Macau

Macau, a 13 square mile enclave on the south China coast, reverted from Portuguese to Chinese administration on December 20, 1999 (the handover). As a Special Administrative Region (SAR) of the People's Republic of China, Macau enjoys a high degree of autonomy except in defense and foreign affairs, and its citizens have basic freedoms and enjoy legally protected rights. The Sino-Portuguese Joint Declaration (1987) and the Basic Law (the SAR's mini-constitution promulgated by China's National People's Congress (NPC) in March 1993) specify that Macau is to continue to enjoy substantial autonomy and that its economy and way of life are to remain unchanged for the first 50 years under PRC sovereignty. The Government is led by a Chief Executive, chosen by a 200-member Selection Committee, which was chosen by the Preparatory Committee (60 Macau and 40 mainland representatives appointed by the NPC). In September, voters elected 10 of the legislature's 27 members in direct elections in geographical constituencies. The remaining 10 were elected by interest groups in functional constituencies, and 7 were appointed by the Chief Executive. There are limits on the types of private member bills that may be tabled. After the handover, most of the laws in force continued to apply. The judiciary is independent.

The police force is under civilian control. After peaking in 1999, serious organized crime-related violence appears to have been curbed, and police report a marked reduction in violent crime. A People's Liberation Army (PLA) garrison of 800 soldiers stationed in Macau under the Garrison Law (Macau SAR) plays no role in internal security. Some members of the security forces committed human rights abuses.

The market-based economy is fueled by textile and garment exports, along with tourism and gambling; the population is approximately 450,000. The economy grew 4.6 percent in 2000, but growth slowed this year with the global economic downturn. Most citizens still enjoy a comparatively high standard of living. Per capita gross domestic product (GDP) is approximately $14,600 (Macau Patacas 114,000).

The Government generally respects the human rights of its citizens; however, there were problems in some areas. These problems include occasional reports of police abuse; the limited ability of citizens to change their government; limits on the legislature's ability to initiate legislation; inadequate provision for persons with disabilities; a lack of legal protection for strikes and collective bargaining rights; and trafficking in women.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including Freedom From:

a. Arbitrary or Unlawful Deprivation of Life

There were no reports of arbitrary or unlawful deprivations of life committed by the Government or its agents.

Unlike in previous years, there were no suspicious deaths in custody.

b. Disappearance

There were no reports of politically motivated disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The law prohibits such practices, and the Government generally respects these provisions in practice; however, there were reports of police brutality during the year. The Procurator's Office still is investigating allegations that in December 2000 a police officer beat a 14-year-old boy who was distributing leaflets regarding the 1989 Tiananmen massacre before the celebration of the anniversary of the handover (see Section 2.a.). Also in December 2000, a police or immigration officer allegedly beat one foreign Falun Gong practitioner. An official investigation into the incident did not substantiate allegations of police brutality, and the practitioner did not appeal the decision (see Section 2.b.).

Prison conditions meet international standards, but in the last few years the prison population has doubled to 700, one-third of them mainlanders. Facilities and personnel have failed to keep pace. In March 2000, the Secretary for Security announced plans to hold talks with mainland authorities on a prisoner transfer agreement, but no agreement had been reached by year's end.

The Government permits prison visits by human rights monitors. Since the 1999 closure of its Macau office, Amnesty International's Hong Kong office handles prison visit cases. Amnesty International reported no cases of abuses in prison during the year. Special arrangements were made during the year to allow prisoners to vote in the Legislative Assembly elections (see Section 3).

d. Arbitrary Arrest, Detention, or Exile

The law prohibits arbitrary arrest, and detention, and the Government generally respects these provisions in practice. An examining judge, who conducts a pretrial inquiry in criminal cases, has a wide range of powers to collect evidence, order or dismiss indictments, and determine whether to release detained persons. Police must present persons remanded in custody to an examining judge within 48 hours of detention. The accused person's counsel may examine the evidence. The law provides that cases must come to trial within 6 months of an indictment. The average length of pretrial incarceration is 3 months.

