Kapok | Collective Empowerment

Eric Sautedé

José Pereira Coutinho’s arguments are pretty straightforward: Macao needs a long overdue Trade Union Law for three sets of reasons. First, because this is enshrined in Article 27 of the Macao Basic Law—Macao citizens shall have “the right and freedom to form and join trade unions.” Second, because Macao is a signatory to several international conventions that make it mandatory to recognize such a right, namely the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights as well as the Convention concerning Freedom of Association and Protection of the Right to Organize (1948), one of the 36 conventions of the International Labor Organization (ILO) applicable to Macao. On several occasions, the ILO as well as the International Trade Union Confederation have exposed the many legal loopholes that translate into “insufficient protection” for all when it comes to joining a workers’ organization or having the right to collective bargaining in Macao. And third, because most of the countries in the area are equipped with such a law: not only Korea, Singapore or Taiwan, but even Hong Kong with the Trade Unions Ordinance or the People’s Republic of China that has had its Trade Union Law since 1992.
A trade union law provides a legal framework for unions to be organized, clarifies their process of formation and defines their responsibilities, and this in order to effectively protect the rights of the workers — a key to the protection of human dignity. It is also thanks to unions that employees engage with society at large and more importantly exercise their right to collective bargaining conducive to co-decided — meaning more harmonious — and improved work conditions.
As of now, only the Macao Federation of Trade Unions (FAOM), one of the three main so-called grassroots “traditional associations” along with the General Union of Neighborhood Associations (“Kaifong”) and the Women’s General Association, has an obvious claim to being a union, although it is somehow in competition with the “Kaifong” when it comes to representing the interests of the working class. However, over the years, and more so since the mid-2000s, its “representative” role has come into question — it has lost a directly elected seat in the 2013 legislative election — and it itself, despite its 56 affiliates and 80,000 members, does not actually operate as a “federation of unions” but rather as a collective of associations, with a somewhat exclusive right to recognition by the government and employers because of its “pro-
establishment” status.
Yet, the last time Mr Coutinho submitted a Trade Union Law proposal in April 2014 — for the fifth time! — it got defeated by 14 votes to 9, and among the supporters were the three representatives from the FAOM, the two representatives from the “Kaifong”, the two democrats and Mr Coutinho together with his partner Leong Veng Chai. Among the naysayers one finds all the government-appointed lawmakers — the whole seven of them — and mainly pro-business legislators — including Angela Leong. In fact, if we only consider directly-elected MPs — as suggested by almacau.net — the law would have been accepted by 7 vs. 3, and this in no small thanks to the abstention of Chan Meng Kam’s “group” as well as the rather populist Zheng Aiting.
There is no doubt that this absurd and backward deadlock played a significant role in encouraging some seven groups representing casino workers to meet at the Fisherman’s Wharf last week to collectively push for another go at a trade union bill championed by Mr Coutinho. Featuring prominently among these were Power of the Macau Gaming Association, formed in May 2014 by local gaming employees in managerial positions working for Sands and chaired by Stephen Lau Ka Weng, the convener of the meeting, and the Macau Gaming Industry Frontline Workers, headed by Ieong Man Teng, that became famous after it organized very visible marches around several casino properties last year, ultimately leading to salary hikes. In effect it was the first such gathering of different “independent” associations and a promise was made to meet on a quarterly basis. Clearly, the month of May in Macao has become one of collective empowerment!