Wayzata World Factbook 1996/The World Factbook - 1996 Edition - Wayzata Technology (3079) (1996).iso/mac/TEXT/HUMANrts/MACAU.TXT

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TITLE:  MACAU HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995

                             MACAU


Macau, a tiny enclave on the south China coast encompassing
only 6 square miles, is recognized by both China and Portugal
as Chinese territory under Portuguese administration.  The
"Organic Statute" of 1976, which serves as Macau's
Constitution, grants it considerable administrative, financial,
and legislative autonomy.

Legislative power is shared between the Portuguese Government
and Macau's Legislative Assembly.  The Governor, appointed by
the Portuguese President, holds expansive powers under the
statute.  Portuguese metropolitan law serves as the basis for
the legal system, which features a judiciary and jury trials.
The police force is under the control of the civilian
authorities.

Under the 1987 Sino-Portuguese Joint Declaration, Macau will
become a Special Administrative Region (SAR) of China on
December 20, 1999, and operate under the principle of "one
country, two systems," to remain unchanged for 50 years.  The
Macau SAR's future Constitution, called the "Basic Law," was
promulgated on March 31, 1993.

Macau's economy is fueled by legalized gambling, which has
produced a thriving tourist industry, and by the export of
textiles and other light industrial products.  With a
population of approximately 400,000 people, Macau has a per
capita gross domestic product of approximately $14,100.

Although Macau citizens derive a wide range of rights and
freedoms from Macau's status as a Portuguese territory, they
have limited ability to change their government.  The Governor
is appointed by the Portuguese President, only a third of the
legislators are directly elected, and the territory's future
path has been set by Lisbon and Beijing.  China, through the
Basic Law, has agreed to continue the application of
international covenants on civil and political rights and on
economic, social, and cultural rights after 1999.  The
involuntary transfer by Macau police to Chinese authorities of
an Australian citizen of Chinese ancestry drew international
criticism in 1994.  In addition, human rights advocates and
journalists believe that the 1993 reorganization of Macau's
judiciary has resulted in a significant erosion of judicial
independence and contributed to journalistic self-censorship
which has increased as the day of reversion approaches.

RESPECT FOR HUMAN RIGHTS

Section 1  Respect for the Integrity of the Person, Including
           Freedom from:

     a.  Political and Other Extrajudicial Killing

There were no reports of political or other extrajudicial
killing.

     b.  Disappearance

There were no reports of disappearances.

     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment

Such abuses are prohibited by law, and this prohibition is
respected.

     d.  Arbitrary Arrest, Detention, or Exile

Legal prohibitions against arbitrary arrest exist.  The
examining judge, who conducts a pretrial inquiry in criminal
cases, has a wide range of powers to collect evidence, order or
dismiss indictments, validate and maintain the detention of
suspects, and determine whether to release accused persons.
Police must present persons remanded in custody to an examining
judge within 48 hours of detention.  The accused's counsel may
examine the evidence.  If the judge is not convinced that the
evidence is adequate he may dismiss the accused.

Macau police on a number of occasions reportedly have detained
residents and visitors for alleged commercial and criminal
violations in China and handed over these persons to Chinese
authorities for incarceration in China, despite the absence of
a Sino-Portuguese extradition treaty.  This practice recently
drew international attention when James Peng, an overseas
Chinese businessman traveling on an Australian passport, was
removed from his room in a Macau hotel and transported to China
for detention for an indefinite period.  According to his
lawyer, Peng's requests for legal representation and contact
with the Australian Consulate were denied.  At year's end, he
remained in jail after waiting more than 12 months for charges
to be filed against him.  Despite the fact that a trial was
held in November, announcement of the verdict has been
postponed pending review of the proceedings by authorities in
Beijing.  The Chinese Government notified Peng recently of its
decision to bring new charges against him related to
allegations of nonpayment of his parents' rent in Shenzhen
(China).

