State of emergency

A state of emergency is a situation in which a government is empowered to perform actions that it would normally not be permitted. A government can declare such state during a disaster, civil unrest, or armed conflict. Such declaration alerts citizens to change their normal behavior and orders government agencies to implement emergency plans. Justitium is its equivalent in Roman law—a concept in which the senate could put forward a final decree (senatus consultum ultimum) that was not subject to dispute.

States of emergency can also be used as a rationale or pretext for suspending rights and freedoms guaranteed under a country's constitution or basic law. The procedure for and legality of doing so vary by country.

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

Relationship with international law

Under international law, rights and freedoms may be suspended during a state of emergency; for example, a government can detain persons and hold them without trial. All rights that can be derogated from are listed in the International Covenant for Civil and Political Rights. Non-derogable rights cannot be suspended.[1] Non-derogable rights are listed in Article 4 of the ICCPR; they include right to life, the rights to freedom from arbitrary deprivation of liberty, slavery, torture, and ill-treatment.[2]

Some countries have made it illegal to modify emergency law or the constitution during the emergency; other countries have the freedom to change any legislation or rights based constitutional frameworks at any time that the legislative chooses to do so. Constitutions are contracts between the government and the private individuals of that country. The International Covenant for Civil and Political Rights (ICCPR) is an international law document signed and ratified by states. Therefore, the Covenant applies to only those persons acting in an official capacity, not private individuals. However, States Parties to the Covenant are expected to integrate it into national legislation. The state of emergency (within the ICCPR framework) must be publicly declared and the Secretary-General of the United Nations and all other States Parties to the Covenant must be notified immediately, to declare the reason for the emergency, the date on which the emergency is to start, the derogations that may take place, with the timeframe of the emergency and the date in which the emergency is expected to finish. Although this is common protocol stipulated by the ICCPR, its monitoring Committee of experts has no sanction power and its recommendations are therefore not always strictly followed; enforcement is therefore better regulated by the American and European Conventions and Courts on human rights.[3]

Use and viewpoints

Though fairly uncommon in democracies, 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.[4] 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. Ms. Nicole Questiaux (France) and Mr. 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 International Covenant on Civil and Political Rights (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[5] and American Convention on Human Rights[6] have similar derogatory provisions. No derogation is permitted to the International Labour Conventions.

Some political theorists, such as 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.[7]

Graduation

In many democratic states there are a selection of legal definitions for specific states of emergency[8], 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

Sometimes, 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.[9]

Law in selected countries

Argentina

The Constitution, 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 (as of 2010 a state of emergency had been declared 52 times by democratic and dictatorial governments, starting in 1854 shortly after the constitution came into force[10]). 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

State-of-emergency legislation differs in each state of Australia.

In Victoria, the premier can declare a state of emergency if there is a threat to employment, safety or public order. The declaration expires after 30 days, and a resolution of either the upper or lower House of Parliament may revoke it earlier. Under the Public Safety Preservation Act, a declared state of emergency allows the premier to immediately make any desired regulations to secure public order and safety. However, these regulations expire if Parliament does not agree to continue them within 7 days. Also, under the Essential Services Act, the premier (or delegate) may operate or prohibit operation of, as desired, any essential service (e.g., transport, fuel, power, water, gas).

In regards 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.

See also, Exceptional circumstances; a term most commonly used in Australia with regard to emergency relief payments.

Brazil

Extreme act that, in Brazil (Estado de Sítio or Estado de Exceção, in Portuguese), can be declared on the following circumstances:

  • Serious disturbance with national impact;
  • Inefficiency on the Defense State previously decreed;
  • Declaration of war;
  • Response to foreign armed aggression.

The state of emergency could last for 30 days, being possible to extend it for more days in case of persistence of the reasons of exceptionality.

Only the President is able to declare or prorogate this State; after receiving formal authorization from National Congress and after consultation with the National Security Council or the Council of the Republic.

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.[11] There are different levels of emergencies: Public Welfare Emergency, Public Order Emergency, International Emergency, and War Emergency.[12]

The Emergencies Act replaced the War Measures Act in 1988. The War Measures Act was invoked three times in Canadian history, most controversially during the 1970 October Crisis, and also during World War I (from 1914 to 1920, against threat of Communism) and 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.[13] 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.

Denmark

The police chief in a district can impose a zone in which people can be body searched without a specific suspicion. Such an order must be issued in writing, published, and imposed for a limited period. The police law (article 6) regulates this area.[14] The normal procedure calls for assisting the suspect to a private area and stripping them.[15]

If the police feel that a situation involving a crowd of people can get out of hand, they can order the assembly to be dissolved and "pass the street" in the name of the king. People that after three such warnings are still part of the crowd can then without further warning be subjugated to mass arrest. All people arrested can then be detained for 24 hours without charging them or taking them for a judge. This is called a precluding arrest.

