The Commission on Human Rights (CHR) approves of the proposed Public Assembly Act which will strengthen the Filipinos' enjoyment and free exercise of the right to peaceful assembly and petition the government for redress of grievances.

In its position paper on the Proposed New Public Assembly Act, the CHR gave its support to House Bill No. 6297, the "New Public Assembly Act" while recommending other measures to further strengthen the mechanisms provided in the bill.

"The right to peaceably assemble and petition the government for redress of grievances is, together with the freedom of speech, of expression, and of the press, a right that enjoys primacy in the realm of constitutional protection," the CHR said.

"These rights constitute the very basis of a functional democratic polity, without which, all the other rights will be meaningless and unprotected. These rights are essential components of democracy and ensure the strength and stability of the State," it added.

One of the recommendations made by the Commission is for cities and municipalities to designate or establish Freedom Parks where people can peacefully assemble. In the past, any quadrangle in front of city or municipal halls or buildings were automatically designated as Freedom Parks in the failure of the local chief executive to designate one.

Another recommendation is for the bill to include a provision when interruption or dispersal of public assemblies are allowed. The CHR said that these should only be dependent on the existence of actual violence or disturbance and not merely a threat. "When allowed, it must not entail an amount of force more than is necessary to disperse the crowd and must not harm anyone," the CHR said.

The bill also exempted assemblies for religious purposes, picketing, and strikes by workers. It likewise exempted political meetings of rallies held during election campaign periods.

But while it is understandable to exclude from coverage strikes and political meetings, the CHR said there should be a clearer reason for the exception of assemblies for religious purposes.

The CHR stressed that the right to manifest or express one’s religious belief is a fundamental right, the same as that of freedom of expression.

"We recommend that, absent a justification, there should be no exception of assemblies for religious purposes in the coverage of the law," it said.

The CHR also recommended that the term "maximum protection" be included in the bill for the protection of those involved in assemblies.

"This will signify that the military, police, peacekeeping, and law enforcement authorities are not only obligated to provide the citizens a maximum degree of protection during public assemblies, but also guarantees maximum restraint and tolerance towards the citizens during their exercise of such rights," the CHR said.