Newly declared states of emergency must include a time limit and parliamentary oversight, OSCE human rights head says

WARSAW, 30 March 2020 – Emergency legislation being adopted by governments across the OSCE region must include a time limit and guarantee parliamentary oversight, said the Director of the OSCE Office for Democratic Institutions and Human Rights (ODIHR) ahead of a vote in Hungary to extend emergency measures earlier adopted in the EU member state. ODIHR is systematically monitoring the content and consequences of the states of emergency being declared in response to the COVID-19 pandemic.

“It is clear that states need to act swiftly in order to protect their populations from the COVID-19 pandemic, and I understand that extraordinary measures may be required to do so,” said ODIHR Director Ingibjörg Sólrún Gísladóttir. “However, a state of emergency – wherever it is declared and for whatever reason – must be proportionate to its aim, and only remain in place for as long as absolutely necessary.”

All OSCE countries have committed to upholding democracy and the rule of law, and this includes during states of emergency. This means that emergency legislation can only be temporary and should be subject to parliamentary checks.

“I have expressed my concerns to the Hungarian government regarding the context of today’s vote and the measures included in the draft law,” said Gísladóttir. “At the same time, I took the opportunity to offer ODIHR’s support, assistance and expertise in order to find means of reacting to this crisis in full compliance with OSCE commitments and international law.”

On 20 March, the Hungarian government tabled a draft bill that would extend the current ‘state of danger’ and give the government the power to rule by decree without any parliamentary oversight or specified time limitation. The stated aim of the bill is to prevent, manage, and eliminate the epidemic and mitigate the harm it causes, but in effect, it would allow the government to take further measures considered applicable to that aim without involving parliament.

Under international law, emergency legislation and measures should be necessary and proportionate. They must remain subject to meaningful legislative and judicial oversight and be reviewed regularly to ensure they are still necessary, proportionate and suitable to address the threat that led to their introduction.

All countries across the OSCE region have made a binding commitment that recourse to states of emergency “may not be used to subvert the democratic constitutional order, nor aim at the destruction of internationally recognized human rights and fundamental freedoms” (Moscow 1991).