Egypt

Egyptians lived under an Emergency Law (Law No. 162 of 1958)[16] from 1967 to 2012, except for an 18-month break in 1980 and 1981. The emergency was imposed during the 1967 Arab-Israeli War, and reimposed following the assassination of President Anwar Sadat. The law continuously extended every three years since 1981. Under the law, police powers were extended, constitutional rights suspended and censorship was legalized.[17] 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.[18] The emergency rule expired on May 31, 2012, and was put back in place in January 2013.[19][20] Egypt declared a month-long national emergency on 14 August 2013.[21]

The Egyptian presidency announced a one-month state of emergency across the country on August 14, 2013 and ordered the armed forces to help the Interior Ministry enforce security. The announcement made on state TV followed deadly countrywide clashes between supporters of deposed President Mohammed Morsi and the security forces.[22]

France

Police nationale en service en réponse aus Attentats à Paris, November 15, 2015
State of emergency in Paris, November 2015

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).[23] 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. These dispositions have been used at various times, in 1955, 1958, 1961, 1988, 2005, and 2015.

Germany

The Weimar Republic constitution (1919–1933)[24] allowed states of emergency under Article 48 to deal with rebellions. Article 48 was often invoked during the 14-year life of the Republic, sometimes for no reason other than to allow the government to act when it was unable to obtain a parliamentary majority.

After the February 27, 1933, Reichstag fire, an attack blamed on the communists, Adolf Hitler declared a state of emergency using Article 48, and then had President von Hindenburg sign the Reichstag Fire Decree, which suspended the Weimar Constitution for the whole duration of the Third Reich: the Weimar Constitution was never actually repealed by Nazi Germany, but "indefinitely suspended". After the prohibition of the Communist Party of Germany on March 1, 1933, the Nazi Party was free to vote in the March 23, 1933 Enabling Act, which enabled Chancellor Adolf Hitler and his cabinet to enact laws without the participation of the Reichstag. 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 May 30, 1968, despite fierce opposition by the so-called extra-parliamentary opposition (see German student movement for details).

Hong Kong

The Standing Committee of the National People's Congress can declare a state of emergency and deploy troops from the People's Liberation Army Hong Kong Garrison under the Law of the People's Republic of China on the garrisoning of the Hong Kong Special Administrative Region.

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 and appoint special constable all under Chapter 245 ("Public Order Ordinance") of Hong Kong Law.

Since 1997, no emergency measures have been enacted. Prior to that date, emergency measures were used for four major incidents:

Hungary

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

The Icelandic constitution provides no mechanism for state of emergency nor martial law.

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 cabinet 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 India-China war — "the security of India" having been declared "threatened by external aggression".
  2. Between 3 December 1971 to 21 March 1977 originally proclaimed during the Indo Pakistan 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 Emergency was declared by the president, on advice of Jawaharlal Nehru, the then Prime Minister, and by President Fakhruddin Ali Ahmed on advice of the then Prime Minister, Indira Gandhi The provisions of the Constitution allows the Prime Minister to rule by decree.

Ireland

In Ireland declaring a state of "national emergency" involves Article 28.3.3° of the 1937 Constitution of Ireland, which states that:[25]

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,[26] and the Defence Forces are not bound by habeas corpus.[27]

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.[28] By the 2nd Amendment of 1941, an emergency ends, not automatically when the war does, but only by Oireachtas resolutions.[29] The 21st Amendment of 2002 prevents the reintroduction of capital punishment during an emergency.[30]

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).[31][32] (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.[33][34] 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.[35] 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.[36] President Cearbhall Ó Dálaigh referred the bill under Article 26 of the Constitution to the Supreme Court, which upheld its constitutionality.[37] 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.[38]

The Offences against the State Act does not require a state of emergency under Article 28.3.3°.[39][40] Part V of the Act, which provides for a non-jury Special Criminal Court (SCC), is permitted under Article 38.3.1°.[41][42] 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).[39][43][44] 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.[45][46]

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.[47][48][49]

Israel and Palestine

Israel's Emergency Defence Regulations are 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.

Macau

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.

The Chief Executive of Macau can use the Macau national security law to prohibit public gatherings, issue curfew orders, prohibit other activities perceived to be a threat against the Region or China.

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

Malaysia

In Malaysia, if the Yang di-Pertuan Agong (Monarch) is satisfied that a grave emergency exists whereby the security, or the economic life, or public order in the Federation or any part thereof is threatened, he may issue a Proclamation of Emergency making therein a declaration to that effect.[50]

In the history of Malaysia, a state of emergency was declared by the then-colonial government of Britain. The state of emergency lasted from 1948 until 1960 to deal with the communists led by Chin Peng.

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

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

On August 11, 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).

Thiery Rommel, the European Commission's envoy to Malaysia, told Reuters by telephone on November 13, 2007 (the last day of his mission) that, "Today, this country still lives under (a state of) emergency."[51] 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 June 23, 2013 a state of emergency was declared by Prime Minister Najib Abdul Razak for Muar and Ledang, Johor as smoke from land-clearing fires in Indonesia pushed 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.[52]

Maldives

On February 5, 2018, a state of emergency was declared by Maldives's President Abdulla Yameen for 15 days and ordered security forces into the supreme court and arrested a former president Maumoon Abdul Gayoom and the Chief Justice of Honorable Supreme court of Maldives. [53]

Namibia

Namibia declared last a State of Emergency due to an ongoing drought in 2016.[54]

New Zealand

The Civil Defence Emergency Management Act 2002 gives the government and local city council the power to issue a state of emergency, either over the entire country or within a specific region.[55] This may suspend ordinary work and essential services if need be. The state of emergency in New Zealand expires on the commencement of the seventh day after the date on which it was declared, unless it is extended. However, the minister of civil defence or local mayor may lift the state of emergency after an initial review of the region's status.

