Eric Sautedé
It is unsurprising that the proposal of a law reviewing the Electoral Law of the Legislative Assembly, put forward by the government in that very same Assembly and approved in first reading on August 9 by all legislators but four — the ones we can easily brand our own pan-democrats: Ng Kuok Cheong, Au Kam San, José Pereira Coutinho and Leong Veng Chai — is limited in scope and falls short of the ambition of our less than two-year-old government was supposed to entertain in all matters of governance. Should we be surprised?
Admittedly back in December 2014, serious doubts were raised regarding the capacity of the new secretary for Administration and Justice, Sonia Chan, to carry both a far-reaching reform of the administrative (aka political) system and a much-needed revamping of the judicial institutions — as demonstrated by recent outspoken complaints coming from traditionally soft-spoken quarters of society, with lawyers and legal advisers leading the charge, aptly testify to the sorry state of judicial affairs.
The main merits of Sonia Chan appear to be that she is untainted — with the indictment of the former Prosecutor General, this is proving precious — and is a keen supporter of the Chief Executive (CE). Her previous position at the Office for Personal Data Protection had allowed her to shine as the gravedigger of an inoffensive but embarrassing so-called “civic referendum” targeting Chui’s undisputed re-election in August 2014.
Nevertheless, even though she is only acting on behalf of the vision of the CE, she is supposed to prove herself, just like Alexis Tam and Raimundo do Rosário are trying to do. But then, healthcare, education, traffic management and lodging are top priorities, and the mandate given to her colleagues is loud and clear. On her side, we are in total denial: the system is sound and thus going beyond the reform of 2012 and the ridiculously muted “+2+2+100” formula is out of the question. Electoral democracy in Macao is a matter of technicalities: due processes for the registration of voters and candidates as well as financial aspects and length of the campaign are the only issues that matter. Representativeness: who cares? Quality of the debate: what’s the point? Actual and proven capacity of the ones who represent us all: to what end?
During the public consultation organized in May in the preparation proposal of the new law, and despite organizational biases favoring traditional and pro-government sectors of the society, persistent voices have stressed that these key (substantial) issues were heard: in a TDM report, a lady was quoted as saying “the issue of insufficient directly-elected lawmakers has always bothered most of us residents” and another resident wondered “aren’t elections all about [justness] and fairness?”, thus “very [reasonably]” asking for “more directly-elected lawmakers” and “[cutting] down on the number of appointed lawmakers”.
To be fair, and in comparison to Hong Kong, the number of elected lawmakers is not that inadequate. In Hong Kong, as of today, we have 3,779,085 registered voters, and 35 (out of 70) legislators are re-instated through universal suffrage. Overall, that’s one directly elected legislator for 108,000 voters. In Macao, as of December 2015, we have 285,999 registered voters, for a total of 14 directly elected seats (out of 33 in total), so in effect one directly elected deputy for 20,500 voters. So why is the system perceived as unfair?
Having ALL indirectly elected lawmakers (whereas they are the exceptions in Hong Kong) voted in unopposed does not build trust. Having no law regarding political parties, no properly designed constituencies, a flawed electoral system dispersing the votes and an unjustifiable number of CE-
appointed legislators do no help either. And then, introducing the review of the law a few months before the elections proper and dismissing any challenge to representativeness as one potentially threatening “stability” in Macao speak volumes about the lack of ambition of Chui: no wonder then that the conclusions of the public consultation reports state that for any matter pertaining to the designation of legislators, the decision power rests exclusively with the central government. Submission it is then…
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