In August 2000, the Legislative Assembly unanimously passed a Commission against Corruption Act, which increased the investigative powers of Macau's independent graft-fighting organization. The Act also provided for the establishment of a monitoring body, appointed by the Chief Executive, to review public complaints against the Commission. The Commission received 393 complaints in 1999, and 978 complaints in 2000. During the year, there were no complaints against the Commission.

e. Denial of Fair Public Trial

The law provides for an independent judiciary, and the Government generally respects this provision in practice. According to the Basic Law, the courts may have the power of final adjudication over all cases that are within the autonomy of the SAR. The courts also may rule on matters that are "the responsibility of the Central People's Government or concern the relationship between the central authorities and the (Special Administrative) Region," but before making their final (i.e., nonappealable) judgment, the court must seek an interpretation of the relevant provisions from the Standing Committee of the Chinese National People's Congress. When the Standing Committee makes an interpretation of the provisions concerned, the courts, in applying those provisions "shall follow the interpretation of the Standing Committee." The Standing Committee of the NPC must consult its Committee for the Basic Law of the Special Administrative Region before giving an interpretation of the law. This Committee is composed of 10 members, 5 from the SAR and 5 from the mainland. The Chief Executive, the President of the Legislative Assembly, and the President of the Court of Final Appeal nominate the SAR members. The need to translate laws and judgments from Portuguese and a severe shortage of local bilingual lawyers (of the 94 lawyers in private practice, approximately 10 can read and write Chinese) and magistrates may hamper development of the legal system. However, the Government has instituted a rigorous postgraduate training program for magistrates who received legal training outside of the SAR. The judiciary is relatively inexperienced (the first law school opened in the early 1990's), and the lack of locally trained lawyers is a serious impediment to preservation of an independent judiciary and the overall development of the legal system.

According to the Basic Law, the Chief Executive appoints judges at all levels, acting on the recommendation of an "independent commission" (which he appoints) composed of local judges, lawyers, and "eminent persons." The Basic Law stipulates that judges must be chosen on the basis of their professional qualifications. According to the law, judges may be removed only for criminal acts or an inability to discharge their functions. Except for the Chief Justice, who must be a Chinese citizen with no right of abode elsewhere, judges may be foreigners. Of the 23 judges, 4 are Portuguese.

There are four courts: the Primary Court (with general jurisdiction at first instance); the Administrative Court (with jurisdiction of first instance in administrative disputes); the Court of Second Instance; and the Court of Final Appeal.

The law provides for the right to a fair trial, and the judiciary generally enforces this right. Trials are open to the public. The Criminal Procedure Code provides for an accused person's right to be present during proceedings and to choose an attorney or request that one be provided at government expense. The 1997 Organized Crime Ordinance provides that "certain procedural acts may be held without publicity and that witness statements read in court are admissible as evidence." There also are additional restrictions on the granting of bail and suspended sentences in organized crime cases. A trial may be held in the judge's chambers on grounds that publicity could cause great harm to the dignity of the persons, to public morals, or to the normal development of the trial. Such a decision is to be revoked if those motives cease to exist. However, the verdict always is delivered in public.

The judiciary provides citizens with a fair and efficient judicial process, although the average waiting period between the filing of a civil case and its scheduled hearing is 12 months. Laws issued between 1976 and 1991 have been translated into Chinese. Since 1991 all legislation has been issued simultaneously in Chinese and Portuguese.

The Chief Procurator enjoys substantial autonomy from both the executive and the judiciary. The Basic Law stipulates that his functions must be carried out without any interference.