Nigeria

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

On 14 May 2013, Goodluck Jonathan declared a state of emergency for the entire northeastern states of Borno, Yobe and Adamawa.[57] 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.[58]

Pakistan

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.

Romania

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

  • State of alert (Stare de alertă in Romanian): 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). The civilian population is subject to strict regulations, imposed by the type of emergency. All private and public non-crucial activities are suspended. Essential services might be disrupted. This situation can be enforced in case of extreme circumstances, such as a war.
  • Special zone of public safety (Zonă specială de siguranță publică in Romanian): Administrative, can be enforced by local police. This implies installation of road check-points and higher numbers in police and 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.[59][60]

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

The last instance in which the special zone of public safety was enforced was in December 8, 2013-ongoing, in Pungești, Vaslui following civil unrest in Pungești from Chevron's plans to begin exploring shale-gas in the village.[61] 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.[59] This special security zone has faced domestic and international criticism for alleged human-rights abuses.

Sierra Leone

Sierra Leone declared, on 7 February 2019, a State of Emergency due to ongoing rape and sexual violence in the country.[62]

South Africa

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.[63]

During a state of emergency the President 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 inhuman 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. He or she must be brought before a court within at most ten days, for the court to determine whether the detention is necessary, and if not released may demand repeated review every ten days. At the court review the detainee must be allowed legal representation and must be allowed to appear in person. The provisions on detention without trial do not apply to prisoners of war in an international conflict; instead they must be treated in accordance with the Geneva Conventions and other international law.

Spain

In Spain, there are three degrees of state of emergency (estado de emergencia in Spanish): 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 December 4, 2010, the first state of alert was declared following the air traffic controllers strike. It was the first time since the Francisco Franco's regime that a state of emergency was declared.[64]

Sri Lanka

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.[65]

Switzerland

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

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 legislature for constitutional review.

Trinidad and Tobago

A state of emergency was declared in 1970 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,[66][67] a state of emergency was declared during the coup attempt and for a period after the coup.

On August 4, 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.[68] 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.[69]

The Prime Minister Kamla Persad-Bissessar announced a state of emergency on 22 August 2011 at 8:00 pm in an attempt to crack down on the trafficking of illegal drugs and firearms, in addition to gangs. The decision of the President, George Maxwell Richards, to issue the proclamation for the state of emergency was debated in the country's Parliament as required by the Constitution on September 2, 2011 and passed by the required simple majority of the House of Representatives. On September 4 the Parliament extended the state of emergency for a further 3 months. It ended in December 2011.

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 Erdogan on 20 July 2016 following a failed coup attempt on 15 July 2016 by a faction of the country's armed forces.

United Kingdom

In the United Kingdom, only the British Sovereign, on the advice of the Privy Council (or a Minister of the Crown in exceptional circumstances) is able to proclaim emergency regulations under the Civil Contingencies Act 2004 in case of any seriously fatal threats to their human welfare, their human society, and their environment, such as warfare or terrorism. These regulations last for a maximum of thirty days unless 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 for the modification of primary legislation by emergency regulation, with the exception of the Human Rights Act 1998 and Part 2 of the Civil Contingencies Act 2004.

United States

The United States Constitution explicitly provides some emergency powers:

  • 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.[70]

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 December 10, 2015, Washington state Governor Jay Inslee declared a state of emergency due to flooding and landslides caused by heavy rains.[71]

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.[72]

Examples

Ongoing

Past states of emergency

  • In March 2018 a state of emergency was imposed in Sri Lanka in the city of Kandy for a period of 10 days following clashes between Sinhalese and Muslims.[82]
  • On August 12, 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.[83]
  • On September 21, 2016, a state of emergency was declared in the U.S state of North Carolina for riots in Charlotte after a police shooting of a black male.
  • On September 4, 2016, a state of emergency was declared in the Philippines by President Rodrigo Duterte following the September 2 bombings in Davao City that killed 14 people and seriously wounded at least 60 others.
  • On 12 June 2016, following the 2016 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.[84]
  • France declared a state of emergency in response to the November 2015 Paris attacks which after five extensions ended in November 2017.[85]
  • The U.S state of Maryland declared a state of emergency and activated the National Guard of the United States on April 27, 2015, as a direct result of the rioting and widespread physical violence during protesting in Baltimore due to the Death of Freddie Gray.
  • 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.[16][18][86] The state of emergency expired on May 31, 2012.[87]
  • Tunisia declared state of emergency January 2011, following unrest from economic issues.[88]
  • November 28, 2011 – Slovakia declared a state of emergency for numerous hospitals, due to mass medicare workers resignation.[89]
  • March 15, 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.[90]
  • September 30, 2010 – A state of emergency was declared in Ecuador due to a coup by armed forces.
  • April 11, 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 sea-side resort city of Pattaya, in the then-venue site of the ASEAN was being held, immediately resulting in its cancellation.[91] Another state of emergency on April 12, 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.[92]
  • January 2009 – Slovakia was in a state of emergency due to natural gas supply shortage.
  • January 11, 2007 – Bangladesh was in a state of emergency due to electoral violence. This ended on December 16, 2008, when new parliamentary elections were organized.
  • November 26, 2008 - In Maharashtra state, India, Maharashtra Government declared a state of Emergency following the 2008 Mumbai attacks.
  • September 2, 2008 – A state of emergency was declared in Bangkok by Prime Minister Samak Sundaravej following civil unrest; it was lifted on September 14, 2008.
  • July 1, 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.[93]
  • March 2008 – Armenia was in a state of emergency from March 2, 2008 to March 20, 2008, declared by President Robert Kocharyan in response to protests over the 2008 Armenian presidential elections.[94]
  • November 3, 2007 – Pakistan was in a state of emergency from November 3, 2007 to December 15, 2007. 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.
  • February 24, 2006 – the Philippines declared a state of emergency via Philippine Proclamation 1017 for one week until Philippine Proclamation 1021, 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.
  • Mid-August 2005 – Sucumbios and Orellana, two provinces of Ecuador, because of indigenous protests against oil firms
  • April 15, 2005 – Quito, capital of Ecuador due to protests; lifted less than a day later, on April 17, 2005.
  • December 2004 – Sri Lanka, Indonesia and Maldives because of the tsunami.
  • November 2003 – Georgia, following weeks of civil unrest.
  • August 2003 – Michigan, Ohio, New York, United States, and Ontario, Canada, in response to the 2003 North America blackout.
  • March 2003 – Serbia after assassination of Zoran Đinđić (vanredno stanje).
  • July 2002 – Paraguay, in response to public unrest.
  • November 2001 – Nepal, in response to increased guerrilla activity.
  • November 30, 1999 – The U.S city of Seattle, Washington, stemming from protest of the WTO Ministerial Conference of 1999 and police reaction to it.
  • May–June 1998 – Indonesia declares state of emergency, due to May 1998 riots of Indonesia.
  • March 2, 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 March 1, Prime Minister Aleksandër Meksi resigned and on March 2 President Sali Berisha declared a state of emergency.
  • August 5, 1995 – Trinidad and Tobago to remove Speaker of the House Occah Seapaul who refused to resign.[95]
  • 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 in response of the 1992 Los Angeles riots. After Rodney King was video taped being beaten by White police men, that was acquitted by jury at trial.
  • March 1992 – Republic of Moldova, in response to War of Transnistria
  • 1992 to 2011 – Algeria endures a 19-year state of emergency enacted at the beginning of the 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.[9]
  • August 1991 – Soviet Union, enemies of Mikhail Gorbachev's reforms evoked the state of emergency because Gorbachev, according to them, was destroying both communism and the state itself. The leader of the coup was Gennady Yanayev.
  • July–August 1990 – Trinidad and Tobago declared a state of emergency when a group stormed Parliament and a TV Station holding government officials, including the Prime Minister at ransom. See Jamaat al Muslimeen coup attempt
  • July 1985 to February 1990 – South Africa, in response to increasing civil unrest and township violence opposing apartheid rule.
  • 1975 to 1977 – India, Indira Gandhi declared a state of emergency in 1975 in response to political opposition and her own conviction on charges of electoral fraud. The Emergency lasted for 19 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 British 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."[96]
  • 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
  • March 18, 1907 – Moldavia and Wallachia in Romania during the 1907 Romanian Peasants' Revolt.

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See also

Bibliography

  • 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")
  • 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.
  • 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..

External links

2006 state of emergency in the Philippines

The Philippines was under a state of emergency, announced by presidential spokesperson Ignacio Bunye on the morning of February 24, 2006, by the virtue of Proclamation No. 1017. This occurred after the government claimed that it foiled an alleged coup d'état attempt against the rule of President Gloria Macapagal-Arroyo earlier that same day. State security services also claimed that it had arrested a general who was involved in the coup attempt. President Arroyo lifted the state of emergency on March 3, 2006 by the virtue of Proclamation No. 1021.

The state of national emergency also led to a temporary suspension of lower-level education classes and an immediate revocation on all licenses and permits to hold demonstrations and protests. The government, informally known as Malacañang, after the presidential palace, also suspended all public activities on the same day and even on succeeding days. Under the provisions of the 1987 Constitution, the government was allowed at the moment to detain anyone indefinitely without the privilege of the writ of habeas corpus.

President Arroyo assured Filipinos that the situation was under control and the state of emergency would not be abused.Arroyo had justified the declaration of a state of emergency with her statement of "clear and present danger to our Republic that we have discovered and thwarted." Critics claimed that this was an attempt by Arroyo to seize political power due to her sagging influence and popularity, and some drew similarities to the actions of her predecessor, Ferdinand Marcos, when he declared martial law in 1972.

On March 3, 2006 (one week after the proclamation), by the virtue of Proclamation No. 1021, the President lifted the state of emergency.

