U.S. and Macau (2007)

U.S. Department of State

China

Country Reports on Human Rights Practices - 2006

Released by the Bureau of Democracy, Human Rights, and Labor
March 6, 2007

MACAU

Macau, with a population of approximately 500,000, is a Special Administrative Region (SAR) of the People's Republic of China (PRC). The 1987 Sino-Portuguese Joint Declaration on the Question of Macau and the SAR's 1993 constitution, the Basic Law of the Macau SAR (hereafter referred to as the Basic Law), specify that Macau will enjoy a high degree of autonomy, except in defense and foreign affairs. 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. The Basic Law significantly circumscribes the power of the Legislative Assembly. In September 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 Basic Law does not posit the election of all members of the legislature by universal suffrage as an ultimate aim. 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.

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 Basic Law, as well as the Criminal Code, prohibits such practices, and the government generally respected this law in practice. Between January and July, there were 11 reports of police brutality, compared with 18 reports for the same period in 2005, and none involved acts of rape, sexual abuse, medical abuse, or hazing. There were no reports of deaths in police custody.

Prison and Detention Center Conditions

Prison 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 Basic 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. The Public Security Police were well disciplined and corruption and impunity were not problems. The Commission Against Corruption (CAC) acted to preclude problems with corruption.

Arrest and Detention

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 accused person's counsel may examine the evidence. The law provides that cases must come to trial within six months of an indictment. Data on the average length of pretrial incarceration was not available because courts do not keep detailed records on detention; however, 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 Basic Law provides for an independent judiciary, and the government generally respected judicial independence in practice.

There are four courts: the primary court, with general jurisdiction of first instance; the administrative court, with jurisdiction of first instance in administrative disputes; the court of second instance; and the court of final appeal. The courts have the power of final adjudication in all cases that are within the authority of the SAR. The courts also may rule on matters that are "the responsibility of the Central People's Government or concern the relationship between the central authorities and the [Special Administrative] Region." However, before making their final judgment, one which is not subject to appeal, the courts must seek an interpretation of the 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.

The Basic Law provides for the use of Portuguese, in addition to Chinese, as an official language used by executive authorities, the legislature, and the judiciary. The need to translate laws and judgments from Portuguese and a severe shortage of local bilingual lawyers and magistrates hampered development of the legal system. At year's end there were 124 lawyers in private practice in the SAR: 66 spoke Cantonese, 19 could read and write Cantonese and Mandarin, and 117 could read and write Portuguese. The government sponsored a postgraduate training program for magistrates who had received legal training outside of the SAR. The judiciary was relatively inexperienced and lacked locally trained lawyers. There were 29 practicing judges, six of whom were Portuguese.

According to the Basic Law, the chief executive appoints judges at all levels, acting on the recommendation of an independent commission, which he appoints. The commission is composed of local judges, lawyers, and "eminent persons." The Basic Law stipulates that judges must be chosen on the basis of their professional qualifications. Judges may be removed only for criminal acts or an inability to discharge their functions. With the exception of the chief justice, who must be a Chinese citizen with no right of abode elsewhere, foreigners are permitted to serve as judges under the Basic Law.

Trial Procedures

The Basic Law provides for the right to a fair trial, and an independent judiciary generally enforced this right. By law trials are open to the public, except when publicity could cause great harm to the dignity of the persons, to public morals, or to the normal development of the trial. The Basic Law provides for an accused person's right to be present during proceedings and to choose an attorney or request that one be provided at government expense. The Organized Crime Ordinance provides that "certain procedural acts may be held without publicity and witness statements read in court are admissible as evidence." There also are additional restrictions on granting bail and suspended sentences in organized crime cases. Defendants enjoy a presumption of innocence, have access to government-held evidence relevant to their cases, and have a right of appeal.

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 sometimes passed between filing a civil case and its scheduled hearing.

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

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 Basic 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 Basic Law provides for freedom of speech and of the press, and the government generally respected these rights in practice and did not restrict academic freedom. An independent press and an effective judiciary contributed to freedom of speech and the press.

The dominant newspapers, mainly Chinese-language, supported PRC government positions in their editorial line. The Union for Democracy Development Macau (UDDM), a nongovernmental organization (NGO) headed by prodemocracy legislators, charged that newspapers did not give equal attention to liberal and prodemocracy voices. In February 2005 the chief editor of 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," according to a letter from the government. The editor had been barred from the mainland for a number of years, although this was the first time he was 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 chatrooms. Individuals and groups could engage in the peaceful expression of views via the Internet, including by electronic mail.

Academic Freedom and Cultural Events

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

b. Freedom of Peaceful Assembly and Association

The Basic Law provides for freedom of assembly and association, and the government generally respected these rights in practice.

c. Freedom of Religion

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

Societal Abuses and Discrimination

There were no reports of anti-Semitic acts during the year, and the size of the SAR's Jewish population remained extremely small.

For a more detailed discussion, see the 2006 International Religious Freedom Report.