Another extradition issue concerns the recent extradition to
China of two prisoners accused of crimes that in China are
punishable by the death penalty.  In this case, the Macau
Supreme Court authorized the extradition, despite Article 33 of
the Portuguese Constitution which forbids the extradition of
persons to countries which practice the death penalty.  This
case has been appealed to the European Human Rights Commission
in Strasbourg and to the Constitutional Court in Lisbon.  A
decision is expected in early 1995.  Macau authorities have not
approved any extraditions pending this decision.

Exile is not practiced.

     e.  Denial of Fair Public Trial

Macau law provides for a fair trial.  Journalists and human
rights activists claim that the judicial branch reorganization
implemented in 1993 has eroded the independence of the
judiciary.  Oversight bodies established to recommend judicial
appointments and reappointments are comprised of a majority of
nonmagisterial members who have strong ties to the executive
branch and to China.  Human rights advocates and journalists
believe that this increased executive influence over the
judiciary has prejudiced court decisions, particularly the
prosecution of journalists for charges of defamation and abuse
of press freedom.  In one current case involving freedom of the
press, the judge who will determine the outcome of the case
against the journalist will have his reappointment decided by
an oversight panel whose membership includes the same person
who originally brought the charges against the journalist.

Juries determine questions of fact in criminal cases.  At
present, Macau's courts are semi-autonomous from the Portuguese
judicial system.  Macau's Supreme Court was established in
April 1992.  In cases involving "basic rights of the citizen,"
defendants still can appeal to Portugal's Constitutional Court,
which may overturn all lower court rulings.  After reversion,
when the Macau judicial system becomes completely autonomous,
the power of final adjudication in the Macau SAR will be vested
in Macau's court of final appeal.

     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence

Laws provide for the inviolability of the home and of
communication, the right of ownership of private property and
enterprises, and the freedom to marry and raise a family.
There is no indication of abuses of these rights by the
Government.

Section 2  Respect for Civil Liberties, Including:

     a.  Freedom of Speech and Press

Journalists and human rights activists believe the practice of
both academic and media self-censorship is increasing in Macau
as reversion approaches.  The Government owns a majority share
of the radio and television service.

Most of Macau's newspapers appear to be pro-China publications
which critics charge do not give equal coverage to liberal and
prodemocracy voices.  Journalists assert that self-censorship
is growing among newspaper reporters, some of whom express
fears that they will lose their jobs if they criticize China or
government policy.  In 1994 seventeen journalists issued a plea
for Portuguese President Mario Soares to investigate violations
of press freedom in Macau.  The journalists accused the Macau
government radio station of suppressing broadcasting of the
journalists' accusations, including complaints that the 1992
revision of the judicial system "fails to safeguard fundamental
rights" set out in the Sino-Portuguese Joint Declaration.

Since the beginning of 1994, the Government has markedly
increased its prosecution of journalists on charges of abuse of
press freedom.  In the previous 3 years, three complaints of
abuse of press freedom were prosecuted.  Since January the
Government brought eight cases against journalists for
criticizing the Government or persons appointed by the
Government to high-level positions.  Macau government executive
branch appointees are complainants in these.  Reporters and
human rights advocates believe that the executive branch
influenced judicial handling of these cases through the
recently established judicial council of Macau, largely
comprised of pro-Government and pro-China persons who make
recommendations on the appointment and reappointment of
judges.  As noted above (Section 1.e.), reporters and human
rights advocates have expressed concern that the person who
filed the complaint in a current case against a reporter also
sits on the panel which will recommend tenure for the judge
deciding the case.

There are signs that constraints on academic freedom of speech
are beginning to emerge.  The participant list for an academic
conference on public administration held in Macau in 1994 was
submitted in advance to the New China News Agency (NCNA) office
in Macau for approval.  Some academics acknowledge that they
avoid research on controversial topics which might entail
criticism of China.

     b.  Freedom of Peaceful Assembly and Association

The Government respects legal guarantees of these freedoms.
Although it restricts demonstrations to a limited number of
"approved locations" with sufficient space to accommodate the
crowds and continues to ban any protests within 30 meters of
government buildings, the list of approved sites includes the
square in front of city hall and other central city locations.

     c.  Freedom of Religion

Members of all religions practice their faiths freely.

     d.  Freedom of Movement Within the Country.  Foreign
         Travel, Emigration, and Repatriation

There are no restrictions on movement within the enclave;
emigration and foreign travel are unlimited.  The Government
reports that about 105,000 of Macau's 400,000 inhabitants have
the right of abode in Portugal.

