Macau Research Group

Electoral Rights and Democracy

Mon, 01 Jan 0001 00:00:00 +0000

Disqualification of Election Candidates

In July 2021, the Legislative Assembly Electoral Affairs Commission (CAEAL) disqualified 21 candidates from the Legislative Assembly Election. The candidates were deemed “not loyal to the Macau Special Administrative Region” and “not upholding the Basic Law” under article 6(8) of the Electoral Regime of the Legislative Assembly (Law no. 3/2001, as amended by Law no. 9/2016). The Liaison Office of the Chinese Central Government in Macau publicly expressed its support for the disqualifications.

Submission to the Human Rights Committee (2022)

Mon, 01 Jan 0001 00:00:00 +0000

This report was submitted by the Macau Research Group to the UN Human Rights Committee (HRC) for its review of the implementation of the International Covenant on Civil and Political Rights (ICCPR) in Macau, China at the HRC’s 135th Session in May 2022.

The submission covered a wide range of civil and political rights issues including: the disqualification of election candidates, denial of the right to assembly for migrant workers, interference with press freedom, planned revisions to the national security law, mass surveillance, restrictions on freedom of expression, and discrimination against LGBT+ persons.

Freedom of Assembly and Protest

Mon, 01 Jan 0001 00:00:00 +0000

Denial of the Right to Assembly for Migrant Workers

In February 2021, the Public Security Police Force (CPSP) refused to accept a prior notice of assembly submitted by Burmese migrant workers who wished to organise a protest against the military coup in Myanmar.

The CPSP stated that article 1(1) of the Right of Assembly and Demonstration law (Law no. 2/93/M) accords the right to peaceful assembly to Macau residents only, and that migrant workers, classified as “non-residents”, do not enjoy this right. Legal scholars criticised this narrow interpretation, noting that article 43 of the Basic Law extends certain rights to all persons who lawfully stay in Macau and that the right to assembly is a fundamental right protected by the ICCPR.

Submission to the CESCR (2023)

Mon, 01 Jan 0001 00:00:00 +0000

This report was submitted by the Macau Research Group to the UN Committee on Economic, Social and Cultural Rights (CESCR) for its review of the implementation of the International Covenant on Economic, Social and Cultural Rights (ICESCR) in Macau, China at the CESCR’s 73rd Session in January 2023.

The submission focused on the proposed excessive regulation of trade unions, the vulnerability of migrant workers to exploitation, and the health and rights of LGBT+ persons in Macau.

Freedom of Expression and Press Freedom

Mon, 01 Jan 0001 00:00:00 +0000

Editorial Interference at the Public Broadcaster

In March 2021, fourteen Portuguese and English-speaking journalists resigned from Macau’s public broadcaster, Teledifusão de Macau (TDM). The resignations followed the imposition of editorial guidelines by TDM’s Executive Committee requiring journalists to “promote patriotism” and to “not disseminate information or opinions contrary to the policies of China and Macau SAR”. Journalists who did not comply with the guidelines were warned of dismissal.

Reporters Without Borders (RSF) condemned the editorial interference, with RSF’s Southeast Asia director expressing concern that Macau’s public broadcaster would become a “propaganda organ” of the state.

National Security and Rule of Law

Mon, 01 Jan 0001 00:00:00 +0000

Planned Revision of the National Security Law

There is significant concern that Macau’s national security law will be aligned with those of mainland China and Hong Kong. The Chief Executive announced a plan to revise Law no. 2/2009 (Law on Safeguarding State Security) in his 2022 policy address, and the Secretary for Security subsequently indicated an intention to introduce special criminal procedures similar to those in Hong Kong’s national security law.

Privacy and Surveillance

Mon, 01 Jan 0001 00:00:00 +0000

Mass Surveillance — “Sky Eye” and Facial Recognition

The combination of the public CCTV system “Sky Eye” and facial recognition technology has given the police the capability to locate individuals automatically. The Unitary Police Service (SPU) has stated that the use of facial recognition technology in conjunction with the “Sky Eye” system has produced “satisfactory results”, despite the authorities’ claim that the two systems are separate.

Automated facial recognition should not be regarded as a mere replacement for manual review of CCTV footage. The scalability of automated recognition makes its use far more intrusive than manual review. Furthermore, in the context of data mining technology, automated surveillance enables comprehensive tracking of individuals’ movements and associations.

Workers' Rights and Migrant Workers

Mon, 01 Jan 0001 00:00:00 +0000

Excessive Regulation of Trade Unions

In December 2022, the Executive Council of Macau SAR presented a draft Trade Union Law to the Legislative Assembly. While the Basic Law of Macau confers the right to form and join trade unions, the proposed legislation falls short of international standards and demonstrates a tendency towards excessive regulation. Critically, the draft law contains no references to the right to strike or the right to collective bargaining.

LGBT+ Equality and Recognition

Mon, 01 Jan 0001 00:00:00 +0000

Inadequate Anti-discrimination Legislation

Macau’s anti-discrimination legislation falls far short of international standards in protecting LGBT+ persons. Legal protection against discrimination on the ground of sexual orientation exists only in two narrow areas:

Treatment of job seekers and employees by employers, under Article 6 of the Labour Relations Law (Law no. 7/2008); and
Treatment of persons by officers of the Commission against Corruption, under Article 31-A of Law no. 10/2000 (as amended by Law no. 4/2012).

There is no protection against discrimination on the grounds of gender identity in any Macau law.

Domestic Violence

Mon, 01 Jan 0001 00:00:00 +0000

Reclassification of Domestic Violence Cases

The domestic violence law suffers from a significant loophole. The expression “physical, psychological or sexual abuse” in Article 4 of the law is vague, and judicial officers frequently apply a higher threshold for the gravity of bodily harm than that required for simple assault. As a result, domestic violence cases are often reclassified as simple assault under Article 137 of the Macau Penal Code.

This reclassification has serious consequences for victims:

About

Mon, 01 Jan 0001 00:00:00 +0000

About the Macau Research Group

The Macau Research Group (MRG) is comprised of international researchers with backgrounds in social, political and legal studies who share an interest in Macau. MRG researches Macau and China’s obligations under international treaties, with a focus on human rights. The group monitors and reports on the human rights situation in Macau, a Special Administrative Region of the People’s Republic of China.

Our Work

MRG engages with UN treaty bodies and international organisations on the protection of rights in Macau. Our work includes submitting reports, delivering oral interventions, and contributing to the periodic review processes conducted by UN treaty bodies.