Civil society groups are holding up the 2004 Royal Commission on Police and the Suhakam inquiry report into the bloody Kesas Highway protest reports to show that the Peaceful Assembly Bill 2011 tabled in Parliament today is no step forward.

Calling the new Bill "a huge disappointment", Coalition for Free and Fair Elections (Bersih 2.0) chairperson Ambiga Sreenevasan said the commission had already concluded that restrictions to assemblies were "unconstitutional".

ambiga question by police over seksualiti merdeka 071111 1 In a statement today, Ambiga said the commission led by former Chief Justice Mohamed Dzaiddin Abdullah found Section 27 of the Police Act to restrict the right to assembly.

"In short, the new Bill is repugnant to the federal constitution, our presence on the United Nations Human Rights Council, the recommendation of the Royal Commission on the Police, international best practices and the aim of being the best democracy in the world," Ambiga said.

The Royal Commission said that Section 27 of the Police Act 1964, which is to be repealed once the Peaceful Assembly Bill becomes law, "may be challenged" as to its constitutionality.

This is because the right to assemble "is one of the most basic and indispensable of the fundamental freedoms necessary for the functioning of a democratic society and is provided for in the Federal Constitution".

Ambiga said the new Bill also reflected the "authoritarian style of this government" and showed how difficult it would be to break free of an "authoritarian mindset".

"Does the government really think that by outlawing street protests, these will not happen? That forcing people to shut up is the way to handle dissent?" she asked.

Agreeing with Ambiga, human rights organisation Suaram said the government should also recall the recommendations of the Human Rights Commission (Suhakam) in its 2001 report.

Follow Kesas Highway recommendations

The report followed Suhakam's inquiry into the bloody protests at the Kesas Highway by local residents.

Among others, Suhakam recommended that the authorities "allow the use of public places...f or gatherings organised by all sectors of society, without any discrimination".

It also calls for "restraint" by police while dispersing crowds.

NONE According to Suaram coordinator E Nalini ( right ), the Bill does not just replace Section 27, but is in fact "worse than before".

Nalini said new law on assembly proposed is discriminative against non-citizens and those under 21 years old and gives "wide powers to police to restrict assembly" and to ministers who can determine which places are prohibited places for assembly.

The requirement for notification within 30 days is also "too long and the details of the requirements are defeatist in nature".

"In a nutshell, the objective of the Bill is to restrict and legitimise the powers of the police to restrict and control constitutional rights," Nalini said.

Tighter leash

For PKR deputy president Azmin Ali, the Bill falls short of Najib's announcement for wider democratic space.

"There are no major changes and in fact, they are trying to tighten it (and make it) more stringent than before," said the Gombak MP.

"(Najib) promised to give more freedom to assemble and more freedom of expression in terms of having a peaceful assembly.

"But the Bill is not a reflection of what was said. We will, however, take part in the debate to air our concerns. It must reflect the spirit of civil liberty and freedom of expression."

PAS vice-president Salahuddin Ayub felt that the initiative was generally a "positive" one but said he preferred to hold his opinion until the debate begins in Parliament next week.

"I don't want this to be like the announcement of the (abolition of the) ISA (which was followed by detentions)," said the Kubang Kerian MP.

The matter would be raised at Pakatan's weekly presidential council meeting tomorrow and the coalition's view will be announced then, Salahuddin added.