Electoral Rights and Democracy

Disqualification of election candidates and the absence of universal suffrage in Macau

Information current as of: July 2022

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.

Among the 21 disqualified candidates, three were sitting members of the Legislative Assembly who had never been barred from standing in previous elections, including the 2017 election that took place after article 6(8) entered into force.

Surveillance of Candidates

The Judiciary Police (PJ) compiled surveillance records on the candidates without their knowledge. These records aggregated social media posts, press interviews and photographs taken at demonstrations. The materials also contained accusations that the candidates had not been loyal to the Macau SAR.

Upon review, the surveillance materials were found to contain false descriptions and conspiracy theories taken out of context. Specifically:

  • Participation in events mourning Nobel Peace laureate Liu Xiaobo and victims of the 1989 Tiananmen Square Incident was characterised as “organising or engaging in activities subverting the constitutional order”.
  • Meeting with Taiwanese politicians and attending pro-democracy conferences overseas was characterised as “supporting activities against the ‘One China’ principle” and “colluding with secessionists”.
  • Promoting a mock referendum on Macau’s political system was characterised as “viciously attacking the constitutional order”.

Court Rulings and Central Government Interference

Three candidate lists, representing 15 disqualified candidates, appealed to the Court of Final Appeal (TUI). In case no. 113/2021, the TUI upheld the disqualifications.

The Hong Kong and Macau Affairs Office (HKMAO) of the Chinese Central Government issued a statement supporting the court’s ruling, stating that the principle of “patriots administering Macau” underpins “One Country, Two Systems” and that “anti-China elements” must not be allowed to enter Macau’s governance structure.

Impact on the Election

The disqualifications deprived Macau residents of a free choice of candidates. The 2021 Legislative Assembly Election recorded an all-time-low voter turnout of 42.2% and an all-time-high percentage of blank votes (2.29%) since Portugal’s handover of Macau to China in 1999.

Universal Suffrage

Macau residents are currently unable to elect the Chief Executive, all members of the Legislative Assembly or all members of the Municipal Council by universal and equal suffrage. MRG has urged the authorities to allow Macau residents to elect their leaders through universal and equal suffrage, in accordance with the ICCPR.

Observations by UN Treaty Bodies

Human Rights Committee (July 2022)

The Committee expressed serious concern that in July 2021, the Electoral Affairs Committee disqualified 21 candidates from the Legislative Assembly election on grounds of being “not loyal to the Macau SAR” and of “not upholding the Basic Law”. It was particularly concerned that the authorities used overbroad and vague criteria to justify the disqualifications for activities such as commemorating Nobel Peace laureate Liu Xiaobo, the Tiananmen Square protests, and a mock referendum. It noted with concern that surveillance records compiled by police without the candidates’ knowledge were used in the disqualification process.

The Committee also reiterated its concern that Macau has not expressed an intention to institute universal suffrage and intends to maintain its reservation to Article 25(b) of the ICCPR.

The Committee urged Macau, China to:

  • Introduce universal and equal suffrage in conformity with the Covenant as a matter of priority, and outline a clear plan and timeline for the transition;
  • Review and revise candidate eligibility criteria under Law no. 3/2001 with a view to bringing the law into line with the Covenant; and
  • Refrain from using this law to suppress the expression of critical and dissenting political opinions.

(CCPR/C/CHN-MAC/CO/2, paras. 42–43)

Recommendations

MRG has recommended that the relevant UN treaty bodies urge Macau, China to:

  • Ensure that election candidates are not disqualified on the basis of their political opinions or their exercise of freedom of expression;
  • Repeal the second part of article 6(8) of the Electoral Regime of the Legislative Assembly (Law no. 3/2001, as amended by Law no. 9/2016); and
  • Allow Macau residents to elect the Chief Executive, all members of the Legislative Assembly and all members of the Municipal Council by universal and equal suffrage.