States of Emergency - Centre for Policy Alternatives

population, to the territorial integrity, or to the functioning of
the organs of the State.
4. The declaration of emergency must be used as a last resort
once the normal measures used to deal with public order
disturbances have been exhausted.
5. The declaration of emergency is a temporary measure which
cannot last longer than the emergency itself; therefore, the socalled
‘permanent states of emergency’ are not lawful. 229
In the Human Rights Committee’s General Comment No. 29 of
2001 on States of Emergency (Article 4), replacing General
Comment No. 5 of 1981, the Committee observed that, “Measures
derogating from the provisions of the Covenant must be of an
exceptional and temporary nature.” 230 It further stated that:
“Not every disturbance or catastrophe qualiLies as a public
emergency which threatens the life of the nation, as required
by article 4, paragraph 1. During armed conLlict, whether
international or non‐international, rules of international
humanitarian law become applicable and help, in addition to
the provisions in article 4 and article 5, paragraph 1, of the
Covenant, to prevent the abuse of a State’s emergency powers.
The Covenant requires that even during an armed conLlict
measures derogating from the Covenant are allowed only if and
to the extent that the situation constitutes a threat to the life of
the nation. If States parties consider invoking article 4 in other
situations than an armed conLlict, they should carefully
consider the justiLication and why such a measure is necessary
229
Oraá: p.33
230
para.2
144