U.S. and Macau (2008)

U.S. Department of State

China (Macau)

Country Reports on Human Rights Practices - 2007
Released by the Bureau of Democracy, Human Rights, and Labor
March 11, 2008

MACAU

Macau, with a population of approximately 526,000, is a Special Administrative Region (SAR) of the People's Republic of China (PRC) and enjoys a high degree of autonomy, except in defense and foreign affairs, under the SAR's constitution and the Basic Law. The government is led by a chief executive, chosen by a 300-member election committee, which in turn is chosen by a preparatory committee composed of 60 SAR and 40 mainland representatives appointed by the National People's Congress (NPC). In 2004 Chief Executive Edmund Ho was reelected to a second five-year term. In 2005 voters elected 12 of the legislature's 29 members in direct elections based on geographical constituencies. Interest groups in functional constituencies elected 10 others, and the chief executive appointed the remaining seven members. The civilian authorities generally maintained effective control of the security forces.

The government generally respected the human rights of its citizens; however, some problems remained, most notably limits on citizens' ability to change their government, trafficking in persons, and reported official corruption.

RESPECT FOR HUMAN RIGHTS

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

a. Arbitrary or Unlawful Deprivation of Life

There were no reports that the government or its agents committed arbitrary or unlawful killings.

b. Disappearance

There were no reports of politically motivated disappearances.

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

The law prohibits such practices, and the government generally respected these rights. Between January and July, there were seven reports of police brutality, but none involved acts of rape, sexual abuse, medical abuse, or hazing. In 2006 the Public Prosecutions Office initiated prosecution for assault or brutality by police forces, none of which involved sufficient evidence to warrant action. There was one report of death in police custody during the first half of the year, which at year's end was being investigated by the Public Prosecutions Office.

Prison and Detention Center Conditions

Prison and detention center conditions generally met international standards, and although the government permitted visits by independent human rights observers, there were no requests during the year.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention, and the government generally observed these prohibitions.

Role of the Police and Security Apparatus

Civilian authorities, specifically the secretary for security, supervised and controlled the police. Discipline, corruption, and impunity were not widespread problems in the Public Security Police. The Commission Against Corruption (CCAC) acted to preclude problems with police corruption.

Arrest and Detention

Persons were apprehended openly with warrants based on sufficient evidence and issued by a duly authorized official, and detainees were allowed access to a lawyer of their choice or, if indigent, to one provided by the state. Detainees were allowed prompt access to family members. Police must present persons remanded in custody to an examining judge within 48 hours of detention. The examining judge, who conducts a pretrial inquiry in criminal cases, has a wide range of powers to collect evidence, order or dismiss indictments, and determine whether to release detained persons. The law provides that cases must come to trial within six months of an indictment. The criminal procedure code mandates that pretrial detention is limited to between six months to three years, depending on the criminal charges and progress of the judicial system. Judges often refused bail in cases where sentences could exceed three years.

e. Denial of Fair Public Trial

The law provides for an independent judiciary, and the government generally respected judicial independence in practice. A public prosecutor general heads the Public Prosecutions Office, which enjoys substantial autonomy from both the executive and the judiciary. The law stipulates that the Public Prosecutions Office's functions be carried out without government interference, and the government respected the law in practice.

Both Portuguese and Chinese (Cantonese) are official languages, and either may be used by executive authorities, the legislature, and the judiciary. The need to translate laws and judgments from one language to the other and a shortage of local bilingual lawyers and magistrates hampered the development of the legal system.

Several top officials in the judiciary expressed concern over shortfalls in the judicial system. The top judge publicly criticized the severe shortage of judges and proposed that double the current number was needed. Twenty-nine judges, six of whom are Portuguese, serve in the judiciary. The public prosecutor general echoed these views, stating that the existing system of hearings and taking of evidence no longer met the demands of the SAR's society, and the president of the Macau Lawyers Association stated that delays affecting the resolution of judicial cases were unacceptable.