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

The Basic Law provides for these rights, and the government generally respected them in practice.

In 2005 government immigration officials refused entry to a Hong Kong resident who was a spokesperson for the Falun Gong. The spokesperson had been granted entry to the SAR many times without incident. During the year the same practitioner was denied entry at least four times, although the specific reasons for denial were not made clear by the government. Some members of the media who were openly critical of the mainland government were also refused entry (see section 2.a.).

The Basic Law prohibits forced exile by guaranteeing the right of permanent residents to leave and enter the SAR, and the government generally respected the law in practice.

Protection of Refugees

The Basic 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 granted refugee status or asylum and provided protection against refoulement, the return of persons to a country where they feared persecution. The migration department cooperated with the UN High Commissioner for Refugees in handling refugees. There were no applications for refugee status during the year.

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

The Basic 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.

Elections and Political Participation

In 2004 Chief Executive Edmund Ho was reelected to a second five-year term.

In September 2005, in accordance with the Basic Law, the SAR's democratic development was enhanced when a record 58 percent of registered voters participated in the SAR's third legislative elections, and voters directly elected 12 of the 29 members of the Legislative Assembly from geographic constituencies. Local community interests, such as business, labor, professional, welfare, cultural, educational, and sports associations, indirectly elected 10 members, and the chief executive appointed seven members.

There are limits on the types of legislation that legislators may introduce. The Basic 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 relating to government policies must receive the chief executive's written approval before they are submitted.

A 10-member executive council functions as an unofficial cabinet, approving all draft legislation before it is presented in the Legislative Assembly.

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 ethnic minorities in the 29-member assembly. One member of the executive council was also an ethnic minority, as was the police commissioner.

Government Corruption and Transparency

The CAC investigates public sector corruption and has the power to arrest and detain suspects. Between January and August, the CAC received 309 complaints against public officials in a variety of agencies. The CAC pursued 28 of these complaints, 25 of which were criminal cases and three were administrative cases. The CAC transferred eight cases to the Public Prosecutions Office. A monitoring body established to review complaints of maladministration or abuse by the CAC did not receive any complaints during the same period.

The law does not provide for public access to government information. However, the executive branch published online, in both Chinese and Portuguese, an extensive amount of information including 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 domestic 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 Basic Law stipulates that residents shall be free from discrimination, irrespective of their nationality, descent, race, sex, language, religion, political persuasion, ideological belief, educational level, economic status, or social condition, 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. For example, under the law that established the general framework for the educational system, access to education was stipulated for all residents regardless of race, religious, political, or ideological beliefs.

Women

The government effectively enforced criminal statutes prohibiting domestic violence against women and prosecuted violators; however, various NGOs and government officials consider domestic violence against women to be a growing problem. In the first half of the year, 170 cases of spousal abuse were reported to the police; however, because there is no independent category of spousal abuse in the SAR's court case classification system, there was no data on convictions.

Domestic violence is punishable by one to 15 years in prison. In the case of 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.

The law criminalizes rape, including spousal rape, and the government effectively enforced the law. In the first half of the year, there were five reported rapes.

Prostitution is legal, but procuring is not. Trafficking in persons also is illegal; however, there were 10 suspected cases of trafficking in women involving 17 victims for the purposes of prostitution (see section 5, Trafficking).

There is no law specifically addressing sexual harassment, although there is a law prohibiting harassment in general. Sexual harassment was not considered to be a major problem.

Equal opportunity legislation applicable to all public and private organizations mandates that women receive equal pay for equal work, prohibits discrimination based on sex or physical ability, and establishes penalties for employers who violate these guidelines. The law allows for civil suits, but few women took their cases to the Labor Affairs Bureau or other entities. There were no reported cases alleging sexual discrimination during the first half of the year.

Women also have become more active and visible in business; however, wage discrimination occurred in certain sectors of the job market, notably construction.

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.

School attendance is compulsory for all children between ages five and 15. Basic education was provided in government-run schools and subsidized private schools, and it covered the preprimary year, primary education, and general secondary education. 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, and the government provided free medical care for all children.

Child abuse and exploitation were not widespread problems. In the first half of the year, nine cases of child abuse were reported to the Health Department and 80 cases of offenses against the physical integrity of minors were reported to the police. During the same period, the police received two reports of rape of minors and eight reports of sexual abuse of minors.

Trafficking in Persons

The Basic Law makes trafficking in persons a crime punishable by two to 15 years in prison; however, there was no law that specifically addressed trafficking persons into the SAR. The law increases penalties by one-third (within minimum and maximum limits) if the victim is under 18 years of age. If the victim is under 14 years of age, the penalty is increased by five to 15 years. If the trafficker rapes the victim, the two offenses are treated as different crimes. The government has other statutes that it can use to prosecute such traffickers. For example, although prostitution is not illegal, 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.

