The Commission on Human Rights is very alarmed by the method of dispersal employed by the police during the protest held by progressive groups in the CHR grounds on 25 May 2022. We strongly remind the Philippine National Police (PNP) against the use of water cannons and the carrying of firearms during non-violent protest in line with the prohibitions outlined in Batas Pambansa 880 (BP 880). Some protesters also alleged the use of unnecessary force against them which resulted to injuries.
During peaceful protests, police officers are expected to exercise maximum tolerance. This policy requires the avoidance of the use of force and to restrict it to the minimum extent necessary especially when handling non-violent protests. In accordance with existing laws and human rights standards, a peaceful dispersal must be lawful, necessary, and proportionate to the purpose.
CHR – National Capital Region (NCR) and the Central Investigation Office have dispatched its lawyers and investigators early on in line with our mandate to monitor rallies and to investigate. The CHR-NCR lawyers explained to the police officers the intricacies of BP 880 urging them to practice maximum tolerance. In the same manner, they also talked with the leaders of the rallyists.
Despite CHR’s efforts to mediate to ensure the conduct of a peaceful protest, a commotion ensued between the police and the protesters. While the CHR has the mandate to monitor rallies and to investigate when violations have been committed, the CHR does not have the police power to prevent nor stop any party or any potential/ongoing violation. If a violation is allegedly committed, CHR investigates and runs the probe to its full course in the pursuit of truth and accountability.
To prevent a similar incident in consecutive rallies, the CHR will communicate with the PNP regarding its initial findings and recommendations. We will also continue to monitor expected protests in relation to the canvassing of votes.
As a constitutionally-guaranteed right, the State and its law enforcement agencies has the duty to facilitate and protect the right to peaceful protest in the same manner that it has the obligation to ensure public order and safety. Protesters also have the responsibility to comply with the requirements of BP 880, which among them, necessitates a permit when holding a protest in a public place, to enable the conduct of peaceful assembly.
CHR reiterates the importance of the right to peaceful assembly as part of a functioning democracy. We hope that the incoming administration will cultivate an environment conducive to peaceful assembly. We equally urge the protest groups to observe measures in place to ensure a peaceful rally.
In line with our mandate, CHR is investigating the incident to ensure that any overstep in authority is accounted for. We continue to underscore our independence in monitoring the actions of all parties concerned and in ensuring that fundamental rights are duly protected.