zealand Parliament www parliament nz Retrieved 29 May 2021 Herald N Z Covid 19 State of emergency declared in New Zealand ZB Retrieved 25 March 2020 Henare Peeni 21 April 2020 State of National Emergency extended Press release Beehive govt nz Retrieved 23 April 2020 Cyclone Gabrielle New Zealand declares state of emergency BBC News 14 February 2023 Archived from the original on 13 February 2023 Retrieved 14 February 2023 McAnulty Kieran 14 February 2023 State of National Emergency Declared Beehive govt nz New Zealand Government Archived from the original on 14 February 2023 Retrieved 14 February 2023 Nigeria declares emergency in areas hit by Islamists Reuters 14 May 2013 Archived from the original on 18 October 2015 Retrieved 2 July 2017 Boko Haram attacks prompt Nigeria state of emergency BBC News 1 January 2012 Article 134 Personal competences Constitution of the Portuguese Republic Diario da Republica Eletronico Retrieved 18 March 2020 a b Article 19 Suspension of the exercise of rights Constitution of the Portuguese Republic Diario da Republica Eletronico Retrieved 18 March 2020 Article 172 Dissolution Constitution of the Portuguese Republic Diario da Republica Eletronico Retrieved 18 March 2020 Article 289 Circumstances in which revision is restricted Constitution of the Portuguese Republic Diario da Republica Eletronico Retrieved 18 March 2020 Article 138 Declaration of a state of siege or of a state of emergency Constitution of the Portuguese Republic Diario da Republica Eletronico Retrieved 18 March 2020 Papel dos militares muda entre estado de sitio e estado de emergencia Publico in Portuguese 18 March 2020 Retrieved 20 March 2020 Lei de Bases da Proteccao Civil Lei n º 27 2006 Diario da Republica Eletronico Diario da Republica n º 126 2006 Serie I de 2006 07 03 Retrieved 4 May 2020 a b Silviu Molnar Security Zone in Pungesti Heavily Criticized by European Greens Natural Gas Europe 19 December 2013 Retrieved 23 December 2013 in Romanian Comuna Pungești declarată zonă specială de siguranță publică Adevărul 19 December 2013 Retrieved 23 December 2013 Gabriel Petrescu Chevron Moves Forward in Romania Following Establishment of Special Security Zone Natural Gas Europe 14 December 2013 Retrieved 23 December 2013 Statement for the Declaration of Rape and Sexual Violence as a National Emergency by His Excellency President Julius Maada Bio State House 7th February 2019 PDF Archived from the original PDF on 14 November 2019 Retrieved 14 March 2019 Declaration of a State of Public Emergency by His Excellency Dr Julius Maada Bio President of the Republic of Sierra Leone PDF World Health Organization Currie Iain de Waal Johan 2005 Chapter Thirty three States of Emergency The Bill of Rights Handbook 5th ed Cape Town Juta amp Company Ltd pp 798 806 ISBN 978 0 7021 5923 7 Mars A Romero A Alvarez P 4 December 2010 El Gobierno declara el estado de alarma y moviliza a los controladores El Pais in Spanish Madrid Prisa Retrieved 27 October 2019 El Gobierno declara el estado de alarma El Mundo in Spanish Unidad Editorial Internet S L 5 December 2010 Retrieved 27 October 2019 Striking Spain air traffic controllers return to work BBC 4 December 2010 Hernandez Marisol 13 March 2020 Pedro Sanchez decreta el estado de alarma en toda Espana para frenar la expansion del coronavirus El Mundo Benayas Victoria Torres 24 October 2020 Asi son las medidas en la Comunidad de Madrid tras agotarse el estado de alarma EL PAIS in Spanish Retrieved 25 October 2020 Constitution of Sri Lanka PDF Constitution pdf PDF Ministry of Legal Affairs Retrieved 16 September 2021 http www trinidadexpress com news BREAKING NEWS State of Emergency declared 128160123 dead link http www trinidadexpress com news STATE OF EMERGENCY DAY 3 128333238 dead link Trinidad and Tobago s Newsday newsday co tt 5 September 2011 Retrieved 13 May 2016 World News Briefs Trinidad House Speaker Put Under House Arrest