Trial Procedures

The law provides for the right to a fair trial, and an independent judiciary generally enforced this right. The courts may rule on matters that are "the responsibility of the Central People's Government or concern the relationship between the central authorities and the SAR." However, before making their final judgment, which is not subject to appeal, the courts must seek an interpretation of relevant provisions from the NPC's Standing Committee. When the Standing Committee makes an interpretation of the provisions concerned, the courts, in applying those provisions, "shall follow the interpretation of the Standing Committee." The Standing Committee must consult the NPC's Committee for the Basic Law of the SAR before giving an interpretation of the law. This committee is composed of 10 members--five from the SAR and five from the mainland. The chief executive, the president of the SAR Legislative Assembly, and the president of the court of final appeal nominate the SAR members.

Defendants enjoy a presumption of innocence and have access to government-held evidence relevant to their cases and a right to appeal. Defendants have the right to confront witnesses, and public attorneys are provided for those who are financially incapable of engaging lawyers or paying expenses of proceedings. Trials are public and were by jury except at the magistrate-court level.

The judiciary provides citizens with a fair and efficient judicial process; however, due to an overloaded court system, a period of up to a year often passed between filing a civil case and its scheduled hearing.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees.

Civil Judicial Procedures

There is an independent and impartial judiciary for civil matters, and there were no problems enforcing domestic court orders.

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

The law prohibits such actions, and the government generally respected these prohibitions in practice.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The law provides for freedom of speech and of the press, and the government generally respected these rights in practice. An independent press and an effective judiciary combined to ensure freedom of speech and of the press.

The independent media were active and expressed a wide variety of views without restriction, as safeguarded by Article 27 of the Basic Law and Law 7/90/M, and international media operated freely. The dominant newspapers, mainly Chinese-language, supported mainland government positions in their editorial line. In May the Macau Media Workers Association complained that only a government-owned television station was allowed to film a meeting between the chief executive and local journalists after a Labor Day rally turned violent and that government information officials supervised the editing of the footage before it was released to other media sources. The government rejected the claims, and the Government Information Bureau conducted an internal review and reported its findings to the chief executive, but the findings were not made public.

In 2005 the chief editor of Hong Kong-based Open Magazine, which is openly critical of the mainland Chinese government, was refused entry to the SAR "based on Macau Special Administrative Region internal security guidelines." The editor, a mainland native, had been barred from the mainland since 1996 for criticizing the central government and disclosing insider stories barred from the SAR. At year's end the case was under investigation by the chief executive's office.

Internet Freedom

There were no government restrictions on access to the Internet or reports that the government monitored e-mail or Internet chat rooms. Individuals and groups could engage in the peaceful expression of views via the Internet, including by e-mail. Internet access was widely available; studies showed that approximately 40 percent of the population had regular access to the Internet, although less than half used or planned to use it.

Academic Freedom and Cultural Events

There were no government restrictions on academic freedom and cultural events.

b. Freedom of Peaceful Assembly and Association

The law provides for freedom of assembly and association, and the government generally respected these rights in practice; however, in May there were some problems with security force practices in dealing with demonstrators. An estimated 2,400 residents participated in labor and anticorruption demonstrations on May 1 that turned violent after demonstrators veered off the approved march route and clashed with police. Police fired five warning shots into the air, and the violent clash resulted in 10 arrests and injuries to 21 police officers. Critics charged that the police actions were inappropriate; police defended their actions as necessary to prevent a stampede.

c. Freedom of Religion

The law provides for freedom of religion, and the government generally respected this right in practice.

Societal Abuses and Discrimination

Societal relations among various religious groups were generally amicable. There were no reports of anti-Semitic acts, and the size of the SAR's Jewish population remained extremely small.

For a more detailed discussion, see the 2007 International Religious Freedom Report.

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

The law provides for freedom of movement within the country, foreign travel, emigration, and repatriation, and the government generally respected them in practice.

Some Falun Gong practitioners complained of being denied entry into the SAR and claimed that the government did not specify reasons for denial; however, most denials appeared to be linked to overall periods of heightened political sensitivity rather than specific Falun Gong practitioners.

There were no known cases of media critical of the mainland government being denied entry during the reporting period.

