The Human Rights Committee this morning concluded its consideration of the second periodic report of Macao Special Administrative Region of China on how it implements the provisions of the International Covenant on Civil and Political Rights. Committee Experts commended Macao Special Administrative Region of China on the reduction of the backlog of court cases, while asking questions about the status of refugees and the alleged restrictions on entry of journalists into the region.
A Committee Expert welcomed the reduction in the backlog of cases in the courts of Macao Special Administrative Region of China, asking for updated data to be provided.
Another Expert asked the delegation for clarification on the status of two pending applications for refugee status which had been awaiting a decision for over a decade? What caused such excessive delays and what was being done to avoid this in the future? What kind of humanitarian support services were provided to these families?
One Expert noted that there had been reports that journalists known to be critical of the Government had been denied entry into Macao Special Administrative Region of China. Could the delegation provide precise information on the number of journalists who had been refused entry into the region for “security reasons” over the past five years? What was the precise nature of the security threat posed by journalists to warrant their exclusion?
In the ensuing discussion, the delegation said that the two refugees in question had received support, including financial assistance that was enough to meet basic life needs. Accommodation had also been provided, with every person enjoying around 200 square feet of space. They could also receive free medical care and full medical support. The two refugees could live in and move around Macao Special Administrative Region of China freely.
The delegation also said that the Government had never restricted any foreign journalists from entering Macao Special Administrative Region of China, and they had complete freedom to enter and conduct interviews. Only a few foreign journalists were refused entry which had nothing to do with freedom; this was border control in accordance with the law. Police could stop persona non-grata or those who posed a threat to the order involving international terrorist activities from entering Macao, or expel them. Every person who entered the region was examined to determine whether they would be allowed to enter.
André Cheong Weng Chon, Secretary for Administration and Justice of Macao Special Administrative Region of China and head of the delegation, said that the Commission against Corruption played an important role in human rights monitoring. Several bodies had also been restructured with their scopes expanded and were provided with sufficient powers to fulfil the Paris Principles. After the outbreak of the COVID-19 pandemic, the Government of Macao Special Administrative Region of China had adopted strict prevention measures, which had achieved remarkable results, and the number of COVID-19 deaths in the country remained at very low levels.
In concluding remarks, Mr. Weng Chon thanked the Committee, saying it was with the joint efforts of all parties that the consideration could be successfully concluded. The Government of Macao Special Administrative Region of China attached great importance to the active role of the Committee in the promotion of the implementation of the Covenant, and would seriously study the comments and recommendations put forward.
Photini Pazartzis, Committee Chairperson, thanked the delegation for their detailed report, written replies and for the constructive dialogue. The Committee was reassured by the delegation’s responses, especially its expression of continued commitment to the Covenant. However, concern was held around the lack of a specific human right’s national institution, and the Chair expressed hope that Macao Special Administrative Region of China would reconsider its position. A useful exchange had been had on freedom of speech, including journalists and academics.
The delegation of Macao Special Administrative Region of China was made up of representatives of the Secretary for Administration and Justice; the Secretary for Security; the Government Information Bureau; the Legal Affairs Bureau; the Health Bureau; the Social Welfare Bureau; the Labour Affairs Bureau; the Correctional Services Bureau; the Judiciary Police; the Public Security Police Force; and the Permanent Mission of China to the United Nations Office at Geneva.
The Human Rights Committee’s one hundred and thirty-fifth session is being held from 27 June to 27 July. All the documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s . Meeting summary releases can be found . The webcast of the Committee’s public meetings can be accessed via the .
The Committee is next scheduled to meet in public at 3 p.m. on Monday, 18 July for an informal meeting with State parties.