There were no reports of political prisoners.

f. Arbitrary Interference with Privacy, Family, Home, or Correspondence

The law prohibits such actions, and the Government generally respects these prohibitions in practice. Official intrusions into these spheres must be done in accordance with the law, which requires a judge's authorization or order. Any evidence obtained by means of wrongful interference in private life, home, correspondence, or telecommunications without the consent of the concerned person may not be used in court.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The law provides for freedom of speech and of the press, and the Government generally respects these rights in practice. Local law also protects citizens' right to petition the Government and the legislature. However, in a December 2000 speech given in the SAR, Chinese President Jiang Zemin warned residents of Macau not to use their freedoms to oppose the State, and admonished the press to remember its social responsibilities.

The Procurator's Office is investigating allegations that in 2000 a police officer beat a 14-year-old boy distributing leaflets on the 1989 Tiananmen Massacre in the period before the celebration of the anniversary of the handover (see Section 1.c.).

The print media include eight Chinese-language dailies, two Portuguese-language dailies, and seven weeklies. There are three television networks. Macau Radio broadcasts in both Portuguese and Chinese (Cantonese and Mandarin). Hong Kong and international newspapers are freely available. In October 2000, the Government initiated a 2-year plan to subsidize local print media to enable them to compete better with the increased availability of Hong Kong newspapers. The dominant newspapers have a pro-China orientation. Critics charge that they do not give equal attention to liberal and prodemocracy voices. The reversion to Chinese administration apparently has not, so far, affected press freedom. Government officials claim that the local press has grown more aggressive about demanding accountability from public officials since the handover.

According to Falun Gong practitioners, the group's materials, available for sale in two local stores before Falun Gong was banned on the mainland in October 1999, were removed from the shelves by store management. However, the Government has not taken action to limit their availability (see Section 2.c.). In November a scuffle broke out when three uniformed police officers tried to confiscate leaflets that the Falun Gong adherents were distributing opposite a prominent tourist site. The incident ended peacefully when a plainclothes police officer told the Falun Gong adherents to leave. No arrests were made (see Section 2.c.).

Article 23 of the Basic Law obliges the SAR to enact laws that "forbid any act of treason, secession, sedition, subversion against the Central People's Government, or theft of state secrets." Human rights groups are concerned that these and other provisions of Article 23 may restrict fundamental rights and freedoms. They are particularly concerned because the Penal Code does not specify sentences for such crimes, and a legal vacuum was created when a Portuguese law dealing with crimes against state security became null and void after the handover. The process of developing this legislation continues with no indication of when such laws may be enacted.

There are no government imposed limits on Internet access.

The Government respects academic freedom.

b. Freedom of Peaceful Assembly and Association

The law provides for freedom of assembly, and the Government generally respects this right in practice. Under local law, individuals and groups intending to hold peaceful meetings or demonstrations in public places are required to notify the president of the relevant municipal council in writing at least 3 days but no more than 2 weeks in advance of the event; however, no prior authorization is necessary for the event to take place. Local law also provides criminal penalties for government officials who unlawfully impede or attempt to impede the right of assembly and for counter-demonstrators who interfere in meetings or demonstrations. Local Falun Gong supporters generally are allowed to exercise and demonstrate without interference.

Falun Gong practitioners continue their daily exercises in public parks; however, police photographed practitioners and occasionally checked their identification documents. Some practitioners were taken to the police station and made to wait a few hours while police check their documents (see Section 2.c.). As in the past, the Government has observed that the law gives residents the right to assemble and demonstrate, but not nonresident foreigners (see Section 2.d.). Prodemocracy and Falun Gong activists state that they have traveled to Macau without interference at other times.

In May approximately 400 workers joined a protest march led by the prodemocracy Macau Workers' Union, which organized a group of workers to prevent scuffles and violence. The march ended peacefully (see Section 6.a.).