The law prohibits forced exile, and the government generally respected the law in practice.

Protection of Refugees

The law provides for the granting of asylum or refugee status in accordance with the 1951 UN Convention relating to the Status of Refugees and its 1967 protocol, and the government has established a system for providing protection to refugees. In practice the government provided protection against refoulement, the return of persons to a country where there is reason to believe they feared persecution. The Immigration Department cooperated with the UN High Commissioner for Refugees in handling refugees. During the year there were no applications for refugee status.

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

The law restricts citizens' ability to change their government. The government was led by a chief executive, chosen by a 300-member election committee, which in turn was chosen by a 100-member preparatory committee, composed of 60 SAR and 40 mainland representatives appointed by the NPC. Voters directly elected 12 of the 29 Legislative Assembly members, and local community interest groups indirectly elected 10 members. The remaining seven members were selected by the chief executive.

Elections and Political Participation

In 2004 Chief Executive Edmund Ho was reelected to a second five-year term. In 2005 the SAR held the third legislative elections, with 58 percent of registered voters participating. The elections were considered generally free and fair.

There are limits on the types of legislation that legislators may introduce. The law stipulates that legislators may not initiate legislation related to public expenditure, the SAR's political structure, or the operation of the government. Proposed legislation related to government policies must receive the chief executive's written approval before it is submitted.

A 10-member executive council functions as an unofficial cabinet, approving draft legislation before it is presented in the Legislative Assembly. The Basic Law stipulates that the chief executive appoints members of the Executive Council of the Macau Special Administrative Region from among the principal officials of the executive authorities, members of the legislature, and public figures.

There were six women in the 29-member assembly, including the president of the assembly. Women also held a number of senior positions throughout the government. There were three members of ethnic minorities in the Legislative Assembly. One member of the executive council was also from an ethnic minority, as was the police commissioner.

Throughout the year local democracy activists and reporters questioned the government about steps toward universal suffrage in the SAR. Following the chief executive's policy address on November 13, reporters expressed concern that he did not mention the issue despite his earlier commitment to begin consultations during the year on universal suffrage for chief executive and legislative elections. The chief executive lauded public discourse on the issue but stated that the SAR had not met the criteria necessary to achieve full suffrage in either election in 2009.

Government Corruption and Transparency

The law provides criminal penalties for official corruption; however, officials sometimes engaged in corruption. The CCAC investigates the public sector and has the power to arrest and detain suspects. Between January and June, the CCAC received 377 complaints against public officials in a variety of agencies. The CCAC pursued 11 of these complaints, 225 of which were criminal cases and 152 of which were administrative cases. The CCAC transferred seven cases to the Public Prosecutions Office. The Ombudsman Bureau, within the CCAC, was established to review complaints of maladministration or abuse by the CCAC, and there were no reports of complaints during the same period. There also is an independent committee outside CCAC called the Monitoring Committee on Discipline of the CCAC Personnel, which accepts and reviews complaints on CCAC personnel.

On August 31, the CCAC commissioner reported at a press conference that the antigraft body investigated 41 percent fewer cases in the first seven months of the year than during the same period in 2006. The commissioner attributed the decrease to a "lack staff." Furthermore, there was widespread public concern over corruption in the executive branch and the lack of transparency between the government and the business sector. The arrest of the former secretary for transport and public works exacerbated rising social tensions despite the soaring economy. Labor protests decried a growing wealth gap, flawed governance, and rising corruption, especially over government land sales to developers.

On June 6, the former public works secretary, Ao Man Long, was formally charged by the public prosecutor with abuse of power, acceptance of bribes, money laundering, and unknown sources of large amounts of assets. Ao's charges followed six months of investigation that uncovered assets exceeding $102 million (800 million patacas). On December 12, the month-long corruption trial in the Court of Final Appeal ended, although at year's end a verdict had not been announced. Following the trial, the CCAC commissioner reportedly said that the commission was monitoring the government's land-lease authorizations and the approval of public construction projects as part of its routine antigraft prevention measures.

