States of Emergency - Centre for Policy Alternatives

proclaimed a state of emergency. The
latter
requirement
is
essential
 for
 the
maintenance
 of
 the
 principles
of
 legality
and
rule
of
law
at
times
when
they
are
most
needed. When
proclaiming a state of emergency with consequences that
could entail derogation from any provision of the
Covenant, States must act within their constitutional and
other provisions of law that govern such proclamation
and the exercise of emergency powers; it
is
the
task
of
the
Committee
to
 monitor
the
laws
in
 question
with
respect
to
whether
 they
enable
and
secure
compliance
with
article
4.
In order that the Committee can perform its task, States
parties to the Covenant should include in their reports
submitted under article 40 sufKicient
 and
 precise
information
 about
 their
 law
 and
 practice
 in
 the
 Kield
 of
emergency
powers.” 238
4.3.3
The
Principle
of
Notibication
Article 4 (3) of the ICCPR (as well as the ECHR and the ACHR),
requires States Parties availing themselves of the right of
derogation to inform other States Parties ‘immediately’ through
the UN Secretary General, of (a) rights from which they have
derogated, (b) reasons therefor, and (c) communicate the date on
which the act of derogation is terminated. This gives an indication
of both the timeframe in which the requirement of notiLication
must be met, and also the content of such notiLication.
With respect to the obligations of providing information that
States Parties to the ICCPR undertake, an important distinction
must be made at the outset between the principle of notiLication in
238
para.2, emphasis added
148