State Dept criticizes meddling with right to peaceful assembly

A scene from a planned protest in August banned by the police

The government of the Macau Special Administrative Region is interfering with press freedoms and the right to peaceful assembly, according to the latest human rights report by the U.S. Department of State.

The report, released annually by the U.S government department, said that while most basic freedoms were respected in Macau last year, at least one major incident had infringed on the right to peaceful assembly.

It was referring to a small demonstration planned for August that police authorities banned after deeming the political motifs used by organizers to be illegal.

Macau’s top court later ruled in favor of the police ban, in a controversial decision based on the fact that neither it, nor the police authorities, could find evidence of police brutality in the neighboring region. Many were alarmed by the judicial decision, with one high-profile activist saying that Macau’s Court of Final Appeal had set a precedent by “making official proclamations a prerequisite for the people’s exercise of freedom of assembly.”

Macau’s law requires prior notification, but not approval, of demonstrations.

The U.S. State Department report stressed that although “police may redirect demonstration marching routes, […] organizers have the right to challenge such decisions in court.”

“Critics alleged that authorities were making a concerted effort to use both intimidation and criminal proceedings against participants in peaceful demonstrations to discourage their involvement,” the report added.

The State Department noted that Macau law prohibits the arbitrary arrest and detention of individuals and provides the right for any person to challenge the lawfulness of his or her arrest or detention in court. It said that the local government generally observed these requirements in 2019.

With regards to freedom of expression and press freedoms, the State Department said the Macau government had “occasionally sought to restrict this right” in 2019.

For example, it said that the government had taken steps to “restrict unfavorable news coverage” of legislation approved in January that criminalized some actions that disrespect the Chinese national anthem. It also said that some media outlets practiced self-censorship, “in part because the government subsidized [them].”

Self-censorship was also to be found in the field of academia. Citing local media reports, it highlighted the instructions of the Education and Youth Affairs Bureau that teachers should not discuss their own political viewpoint regarding protests in Hong Kong inside the classroom. The Bureau’s director, Lou Pak Sang, later told mainland media that the education authority required that educators guide students to making a rational analysis of the Hong Kong situation, instead of using emotions to make judgments or decisions.

In a brief statement yesterday, the Macau government responded to the assessment by expressing its strong opposition to “claims that are baseless, a product of political bias and arrogant in tone.”

It said that the rights and freedoms of Macau people are protected under both the Chinese constitution and the Basic Law of the Macau Special Administrative Region. Accordingly, “foreign countries have no right to interfere in China’s domestic affairs and should not interfere in any form in the internal affairs of Macau.”