Alarm, exception and site status are terms used to refer to extraordinary situations in a countryTherefore, it is necessary to implement different types of measures to maintain public order.
The difference between a state of alarm, exception and siege is determined by the seriousness of the political, social or health events that cause the national commotion.
In this sense, it is important to clarify that each State determines the definition, application and scope of these measures.
State of alarm State of exception State of siege Definition Situation of alteration or possible alteration of public order. Situation in which national sovereignty or individual guarantees are at risk. Pre-war or war situation. Situations in which Epidemics can be decreed. Pandemics. Health crises. Shortages of essential products or services. Alteration in the functioning of government institutions. Threat to the freedoms and rights of citizens. Foreign military interference. Internal insurrections (rebellions, coups, etc.). Measures that the authorities can take Restriction of movement within the national territory. Temporary occupation of companies. Rationing of basic products. Restriction or prohibition of circulation within the national territory. Inspection of companies and homes. Intervention of means of communication and transport. Transfer of powers to the Armed Forces. Prohibition of circulation within the national territory. Suspension of constitutional guarantees.
What is alarm status?
Alarm status refers to a situation or event that causes or could cause a disturbance of public orderTherefore, it is necessary to take security measures to protect the population.
It is worth noting that this term is used only in some countries, such as Spain, which contemplates a constitutional article (116) and an Organic Law in force since 1981, which specifies the situations in which a state of alarm must be declared, know:
Epidemics, contamination situations or health crises. Shortages of essential products. Natural catastrophes (earthquakes, floods) or large-scale accidents.
For its part, in article 11 of the Organic Law 4/1981 of alarm, exception and siege states, contemplates the following actions to maintain order and security in these situations:
Restriction of the movement of people or cars. Temporary occupation of companies. Ensure the production of essential products and services and ration their consumption.
According to this same law, in its chapter 6, only the Council of Ministers can decree the state of alarm and this must have a maximum duration of 15 days. If an extension is required, it must be approved by the Congress of Deputies.
It is important to note that not all countries contemplate a state of alarm, although they do use other names for extraordinary situations. In Mexico, the term “state of health emergency” is used. for situations that have to do with public health and it is the General Health Council that has the power to order the activation of the corresponding measures.
Example of alarm status
In March 2020, the coronavirus pandemic generated a serious health crisis in the Spanish public health system. Given this, a state of alarm was decreed in Spain to guarantee compliance with measures such as social distancing or the generation or obtaining of essential products and medical supplies.
What is state of exception?
A state of exception is a mechanism that It is activated in exceptional situations in which the sovereignty of a country, the normal functioning of a government or individual liberties are put at riskaccording to what is contemplated by the legislation of each country.
In Spain, states of exception apply if:
The functioning of democratic institutions is altered in some way. When the exercise of the rights and freedoms of citizens is at risk. When an alteration of public order occurs of such magnitude that it cannot be controlled.
These situations, contemplated in Organic Law 4/1981 and in the Spanish Constitution, will be controlled according to the mechanisms detailed in said law, namely:
Arrest of suspected public order disturbances. Intervention of communications and transport services. Prohibition of public meetings or demonstrations. Intervention of companies and domiciliary registers. Restriction of the movement of pedestrians and vehicles.
In Venezuela, for its part, the state of exception is applied in those cases in which natural events or human actions put national sovereignty, institutions or the security of citizens at risk. At that time, actions such as the suspension of constitutional guarantees are contemplated.
Exception State Example
In 1989, a series of public order disturbances took place in Venezuela in rejection of a series of economic measures implemented by the then president, Carlos Andrés Pérez. This event, known as El Caracazo, meant the activation of a state of emergency for the first time in the country’s democratic history in order to contain the demonstrations and restore public order.
Since then, more than 20 states of emergency have been declared, most of them declared in the last 20 years.
See also Difference between human rights and individual guarantees.
What is siege status?
It’s a mechanism to protect the sovereignty of a country against foreign aggression or internal insurrections. It is considered the most serious scenario, since it is assumed as a pre-war or war situation, in which the armed forces have decision-making powers.
It should be noted that during a state of siege, constitutional guarantees are suspended according to the provisions of the laws of each country for these cases. In Spain, Organic Law 4/1981, derived from article 116, states that a state of siege does not have a defined duration, and the same guarantees are suspended as in states of alarm and emergency.
Site Status Example
In October 1985, President Raúl Alfonsín declared a state of siege in Argentina for 60 days. During that period, the government reserved the right to detain civilians, transfer them within the country or give them the option of leaving Argentine territory.
This measure was taken after a series of demonstrations by workers in the labor sector and the government’s denunciations of an alleged coup d’état.
See also State Types.