2008 Armenian presidential election protests

A series of mass protests were held in Armenia in the wake of the Armenian presidential election of 19 February 2008. Mass protests against alleged electoral fraud were held in the capital city of Yerevan and organised by supporters of the unsuccessful presidential candidate and first President of the Republic of Armenia, Levon Ter-Petrosyan.

The protests began on 20 February, lasted for 10 days in Yerevan's Freedom Square, and involved tens of thousands of demonstrators during the day and hundreds camping out overnight. Despite the urges of the government to stop the demonstrations, the protests continued until 1 March. After nine days of peaceful protests at the Freedom Square, the national police and military forces tried to disperse the protesters on 1 March. On the morning of 1 March, police and army units dispersed the 700–1,000 persons who remained overnight, beating them with truncheons and electric-shock devices. As a result, 10 people were killed. As of 4 March, many protesters were still missing. On 1 March, Ter-Petrosyan was placed under de facto house arrest.At noon on 1 March, a crowd of at least 10,000 protesters held a rally in front of the French Embassy. Police officers pulled away from the area by 16:00, as they were overwhelmed by the growing number of demonstrators. Activists then used abandoned police buses to set up barricades. In the evening, clashes broke out between riot police and about 2,000 protesters who barricaded themselves at Miasnikyan Square. At around 22:00, President Robert Kocharyan, with the approval of the Armenian parliament, declared a 20-day state of emergency, banning future demonstrations and censoring the media from broadcasting any political news except those issued by official state press releases. Kocharian justified the decision on the grounds that a minority of demonstrators looted a nearby grocery store on Mashtots Avenue and set fire to a handful of police vehicles and buses (while the riot police, special forces and army looked on from 1 km away from Shahumyan Square without intervening). Opposition leaders say that the looters had nothing to do with the demonstration, and that they were led by agent provocateurs. With the state of emergency in effect, at around 4:00 on 2 March, Levon Ter-Petrosyan asked the protesters near the French Embassy to go home, thus ending the protests.The tragic events of 1 March 2008 are simply referred to as Marti mek (Armenian: Մարտի մեկ "March First") in Armenia.

2016 state of emergency in Venezuela

On 13 May 2016 a state of emergency was declared in Venezuela by President Nicolás Maduro. The details of this emergency condition were not explained by Maduro but he mentioned conspiracy within the country and from an OPEC country and the United States to overthrow the Caracas government. The last state of emergency occurred in 2015 due to issues near the Colombian border, resulting in the suspension of constitutional guarantees and the Venezuela–Colombia migrant crisis.

Abrupt climate change

An abrupt climate change occurs when the climate system is forced to transition to a new climate state at a rate that is determined by the climate system energy-balance, and which is more rapid than the rate of change of the external forcing. Past events include the end of the Carboniferous Rainforest Collapse, Younger Dryas, Dansgaard-Oeschger events, Heinrich events and possibly also the Paleocene–Eocene Thermal Maximum. The term is also used within the context of global warming to describe sudden climate change that is detectable over the time-scale of a human lifetime, possibly as the result of feedback loops within the climate system.Timescales of events described as 'abrupt' may vary dramatically. Changes recorded in the climate of Greenland at the end of the Younger Dryas, as measured by ice-cores, imply a sudden warming of +10 °C (+18 °F) within a timescale of a few years. Other abrupt changes are the +4 °C (+7.2 °F) on Greenland 11,270 years ago or the abrupt +6 °C (11 °F) warming 22,000 years ago on Antarctica. By contrast, the Paleocene-Eocene thermal maximum may have initiated anywhere between a few decades and several thousand years. Finally, Earth Systems models project that under ongoing greenhouse gas emissions as early as 2047, the Earth's near surface temperature could depart from the range of variability in the last 150 years, affecting over 3 billion people and most places of great species diversity on Earth.

Black January

Black January (Azerbaijani: Qara Yanvar), also known as Black Saturday or the January Massacre, was a violent crackdown on a civilian population of Baku on 19–20 January 1990, pursuant to a state of emergency during the dissolution of the Soviet Union.

General Secretary of the Soviet Communist Party Mikhail Gorbachev and Defence Minister Dmitry Yazov asserted that military law was necessary to thwart efforts by the Azerbaijani independence movement to overthrow the Soviet Azerbaijani government. According to official estimates 147 Azerbaijani civilians were killed, 800 people were injured and five people went missing. However unofficial number put the number of victims at 300 dead. Later on, in 1995 Gorbachev apologised to Azerbaijan by stating: "The declaration of a state emergency in Baku was the biggest mistake of my political career."In a resolution of 22 January 1990, the Supreme Soviet of Azerbaijan SSR declared that the decree of the Presidium of the Supreme Soviet of the USSR of 19 January, used to impose emergency rule in Baku and military deployment, constituted an act of aggression. Black January is seen as the rebirth of the Azerbaijan Republic.

