The state of siege is an exception regime that must be declared by the executive branch, in particular by the president who has the permission to execute it. The state of siege is under the command of the constitution of each of the countries because it resembles the situation of war, they can also grant extraordinary powers to the security forces for repression, so in this way they guarantee social peace and avoid the explosion of violence.
What is state of siege
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It is an exceptional regime (in some countries a state of war) that can and should be imposed by the head of state with the approval of his legislative cabinet. An exception regime is the mechanism that a country has to deal with exceptional situations that require extreme measures and the cooperation of the armed forces, limiting some of the duties and rights of citizens.
The armed forces carry out the repressions. In this situation, constitutional guarantees are suspended according to the state of siege causes that originated the decree and its degree of severity, based on the laws of the country where it is developed. The state of siege in Colombia was replaced by a state of exception due to the promulgation of the 1991 Constitution.
There is about the State of Siege, a film with the same name, which was based on the events that occurred in Uruguay in the 60s, where atrocities such as the suspension of salaries and the repression of the opposition were evidenced. There is also Estado de Siege Camus, which is a three-act play dating from 1948.
Causes of the siege
The state of siege causes usually correspond to an internal or external commotion. The two grounds for declaring this measure are:
Alteration of the external order
Produced by a war or invasion of the State. It has different names: foreign attack, international war, foreign conflict or foreign war. It is not only limited to a physical but also an economic attack, for which the title of "economic emergency", "state of calamity", "state of catastrophe", and so on, is taken.
In some countries, the urgency of the situation is sufficient for the application of this measure and to carry it out as a preventive measure, without necessarily repressive character.
Internal commotion
Determined by an event that alters public order, where the behavior of those involved is far from the established rules and laws. It must correspond to an event of great relevance such as a civil rebellion or armed insurrections, for which it seeks to prevent acts of aggression.
Consequences of the state of siege
During the application of this measure, the bonds provided by the Constitution can be suspended due to detentions. There would be actions based only on the will or whim of a person and not on reason, logic or justice in the absence of legal mechanisms, which makes this exceptional regime a very questioned mechanism. Here are two major consequences of this measure:
Economic consequences
- The reduction of the tourist flow, which has an impact on the entire territory.
- When there is a confinement, many establishments would find it necessary to close their doors, therefore, to generate income.
- The presence of an exception regime in a territory is a sign of destabilization, so foreign interest in investment is diminished.
Social consequences
- The citizens are subject to the military authorities for prosecuting crimes related to acts which disturb peace and order in the territory.
- In countries like Honduras, situations can arise in which the authorities can make use and disposition of private property of their own and foreigners, but in cases of urgent need.
- During these periods, no crimes can be declared or penalties imposed.
- The execution of the measures taken by authority figures is not subject to the supervision of a judge who watches over the freedoms of each individual and the public interest.
- The suspension of constitutional guarantees is established, which is the termination of the rights enjoyed by citizens, which are established in the Constitution, such as going from one place to another, public meetings or demonstrations.
- This area is linked to the curfew, because it has a certain schedule in which the free movement of citizens is prohibited.
Examples of state of siege
- State of siege in Barillas, Huehuetenango, in Guatemala 2012, as a result of disturbances caused by the arrest of citizen Mynor Manuel López Barrios, accused of instigating the population to reject a hydroelectric project in the town.
- State of siege Chile 1973, where there was a military revolt to overthrow the socialist president Salvador Allende.
- State of siege Argentina 1976, applied after the Armed Forces of that country carried out a coup against the government of María Estela Martínez de Perón.
- State of siege in Guatemala 2019, which was requested for some municipalities due to the death of three soldiers and violent events that caused the death of several people.