The Government's official policy since 1982 has been to refuse
asylum to all Vietnamese boat people arriving in Macau waters.
With the approach of Macau's and Hong Kong's reversion to
China, Vietnamese boat people prefer to travel further north to
Japan and Korea.  Only three or four boat people remain in
Macau.

Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government

Citizens have a limited ability to change their government.  In
a by-election in the summer of 1992, six members were added to
the Legislative Assembly (two appointed, two elected, two
indirectly elected through limited membership organizations
recognized by the Government).  The 23-member Legislative
Assembly is composed of 8 members elected in universal direct
elections; 8 indirectly elected by local community interests;
and 7 appointed by the Governor.  The Consultative Council, an
advisory group to the Governor composed of elected and
appointed members, also provides some measure of popular
representation.  By tradition, the Government also consults
informally on a regular basis with local business and cultural
leaders.

Some independent political candidates charge that the Macau
Government unfairly assists progovernment candidates in
elections to the Legislative Assembly.  Government funds
allocated to neighborhood associations are used to pay for free
meals and gifts to win voter support for progovernment
candidates.  Similar treatment is not extended to candidates
who are critical of the Government or China.

Although women traditionally have played a minor role in local
political life, they increasingly are being found in senior
positions throughout the administration.  The Legislative
Assembly has three female members including the President of
the Assembly, which is the second most senior position.  The
Under Secretary for Health and Social Affairs is a woman, and
other high-level positions in administrative ministries,
including education and statistics, are filled by women.

Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights

Macau human rights organizations in 1994 claimed that the
Government attempted to punish a public school teacher for her
involvement in Amnesty International activities in Macau.
Human rights advocates both in Macau and Lisbon strongly
protested a government decision to discontinue her contract.
Subsequently, Macau government officials notified the teacher
that she could continue her employment with the Government.

Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status

     Women

Women are becoming more active and visible in business and
government, and some enjoy considerable influence and
responsibility in these areas.  Anecdotal information indicates
women in the private sector do not receive equal pay for equal
work.  Statistical evidence on this issue is not available.

Cases of violence against women are not common.  For cases that
are reported, Macau's criminal statutes prohibiting domestic
violence are enforced and violators prosecuted.  Police and
doctors report abuses to the Social Welfare Department, which
investigates them.  If hospital treatment is required, a
medical social worker counsels the victim and informs her about
social welfare services.  Until their complaints are resolved,
battered women may be placed in public housing, but no
facilities are reserved especially for them.

     Children

Child abuse and exploitation are not widespread problems in
Macau.  While the Government provides some funds for children's
welfare and protection services, most such services are
provided by nongovernmental entities such as churches and
community organizations.  The Government has not promulgated
any statutes specifically to protect the rights of children,
relying on the general framework of civil and political rights
legislation to protect all citizens.

     National/Racial/Ethnic Minorities

The law guarantees freedom from discrimination.  Although
Macau's governmental and legal systems place a premium on
knowledge of the Portuguese language, which is spoken by less
than 4 percent of the population, the official use of Chinese
in the civil service is growing.

There is significant public pressure for the Government to
speed up the process of making the civil service more
representative of the population; however, the pace of
localization has been very slow.  In January 1993, the
Government gave the Chinese language official status and the
same legal force as Portuguese.

     People with Disabilities

The extent to which physically disabled persons experience
discrimination in employment, education, and the provision of
state services is not known.  The Government gives little
attention to the subject, and there is little funding for
special programs aimed at helping the physically and mentally
disabled gain better access to employment, education, and
public facilities.  The Government has not mandated
accessibility for the disabled legislatively or otherwise.