The country is a transit and destination point for women trafficked for the purposes of prostitution. While the overwhelming majority of foreign prostitutes entered the country voluntarily, there was evidence that some had been deceived or coerced into participating in the country's commercial sex trade. During the year press reports and NGOs stated that some prostitutes lived in poor conditions under threats of violence and coercion.

No information was available on government investigations into cases of procurement. While most known cases involved women who were believed to be willing participants in the sex industry, 17 women claimed to have been brought to the SAR under false pretenses, and four complained of abuse. SAR authorities believed that Chinese, Russian, and Thai criminal syndicates were involved in bringing women to the SAR for the purposes of prostitution. Prostitutes were primarily from mainland China, Mongolia, Russia, Eastern Europe, Vietnam, and Thailand.

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

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.

National/Racial/Ethnic Minorities

Although no specific laws prohibit discrimination on the basis of racial or ethnic background, the government generally respected the rights of ethnic minorities, particularly the Macanese (Eurasians who comprise approximately 2 percent of the population). Although Portuguese officials no longer dominated the civil service, the government bureaucracy and the legal system placed a premium on knowledge of the Portuguese language, which was spoken by approximately 2 percent of the population. During the year the government conducted its first census since 2001, but updates on the racial and ethnic composition of the population had not been released as of year's end. The Chinese language has official status, and the use of Chinese in the civil service has grown in recent years.

Section 6 Worker Rights

a. The Right of Association

The law provides for the right of workers to form and join unions of their choice without previous authorization or excessive requirement, and the government generally respected this right in practice. The Basic Law stipulates that international labor conventions that applied before the handover remain in force. The UDDM expressed concern that the local law contains no explicit provisions that bar discrimination against unions. The law also specifically excludes public servants and migrant workers from labor law protections.

Nearly all private sector unions were part of the pro PRC Federation of Trade Unions (FTU), or the Macau Chamber of Commerce (both of which are listed as associations, commonly the case for unions), and they tended to stress the importance of stability and minimum disruption of the work force. The UDDM and some local journalists claimed that the FTU was more interested in providing social and recreational services than in addressing trade union problems such as wages, benefits, and working conditions. At the beginning of the year, there were 567 registered unions. All classes of workers have the right to join a union. There was no data on the percentage of unionized workers.

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. Market forces determined wages. Unions tended to resemble local traditional neighborhood associations, promoting social and cultural activities rather than workplace problems. Local customs normally favored employment without the benefit of written labor contracts, except in the case of migrant labor from the mainland and the Philippines. Pro-PRC unions traditionally have not attempted to engage in collective bargaining.

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; the government generally enforced 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 May approximately 3,000 workers from eight independent labor unions representing unskilled laborers and construction workers held a demonstration against the chief executive. The demonstration turned violent when protesters confronted riot police as they attempted to march on government headquarters. The theme of the demonstration was to "drive out illegal workers and cut imported labor." Twenty-five police officers were reportedly injured and four protesters arrested during the demonstration. Prodemocracy legislator Antonio Ng voiced his support for the demonstration and called on the government to formulate labor importation policies in a transparent way with prior public consultation.

In December approximately 600 workers and citizens protested labor issues and corruption in Macau. In contrast to the labor demonstrations in May, the protests were nonviolent. Workers who believed that 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.

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 businesses and on fishing vessels, usually during summer and winter vacations. 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 July 2005 the Labor Department Inspectorate conducted a special inspection specifically aimed at enforcing child labor laws. During this inspection 476 companies were visited, and 17 were found to have violated child labor laws by employing 29 minors ages 14 to 16. A similar inspection was conducted during the year, but data from it was not available at year's end.

e. Acceptable Conditions of Work

Local labor laws establish the general principle of fair wages and mandate compliance with wage agreements, but there was no mandatory minimum wage. Average wages provided a decent standard of living for a worker and family. In his policy address in November, Chief Executive Ho stated that government cleaning and security contractors would enjoy a minimum wage starting next year but did not say what the wage would be.

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 for every seven days of work, workers frequently agreed to work overtime to compensate for low wages. The Labor Department provided assistance and legal advice to workers on request.

The Labor Department enforced occupational safety and health regulations, and failure to correct infractions could lead to prosecution. In 2005 the Labor Department inspectorate conducted 4,508 inspections and uncovered 3,195 violations carrying fines totaling approximately $194,000 (1.5 million patacas). Data on Labor Department inspections throughout the year was not available. From January to September, there were five 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.

Migrant workers, mainly from the PRC and Southeast Asia, made up approximately 10.3 percent of the work force. In May several thousand workers and union members marched in demand of more effective measures to prevent the hiring of illegal workers and to limit the number of imported workers (see section 6.b.). They often received less than local residents for performing the same job, lived in controlled dormitories, worked 10 to 12 hours per day, and owed large sums of money to labor-importing companies for purchasing their jobs. They had no collective bargaining rights and no legal recourse in the case of unfair dismissal.

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• Country Reports on Human Rights Practices - 2006