The New York Times 5 August 1995 Retrieved 13 May 2016 Hutchinson Jafar Linda 22 August 2011 Trinidad declares state of emergency to fight crime Reuters Retrieved 15 May 2021 a b STATE OF EMERGENCY CURFEW 9P M 5A M Trinidad Express Newspapers Retrieved 15 May 2021 a b Trinidad and Tobago implements State of Emergency to combat covid19 spread Trinidad and Tobago Newsday 15 May 2021 Retrieved 15 May 2021 a b PM announces state of emergency www looptt com Archived from the original on 15 May 2021 Retrieved 15 May 2021 a b It s Not Just India New Virus Waves Hit Developing Countries BloombergQuint Retrieved 15 May 2021 a b Trinidad and Tobago tightens lockdown as COVID 19 cases surge Reuters 3 May 2021 Retrieved 15 May 2021 Hunte Camille SoE for 3 more months T amp T Express Retrieved 16 September 2021 The sovereign of the UK always follows the advice of the Prime Minister on any action with constitutional significance Youngstown Sheet amp Tube Co v Sawyer 1953 Washington gov declares weather emergency USA Today 10 December 2015 Retrieved 10 December 2015 US Presidential Proclamation 7463 Dress Brad 12 September 2022 These 10 states still have COVID emergency orders in place The Hill Retrieved 3 March 2023 https www courthousenews com biden extends 9 11 state of emergency by a year Projekt uchwaly Rady Ministrow o skierowaniu do Prezydenta Rzeczypospolitej Polskiej wniosku o wprowadzenie stanu wyjatkowego na obszarze czesci wojewodztwa podlaskiego oraz czesci wojewodztwa lubelskiego Kancelaria Prezesa Rady Ministrow Portal Gov pl Kancelaria Prezesa Rady Ministrow Stan wyjatkowy Prezydent bezobjawowy Podlosc polskich wladz Fala komentarzy gazetapl Alberta declares state of public health emergency implements vaccine passport archived from the original on 12 December 2021 retrieved 9 October 2021 Ethiopia declares nationwide state of emergency www aljazeera com Lithuania declares state of emergency on border with Belarus www lrt lt 9 November 2021 Wisconsin s Governor Declares State of Emergency Amid Protests The Wall Street Journal 26 August 2020 Retrieved 25 August 2020 Governor Newsom Declares Statewide Emergency Due to Fires Extreme Weather Conditions California Governor 18 August 2020 Retrieved 10 September 2020 Georgia governor declares state of emergency The Mercury News 6 July 2020 Retrieved 7 July 2020 Government officials declare state of national emergency in New Zealand amid COVID 19 pandemic Newshub Retrieved 27 March 2020 Govt to invoke emergency rule Bangkok Post Currie Brooklyn 22 March 2020 N S declares state of emergency in response to COVID 19 CBC News Retrieved 19 July 2021 V Kirgizii vvoditsya rezhim chrezvychajnoj situacii TASS Mensagem do Presidente da Republica ao Pais sobre a declaracao do estado de emergencia Palacio de Belem 18 de marco de 2020 Message of the President of the Republic to the Country on the declaration of a state of emergency Presidency of the Portuguese Republic in Portuguese 18 March 2020 Retrieved 18 March 2020 Marcelo abre caminho a Costa para regresso timido a normalidade Marcelo clears the way for Costa to lead a timid return to normal Publico in Portuguese 28 April 2020 Retrieved 3 May 2020 Portugal despede se do confinamento sem voltar a normalidade Portugal says farewell to confinement without returning to normal Jornal Economico in Portuguese 3 May 2020 Retrieved 4 May 2020 This is a serious moment in our history Alberta Premier Jason Kenney declares public health emergency www cbc ca Retrieved 17 March 2020 We must act decisively Ontario Premier Doug Ford declares state of emergency amid COVID 19 outbreak www cbc ca Retrieved 17 March 2020 Luna Franco 17 March 2020 Duterte declares nationwide state of calamity The Philippine Star Retrieved 17 March 2020 V Armenii vveli rezhim chrezvychajnogo polozheniya TASS State of emergency declared throughout Serbia www srbija gov rs 15 March 2020 Ukaz Prezidenta Respubliki