The law does not provide for public access to government information. However, the executive branch published online, in both Portuguese and Chinese, an extensive amount of information on laws, regulations, ordinances, government policies and procedures, and biographies of government officials. The government also issued a daily press release on topics of public concern. The information provided by the legislature was less extensive. For example, it did not publish a legislative agenda or a list of pending bills.

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

A number of human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials often were cooperative and responsive to their views.

Section 5 Discrimination, Societal Abuses, and Trafficking in Persons

The law stipulates that residents shall be free from discrimination, and the government effectively enforced the law. In addition, many local laws carry specific prohibitions against discrimination, although there is no specific law for combating discrimination.

Women

The law criminalizes rape, including spousal rape, and the government effectively enforced the law. In the first half of the year, there were four reported rapes. Rape was not a pervasive problem, and the police and courts promptly acted on rape cases.

The government effectively enforced criminal statutes prohibiting domestic violence against women and prosecuted violators; however, various nongovernmental organizations (NGOs) and government officials considered domestic violence against women to be a growing problem. In the first half of the year, 51 cases of domestic violence, including 22 cases of spousal abuse, were reported to the police, 49 of which were prosecuted.

Domestic violence is punishable by one to 15 years in prison. In the case of both spousal abuse and violence against minors, the penalty is two to eight years' imprisonment and five to 15 years if the abuse leads to the death of the victim. There was no data on reported cases of spousal abuse and violence against minors.

The government provided hospital treatment for victims of abuse, and medical social workers counseled victims and informed them about social welfare services. The government may provide victims of domestic violence with public housing until their complaints are resolved, but it did not reserve facilities expressly for this purpose.

Private and religious groups sponsored programs for victims of domestic violence, and the government supported and helped to fund these organizations and programs. The Bureau for Family Action, a government organization subordinate to the Department of Family and Community of the Social Welfare Institute, helped female victims of domestic violence by providing a safe place for them and their children and furnishing advice regarding legal actions against the perpetrators. A family counseling service was available to persons who requested such services at social centers. Two government-supported religious programs also offered rehabilitation programs for female victims of violence.

Prostitution is legal and common; however, procurement and the operation of a brothel are illegal. Nevertheless, the SAR had a large sex trade, including brothels, most of which were believed to be controlled by Chinese organized crime groups, and many of those exploited by the trade were women.

There is no law specifically addressing sexual harassment, although harassment in general is prohibited and was not widespread.

Equal opportunity legislation mandates that women receive equal pay for equal work; however, observers estimated that there was a significant difference in salary between men and women, particularly in unskilled jobs. The law allows for civil suits, but few women took their cases to the Labor Affairs Bureau or other entities. Discrimination in hiring practices based on gender or physical ability is prohibited by law, and penalties exist for employers who violate these guidelines. There were no reports on alleging sexual discrimination during the first half of the year.

Children

The government protected the rights and welfare of children through the general framework of civil and political rights legislation that protects all citizens. The law specifically provides for criminal punishment for sexual abuse of children and students, statutory rape, and procurement involving minors. The age of criminal responsibility is 16.

School attendance is compulsory for all children between ages five and 15 through general secondary education. Basic education was provided in government-run schools and subsidized private schools. The Education Department provided assistance to families that could not pay school fees. The children of illegal immigrants were excluded from the educational system. Experts believed this exclusion affected only a few children. Boys and girls attended school in equal proportions.

The government provided free medical care for all children. Child abuse and exploitation were not widespread problems. During the first half of the year, one case of child abuse and 91 cases of offenses against the physical integrity of minors were reported to the police. During the same period, the police received three reports of rape of minors and no reports of sexual assault against minors.

Trafficking in Persons

The law prohibits only the trafficking of persons out of the SAR, which is punishable by two to 15 years in prison; there is no law addressing the trafficking of persons into the SAR or the involuntary servitude of persons within the SAR. Penalties for transnational trafficking out of the SAR increase if the victim is underage; if the trafficker rapes the victim, the two offenses are treated as different crimes. For instances of trafficking within or to the SAR, the government has other statutes that it can use to prosecute traffickers. For example, although prostitution is legal, a "procurement" law makes it a crime to instigate, favor, or facilitate the practice of prostitution by another person for the purposes of profit or as a way of life, although the penalties for this lighter crime are less severe and the "procurement" crime does not recognize a victim. No investigations into or prosecutions of trafficking under existing laws were reported.

