The Macau SAR government has objected to aspects of a recently published report by the United Nations’ Human Rights Committee (UNHRC).
In the report’s National Human Rights Institution category, the UNHR expresses concern that China has no plans to establish a national human rights institution because that role is performed by the Commission against Corruption.
“The committee nevertheless remains concerned about the lack of a broad human rights mandate within the Commission and the lack of measures taken to strengthen its independence, including in relation to the appointment of the Commissioner by the Chief Executive,” the report read.
In response, the Office of the Secretary for Administration and Justice said that the SAR government believes that, as a human rights treaty body, it is appropriate for the committee to have a constructive dialogue with the party being examined, “avoid politicising the assessment and refrain from making biased and inaccurate conclusions on the basis of unsubstantiated reports or sources.”
According to the statement, pursuant to Article 143 of the Macau Basic Law, the power of interpretation of the Basic Law shall be vested in the Standing Committee of the National People’s Congress. As a national law adopted by the National People’s Congress, it is natural and justified for the Standing Committee of the National People’s Congress to interpret Macau’s Basic Law.
“The so-called ‘concerns’ raised by the Committee was due to the lack of understanding of the interpretation system of the Macau Basic Law,” the office added.
The UNHRC has urged Macau to establish an independent national human rights institution with a “comprehensive mandate and appropriate powers in full compliance with the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles).”
It has also called on Macau to develop and implement awareness-raising campaigns and activities to address stigma and discriminatory attitudes against minority and vulnerable groups, “particularly migrant workers and lesbian, gay, bisexual, transgender and intersex persons.”
The UNHR is concerned by reports that, despite the adoption of Law 16/2020 on Employment Agency Activities, recruitment agencies continue to charge migrant domestic workers excessive agency fees.
It further notes with concern that Law 5/2020 on the Minimum Wage for Workers does not apply to non-resident domestic workers, thereby limiting their protection against unduly low pay.
“In this respect, it regrets the lack of specific measure to protect migrant domestic workers, including in relation to their wages, any awareness-raising activities carried out among migrant workers and their employers about the prohibition of abuse and labour exploitation and updated statistics on the number of complaints filed by migrant workers regarding the lack of contract and labour disputes,” the committee added.
The local government office, led by Wong Sio Chak, has meanwhile stated that it takes the observations of the committee seriously, and will thus consider and follow up recommendations in the future.
“Macau SAR Government will, as always, continue to take various measures to protect human rights, strive to implement the relevant provisions of the Covenant in accordance with the Macao Basic Law and carry out the spirit advocated by the Covenant,” the office stated.
