The state must publicly announce a state of emergency before any derogation measures are put into place.
- 42. A state party derogating from its obligations under the Covenant shall make an official proclamation of the existence of the public emergency threatening the life of the nation. 43. Procedures under national law for the proclamation of a state of emergency shall be prescribed in advance of the emergency. 44. A state party derogating from its obligations under the Covenant shall immediately notify the other states parties to the Covenant, through the intermediary of the Secretary-General of the United Nations, of the provisions from which it has derogated and the reasons by which it was actuated.
- Relevant international standards further require that a state of emergency be officially proclaimed before any exceptional measures are put into place.