The SAR is a transit and destination point for women trafficked for the purposes of sexual servitude. While the majority of foreign women who entered the SAR to become prostitutes were believed to have done so voluntarily, there was evidence that some had been deceived or coerced into participating in the commercial sex trade. Some foreign victims were misinformed about their destination and diverted to the SAR, where they were trafficked into prostitution.

During the first half of the year, nine women claimed to have been brought to the SAR under false pretenses to work as prostitutes, most of whom were found to be coerced and were not fined, imprisoned, or deported unless they had violated the law, including immigration statues. There was one complaint of abuse of a prostitute between January and June. Authorities believed that Chinese, Russian, and Thai criminal syndicates were involved in trafficking women to the SAR for prostitution, after which victims were passed on to local crime syndicates. There were no confirmed reports of official involvement in human trafficking. Victims were primarily from mainland China, Mongolia, Russia, eastern Europe, Vietnam, and Thailand.

There were no dedicated government assistance programs for victims of trafficking, and no NGOs focused specifically on trafficking-related problems; however, there were charity organizations that provided assistance and shelter to women and children who were victims of trafficking.

In September the government publicly announced the establishment of an interagency "concern committee" focused on human trafficking. The government directive also called for a comprehensive review of trafficking-related law to conform them to international standards. Between September and December, the "Commission to Supervise the Implementation of Dissuasive Measures for Human Trafficking" met three times to explore future cooperation with local NGOs, including the establishment of a hot line for reporting cases of human trafficking, the drafting of a new law for combating human trafficking, and outreach activities.

On October 10, the Consultative Commission on Women's Affairs (CCWA), a 25-member advisory body comprising representatives from government, private industry, legal and social organizations which reports to the government on ways to promote women's rights and interests, briefed the chief executive--who also leads the group--on its antitrafficking activities. The CCWA reportedly met in August to study ways to improve efforts to combat human trafficking and raise civil awareness. In November the group met with the Judiciary Police to study ways to improve enforcement measures against trafficking, and later that month it also met with the Legal Affairs Bureau to review draft legislation to update Macau's antitrafficking laws and comply with international standards.

Persons with Disabilities

The law mandates access to buildings for persons with disabilities, and the government generally enforced these provisions in practice. There were no reports of discrimination against persons with disabilities in employment, education, or provision of state services. There were no reports related to government restrictions on the right of persons with disabilities to vote or participate in civic affairs, and the Social Welfare Institute was primarily responsible for coordinating and funding public assistance programs to persons with disabilities.

Other Societal Abuses and Discrimination

There were no reports of societal violence or discrimination based on sexual orientation or against persons with HIV/AIDS.

Section 6 Worker Rights

a. The Right of Association

The law provides for the right of workers to form and join unions or "labor associations" of their choice without previous authorization or excessive requirement, and the government generally respected this right in practice. However, new guidelines adopted by the CCAC require that civil servants must obtain approval from their managers before joining associations or becoming leaders in labor associations. The Union for Democracy Development Macau (UDDM) expressed concern that the local law contains no explicit provisions that bar discrimination against unions. The law also specifically excludes public servants, domestic workers, and migrant workers from labor law protections, including the right of association. At the beginning of the year, there were 186 registered labor associations and 227 employers' associations. There was no data on the percentage of unionized workers.

According to the International Trade Union Confederation (ITUC), due to the mainland government's strong influence over local trade union activities, including the direct selection of the leadership of the Federation of Trade Unions (FTU), independence of trade unions was undermined and the protection of the trade union members' rights compromised. Mainland government policies emphasized minimizing workplace disruption, and some unions were criticized for tending to resemble local traditional neighborhood associations promoting social and cultural activities. The UDDM and some local journalists claimed that the FTU was more interested in providing social and recreational services than in addressing labor problems such as wages, benefits, and working conditions.

b. The Right to Organize and Bargain Collectively

The law provides that agreements concluded between employers and workers shall be valid, but there is no specific statutory protection that provides for the right to collective bargaining; however, the government did not impede or discourage collective bargaining. Pro-mainland unions traditionally have not attempted to engage in collective bargaining. Migrant workers and public servants did not have the right to bargain collectively.

