The right to peaceful assembly and the related rights to freedom of expression and free speech are constitutional rights that deserve equal protection as public safety and order. During important national events in the country, which include the State of the Nation Address (SONA), many groups and individuals take these as important occasions to express their views, stances, and grievances on pressing issues concerning national affairs.
As the Chief Executive presents the state of the nation and discusses its agenda and accomplishments through the SONA, it is equally important for the government to also provide space and enable the right of the people to peaceful assembly in recognition of the essence of public participation in national affairs and as part of a functioning democracy. Such exercise of freedoms manifest active socio-political participation by the people, which the government should respect and protect. Beyond the realm of duty, it will also convey the sincerity of the new administration’s call for unity by demonstrating openness and willingness to engage and listen to diverse voices and groups in the society.
The Commission on Human Rights (CHR) takes this occasion to proactively remind State forces to protect and facilitate the right to peaceful protest in the same manner that it endeavors to ensure peace and order. The Commission equally reminds protest groups to comply with the necessary requirements of Batas Pambansa Bilang 880 (BP 880), which include a written permit in the conduct of a peaceful assembly in a public place, unless held in a freedom park, in a private property, or in the campus of a government-owned and operated educational institution, as exempted under Section 4 of BP 880.
We also reiterate our stern reminder that law enforcement officers must always exercise maximum tolerance during peaceful protests. In accordance with existing laws and human rights standards, a peaceful dispersal must be lawful, necessary, and proportionate to the purpose should it be warranted. This means that the use of force must be avoided and restricted to the minimum extent necessary when handling non-violent protests. Thus, we strongly advice against the use of water cannons and the carrying of firearms during non-violent protests in line with the prohibitions outlined in BP 880.
In line with our mandate, the CHR shall be dispatching investigators and lawyers from our National Capital Region and the Investigation Office of the Central Office to monitor SONA rallies and to duly investigate toward ensuring the conduct of peaceful protests.
We continue to urge the current administration to cultivate an environment conducive to peaceful assembly to be able to listen and understand the sentiments and the needs of the people. This will enable a responsive governance that seeks to uphold social good toward elevating the plight of all, particularly the disadvantaged sectors. ###