The law provides for freedom of association and the Government generally respects this right in practice. The law neither provides for nor prohibits establishment of political parties. Under the Societies Ordinance, however, persons can establish "political organizations," of which a few exist, including the prodemocracy New Democratic Macau Society, headed by a prodemocracy legislator. Both civic associations and candidates' committees may present candidates in the elections by direct or indirect suffrage (see Section 3). Article 23 of the Basic Law, however, obliges the Macau SAR to enact laws that "prohibit foreign political organizations or bodies of the region from establishing ties with domestic political organizations or bodies." The Government has not yet enacted any legislation on Article 23. One international human rights organization expressed concern that legislation on combating organized crime could be used to curb freedom of association. That, however, has not occurred.

c. Freedom of Religion

The Basic Law--the mini-constitution--provides for freedom of conscience, freedom of religious belief, and freedom to preach and to conduct and participate in religious activities. The Freedom of Religion Ordinance, which continued to apply after the handover, provides for freedom of religion, privacy of religious belief, freedom of religious assembly, freedom to hold religious processions, and freedom of religious education. The Macau SAR Government generally respects these rights in practice, although there was at least one exception. There is no state religion.

The Religious Freedom Ordinance requires the registration of religious organizations. This is handled by the Identification Services Office. There have been no reports of discrimination in the registration process.

Practitioners of Falun Gong (a spiritual movement that does not consider itself a religion) have not applied for registration because a local lawyer advised them that their application for registration would not be approved since the Falun Gong was banned in mainland China in October 1999. However, the Identification Services Office has not issued any instructions regarding the Falun Gong, and senior SAR Government officials have reaffirmed that practitioners of Falun Gong may continue their legal activities without government interference.

Falun Gong practitioners continued their daily exercises in public parks; however, they were subjected to periodic harassment by the police. Police photographed practitioners and occasionally checked their identification documents. On at least one occasion, the police took a practitioner to the police station to check his documents rather than conducting the check on site (see Section 2.b.).

In December 2000, during celebrations of the anniversary of the handover, the Government allowed local Falun Gong practitioners to demonstrate in a park about a mile from the official ceremonies (see Section 2.b.). However, the authorities detained and turned back prodemocracy activists and Falun Gong practitioners who tried to enter the SAR during the anniversary period.

Nonresident foreigners do not have the right to assemble and demonstrate. In 2000 a police or immigration officer allegedly beat one foreign practitioner. A government investigation into the incident rejected allegations of police brutality, and the practitioner did not appeal the results.

Religious bodies can apply to use electronic media to preach. The ordinance also stipulates that religious groups may maintain and develop relations with religious groups abroad and provides for freedom of religious education.

Missionaries are free to conduct missionary activities and are active in the enclave. More than 30,000 children are enrolled in Catholic schools, and a large number of influential non-Christians have had a Christian education.

According to Falun Gong practitioners, the group's materials, available for sale in two local stores before Falun Gong was banned on the mainland in July 1999, were removed from the shelves by store management. However, the Government has taken no action to limit their availability (see Section 2.a.).

The Catholic Church recognizes the Pope as the head of the Church. In April the Holy See appointed a coadjutor Bishop for the Macau diocese. Editorials in the local Catholic newspaper noted this as an example of the SAR's Government's independence and respect for religious freedom as provided for in the Basic Law.

d. Freedom of Movement, Foreign Travel, Emigration, and Repatriation

The law provides for these rights, and the Government generally respects them in practice. In April a female Falun Gong practitioner from Hong Kong was barred from entering Macau despite statements by the Chief Executive that there was no political blacklist of persons from Hong Kong. The police admit that they keep a list of unwelcome persons who have criminal records and persons whom they believe have criminal intentions. In December 2000, the Government detained and turned back prodemocracy activists and Falun Gong practitioners who tried to enter the SAR during the period observing the anniversary of the handover (see Section 2.c.). A Security Bureau spokesman stated that they were not admitted because it was suspected that they intended to carry out unlawful demonstrations, and that the law gives residents the right to assemble and demonstrate, but it does not give nonresidents that right (see Section 2.b.). Foreign Falun Gong and democracy activists have traveled to Macau at other times without incident.

The law provides for the granting of asylum and refugee status in accordance with the provisions of the 1951 U.N. Convention Relating to the Status of Refugees and its 1967 Protocol. The Government cooperated with the U.N. High Commissioner for Refugees in assisting refugees before the handover; however, since the handover, there have been no refugee cases. The law makes no provision for first asylum. There were no reports of refugees being forced to return to a country where they feared persecution.

The Government has assisted in the resettlement of Vietnamese who fled their country by boat. Only seven Vietnamese refugees remain in the SAR. No Vietnamese refugees were repatriated in 1997 or 1998, the last period for which statistics were available. The Macau SAR returns an average of 444 illegal Chinese migrants to China each month.

Section 3 Respect for Political Rights: The Right of Citizens to Change Their Government

Citizens' ability to change their government is significantly restricted. The Government is led by a Chief Executive, chosen by a 200-member Selection Committee, which was chosen by the Preparatory Committee (60 Macau and 40 mainland representatives appointed by the NPC of the People's Republic of China). The 27-member Legislative Assembly elected in September is composed of 10 members elected in direct elections; 10 indirectly elected by local community interests such as business, labor, professional, welfare, cultural, educational and sports associations; and 7 appointed by the Chief Executive. Prior to the September elections, the Legislative Assembly was composed of 8 members elected directly, 12 elected indirectly, and 7 that were appointed. Elections are held every 4 years and the number of legislators is to increase gradually in subsequent elections. In 2005 the number of directly elected seats is to be increased to 12 (with 8 elected indirectly and 7 appointed). After 2009 the rules on the Assembly's composition may be altered by a two-thirds majority of the total membership and with the approval of the Chief Executive, who has veto power. The Basic Law does not provide for universal suffrage, or for direct election of either the legislature or the Chief Executive. Special arrangements were made during the year to allow prisoners to vote (see Section 1.c.).

There are limits on the types of legislation that legislators may introduce. Article 75 of the Basic Law stipulates that legislators may not initiate legislation related to public expenditure, the SAR's political structure, or the operation of the Government. Bills relating to government policies must receive the written approval of the Chief Executive before they are submitted.

A 10-member Executive Council appointed by the Chief Executive (which is filled by five legislators and five policy secretaries) functions as an unofficial cabinet, approving all draft legislation before it is tabled in the Legislative Assembly. Local government representatives elected by direct, universal, secret ballot have responsibility for public sanitation and cultural activities.

The Legislative Assembly approved a bill in November that is to transform the SAR's two provisional municipal councils into a new public body in January 2002. Under the existing arrangement, a total of eight directly elected members sit on the two councils. The councils are responsible for culture, recreation and public sanitation functions. Under the new system, the councils are to be merged into a single public body, called the Institute for Civic and Municipal Affairs, with all of its members appointed by the Chief Executive. The Basic Law states that "municipal organizations are not organs of political power."

The percentage of women in government and politics does not correspond to their percentage of the population; however, they hold a number of senior positions throughout the Government. Five of the 27 Legislative Assembly members (3 directly elected, 1 indirectly elected, and 1 appointed), including the President of the Assembly, are women.

Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights

Domestic human rights groups in general operate without government restriction, investigating and publishing their findings on human rights. Local human rights groups, such as the Macau Association for the Rights of Laborers, and the New Democratic Macau Association, continued to operate. Amnesty International (Macau Section) ceased to exist after the December 1999 handover.

International human rights agreements that formerly were applicable to Macau were approved by the Sino-Portuguese Joint Liaison Group and continue to apply to the SAR. In addition the International Covenant on Civil and Political Rights is subsumed in the Basic Law. In August Macau submitted the first report ever presented on the application in Macau of the International Convention on the Elimination of all Forms of Racial Discrimination, which reaffirmed the Government's commitment to comply with the convention.

Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social Status

The Basic Law stipulates that residents shall be free from discrimination, irrespective of their nationality, descent, race, sex, language, religion, political persuasion, ideological belief, educational level, economic status, or social condition. In addition, many local laws carry specific prohibitions against discrimination. For example, under the law that establishes the general framework for the educational system, access to education is stipulated for all residents regardless of race, religious belief, or political or ideological convictions.

Women

Reported cases of domestic violence against women are not common. For cases that are reported, the Government enforces criminal statutes prohibiting domestic violence and prosecutes violators. However, police and court statistics do not distinguish between spousal abuse and other assault cases. If hospital treatment is required, a medical social worker counsels the victim and informs her about social welfare services. Until their complaints are resolved, victims of domestic violence may be provided public housing, but no facilities are reserved expressly for them.

There are private and religious groups that sponsor programs for victims of domestic violence. The Government supports and helps to fund these organizations and programs. The government-created Bureau for Family Action was created as a subordinate body of the Department of Family and Community of the Social Welfare Institute. Its aim is to support families with problems or at risk with the help of a team of specialized staff (social workers, psychologists, legal advisors, etc.). One of the most serious problems detected by this Bureau is domestic violence. The Bureau helps women who have been victims of domestic violence, providing not only a safe place for them and their children, but also advice regarding legal actions against the perpetrators. A special family counseling hot line receives an average of 13.5 calls per month. Two government-supported religious programs also offer rehabilitation programs for women who have been victims of violence.

The law on rape covers spousal rape. The number of reported rapes was 38 at year's end; there were 48 rapes reported in 2000.

Prostitution is legal, but procuring is not. Trafficking in women is a problem (see Section 6.f.).

There is no law specifically addressing sexual harassment, although there is a law prohibiting harassment in general.

Women are becoming more active and visible in business. The Government estimates that women account for 48 percent of the work force. Equal opportunity legislation that is applicable to all public and private organizations mandates that women receive equal pay for equal work, prohibits discrimination based on sex or physical ability, and establishes penalties for employers who violate these guidelines. However, there is wage discrimination in some sectors, notably construction. The equal opportunity legislation may be enforced by civil suits, but no cases alleging discrimination have been brought to court.

Children

The Government is committed to protecting the rights and welfare of children; however, it has not promulgated any statutes specifically to protect the rights of children, instead relying on the general framework of civil and political rights legislation to protect all citizens. For example, the Criminal Code provides for criminal punishment for sexual abuse of children and students, statutory rape, and procuring involving minors.

School attendance is not compulsory; however, the vast majority of residents' children attend school. Basic education is provided in government-run schools and subsidized private schools, and covers the preprimary year, primary education, and general secondary school education. The Education Department provides assistance to families of those children that cannot pay school fees. The children of illegal immigrants are excluded from the educational system (see Section 6.d.). The Government provides free medical care for all children. Child abuse and exploitation are not widespread problems, although the number of reported cases have increased. Only two cases were reported during the years 1998 and 1999. In 2000, 26 cases of child abuse, and 7 cases of spousal and child abuse were reported. Nineteen cases of child abuse and 2 cases of spousal and child abuse were reported during the year.

Persons with Disabilities

The extent to which physically disabled persons experience discrimination in employment, education, and provision of state services is not known fully. A government study published in October 1999 estimated that there were 4,354 persons with physical and/or mental disabilities in the SAR. The same study noted that "the belief still persists among the Chinese community that having a handicapped child is a form of punishment for past deeds, and this leads families to hide the handicapped child from society."

The Social Welfare Institute offers financial and rehabilitation assistance to persons with disabilities and is helping to fund an employment center. A few other special programs exist, aimed at helping the physically and mentally disabled gain better access to employment, education, and public facilities. Laws do not mandate building access for persons with disabilities. More than two-thirds of the funding for services for persons with disabilities comes from government subsidies. The Government almost totally subsidizes 5 group homes, 14 rehabilitation centers, and 7 other charitable institutions serving persons with disabilities. Ten schools have programs for persons with disabilities, providing special education programs for approximately 467 students.

National/Racial/Ethnic Minorities

Although no specific laws prohibit discrimination on the basis of racial or ethnic background, the rights of ethnic minorities, particularly the Macanese (Eurasians who comprise roughly 9 percent of the population) are respected. Although Portuguese officials no longer dominate the civil service, the governmental and legal systems place a premium on knowledge of the Portuguese language, which is spoken by less than 4 percent of the population. The Chinese language received official status in 1993, and the use of Chinese in the civil service is growing.

Section 6 Worker Rights

a. The Right of Association

The Government neither impedes the formation of trade unions nor discriminates against union members. The Basic Law stipulates that international labor conventions that applied to Macau before the handover shall remain in force and are to be implemented through the laws of the SAR, and the Government enforces these laws in practice. However, human rights groups are concerned that local law does not have explicit provisions against antiunion discrimination.

The interests of the PRC heavily influence local trade union activities, including the selection of union leadership. Unions tend to stress the importance of stability and minimum disruption of the work force. Nearly all of the private sector union members belong to the pro-China Federation of Trade Unions. Many local observers claim that this organization is more interested in furthering the Chinese political agenda than in addressing trade union issues such as wages, benefits, and working conditions. A few private sector unions and two of the four public sector unions are not under Chinese control. All classes of workers have the right to join a union.

Labor leaders complain that there is no effective protection in local law from retribution should they exercise their right to strike. The Government argues that labor law provisions that require an employer to have "justified cause" to dismiss an employee protect striking employees from retaliation, and the Government enforces these provisions in practice. There were no work stoppages or strikes during the year.

Unions may freely form federations and affiliate with international bodies. During the year, seven independent industrial (sector-wide) unions were registered. Three civil service unions--representing Portuguese, Macanese, and Chinese employees--are affiliated with the major non-Communist Portuguese union confederation, the Macau Sempre (Roots in Macau).

b. The Right to Organize and Bargain Collectively

The Government does not impede or discourage collective bargaining, but there is no specific statutory protection for this right, since Portuguese laws that protected collective bargaining no longer apply, and wages are determined by market forces. Unions tend to resemble local traditional neighborhood associations, promoting social and cultural activities rather than issues relating to the workplace. Moreover, local customs normally favor employment without the benefit of written labor contracts, except in the case of migrant labor from China and the Philippines. Chinese unions traditionally have not attempted to engage in collective bargaining.

Workers who believe that they have been dismissed unlawfully may bring a case to court or lodge a complaint with the Labor Department or the High Commissioner against Corruption and Administrative Illegality, who also functions as an ombudsman. There were no complaints regarding unlawful dismissal lodged with the Labor Department or the Commission Against Corruption during the year.

There are no export processing zones.

c. Prohibition of Forced or Compulsory Labor

The law prohibits forced or compulsory labor, and there were no reports that such practices occurred; however, there were cases of trafficking in women (see Section 6.f.).

The Government does not prohibit forced and bonded labor by children and there were no reports that such practices occur, although children are covered under laws prohibiting forced or bonded labor.

d. Status of Child Labor Practices and Minimum Age for Employment

The law prohibits minors under the age of 16 from working, although minors between the ages of 14 and 16 can be authorized to work on an "exceptional basis." Some children reportedly work in family-run businesses and on fishing vessels, usually during summer and winter vacations. Local laws do not establish specific regulations governing the number of hours these children can work, but ILO conventions are applied. The Labor Department enforces the law through periodic and targeted inspections and violators are prosecuted. The incidence of child labor is very low and has declined significantly since effective enforcement began in 1985. The Labor Department Inspectorate does not conduct inspections specifically aimed at enforcing child labor laws, but issues summonses when such violations are discovered in the course of other workplace inspections. No instances of child labor were reported during the year.

The Government has not ratified ILO Convention 182 on the worst forms of child labor.

The Government does not prohibit forced and bonded labor by children and there were no reports that such practices occur, although children are covered under laws prohibiting forced or bonded labor.

e. Acceptable Conditions of Work

Local labor laws establish the general principle of fair wages and mandate compliance with wage agreements, but there is no mandatory minimum wage. Average wages generally provide a decent standard of living for a worker and family. In the absence of any statutory minimum wage or publicly administered social security programs, some large companies provide private welfare and security packages.