Report
The Committee has before it the second periodic report of Macao Special Administrative Region of China )
Presentation of Report
ANDRÉ CHEONG WENG CHON, Secretary for Administration and Justice of Macao Special Administrative Region of China and head of the delegation, said that in December 1999, the People’s Republic of China resumed the exercise of sovereignty over Macao Special Administrative Region of China and since then, the Region had been exercising a high degree of autonomy and had developed in all aspects. The GDP per capita in Macao Special Administrative Region of China had increased by 192 per cent in 2021 compared to 1999, and the average life expectancy of residents had also increased to 84.2 years in 2021. In 2016, Macao Special Administrative Region of China enacted the law on domestic violence, which had designated domestic violence as an independent offence and established preventive measures, while providing for assistance measures for victims. The Criminal Code had also been amended to make child pornography an independent offence, and the labour relations law was amended to increase the number of days for maternity leave and establish paternity leave. To improve judicial efficiency, Macao Special Administrative Region of China had revised its procedural laws, simplifying relevant litigation procedures and shortening the trial time of cases.
Mr. Weng Chong said the number of seats in the Legislative Assembly of Macao Special Administrative Region of China had increased from 29 to 33 since 2013. The Government of Macao Special Administrative Region of China had strengthened its protection for older persons, persons with disabilities and other groups through the grant of disability subsidies, pensions and various assistance funds. The Government also strove to provide basic living conditions for residents who had difficulty in purchasing properties through the construction of social and economic housing. The Commission against Corruption played an important role in human rights monitoring. Several bodies had also been restructured with their scopes expanded and were provided with sufficient powers to fulfil the Paris Principles. In 2020 and 2021, lectures were organised on human rights conventions for students in universities and in secondary and primary schools. Several rounds of financial assistance had been launched in response to the COVID-19 pandemic, as well as psychological support services. The Government was committed to providing non-resident workers with equal protection of basic rights and interests, and actively promoted the legislation of the trade union law.
After the outbreak of the COVID-19 pandemic, the Government of Macao Special Administrative Region of China adopted strict prevention measures, including restrictions on crowd gathering activities, adjustment of immigration policies, and suspension of the operation of designated venues. The pandemic prevention measures had achieved remarkable results and the number of COVID-19 deaths in the country remained at very low levels. Issues concerning the protection of rights of minority groups, such as the legal recognition of transgender persons and whether domestic violence was applicable to cohabitants of the same sex, were controversial in deeply traditional East Asian societies, and Macao Special Administrative Region of China was no exception. It was necessary to actively carry out inclusive dialogues, taking the existing legal system and social values into account, to gradually promote the protection of rights of minority groups. Mr. Weng Chong said that with the effective control of the pandemic, the economy of Macao Special Administrative Region of China would achieve a rapid recovery and would provide the necessary economic and social conditions for further strengthening the protection of human rights and for promoting the implementation of the Covenant.
Questions by Committee Experts
A Committee Expert said the slew of reforms in Macao Special Administrative Region of China was encouraging, asking for examples of how the Covenant had been applied and the outcomes of the cases. Of the 32 cases mentioned in the replies, how many violations of the Covenant were found to have occurred? The Expert gave examples of cases where the Covenant was misinterpreted, including commentary on past events, asking how information on the Covenant was disseminated within society? How were training programmes organised? How were they conducted and by whom? What feedback had been received? Was the interpretation given by the Standing Committee subject to judicial review?
Another Committee Expert said that while corruption was recognised as one of the main challenges for human rights, the Paris Principles envisaged a system which was much broader than the issue of corruption. Could the delegation explain whether any plans were underway to establish an independent human rights institution fully compliant with human rights principles? Would the Commission of Corruption’s mandate be further extended? How many enquiries were initiated by the Commission, and what were the outcomes of these? When would the Commission’s annual report of activities be released? Could the delegation inform about the Working Group created in 2016 and its activities to follow up on the implementation of the Covenant?
A Committee Expert noted that Macao Special Administrative Region of China had been making considerable efforts to improve gender equality, however, inequality still existed due to cultural practices. What was the Government doing to combat this? Could updated information on the number of female deputies be provided? What measures had the Government taken to improve the gender balance in the Assembly? The Committee had received allegations stating that migrant workers and lesbian, gay, bisexual and transgender persons experienced discrimination. Why was it difficult to adopt a comprehensive anti-discrimination law? What obstacles did the Government face in this regard? What was being done to guarantee the rights of transgender people? What was the number of perpetrators of same sex domestic violence cases perpetrated and investigated under the Criminal Code? What measures was the Government taking to promote the social inclusion of lesbian, gay, bisexual and transgender persons and raise awareness of their rights?