Kazahstan ot 15 marta 2020 goda 285 O vvedenii chrezvychajnogo polozheniya v Respublike Kazahstan Informacionnaya sistema PARAGRAF COVID 19 Legault declares a public health emergency montreal ctvnews ca Retrieved 17 March 2020 Blas Carlos E Cue Claudi Perez Elsa Garcia de 13 March 2020 Sanche decreta el estado de alarma durante 15 dias EL PAIS in Spanish Retrieved 13 March 2020 a href Template Cite web html title Template Cite web cite web a CS1 maint multiple names authors list link Hansen Claire 13 March 2020 Trump Reportedly Planning to Declare National Emergency Over Coronavirus Pandemic www usnews com Retrieved 14 March 2020 Shepherd Michael 15 March 2020 Janet Mills declares state of emergency after Maine announces new coronavirus cases Bangor Daily News Retrieved 5 March 2023 Minnesota Executive Order 20 01 Declaring a Peacetime Emergency PDF State of Minnesota Executive Department Retrieved 13 March 2020 Louisiana Declares Public Health Emergency for Coronavirus U S News amp World Report 11 March 2020 Proclamation by the Governor PDF State of Alabama Executive Department Retrieved 22 July 2020 Brown Zoe Kansas sees first coronavirus death governor declares state of emergency KCTV Kansas City Archived from the original on 1 April 2020 Retrieved 16 March 2020 Virginia Governor Ralph Northam March www governor virginia gov Gov Evers declares public health emergency over coronavirus risk to residents remains low Associated Press 12 March 2020 Executive Order 2020 004 PDF Governor of New Mexico First cases of coronavirus confirmed in Michigan Whitmer declares state of emergency WXYZ 11 March 2020 Baker Declares State Of Emergency 92 Total Coronavirus Cases In Massachusetts News 10 March 2020 Governor Cooper Declares State Of Emergency To Respond To Coronavirus COVID 19 www ncdhhs gov State of emergency in Colorado as coronavirus cases rise to 17 10 March 2020 Bischoff Laura A Bureau Columbus Gov DeWine declares state of emergency after 3 residents contract coronavirus dayton daily news State of Oregon Newsroom NewsDetail State of Oregon www oregon gov McKinley Jesse Sandoval Edgar 7 March 2020 Coronavirus in N Y Cuomo Declares State of Emergency The New York Times Newsletter State of emergency declared over coronavirus 5 March 2020 a b Leins Casey 2 March 2020 Washington Florida Governors Declare State of Emergency for Coronavirus US News and World Report Retrieved 19 July 2021 Veszelyhelyzetet hirdet az orszag teljes teruletere a kormany koronavirus gov hu in Hungarian Cabinet Office of the Prime Minister 11 March 2020 Retrieved 19 March 2020 State of emergency declared for Tennessee after deadly tornadoes 3 March 2020 Archived from the original on 19 August 2013 Retrieved 20 February 2022 Malaysia s king declares state of emergency to curb spread of Covid 19 CNN 12 January 2021 Retrieved 12 January 2021 Kageyama Yuri 7 January 2021 Japan declares emergency for Tokyo area as cases spike AP News Retrieved 19 July 2021 New Mexico Declares Security Emergency Ahead of Inauguration US News and World Report Associated Press 14 January 2021 Retrieved 19 July 2021 Axelrod Tal 15 January 2021 Maryland governor declares state of emergency ahead of Biden s inauguration The Hill Retrieved 19 July 2021 Rosario Nicole Del 6 January 2021 Gov Ralph Northam issues new curfew State of Emergency in Virginia WSLS Retrieved 8 January 2021 Woodward Alex 12 January 2021 Trump approves emergency declaration for Biden inauguration The Independent Archived from the original on 24 May 2022 Retrieved 19 July 2021 Thailand Declares State Of Emergency Amid Anti Government Protests NPR 16 October 2020 Retrieved 16 October 2020 Coronavirus le Maroc declare l etat d urgence sanitaire Jeune Afrique JeuneAfrique com in French Retrieved 27 April 2022 NSW Premier declares state of emergency for catastrophic fire conditions ABC News Australia Sydney 10 November 2019 Retrieved 10 November 