Art. 4 states that there are clear and unequivocal limitations to the powers of government to deviate from the principles of the ICCPR: it is allowed only under the following conditions:

(a) In time of public emergency which threatens the life of the nation and the existence of which is officially proclaimed

(b) to the extent strictly required by the exigencies of the situation

(c) provided that such measures are not inconsistent with their other obligations under international law

(d) and do not involve discrimination solely on the ground of race, colour, sex, language, religion or social origin.

(e) No derogation from articles 6, 7, 8 (paragraphs I and

2), 11, 15, 16 and 18 may be made under this provision

Q. Who has the obligation to supervise the observance of these limitations?

A. The Judiciary in the country
In particular, the higher judiciary. Thus, the need to hold the judiciary accountable. For example, it will be useful to study what has happened in Malaysia in recent decades. At present, the ISA is used by the Malaysian government without there being any National Emergency. The ISA is being used as the "normal" law and not as law imposed during extremely abnormal situations. In this way, the
liberty and civil rights of the citizens is at the mercy of the politicians or a politician.

An example of action of the judiciary to strike down a national security type of law: the Indian Supreme court struck down the Emergency provisions imposed by Mrs. Indira Gandhi as unnecessary.

Questions:
1. What role has the Judiciary in your country played with regard to national security laws?

2. What happens when the Judiciary does not intervene to examine the validity of government use of such laws?
3. Do you have similar cases from your own country or other countries you know?

B. UNITED NATIONS Human Rights bodies There is urgent need to encourage states to become parties to UN Treaties, by signing and ratifying, in this case, at least the ICCPR

Example: Malaysia is not a party to ICCPR. Thus, the UN bodies functioning under ICCPR are unable to intervene on gross violations of human rights there and on the abuse of ISA.