One Committee Expert said that the list of possible classifications of conduct involving the exercise of physical or psychological violence against women was a concern. Could the delegation inform the Committee whether legislation contained a gender aggravating circumstance, which would be based on the greater criminal reproach towards the perpetrator committing the acts because he felt superior to the woman? The Committee was concerned that few complaints of harassment of women in the workplace were registered. Could the delegation offer any explanation to this? The Committee was aware that in 2015, the police of Macao Special Administrative Region of China handed over to mainland China a former Chinese official accused of corruption who had a Macao residence permit. What were the circumstances of this case? Was there any prospect of an extradition agreement?
The Expert said that the Committee welcomed the fact that in 2019 the Government of Macao Special Administrative Region of China had improved the functioning of the Commission for Disciplinary Control of the Security Forces and Services, increasing its staff and expanding its functions. Was there any kind of judicial review of the Commission’s performance? How many cases had been initiated, and how many had been prosecuted? To prevent people from being detained indefinitely in a psychiatric centre, had Macao Special Administrative Region of China considered the possibility of establishing a judicial review of their situation to be carried out periodically?
Responses by the Delegation
The delegation said that the Macao Special Administrative Region of China paid high attention to the training of judges and law enforcement personnel. Sixteen lectures and workshops with more than 500 participants had been organised. The specific rights contained in the Covenant were implemented within local laws. If citizens found their rights violated, they could invoke local laws for redress.
The Basic Law of Macao Special Administrative Region of China and of Hong Kong Special Administrative Region of China were similar regarding the power of interpretation. Before adopting the Basic Law, the Committee had consulted on the interpretation power, and a rational comprise had been reached, guaranteeing the continuity of the constitution of power. The power of interpretation was vested in the Standing Committee; however, those provisions were interpreted by the Macao Special Administrative Region of China. Since 2002, the Standing Committee had carried out just one interpretation regarding the decision of the courts in Macao Special Administrative Region of China. However, the interpretation by the Supreme Agency would not influence the independence of the courts in Macao Special Administrative Region of China.
The current Government had already implemented the requirements of the Paris Principles concerning a national human rights institution and the current system in the Macao Special Administrative Region of China met these requirements. The Commission against Corruption was autonomous, operated independently, and enjoyed authority in terms of its finances and resources. The Commission had an extensive responsibility, also handling administrative complaints. In these instances, its purpose was to protect the rights, freedoms and just interests of people. It also needed to ensure the effectiveness of the public administration. It had full legislative means and the right to conduct independent investigations into cases of corruption, without needing to inform any government agency. This highlighted that the Commission against Corruption was honouring the responsibilities and duties provided by the Paris Principals.
If protesters used public places for their assemblies, the organisers must apply for permission. Since a decision had been made by the law, no suspects had been handed over to mainland China. From 2011 to 2022, there had been no reports of prisoners being tortured or maltreated. Regarding prisoners with psychological diseases, several measures had been adopted. These included preventing these people from harming themselves and monitoring whether they suffered. Judges and prosecutors inspected the prisons each month and learned more about appeals and complaints by the prisoners.
Questions by Committee Experts
A Committee Expert said what was lacking in Macao Special Administrative Region of China was one national human rights institution with a comprehensive mandate to substantively deal with all issues covered in the Covenant. Were there plans underway to establish an institution with a comprehensive substantive mandate in human rights, and to engage in awareness raising activities? The Expert repeated the question on how many enquires by the Commission against Corruption had been conducted, and the outcome of the enquiries? What were the instances where human rights had been found to be violated? What concrete activities did the Working Group undertake to follow up on the implementation of recommendations by the Committee?
Another Committee Expert said the delegation did not provide any substantial replies to his questions. Information had been received that the society of Macao Special Administrative Region of China was conservative in terms of sexual orientation and gender equality. The Expert repeated his previous question, asking for concrete measures the Government had taken to promote lesbian, gay, bisexual and transgender persons and raise awareness of their rights?
