A Global Conversation on Emergency Powers, Fundamental Freedoms, and the Way Forward after the Pandemic
On May 24, 2021, The International Center for Not-for-Profit Law and the Swedish International Development Cooperation Agency hosted a high-level virtual conversation on emergency measures, fundamental freedoms, and revitalizing civic space in the wake of COVID-19.
The 2-hour interactive session brought together experts from civil society, governments, international organizations, and more to discuss practical ways these sectors and allies can work together to ensure emergency measures are extinguished as soon as possible. Simultaneous interpretation was provided in Arabic, French, Russian, and Spanish.
Thank you to our expert panel of speakers and the over 400 participants who joined the International Center for Not-for-Profit Law and the Swedish International Development Cooperation Agency for our conversation on the future of civic space in the wake of the COVID pandemic.
Liam Herrick, Executive Director, Irish Council for Civil Liberties
Moderator: Fionnuala D. Ní Aoláin
Panel II
How Governments, Donors, and International Mechanisms Can Promote Recission or Improvement of Emergency Powers
Carin Jämtin, Director General, Swedish International Development Cooperation Agency
Lisa Peterson, Acting Assistant Secretary, Bureau of Democracy, Human Rights, and Labor, US Department of State
Solomon Ayele Dersso, Chairperson, African Commission on Human and People’s Rights
Moderator: Fionnuala D. Ní Aoláin
Closing Remarks
Nicholas Opiyo, Executive Director, Chapter 4 Uganda
Ilze Brands Kehris, UN Assistant Secretary-General for Human Rights
Over 170 countries have adopted emergency measures in response to the COVID-19 pandemic. While the severity of the pandemic required significant government action, many of these responses have restricted fundamental freedoms and undermined the rule of law. Furthermore, overly broad emergency measures have threatened to undermine democracy and the rule of law itself, expanding and concentrating executive powers at the expense of the rest of the government.
As we look forward to the threat posed by the pandemic subsiding, the fate of these emergency measures remains uncertain. Experts have observed that measures adopted in response to emergencies tend to persist and become permanent. The unprecedented nature and scope of states’ pandemic responses and their far-reaching effects on civil society, democratic governance, and the rule of law increase the risk that this pattern will hold true for COVID-19 emergency measures.
Civil society and its allies in government, the donor community, and international organizations have an important part to play in minimizing this risk. Now is the time to come together and encourage states to extinguish emergency measures that are no longer needed. Where measures are still necessary, there must be regular, independent oversight to ensure those that remain are necessary, proportionate, legitimate, and non-discriminatory. To play this part effectively, civil society and its allies must better understand the threat posed by emergency powers and how they can work together to advance the improvement or recission of emergency powers effectively.
Relevant Resources
ICNL-ECNL COVID-19 Civic Freedom Tracker
Our tracker monitors government responses to the pandemic that affect civic freedoms and human rights, focusing on emergency laws.
Published in Just Security, this article by ICNL provides guidance on how states can respond to the pandemic in an effective, rights-respecting manner.
This essay surveys trends from the COVID-19 Civic Freedom Tracker and identifies ways OECD Development Assistance Committee members can help civil society overcome COVID-inspired constraints on civic space.
The Human Rights Challenges of States of Emergency
This 2018 UN report examines international law pertaining to states of emergency aimed at countering terrorism and analyzes their impact on human rights.
To provide the best experiences, we use technologies like cookies to store and/or access device information. Consenting to these technologies will allow us to process data such as browsing behavior or unique IDs on this site. Not consenting or withdrawing consent, may adversely affect certain features and functions.
Functional
Always active
The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network.
Preferences
The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user.
Statistics
The technical storage or access that is used exclusively for statistical purposes.The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.
Marketing
The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes.