Freedom in the World 1998 - Macao

1998 Scores

Status: Partly Free
Freedom Rating: 5.0
Civil Liberties: 4
Political Rights: 6

Overview

Since the first Portuguese traders settled here in 1557, Macao, located at the mouth of the Canton River, has been an entrepot for trade with China and more recently has become a gambling Mecca. Since 1974, Portugal and China have officially considered Macao a "Chinese territory under Portuguese administration." The 1976 Organic Statute, or local constitution, vests executive power in a governor appointed by Lisbon, and grants legislative power to both the Portuguese government (acting through the governor) and Macao's legislative assembly. The assembly has eight directly-elected members, eight members named by businesses and other interest groups, and seven appointed by the governor, all for a four-year term.

The 1987 Sino-Portuguese Joint Declaration calls for China to assume sovereignty over Macao on December 20, 1999, with the enclave maintaining its legal system and capitalist economy for 50 years. More recently, Beijing has agreed that the legislature elected in 1996 will serve through the handover. The current governor, General Vasco Rocha Viera, took office in 1991. In 1993, China finalized the Basic Law, Macau's post-1999 constitution.

Featured prominently in the last election before the handover, which 12 groups contested in September 1996, were a depressed property market, the need to secure a regional role for an economy dominated by gambling, real estate, and tourism, and other economic concerns. Pro-Chinese businessmen defeated leftist union and neighborhood association candidates to win seven directly elected seats, with democratic activist Ng Kuok-cheong winning the eighth.

In April 1998, China's National People's Congress approved the 100 members of the Preparatory Committee, which is charged with establishing rules for the election of Macau's post-handover chief executive and legislative council. Organized crime violence continued to rock the territory. In early May, police arrested several allegedly senior members of one of Macao's most powerful triad gangs, the 14-K, including reputed leader Wan "Broken Tooth" Kuok-koi. By then, gang related violence had already killed eight people since the beginning of the year. In September, Beijing announced it would station troops in Macau after the handover in response to security problems, even though the Basic Law stipulates that the local government should be in charge of law and order.

There are continuing concerns that mechanisms to safeguard Macau's autonomy after the handover are inadequate. The "localization" of the 17,000-member civil service, which involves replacing Portuguese expatriates and Macanese (people of mixed Chinese and Portuguese descent) with ethnic Chinese has proceeded slowly. Moreover, the status of the Macanese, who also play a leading economic role, remains uncertain; most hold Portuguese passports, but Chinese law forbids dual nationality. An exodus of experienced Macanese and expatriate judges and civil servants is expected. Progress has also been slow in adapting and translating Portuguese-language court procedures and statutes.

Political Rights and Civil Liberties

Citizens of Macau lack the democratic means to change their government and had no voice in the 1987 Joint Declaration's ceding control to China in 1999. The governor is appointed by Portugal, and only one-third of the legislature is directly elected. Due to the dearth of legal and political experience among MPs, and Portugal's practice of deferring to China on key policy decisions, the legislature holds little power. The governor initiates most laws, which the legislature rarely contest. China maintains a dominant influence through its business interests and control of two key entities: the General Association of Workers and the General Association of Residences, a civic group.

The legal system is based on Portuguese Metropolitan Law, and citizens are extended the rights granted by the Portuguese constitution. The governor appoints judges and prosecutors for three-year terms. The United States State Department has noted that the Judiciary Council, which recommends lower court judges and prosecutors to the governor, has strong ties to the executive and China. Critics charge that judges and prosecutors might have to compromise their independence to win support from the Council for renewal of their terms. The right of ultimate appeal to Portugal is being phased out in favor of a new local Superior Court.

The government owns a controlling interest in the television and radio stations, although opposition views are generally aired. The press is private. As the handover approaches, self-censorship regarding China and the territory's future is increasing. Most newspapers are, in any case, pro-Chinese, including Beijing's Macao Daily; alternative views receive limited coverage.

Women increasingly hold administrative posts but are underrepresented in politics. The United Nations has raised concern over the trafficking of women from China, often by criminal gangs, into Macao for prostitution.

Nearly all private sector workers belong to the pro-Beijing General Association of Workers, a confederation which is more a political organization than a labor advocate. A few private sector unions are independent of Beijing, as are two of the four public sector unions. Legislation protecting striking workers from dismissal is inadequate. Foreign workers often work for less than half the wages of Macao citizens, live in controlled dormitories, and owe substantial money to proxies for the purchase of their jobs.