2019 Ecuador protests State of emergency declared as fuel subsidies end BBC News Retrieved 5 October 2019 Ecuador protests Hundreds held as president decries criminals BBC News Retrieved 6 October 2019 Chile protests state of emergency declared in Santiago as violence escalates The Guardian Retrieved 19 October 2019 Chile extends curfew again as violent unrest paralyzes one of Latin America s biggest cities CNN Retrieved 26 October 2019 Chile nearly a month of protests France 24 Retrieved 16 November 2019 Sri Lanka government says local Islamist group behind blasts to declare emergency from midnight The Straits Times Archived from the original on 22 April 2019 Retrieved 22 April 2019 Death toll rises to 359 in Sri Lanka bombings more arrested Associated Press 24 April 2019 Archived from the original on 24 April 2019 Retrieved 24 April 2019 Death toll from Easter Sunday attacks climbs to 321 AdaDerana 23 April 2019 Retrieved 23 April 2019 Sri Lanka State of emergency lifted as security established Minister Archived from the original on 27 August 2019 Retrieved 8 October 2019 Presidential Proclamation on Declaring a National Emergency Concerning the Southern Border of the United States whitehouse gov Retrieved 16 February 2019 via National Archives As Congress Passes Spending Bill Trump Plans National Emergency to Build Border Wall The New York Times 14 February 2019 Retrieved 17 February 2019 Iqbal Amas Manveena Suri Steve George 7 March 2018 Sri Lanka declares state of emergency in wake of communal violence CNN Why has Ethiopia imposed a state of emergency BBC News 21 February 2018 Joe Sterling Sarah Sirgany and Ian Lee 10 April 2017 Egypt Cabinet OKs state of emergency after Palm Sunday church bombings CNN Retrieved 26 May 2017 Astor Maggie Caron Christina Victor Daniel 13 August 2017 A Guide to the Charlottesville Aftermath The New York Times Proclamation No 55 s 2016 Official Gazette 4 September 2016 Retrieved 28 September 2021 Manahan Job 27 July 2023 Marcos lifts state of national emergency due to lawless violence in Mindanao ABS CBN News Retrieved 27 July 2023 Bordey Hana 27 July 2023 Marcos lifts state of nat l emergency due to lawless violence in Mindanao GMA News Online Retrieved 27 July 2023 State of Florida Executive order number 16 142 PDF Flgov com 12 June 2016 Retrieved 9 September 2016 Buitrago Deisy Ulmer Alexandra 13 May 2016 Venezuela president declares emergency cites U S domestic threats Reuters Retrieved 14 May 2016 Venezuela president declares 60 day state of emergency blaming US for instability The Guardian 14 May 2016 Retrieved 14 May 2016 Venezuela president declares emergency citing U S domestic threats The Telegraph 14 May 2016 Archived from the original on 11 January 2022 Retrieved 14 May 2016 Bush Jason 22 November 2015 A state of emergency has been declared in Crimea after electricity pylons were blown up The Independent Archived from the original on 24 May 2022 Retrieved 13 May 2020 France s Macron seeks to extend state of emergency to November 24 May 2017 Burma State of emergency imposed in Meiktila BBC News 22 March 2013 Retrieved 13 May 2016 Egypt renews tough emergency laws BBC News 12 May 2010 Retrieved 25 January 2011 Egypt state of emergency lifted after 31 years BBC News 31 May 2012 Tunisia Ex President Ben Ali flees to Saudi Arabia BBC News 15 January 2011 Retrieved 15 January 2011 Vlada schvalila nudzovy stav Petit Press a s 28 November 2011 Retrieved 28 November 2011 100 held in Trinidad and Tobago s state of emergency the Guardian 25 August 2011 Retrieved 15 May 2021 Bahrain Declares State of Emergency Financial Times 15 March 2011 Archived from the original on 10 December 2022 Retrieved 15 March 2011 Thai protests force Asia summit cancellation Reuters 11 April 2009 Thai govt declares state of emergency in Bangkok Reuters 12 April 2009 UPDATE 1 Slovakia to call state of emergency over gas Reuters 6 January 