What Happens in a State of Emergency?

Bhutan is in a state of National Lockdown as per the Facebook post shared by the Office of the Prime Minister on 11th August 2020 at 3:15 am. This declaration was following the report of a COVID-19 positive case in Gelephu, who had come in close contact with people in Thimphu, Gelephu and those along the way.

Gelephu is a town in Sarpang Dzongkhag, bordering the Dadgari in Assam, India. With an estimated population of less than 10,000, it is an important winter hub for Bhutanese to go on pilgrimage and enjoy warm weather. These days, the route from Phuntsholing to Gelephu via the Indian highway is closed, so commuters should take the Thimphu-Wangdue-Tsirang-Gelephu route.

The Lockdown Protocol

• The government enforces restrictions on movement of people and vehicles within the Dzongkhags and beyond. 
• Everyone is asked to stay home to protect themselves and their families from the disease, should there be undetected, rampant transmissions.
• All schools, institutions, offices and commercial establishments will remain closed. 
• Ongoing exams will be postponed, while the students and trainees in boarding facilities should continue to remain on campus and follow COVID-19 protocols.

BUT a state of emergency has NOT be declared as of NOW.

So if a national emergency needs to be declared, what does it mean in this case? The following FAQs will help to answer your pertaining questions. The information has been extracted from the Constitution of Bhutan 2008.

What is a state of emergency?

A state of public emergency or calamity, which threatens or effects the nation as a whole or part thereof, when the government may take measures to the extent strictly required by the exigencies of the situation.

Who declares a state of emergency?

The Druk Gyalpo shall, on the written advice of the Prime Minister, proclaim a public emergency or calamity.

How long is the duration of a state of emergency?

The duration of the emergency is 21 days from the date of proclamation, unless a joint-sitting of the Parliament resolves by two-thirds majority to extend it.

What does it mean to the citizens of Bhutan in a state of emergency?

It means that the Government shall be empowered to give appropriate directions to the concerned LGs, and the following sections under 'Article 7 Fundamental Rights' may be suspended.

Section 2. A Bhutanese citizen shall have the right to freedom of speech, opinion and expression.

Section 3. A Bhutanese citizen shall have the right to information.

Section 5. There shall be freedom of the press, radio and television and other forms of dissemination of  information, including electronic.

Section 12. A Bhutanese citizen shall have the right to freedom of peaceful assembly and freedom of association, other than membership of associations that are harmful to the peace and unity of the country, and shall have the right not to be compelled to belong to any association.

Section 19. A person shall not be subjected to arbitrary or unlawful interference with his or her privacy, family, home or correspondence nor to unlawful attacks on the person’s honor and reputation.

Other information to be noted

The Constitution shall not be amended during a state of emergency.

Source: Constitution of Bhutan