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26 October 1999
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HR/CT/99/41
26 October 1999
HUMAN RIGHTS COMMITTEE CONCLUDES CONSIDERATION OF PORTUGUESE REPORT ON MACAU'S CIVIL AND POLITICAL RIGHTS STATUS
The Human Rights Committee this morning concluded its consideration of the fourth periodic report from the Government of Portugal on the country's compliance with the International Civil and Political Rights concerning Macau. The Committee expressed concern that the rights guaranteed under the Covenant were not specifically dealt with in the basic law agreed upon by Portugal and the People's Republic of China.
In preliminary observations and recommendations to the report of Macau, which was presented by Portugal, Committee Chairperson Cecilia Medina Quiroga regretted that no clause was provided in the agreement reached by the two States regarding the Optional Protocol to the Covenant and the right to life.
In yesterday's meeting, the Portuguese delegation had announced that starting on 19 December 1999, the territory of Macau will handed over to China, which was responsible for the submission of the next report on Macau. Nevertheless, China was not a State party to the International Covenant of Civil and Political Rights.
Final written concluding observations and recommendations on the report of Portugal concerning the Special Administrative Region of Macau will be issued by the Committee towards the end of its three-week session, which concludes on 5 November. Earlier, a 10-member Portuguese delegation availed itself to respond to written and oral questions of members of the Committee.
Portugal, as one of 144 States parties to the International Covenant to Civil and Political Rights and administrator of Macau, must submit summaries to the Committee on the measures undertaken to implement the provisions of the treaty. Since the Macau will be handed over to the People's Republic of China, the present report of Portugal on Macau was the last one.
Also this morning the Committee continued its discussion of its draft general comment on article 3 of the Covenant on measures to undertake by States parties to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the Covenant.
When the Committee reconvenes at 3 p.m., it is expected to continue its discussion on draft general comment on article 3 of the Covenant before meeting in private session to examine draft conclusions on Norway.
Discussion of Mexican Report
The electoral system of Macau and the amendment made to it recently would continue as is, the delegation said. The amendment was made by the legislative body of Macau itself. Although no specific clause was made on the issue, it was expected that the Chinese authorities would allow the election system to continue.
Concerning public assembly, a 72 hour notice to the authorities was necessary to hold a demonstration. The notice was to allow the police to avoid any traffic congestion that could be created because of the street demonstration. There was no restriction against any public demonstration in Macau.
Freedom of religion was widely respected, and many different religions and sects were being practised in the region, the delegation said. Because of the traditionally tolerant society of Macau towards other religions and faiths, many were able to co-exist there. Prior authorization was not required to congregate, demonstrate and engage in religious worship.
The right to form or join a trade union was guaranteed by Macau in legislation, the delegation said. As a consequence, there were 200 trade unions, out of which only 50 were registered to participate in the electoral process, which would allow them to be represented in the legislative body.
Petitions were used in defending the rights of persons and the legal interests of members of the community, the delegation said. Petitions had been filed before the legislative body to address situations that may arisen because of the omission of certain provisions. Although petition was a political right, it could still be exercised by foreigners in defence of their legally protected rights and interests. In 1998, a total of 416 petitions were addressed to the Legislative Assembly by different segments of the society.
The term of pre-trial detention in Macau could be as long as three years, depending on the seriousness of the crime alleged against the individual, the delegation said. In the case of minor crimes, the pre-trial detention could be up to six months. In all cases, the investigating judge decided on the length of detention before the trial started.
The death penalty in Macau had been prohibited in 1982, and the Portuguese authorities were convinced that the same status would be maintained after the sovereignty was reverted to China, the delegation added. Nevertheless, there was no specific clause in the basic law signed between China and Portugal on the right to life.
Preliminary Observations and Recommendations
In preliminary observations and recommendations to the report of Portugal on Macau, Committee Chairperson Cecilia Medina Quiroga thanked the members of the Portuguese delegation for their qualitative replies provided during the two-day meetings. She said that the measures taken by Portugal were seen as a completion of the decolonization process.
Ms. Medina Quiroga said the Committee was concerned that the rights guaranteed under the International Covenant were not reflected in the basic law designed for the people of Macau. One of the Committee's most serious concerns was the omission in the agreement to mention the Optional Protocol to the International Covenant and the right to life. These two points remained outstanding in the agreement signed between Portugal and the People's Republic of China. She regretted that these two points were not mentioned in the official documents agreed upon by both States.
Ms. Medina Quiroga further said that the law on legal regime against organized crime was a source of concern for the Committee because of its possible violation of article 14 of the Covenant, which required the equality of persons before the courts and tribunals. The law implied "theoretical offenses", and that the Committee had a serious misgivings on that provision.
Furthermore, the Chairperson said that with regard to trafficking in women, measures should not be limited only to prosecuting offenders, but also to protect women. She recommended that the concluding observations and recommendations of the Committee should be disseminated to the people in Macau to enable them to better know their rights.