2009 Retrieved 27 September 2021 Bangladesh Leader Declares State of Emergency The New York Times 12 January 2007 Retrieved 27 September 2021 Thailand State of emergency declared in Bangkok The Guardian 2 September 2008 Retrieved 27 September 2021 Thai emergency lifted search for new PM goes on Reuters 14 September 2008 Retrieved 27 September 2021 Mongolia under state of emergency Retrieved 13 May 2016 n Armenian President Kocharyan declares state of emergency Musharraf Declares State of Emergency The New York Times 3 November 2007 Retrieved 27 September 2021 Arroyo declares state of emergency amid coup rumors The New York Times 24 February 2006 Retrieved 28 September 2021 Proclamation No 1017 s 2006 Official Gazette 24 February 2006 Retrieved 28 September 2021 State of emergency declared in Philippines The Guardian 24 February 2006 Retrieved 28 September 2021 Portugal fires threaten thousands BBC News 23 August 2005 Retrieved 28 September 2021 Protests Escalate in Ecuador s Capital The Washington Post 18 April 2005 Retrieved 28 September 2021 State of emergency in Georgia CNN 22 November 2003 Retrieved 28 September 2021 New Yorkers face new emergency CNN 14 August 2003 Retrieved 28 September 2021 Governor Declares State of Emergency in Southeast Michigan Government of Michigan 15 August 2003 Retrieved 28 September 2021 Ontario declares state of emergency CBC News 14 August 2003 Retrieved 28 September 2021 Acting Serbian President declares state of emergency ReliefWeb 12 March 2003 Retrieved 28 September 2021 State of Emergency in Paraguay 1 Dies in Unrest Over Economy The New York Times 15 July 2002 Retrieved 28 September 2021 Nepal considers state of emergency CNN 26 November 2001 Retrieved 28 September 2021 State of emergency in Seattle The Guardian 1 December 1999 Retrieved 28 September 2021 Albania Declares State of Emergency Los Angeles Times 3 March 1997 Retrieved 28 September 2021 Trinidad House Speaker Put Under House Arrest The New York Times Trinidad And Tobago 5 August 1995 Retrieved 29 March 2011 LA riots How 1992 changed the police BBC News 29 April 2012 Retrieved 28 September 2021 The L A Riots 25 years later Los Angeles Times 26 April 2017 Retrieved 28 September 2021 STATE OF EMERGENCY IMPOSED IN MOLDOVA The Washington Post 29 March 1992 Retrieved 28 September 2021 Trinidad marks 1990 coup attempt BBC News 27 July 2010 Retrieved 28 September 2021 State of Emergency 1985 South African History Online Retrieved 28 September 2021 Espinoza Castro v I N S 242 F 3d 1181 30 2001 McRoberts Kenneth Catalonia Nation Building Without a State Oxford University Press New York 2001 pp 36Bibliography editAgamben Giorgio 2005 State of Exception Chicago University of Chicago Press ISBN 978 0 226 00925 4 Excerpt online A Brief History of the State of Exception Barzilai Gad 1996 Wars Internal Conflicts and Political Order Albany State University of New York Press ISBN 0 7914 2943 1 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 Hederman Anthony J Committee to Review the Offences against the State Acts 1939 to 1998 August 2002 Report PDF Retrieved 2 April 2017 a href Template Cite web html title Template Cite web cite web a CS1 maint numeric names authors list link Carl Schmitt On Dictatorship and Political Theology Wolf Conradin 2005 Ausnahmezustand und Menschenrecht Hussein Nassar 2003 The Jurisprudence of Emergency Ann Arbor University of Michigan Press Rooney Bryan 2019 E mergency powers in democratic states Introducing the Democratic Emergency Powers dataset Research amp PoliticsExternal links editUnited 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 PACE report 2009 Opinion on the protection of human rights in emergency situations Venice Commission 2006 Retrieved from https en wikipedia org w index php title State of emergency amp oldid 1187158947, wikipedia, wiki, book, books, library,

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