Labor legislation provides for a 48-hour workweek, an 8-hour workday, paid overtime, annual leave, and medical and maternity care. Although the law provides for a 24-hour rest period for every 7 days of work, worker representatives report that workers frequently agree to work overtime to compensate for low wages. The Department of Labor provides assistance and legal advice to workers on request, but the Government's enforcement of labor laws is lax.

The Department of Labor enforces occupational safety and health regulations. Failure to correct infractions can lead to prosecution. In 2000 the Labor Department Inspectorate carried out 928 inspections and uncovered 26 violations carrying fines worth a total of $8,000 (MP 64,000). There were six work-related death cases in 2000, and four cases reported during the year. Although the law includes a requirement that employers provide a safe working environment, no explicit provisions protect employees' right to continued employment if they refuse to work under dangerous conditions.

Migrant workers, primarily from China, make up approximately 12 percent of the work force. These workers often work for less than half of the wages paid to a local resident performing the same job, live in controlled dormitories, work 10 to 12 hours per day, and owe large sums of money to the labor-importing company for the purchase of their jobs. The U.N. Human Rights Committee noted the lack of protective measures for working conditions, and the absence of social security programs for nonresident workers as problems of concern. Labor interests claim that the high percentage of foreign labor erodes the bargaining power of local residents to improve working conditions and increase wages. Citizen workers demonstrated against the importation of foreign laborers several times during the year.

In 2000 due to the economic downturn and rising unemployment, the government instituted a policy to reduce the amount of foreign labor in order to give job priority to local residents. In an incident in November, approximately 40 workers from mainland China were detained after a standoff with their employer over compensation and abrupt dismissal. Some of the workers were deported before a judicial decision could be made on their labor-related claims. In another case, after dozens of foreign workers suddenly were laid off by a garment manufacturer, they petitioned the Government over being paid a fraction of their wages. In response, the Government's Labor and Employment Affairs Bureau took action to mediate the pay dispute. The Government claimed that since the workers' contracts had expired, their removal was lawful. However, a Labor and Employment Affairs Bureau official told the press that the dismissal of the workers was "unreasonable" and that the workers' demands were fair.

f. Trafficking in Persons

The law prohibits trafficking in persons; however, trafficking in women for the purpose of prostitution continues to occur. The country is a transit point and destination for trafficking in illegal aliens and women for the purpose of prostitution, although there is no reliable information to define the number of persons involved. There have been credible reports that women from Vietnam are trafficked into Macau as mail-order brides, with the assistance of organizations purporting to be travel agencies, international labor organizations, or marriage mediating services. Women from Malaysia, who usually are ethnic Chinese, also reportedly have been trafficked into Macau; law enforcement authorities in Malaysia believe that the women are trafficked by Chinese criminal syndicates. In some cases, trafficking victims from Malaysia are lured by promises of well-paying jobs and then are forced to work as prostitutes. There have been no reported cases of trafficking of female residents of Macau to other countries (see Sections 5 and 6.c.).

There is no separate law on trafficking in persons. Trafficking in persons is a crime established and punished under Article 7 of the Law on Organized Crime. The penalty for the crime of trafficking in persons is imprisonment for 2 to 8 years. This penalty is increased by one-third (within minimum and maximum limits) if the victim is under the age of 18 years. If the victim is under 14 years old, the penalty is imprisonment for 5 to 15 years. In a case where the victim is raped by the trafficker, even though the rape and trafficking are connected, they are treated as two different crimes.

In 1999 2 Vietnamese women were prosecuted in Vietnam for trafficking 15 Vietnamese women to Macau for the purpose of prostitution. Also in 1999, the Korean press reported that a Korean man was arrested on charges of forcing 40 Korean women, recruited as waitresses, into prostitution in Macau.

There are no government assistance programs in place for victims of trafficking.