The United Nations Human Rights Committee (the Committee) issued concluding observations on the Macao SAR's implementation of the relevant provisions of the International Covenant on Civil and Political Rights (ICCPR) today (March 28, 2013). The Macao SAR Government will continue to implement all the measures that protect human rights as always, devote to the implementation of the relevant provisions of the Covenant and carry out the spirit advocated by the Covenant. The Macao SAR delegation attended the meetings of the United Nations Human Rights Committee on March 18 and 19 and provided detailed replies to the questions raised by the Committee concerning the situation of the Macao SAR's implementation of the Covenant. The Committee expressed in its concluding observations that it was satisfied to have conducted a constructive exchange with the Macao SAR Government delegation. The Committee gave the Macao SAR Government credit for the measures adopted for and the efforts put into safeguarding human rights, including the accession to multiple international conventions related to the protection of human rights, for instance, the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict and the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organised Crime, and the Convention on the Rights of Persons with Disabilities. The Committee also complimented the Macao SAR Government on laying down laws in major scopes such as the protection of refugees, the combat against trafficking in persons, the assistance of youth offenders in correction and social integration, and so forth, including the formulation of Law no. 1/2004, the Regime of Recognition and Loss of Refugee Status, Law no. 2/2007, the Educational Supervision Regime for Young Offenders and Law no. 6/2008, the Combat against the Crime of Trafficking in Persons. The Macao SAR Government appreciates and respects the Committee's suggestions but has differences in the points of view on certain issues with the Committee. The Macao SAR Government will gradually implement the suggestions, which are practical and feasible and which conform to the Basic Law, the local law and the actual situation of the society. As regards the mention of the interpretation of the Basic Law in the concluding observations, the Macao SAR Government emphasizes that the Basic Law is the national law formulated by the National People's Congress; pursuant to the Constitution of the People's Republic of China and the provision of the Basic Law of the Macao SAR, the power of interpretation of the Basic Law belongs to the Standing Committee of the National People's Congress. What shall be emphasized is that the exercise of the relevant authority does not have any impact upon the Macao SAR's judicial independence, law or high degree of autonomy. Since the establishment of the Macao SAR, the Court of Final Appeal has never sought an interpretation of the provisions of the Basic Law from the Standing Committee of the National People's Congress in light of Article 143. The Macao SAR Government does not agree with the Committee's suggestion on withdrawing the reservation to Article 25(b) of the Covenant. In fact, the Covenant does not prohibit reservations. Pursuant to the provision of the 1969 Vienna Convention on the Law of Treaties, if a treaty does not prohibit reservations, a State may formulate a reservation, provided that it does not contravene the object and the purpose of the treaty. When the Central Government of the People's Republic of China delivered a note to the depositary of the Covenant regarding the continuous application of the Covenant in the Macao SAR in 1999, four declarations which conformed to the rules of international law were made pursuant to the relevant provisions of the Basic Law and the legal status and actual situation of the Macao SAR. The election system of the Macao SAR shall be formulated in accordance with the Basic law and the Decision made by the Standing Committee of National People's Congress in 2012. The current election system accords to the actual situation of the Macao SAR without any contravention to the provisions of the Covenant which are applicable to the Macao SAR. As for the Committee's suggestion to the Macao SAR Government concerning the establishment of a brand new and independent human rights monitoring institution, the Macao SAR Government deems it unnecessary. Human rights are already fully protected by the independent judicial power enjoyed by the Macao SAR and by the current specific institutions, such as the Commission Against Corruption, the Office for Personal Data Protection, the relevant committees or organisations established in different areas, including the combat against trafficking in persons, police affairs, the rights and interests of women, and so forth as well as the Legal Aid Regime, which will enter into force on April 1. After the revision of the Organisational Law of the Commission Against Corruption in 2012, apart from maintaining its functions of the "Ombudsman", the competence of the Commission in relation to the promotion of the protection of human rights, freedoms, guarantees and legitimate interests has also been reinforced. As the head of the Macao SAR, the Chief Executive represents the Macao SAR, therefore the independence of the Commission Against Corruption will not be affected by the nomination of the Commissioner Against Corruption by the Chief Executive. The Macao SAR has a sound and independent judicial system. Should a resident hold that his/her fundamental rights are violated, he/she can directly invoke the provisions of the Covenant and institute legal proceedings in the courts. In case he/she is under financial distress, he/she may apply for legal aid so as to guarantee that he/she can obtain or uphold his/her lawful rights and interests via legal proceedings. In relation to the cases of refusal of entry of journalists mentioned by the Committee, the Macao SAR Government reiterates that journalists fully enjoy press freedom and interview freedom in Macao and are free to enter and leave Macao and interview locally, without the need to notify or register at any official department. The refusal of entry to Macao of the persons concerned had nothing to do with their identities as journalists but due to the fact that the security authority considered that the visitors, who were ready to enter Macao, might disturb the internal security of the Macao SAR, thus the authority could refuse their entry according to laws. Under the protection of the Basic Law and the Press Law, the media of the Macao SAR fully enjoys freedom of press, freedom of speech and autonomy in editing and interviewing. In fact, the media industry of the Macao SAR continues to thrive after the handover. The number of media units or the discussion of issues in the areas of politics, economy, society, people's livelihood and so forth of the Macao SAR are constantly increasing. As regards the Committee's recommendation that the Macao SAR Government should consider decriminalising defamation, the Macao SAR Government holds that the law should protect different rights. As the right to reputation is a major personal right, it is necessary to prevent the infringement of reputation through criminal law and punish the offender accordingly. Regarding the Committee's concern about the freedom of assembly, it should be pointed out that, Article 27 of the Basic law stipulates that Macao residents are entitled to the freedom of assembly, and the right to public assembly and that to demonstration are protected under Law no. 2/93/M. All Macao residents have the right to assemble under peaceful circumstances and in the absence of weapons, without the need for any pre-authorisation. In relation to the Committee's concern about the practice of employing non-resident workers in the absence of formal contracts, the Macao SAR Government reiterates that, pursuant to Article 23 of Law no. 21/2009, the Law for the Employment of Non-Resident Workers, the employment contracts with non-resident workers shall be concluded in writing.