Indira Gandhi

Indira Priyadarshini Gandhi (Hindi: [ˈɪndɪraː ˈɡaːndʱiː] (listen); née Nehru; 19 November 1917 – 31 October 1984), was an Indian politician, stateswoman and a central figure of the Indian National Congress. She was the first and, to date, the only female Prime Minister of India. Indira Gandhi was the daughter of Jawaharlal Nehru, the first prime minister of India. She served as Prime Minister from January 1966 to March 1977 and again from January 1980 until her assassination in October 1984, making her the second longest-serving Indian Prime Minister after her father.Gandhi served as her father's personal assistant and hostess during his tenure as Prime Minister between 1947 and 1964. She was elected President of the Indian National Congress in 1959. Upon her father's death in 1964 she was appointed as a member of the Rajya Sabha (upper house) and became a member of Lal Bahadur Shastri's cabinet as Minister of Information and Broadcasting. In the Congress Party's parliamentary leadership election held in early 1966 (upon the death of Shastri), she defeated her rival Morarji Desai, to become leader, and thus succeeded Shastri as Prime Minister of India.

As Prime Minister, Gandhi was known for her political intransigency and unprecedented centralisation of power. She went to war with Pakistan in support of the independence movement and war of independence in East Pakistan, which resulted in an Indian victory and the creation of Bangladesh, as well as increasing India's influence to the point where it became the regional hegemon of South Asia. Citing fissiparous tendencies and in response to a call for revolution, Gandhi instituted a state of emergency from 1975 to 1977 where basic civil liberties were suspended and the press was censored. Widespread atrocities were carried out during the emergency. In 1980, she returned to power after free and fair elections. After Operation Blue Star, she was assassinated by her own bodyguards and Sikh nationalists on 31 October 1984. The assassins, Beant Singh and Satwant Singh, were both shot by other security guards. Satwant Singh recovered from his injuries and was executed after being convicted of murder.

In 1999, Indira Gandhi was named "Woman of the Millennium" in an online poll organised by the BBC.

Janata Party

The Janata Party (JNP, translation: People's Party) was an amalgam of Indian political parties opposed to the Emergency that was imposed between 1975 and 1977 by Prime Minister Indira Gandhi of the Indian National Congress. In the 1977 general election, the party defeated the Congress and Janata leader Morarji Desai became the first non-Congress prime minister in independent modern India's history.

Raj Narain, a socialist leader, had filed a legal writ alleging electoral malpractice against Indira Gandhi in 1971. On 12 June 1975, Allahabad High Court found her guilty of using corrupt electoral practices in her 1971 election victory over Narain in the Rae Bareli constituency. She was barred from contesting any election for the next six years. Economic problems, corruption and the conviction of Gandhi led to widespread protests against the Congress (R) government, which responded by imposing a State of Emergency. The rationale was that of preserving national security. However, the government introduced press censorship, postponed elections and banned strikes and rallies. Opposition leaders such as Biju Patnaik, Jayaprakash Narayan, Atal Bihari Vajpayee, L. K. Advani, Raj Narain, Satyendra Narayan Sinha, Jivatram Kripalani, Ramnandan Mishra and Morarji Desai were imprisoned, along with thousands of other political activists. When the State of Emergency was lifted and new elections called in 1977, opposition political parties such as the Congress (O), Bharatiya Jana Sangh, Bharatiya Lok Dal as well as defectors from the Congress (R) joined to form the Janata party, which won a sweeping majority in the Indian Parliament. Narain defeated Gandhi at Rae Bareli in those elections.

The new Janata-led government reversed many Emergency-era decrees and opened official investigations into Emergency-era abuses. Although several major foreign policy and economic reforms were attempted, continuous in-fighting and ideological differences made the Janata government unable to effectively address national problems. By mid-1979, Prime Minister Morarji Desai was forced to resign and his successor Chaudhary Charan Singh failed to sustain a parliamentary majority as alliance partners withdrew support. Popular disenchantment with the political in-fighting and ineffective government led to the resurgence of Gandhi and her new Congress (I) party, which won the general election called in 1980. Although the original Janata Party fragmented and dissolved, modern political parties continue to invoke its legacy. In August 2013, the party was merged with the Bharatiya Janata Party.

Jóga

"Jóga" is a song by Björk, released as the first single from her album of 1997, Homogenic. An electronic song, "Jóga" fuses these elements with baroque and classical styles. The track's sound was partially inspired by Icelandic music, containing what have been described as "volcanic beats". Lyrically, the piece is an ode to Björk's native land and her best friend, while containing subtexts relating to emergency.

"Jóga" has been critically acclaimed ever since its release, with reviewers praising her powerful vocal performance, as well as the track's composition and overall production. Commercially, the song was a moderate success, charting in several international markets. In Iceland the song was very popular and peaked at number 1.

Martial law

Martial law is the imposition of direct military control of normal civilian functions of government, especially in response to a temporary emergency such as invasion or major disaster, or in an occupied territory.Martial law can be used by governments to enforce their rule over the public, as seen in multiple countries listed below. Such incidents may occur after a coup d'état (Thailand in 2006 and 2014, and Egypt in 2013); when threatened by popular protest (China, Tiananmen Square protests of 1989, 2009's Iranian Green Movement that led to the takeover by Revolutionary Guards); to suppress political opposition (Poland in 1981); or to stabilize insurrections or perceived insurrections (Canada, The October Crisis of 1970). Martial law may be declared in cases of major natural disasters; however, most countries use a different legal construct, such as a state of emergency.