Local customs normally favored employment without the benefit of written labor contracts, except in the case of migrant workers, who were issued short-term contracts. Labor groups reported that employers increasingly used temporary contracts as a means to circumvent obligations to pay for workers' benefits such as pensions, sick leave, and paid holidays.

There is no specific protection in local law from retribution if workers exercise their right to strike. The government argued that striking employees are protected from retaliation by labor law provisions, which require an employer to have "justified cause" to dismiss an employee; however, there were reports that the government failed to enforce these provisions. Strikes, rallies, and demonstrations were not permitted in the vicinity of the chief executive's office, the Legislative Assembly, and other key government buildings. In addition, the ITUC reported that violations of restrictions imposed on public meetings and demonstrations were punishable by imprisonment and forced labor.

On October 1, approximately 1,000 citizens took part in peaceful demonstrations protesting government corruption and raised labor problems such as the influx of illegal workers, which they claimed numbered approximately 70,000. Illegal laborers were not protected by labor laws. Similar concerns were raised during the May 1 protest.

Workers who believed they were dismissed unlawfully may bring a case to court or lodge a complaint with the Labor Department or the high commissioner against corruption and administrative illegality, who also functions as an ombudsman. However, migrant workers had no right to such legal recourse.

There are no export processing zones.

c. Prohibition of Forced or Compulsory Labor

The law prohibits forced or compulsory labor, including by children, and there were no reports that such practices occurred.

d. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits minors under the age of 16 from working, although minors between the ages of 14 and 16 can be authorized to work on an "exceptional basis." Some children reportedly worked in family-run or small businesses. Local laws do not establish specific regulations governing the number of hours these children can work, but International Labor Organization conventions were applied. The Labor Department enforced the law through periodic and targeted inspections, and violators were prosecuted. In 2005 the Labor Department Inspectorate conducted a special inspection specifically aimed at enforcing child labor laws. During the inspection 476 companies were visited, and 17 were found to have violated child labor laws by employing 29 minors between 14 and 16 years of age. A similar inspection was conducted during the year, but data was not available by year's end.

e. Acceptable Conditions of Work

Local labor laws establish the general principle of fair wages and mandate compliance with wage agreements. There was no mandatory minimum wage except for government-outsourced security guards and cleaners. A dispatch published in the government's official gazette stipulated that, beginning September 1, all government agencies would pay a minimum wage to workers in these industries, that service providers not complying with the rule could be fined, and that the Labor Affairs Bureau was responsible for dealing with complaints. Following the dispatch, public debate arose over whether a minimum wage should be extended to other sectors. Average wages provided a decent standard of living for a worker and family.

In addition to the estimated 60,000 migrant workers, the use of illegally imported workers increased. The ITUC maintained that under the labor law, the high percentage of foreign labor was eroding the bargaining power of local residents to improve working conditions and increase wages.

Labor legislation provides for a 48-hour workweek, an eight-hour workday, paid overtime, annual leave, and medical and maternity care. Although the law provides for a 24-hour rest period each week, workers frequently agreed to work overtime to compensate for low wages. The Labor Department provided assistance and legal advice to workers upon request.

The Labor Department enforced occupational safety and health regulations, and failure to correct infractions could lead to prosecution. During 2006 and the first half of 2007, the Labor Department inspectorate conducted 6,142 inspections and uncovered 3,934 violations carrying fines totaling approximately $179,000 (1.4 million patacas). From January to September, there were six work-related deaths. Although the law includes a requirement that employers provide a safe working environment, no explicit provisions protected employees' right to continued employment if they refused to work under dangerous conditions. According to the government, migrant workers, mainly from the mainland and Southeast Asia, made up approximately 26 percent of the work force.

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• Country Reports on Human Rights Practices - 2007