The police cannot use the Peaceful Assembly Act to act against the May 1 anti-GST rally in Kuala Lumpur because it is Labour Day, which is celebrated all over the world, electoral watchdog Bersih says.

The police must give the rally the same commitment for a smooth passage, as they are doing for US President Barack Obama's two-day vist to Malaysia this weekend, the Bersih 2.0 steering committee said in a statement released yesterday.

"The police cannot use the Peaceful Assembly Act 2012 to stop the rally. Workers’ Day all over the world is traditionally celebrated," Bersih said, referring to the statement by Dang Wangi district police chief ACP Zainuddin Ahmad ( left ) that the rally, organised by NGOs and Pakatan Rakyat parties, is illegal.

"Bersih strongly encourages the police to keep up with the times and see their role as safeguarding democratic practices," it said.

It added that it is "dismayed" by reports of Zainuddin declaring the rally illegal and that it did not fulfil the PAA requirements of sending in a notice 10 days prior to a rally.

Bersih reiterated its intention to gather during the May Day rally at 2pm. near KLCC, and then march to Dataran Merdeka, to "reclaim the very space that was renamed after a free nation."