Int’l group of jurists calls new Public Assembly bill as ‘unlawful’

An international group of judges and lawyers on Thursday deemed as "unlawful" a proposed measure seeking to regulate the conduct of public assemblies in the Philippines.

"A proposed new law regulating public assembly adopted by the Philippine House of Representatives would allow for unlawful restrictions on the right to peaceful assembly," the International Commission of Jurists (ICJ) said in a press release.

“This legislation deceives us into thinking that there is no more need to obtain prior permission to holding a public assembly. But in effect, organizers will still need to secure the approval of the local executive before holding a public assembly,” the ICJ added.

On Monday, the House of Representatives approved on third and final reading House Bill 6834, a measure which aims to repeal Batas Pambansa Blg. 880 or the "Public Assembly Act of 1985."

Under this proposed law, public assembly covers "any rally, demonstration, march, parade, procession or any other form of concerted action aimed at presenting a lawful cause, expressing an opinion on any issue, and protesting against or influencing any issue or program of the government."

If the bill would be passed into law, any person or group intending to hold a public assembly is required to serve a notice to the local chief executive having jurisdiction over the public place.

The ICJ pointed out that under international standards, the freedom of the public to conduct assemblies "should generally not require prior permission." It also questioned the penalty which will be imposed on its supposed violators.

“The proposed law does not improve on the old one. It now increases the penalty for holding a public assembly without approval of local authorities to six years,” the ICJ said.

"The law is also silent as to who may be penalized. Hence, the ICJ fears that organizers and participants alike could be held liable," it added.

Among the bill's proponents are Bayan Muna Rep. Carlos Zarate, AMIN Rep. Makmod Mending Jr. and then Kabayan representative and now presidential spokesperson Harry Roque.

Zarate, however, voted against the bill during plenary approval on final reading.

"While it is almost ministerial for them to issue rally permits because the license is granted by the Constitution itself and, therefore, it must be issued unless there is a clear and present danger that the state has a right to protect itself against," Roque said in a press briefing in Malacañang when told about the concerns on the bill.

"Any rally, therefore, should be given a permit. So under this delicate balance, anyone who resorts to unannounced rally could be held liable for their acts. Because in the first place, there is now confidence that when you apply and there is no clear and present danger, we have fixed timeframes within which the local government units must in fact issue the license permits. And if they refuse to do anything on it, it is deemed granted. So under this scheme of things, it’s not unreasonable to require individuals to get the permit," he added.

Roque also said the bill was not certified as urgent by President Rodrigo Duterte.

"This was something that I pushed through the process in the House of Representatives," the Palace official said.

Rights of children

The group also said the bill would also contravene the rights of children as it is stated under the Convention on the Rights of the Child (CRC) that they must be guaranteed the right to freedom of assembly.

The right to peaceful assembly is closely interlinked with the right to freedom of expression, also guaranteed under Article 13 of the CRC, which provides that children have the right to "seek, receive and impart information and ideas of all kinds," the ICJ noted.

“The provision incorporates into law the arcane and discredited attitude that ‘children should be seen but not be heard’,” the group said.

“If children are prohibited from organizing a peaceful assembly, this prevents them from exercising their right to impart information freely," it added.

The group urged lawmakers not to adopt the proposed law in its current form.

"Any new legislation should conform to international standards, including on the right to freedom of assembly without prior permission and the rights of children to assemble freely," the ICJ said.

The Philippine National Police has already welcomed the measure, saying it would be prepared to implement the law once it gets enacted. — MDM/KBK/BAP, GMA News