Key Issues While the Commission is in the process of completing its Public Inquiry into Incidents During and After the 28 April 2012 Public Assembly, it has consistently called upon the authorities to respect the fundamental liberty of the people to assemble peacefully and express concerns and opinions, as these are essential elements of democracy as guaranteed by Article 10(1)(b) of the Federal Constitution and as enshrined in Article 20 of the Universal Declaration of Human Rights. 1. FREEDOM OF ASSEMBLY With the repeal of Sections 27, 27A and 27B of the Police Act and the enforcement of the Peaceful Assembly Act 2012 on 23 April, there is in place a new legal regime governing the exercise of the right of peaceful assembly. Under the new law, a police permit is no longer required for the holding of a public assembly; all that is needed is notification to the police 10 days ahead of the event. Equally important, while the Act gives the police the power to impose certain conditions on the holding of an assembly, it also places upon the police the responsibility to ensure orderly conduct of a peaceful assembly. Various public assemblies organised during the course of the year tested the functionality of the Peaceful Assembly Act and demonstrated the unease and sometimes awkward transition on the part of the authorities into the new landscape. A good example was the public assembly held just five days after the enforcement of the Peaceful Assembly Act. The police reportedly did not make any attempt to coordinate the public assembly with the organisers or to facilitate the gathering on the day. Indeed, the actions of the police and other authorities that day could hardly be deemed as facilitating the assembly. However, at subsequent public assemblies, there were instances when the actions and operations of the police did reflect a shift in thinking. The Commission is of the view that much more needs to be done by the police in facilitating such gatherings, managing the crowd and ensuring the exercise of the right to assemble in an orderly and peaceful manner. The police must also recognise that there will be instances when they will be required not only to facilitate a public assembly, but also maintain peace and order between groups with opposing or different views at the same event. In such instances, their role will be a crucial one. The Commission recalls its recommendations that, during assemblies and processions, the police should maintain a discreet presence, focusing on minimising disruption to traffic and commercial life, and ensuring free movement of other users of public spaces; while riot police may be on standby if necessary, they should remain out of sight.1 1 12 The Commission’s Report on Freedom of Assembly, 2002