Where is R2P grounded in international law? Anne-Marie Judson A ...

2011 in the Arab Spring, Bolivia on many occassions between 1985 and 1995,
political disruption, social disturbance, general strikes, and assemblies were the reason
for many state of emergencies during this time period. In 1995 Columbia listed social
insecurity, public anxiety and lack of trust by the public for the state of emergency as
these were causing internal disturbances and judicial emergencies. Ecuador cited an
uprising for the reason of a state of emergency in 1986 and strikes in 1987 and 1988.
Namibia declared a state of emergency under the rationale of regaining constitutional
order in 1999. Nicaragua declared a state of emergency in 1993 to restore law and
order and again in 2005 because of a political crisis. Panama in 1987 declared a state
of emergency because of demonstrators and clashes with the defence force. The
derogations were to restore law and order. Peru has declared over 50 declarations
from derogations; giving very few reasons except in 2010 where the letter to the
Secretary-General said that public order had been disturbed. In an attempt to restore
public order Russia has derogated on numerous occasions both post derogation and
preplanned derogations to curb public disturbances. Trinidad and Tobago declared a
state of emergency and post derogations in order to protect public safety in 1990 and
in 1995. Venezuela declared a state of emergency under the premise of a breach of
the peace in 1994.
This research shows that states are willing to declare a public emergency when civilian
uprisings become a threat to public order and control.
HOW MANY STATES ARE IN BREACH OF THE ICCPR DUE TO NOT
IDENTIFYING THE REASONS FOR THE STATE OF EMERGENCY?
There are a number of cases where states have been seen as not applying the
requisites for breaches under the requirements to submit the reasons to the Secretary-
General. These include Algeria in a declaration in 1991, which continued for another
11 years until 2011; Argentina in 2001 where any breach or all breaches are assumed
but not quantified; Chile in 1976 failed to supply the articles from which it was
derogating from; Columbia in 1976 also failed to supply articles; Ecuador failed to say
why in 1982; Egypt is a party to the ICCPR and yet has not submitted a declaration
to the Secretary-General to say that it has been in a state of emergency since 1967,
except for a break in 1980 and after the assassination of Anwar Sadat the state of
emergency was renewed. It has been continuously extended every three years since.
112