Section 6  Worker Rights

     a.  The Right of Association

Macau labor law recognizes the right and freedom of all workers
to form and join trade unions and of private sector unions to
strike.  The Government neither impedes the formation of trade
unions nor discriminates against union members.

Mainland Chinese interests heavily influence local trade union
activities, including the selection of union leadership, and
stress the importance of stability and minimum disruption of
the work force.  Nearly all of Macau's 7,000 private sector
union members belong to a pro-China labor confederation.  Many
local observers claim that this organization is more interested
in furthering the Chinese political agenda in Macau than in
addressing classic trade union issues.  A few private sector
unions and two of the four public sector unions are outside
Chinese control.  Although the Portuguese Constitution
guarantees workers the right to strike, labor leaders in Macau
complain that there is no effective protection from retribution
should they exercise this right.

Macau unions may freely form federations and affiliate with
international bodies.  Three civil service unions are
affiliated with the major non-Communist Portuguese union
confederation.

     b.  The Right to Organize and Bargain Collectively

Unions tend to resemble local traditional neighborhood
associations, promoting social and cultural activities rather
than issues relating to the workplace.  Local customs,
moreover, normally favor employment without the benefit of
written labor contracts--except in the case of labor from
China.  Unions traditionally have not attempted to engage in
collective bargaining.  Portuguese laws protecting collective
bargaining apply to Macau and the Government does not impede or
discourage it.  No rules apply to the setting of wages and no
minimum wage exists for local or foreign workers.

However, a significant amount of the total work force
(approximately 16 percent) is composed of laborers from China
and other countries who fill both blue- and white-collar
positions.  These workers often work for less than half the
wages paid to a Macau resident performing the same job, live in
controlled dormitories, work 10 to 12 hours a day, and owe
large sums of money to the labor importing company for the
purchase of their job.  The high percentage of imported labor
erodes the bargaining power of local residents to improve
working conditions and increase wages.  The total number of
imported laborers is 28,000, out of a total employed work force
of approximately 171,000.  There are no government mechanisms
to prevent voluntary negotiations.

The law prohibits antiunion discrimination and there were no
complaints of it in 1994.

There are no export processing zones; all of Macau is a free
port.

     c.  Prohibition of Forced or Compulsory Labor

Compulsory labor is illegal and does not exist.

     d.  Minimum Age for Employment of Children

The law forbids minors under the age of 15 to work--except in
businesses operated by their families.  The Macau Labor
Department which enforces this law refers offending employers
to the judicial authorities for prosecution.  The Labor
Department claims that the incidence of child labor has
declined radically since effective enforcement began in 1985.
Throughout 1993 and up to October 1994, the Macau courts
received no complaints of child labor violations.  School
attendance in Macau is not compulsory.

     e.  Acceptable Conditions of Work

In the absence of any statutory minimum wage or publicly
administered social security programs, some large companies
have provided private welfare and security packages.  Calls for
labor reform, medical insurance, a social security system, and
increases in employee compensation figure regularly in
political campaign platforms.  To offset a current labor
shortage, the Government allows the importation of labor from
China and other countries under contract, while at the same
time imposing heavy fines on employers harboring illegal
immigrants.

Labor legislation provides for a 48-hour workweek, an 8-hour
workday, overtime, annual leave, medical and maternity care,
and employee compensation insurance.  Although Article 17 of
Macau's labor law provides a 24-hour rest period for every 7
days of work, worker representatives report that workers
frequently agree to work overtime to compensate for low wages.
The Department of Labor provides assistance and legal advice to
workers on request, but government enforcement of labor laws is
lax because of limited resources.  According to government
statistics for 1993, 32.7 percent of the work force worked
7 days per week.

The Department of Labor enforces laws on occupational safety
and health.  According to the Government, 625 infractions of
occupational safety and health laws had occurred up to
October.  This number represents approximately a 50 percent
decrease from the previous year.  Failure to correct
infractions leads to government prosecution.  Although a recent
law states that employers should provide safe working
conditions, no guarantee exists to protect employees' right to
continued employment if they refuse to work under dangerous
conditions.