In conducting and gathering in a public assembly, there are too many restrictions in releasing
permits for the conduct of public assembly. In order to lighten up the restrictions, there should be
qualifications in acquiring permits, and these are:
1. Participants
2. Purpose/Type of Assembly
3. Duration
4. Conflict Prevention
5. Non-profit
Establishing qualifications for the conduct of public assembly is essential because not only will it
lighten the restrictions in acquiring permits, it will also increase the participation of the people in
the affairs of government (e.g. legislative action, executive decisions), as well as it will foster
relationship between the people and the government, and it will maintain the government's
legitimacy.
Factors that determines the effectiveness of this policy are:
● Determining the number of assemblies conducted in a city or province per year.
● Compare and contrast to other states with similar qualifications for assemblies.
● Public opinion.
In 2023 alone, several rallies and protests were conducted and held in Manila alone. Such as:
1. Worldwide rallies in solidarity with the Palestinians, condemning Israel's aggression to
Palestine.
2. Transport groups vs. PUV consolidation, PH jeepney drivers against phase-out plan.
3. 2023 SONA rally.
4. Bonifacio day protest.
5. 51st anniversary of Martial Law rally.
The causes of the assemblies held are defined by the present political and social climate, and
lessening the restrictions in acquiring permits for assembly by establishing qualifications is
crucial because it allows people to demand, to call out for, and to force the government to
produce and come up with immediate solutions. Furthermore, issuing lesser restrictions in
acquiring permits and allowing the people to publicly gather will likely help the country in solving
its issues, especially those concerning the marginalized groups of people and the vulnerable
sector.
Additionaly, in the status quo we are faced with so many adversities and problems in the society
and it must need attention and immediate solutions. Such as the ongoing genocide of
Palestinian people by the Israeli government. Several protests and rallies were made
internationally calling for an immediate ceasefire and to stop the aggression of Israel towards
Palestine. This is one reason why we should push for the establishment of the qualifications for
conducting public assemblies to make it easier for the people to call for our elected officials and
to provide immediate and long term solutions to these kinds of problems.
However, there are issues underlying wherein acquiring permit has become political and the
right of people to assembly has been violated.
For example, France is a State Party to the 1966 International Covenant on Civil and
Political Rights (ICCPR) wherein its Article 21, it governs the right of peaceful assembly,
providing that:
The right of peaceful assembly shall be recognized. No restrictions may be
placed on the exercise of this right other than those imposed in conformity with
the law and which are necessary in a democratic society in the interests of
national security or public safety, public order (ordre public), the protection of
public health or morals or the protection of the rights and freedoms of others.
At regional level, France is a State Party to the 1950 European Convention on Human
Rights. Article 11 governs freedom of assembly and association:
1. Everyone has the right to freedom of peaceful assembly and to freedom of
association with others, including the right to form and to join trade unions for the
protection of his interests.
2. No restrictions shall be placed on the exercise of these rights other than such
as are prescribed by law and are necessary in a democratic society in the
interests of national security or public safety, for the prevention of disorder or
crime, for the protection of health or morals or for the protection of the rights and
freedoms of others. This Article shall not prevent the imposition of lawful
restrictions on the exercise of these rights by members of the armed forces, of
the police or of the administration of the State.
But regardless of the involvement of France in the ICCPR and the 1950 European Convention
on Human Rights, France do not allow protests relating to the ongoing genocide in Palestine
right now. This clearly shows the state violating the right of the people to publicly assemble.
Recently, in Zamboanga City when City Mayor John Dalipe, refuse to give permit to the people
to peacefully rally in support of the Palestinian people, it made such a ruckus and backlash to
the City LGU and was deemed by the people discriminatory and "unconstitutional" for violating
Art. 3 Sec. 4 of the Philippine Constitution.
In conclusion, it is really best to establish the qualifications for public assembly and grant people
automatic permit once the qualifications are met so that there would be no unjust and unfair
practice, no politicizing and biases in acquiring permit, and people would be able to freely fight,
to stand, to call for, to educate, and to be in support of causes with the right precautions to not
inflict harm or disturbance to the society. This does not only affect the people positively but also
the government itself because implementing this policy would mean they would maintain the
legitimacy of the goverment and will strengthen the trust of people to them.