HR/CT/99/41
26 October 1999
HUMAN RIGHTS COMMITTEE CONCLUDES CONSIDERATION OF PORTUGUESE REPORT ON MACAU'S CIVIL AND POLITICAL RIGHTS STATUS
The Human Rights Committee this morning concluded its consideration of the fourth periodic report from the Government of Portugal on the country's compliance with the International Civil and Political Rights concerning Macau. The Committee expressed concern that the rights guaranteed under the Covenant were not specifically dealt with in the basic law agreed upon by Portugal and the People's Republic of China.
In preliminary observations and recommendations to the report of Macau, which was presented by Portugal, Committee Chairperson Cecilia Medina Quiroga regretted that no clause was provided in the agreement reached by the two States regarding the Optional Protocol to the Covenant and the right to life.
In yesterday's meeting, the Portuguese delegation had announced that starting on 19 December 1999, the territory of Macau will handed over to China, which was responsible for the submission of the next report on Macau. Nevertheless, China was not a State party to the International Covenant of Civil and Political Rights.
Final written concluding observations and recommendations on the report of Portugal concerning the Special Administrative Region of Macau will be issued by the Committee towards the end of its three-week session, which concludes on 5 November. Earlier, a 10-member Portuguese delegation availed itself to respond to written and oral questions of members of the Committee.
Portugal, as one of 144 States parties to the International Covenant to Civil and Political Rights and administrator of Macau, must submit summaries to the Committee on the measures undertaken to implement the provisions of the treaty. Since the Macau will be handed over to the People's Republic of China, the present report of Portugal on Macau was the last one.
Also this morning the Committee continued its discussion of its draft general comment on article 3 of the Covenant on measures to undertake by States parties to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the Covenant.
When the Committee reconvenes at 3 p.m., it is expected to continue its discussion on draft general comment on article 3 of the Covenant before meeting in private session to examine draft conclusions on Norway.
Discussion of Mexican Report
The electoral system of Macau and the amendment made to it recently would continue as is, the delegation said. The amendment was made by the legislative body of Macau itself. Although no specific clause was made on the issue, it was expected that the Chinese authorities would allow the election system to continue.
Concerning public assembly, a 72 hour notice to the authorities was necessary to hold a demonstration. The notice was to allow the police to avoid any traffic congestion that could be created because of the street demonstration. There was no restriction against any public demonstration in Macau.
Freedom of religion was widely respected, and many different religions and sects were being practised in the region, the delegation said. Because of the traditionally tolerant society of Macau towards other religions and faiths, many were able to co-exist there. Prior authorization was not required to congregate, demonstrate and engage in religious worship.
The right to form or join a trade union was guaranteed by Macau in legislation, the delegation said. As a consequence, there were 200 trade unions, out of which only 50 were registered to participate in the electoral process, which would allow them to be represented in the legislative body.
Petitions were used in defending the rights of persons and the legal interests of members of the community, the delegation said. Petitions had been filed before the legislative body to address situations that may arisen because of the omission of certain provisions. Although petition was a political right, it could still be exercised by foreigners in defence of their legally protected rights and interests. In 1998, a total of 416 petitions were addressed to the Legislative Assembly by different segments of the society.
The term of pre-trial detention in Macau could be as long as three years, depending on the seriousness of the crime alleged against the individual, the delegation said. In the case of minor crimes, the pre-trial detention could be up to six months. In all cases, the investigating judge decided on the length of detention before the trial started.
The death penalty in Macau had been prohibited in 1982, and the Portuguese authorities were convinced that the same status would be maintained after the sovereignty was reverted to China, the delegation added. Nevertheless, there was no specific clause in the basic law signed between China and Portugal on the right to life.
Preliminary Observations and Recommendations
In preliminary observations and recommendations to the report of Portugal on Macau, Committee Chairperson Cecilia Medina Quiroga thanked the members of the Portuguese delegation for their qualitative replies provided during the two-day meetings. She said that the measures taken by Portugal were seen as a completion of the decolonization process.
Ms. Medina Quiroga said the Committee was concerned that the rights guaranteed under the International Covenant were not reflected in the basic law designed for the people of Macau. One of the Committee's most serious concerns was the omission in the agreement to mention the Optional Protocol to the International Covenant and the right to life. These two points remained outstanding in the agreement signed between Portugal and the People's Republic of China. She regretted that these two points were not mentioned in the official documents agreed upon by both States.
Ms. Medina Quiroga further said that the law on legal regime against organized crime was a source of concern for the Committee because of its possible violation of article 14 of the Covenant, which required the equality of persons before the courts and tribunals. The law implied "theoretical offenses", and that the Committee had a serious misgivings on that provision.
Furthermore, the Chairperson said that with regard to trafficking in women, measures should not be limited only to prosecuting offenders, but also to protect women. She recommended that the concluding observations and recommendations of the Committee should be disseminated to the people in Macau to enable them to better know their rights.