Martial law has also been imposed during conflicts, and in cases of occupations, where the absence of any other civil government provides for an unstable population. Examples of this form of military rule include post World War II reconstruction in Germany and Japan, the recovery and reconstruction of the former Confederate States of America during Reconstruction Era in the United States of America following the American Civil War, and German occupation of northern France between 1871 and 1873 after the Treaty of Frankfurt ended the Franco-Prussian War.

Typically, the imposition of martial law accompanies curfews; the suspension of civil law, civil rights, and habeas corpus; and the application or extension of military law or military justice to civilians. Civilians defying martial law may be subjected to military tribunal (court-martial).

Pakistani state of emergency, 2007

A state of emergency was declared by President of Pakistan Pervez Musharraf on 3 November 2007, and lasted until 15 December 2007,

during which time the constitution of Pakistan was suspended.

When the state of emergency was declared, Musharraf controversially held both positions of President and Chief of Army Staff. He later resigned as army chief 25 days into the emergency on 28 November.

The state of emergency and its responses are generally attributed to the controversies surrounding the re-election of Musharraf during the presidential election on 6 October 2007, including his holding of both offices of President and Chief of Army Staff at the time.

Chief Justice Iftikhar Muhammad Chaudhry reacted promptly to the emergency declaration, convening a seven-member bench which issued an interim order against this action. He also directed the armed forces of Pakistan not to obey any illegal orders. Subsequently, the 111th brigade of the Pakistan army entered the supreme court building and removed Chaudhry and several other judges from the supreme court and arrested them.

It was announced early that the state of emergency would likely end in late November or early December 2007. After being sworn in for a second presidential term on 29 November 2007, Musharraf immediately declared that the state of emergency would end on 16 December 2007, although the emergency actually ended one day earlier, on 15 December 2007, with an announcement by Musharraf.The Pakistani general election previously scheduled to occur in early January 2008 was postponed. At the beginning of the emergency, Information Minister Tariq Azim Khan said on television that the general election could be delayed many months and perhaps up to a year. Later, the election was rescheduled to take place by 15 February 2008, as announced by Musharraf himself. A few days later he called for the election date to be on or before 9 January 2008, before a final date of 8 January 2008, was decided. However, because of unforeseen events that occurred after the state of emergency ended, primarily the assassination of Benazir Bhutto and its aftermath, the general elections were again postponed by the Election Commission and were finally held on 18 February 2008.

President of Germany

The President of Germany, officially the Federal President of the Federal Republic of Germany (German: Bundespräsident der Bundesrepublik Deutschland), is the head of state of Germany.

Germany has a parliamentary system of government in which the chancellor is the nation's leading political figure and de facto chief executive. The president has a mainly ceremonial role, but he can give direction to general political and societal debates and has some important "reserve powers" in case of political instability (such as those provided for by Article 81 of the Basic Law). The German presidents have wide discretion about how they exercise their official duties.Under Article 59 (1) of the Basic Law (German Constitution), the president represents the Federal Republic of Germany in matters of international law, concludes treaties with foreign states on its behalf and accredits diplomats. Furthermore, all federal laws must be signed by the president before they can come into effect, but usually they only veto a law if they believe it to violate the constitution.

The president, by their actions and public appearances, represents the state itself, its existence, legitimacy, and unity. The president's role is integrative and includes the control function of upholding the law and the constitution. It is a matter of political tradition – not legal restrictions – that the president generally does not comment routinely on issues in the news, particularly when there is some controversy among the political parties. This distance from day-to-day politics and daily governmental issues allows the president to be a source of clarification, to influence public debate, voice criticism, offer suggestions and make proposals. In order to exercise this power, they traditionally act above party politics.The 12th and current officeholder is Frank-Walter Steinmeier who was elected on 12 February 2017 and started his first five-year term on 19 March 2017.

Silver Fire

The Silver Fire was a wildfire that burned in the San Jacinto Mountains south of Banning and Cabazon in Riverside County, California on August 2013. The fire, which started close to Poppet Flats Road near Highway 243, was first reported on Wednesday, August 7, 2013 at around 2:05 pm, just south of Banning. By Friday, August 9, the wildfire was a reported 18,000 acres in size and Gov. Jerry Brown had declared a state of emergency in the fire area.

Southern Highlands Province

Southern Highlands is a province in Papua New Guinea. Its provincial capital is the town of Mendi. According to Papua New Guinea's national 2011 census, the total population of Southern Highlands (after the separation of Hela Province) is 515,511 spread across 15,089 square kilometers (5,826 sq mi). Before the split there were two major ethnic groups, the Huli Speakers and the Angal Speakers or Angal Heneng. Today the Majority of the Population in Southern Highlands is made up of Angal Speakers or Angal Heneng Speaks. They occupy three provinces Southern Highlands (Nipa, Mendi, Lai Valley, Imbogu (lower Mendi)), Hela (Magarima) and Enga (Parts of Kandep)

State Committee on the State of Emergency

The State Committee on the State of Emergency (Russian: Госуда́рственный комите́т по чрезвыча́йному положе́нию, tr. Gosudárstvenny komitét po chrezvycháynomu polozhéniyu, IPA: [ɡəsʊˈdarstvʲɪn(ː)ɨj kəmʲɪˈtʲet pə tɕrʲɪzvᵻtɕˈæjnəmʊ pəlɐˈʐɛnʲɪjʊ]), abbreviated as SCSE (Russian: ГКЧП, tr. GKChP), was a group of eight high-level Soviet officials within the Soviet government, the Communist Party, and the KGB, who attempted a coup d'état against Mikhail Gorbachev on 19 August 1991. American publicist Georges Obolensky also called it the Gang of Eight.

The coup ultimately failed, with the provisional government collapsing by 22 August 1991 and several of the conspirators being prosecuted by the Supreme Court of the Russian Federation.

State of Emergency (The Living End album)

State of Emergency is the fourth studio album by Australian punk rock band The Living End. It was released in Australia on 4 February 2006, in New Zealand on 6 February and in Japan in May 2006. The album was released in the United States and Canada on 11 July 2006. It debuted in the number one position on the ARIA charts. The first single off the album was "What's on Your Radio" which was released on 20 November 2005. The follow-up single, "Wake Up" was released on 18 February 2006, and debuted at number 5 on the ARIA charts, making it the highest single debut position for The Living End (not including the double A-side "Second Solution" / "Prisoner of Society").

The limited edition comes with a DVD, documenting the stages of making the album and shows footage of their performances, including the band as The Longnecks and at Splendour in the Grass. The band also released a live DVD of the State of Emergency Tour, Live at Festival Hall. A limited edition vinyl of the album was released and is limited to 500 copies worldwide.

ARIA publicized that State of Emergency had officially achieved 2x Platinum status in Australia in November 2007. This was a great achievement as all of their other album releases were simultaneously awarded a higher accreditation. The album is now their second highest selling behind the efforts of their record-breaking debut.

State of Emergency in India

A state of emergency in India refers to a period of governance under an altered constitutional setup that can be proclaimed by the President of India, when he/she perceives grave threats to the nation from internal and external sources or from financial situations of crisis. Under the advice of the cabinet of ministers and using the powers vested in him/her largely by Part XVIII of the Constitution of India, the President can overrule many provisions of the constitution, which guarantee fundamental rights to the citizens of India and acts governing devolution of powers to the states which form the federation. In the history of independent India, a state of emergency has been declared thrice.

The first instance was between 26 October 1962 to 10 January 1968 during the India-China war, when "the security of India" was declared as being "threatened by external aggression". The second instance was between 3 December 1971 to 21 March 1977, which was originally proclaimed during the Indo-Pakistan war. It was later extended along with the third proclamation between 25 June 1975 to 21 March 1977 under controversial circumstances of political instability under Indira Gandhi's prime ministership, when "the security of India" was declared as being "threatened by external aggression". The phrase Emergency period used loosely, when referring to the political history of India, often refers to the third and the most controversial of the three occasions.

The President can declare three types of emergencies — national, state and financial emergency.

The Living End

The Living End are an Australian punk rock band, which formed in 1994. Since 2002 the line up consists of Chris Cheney (vocals, guitar), Scott Owen (double bass, vocals) and Andy Strachan (drums). The band rose to fame in 1997 after the release of their double A-sided single, "Second Solution" / "Prisoner of Society", which peaked at No. 4 on the ARIA Singles Chart. They have released six studio albums and two reached the No. 1 spot on the ARIA Albums Chart: self-titled album (12 October 1998) and State of Emergency (4 February 2006). They have also gained chart success in the United States and United Kingdom.

At ARIA Music Awards ceremonies they have been nominated 27 times and have won five awards: Highest Selling Single for "Second Solution / Prisoner of Society" (1998), Breakthrough Artist – Album and Best Group for The Living End (1999), Best Rock Album for White Noise (2008), and the same category for The Ending Is Just the Beginning Repeating (2011). Australian musicologist Ian McFarlane described the group which "emerged as one of the country's premier rock acts. By blending a range of styles (punk, rockabilly and flat out rock) with great success, The Living End has managed to produce anthemic choruses and memorable songs in abundance". In October 2010 their debut album was listed in the book, 100 Best Australian Albums.

Vidhan Sabha

The Vidhan Sabha or the State Legislative Assembly is the lower house of a state legislature in the States and Union Territories of India. In the 29 states and 2 union territories with unicameral state legislature it is the sole legislative house. In 7 states it is the lower house of their bicameral state legislatures with the upper house being Vidhan Parishad or the State Legislative Council. 5 Union Territories are governed directly by the Union Government and have no legislative body. Members of a Vidhan Sabha are referred to as MLAs and are directly elected to serve 5 year terms by single-member constituencies. In 14 states the Governor of a state may appoint one Anglo-Indian MLA to their respective states Vidhan Sabha in accordance with the 23rd Amendment of the Constitution of India. The Constitution of India states that a Vidhan Sabha must have no less than 60 and no more than 500 members however an exception may be granted via an Act of Parliament as is the case in the states of Goa, Sikkim, Mizoram and the union territory of Puducherry which have fewer than 60 members. A Vidhan Sabha may be dissolved in a state of emergency, by the Governor on request of the Chief Minister, or if a motion of no confidence is passed against the majority coalition.

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