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Macao: Strengthening Human Rights Safeguards
China's ratification of the ICCPR, however, would not be a comprehensive guarantee of the continuation of all of the rights previously enjoyed by the people of Macao if the PRC failed also to ratify the two Optional Protocols to the ICCPR. Alternatively, the PRC might provide for the Macao SAR to become a party to the two Optional Protocols in its own right. In any case, whether or not China ratifies the ICCPR and the ICESCR, these and other human rights instruments applicable to Macao should remain in force after 1999 as an expression of the most fundamental international human rights guarantees.
Amnesty International recommends that the Macao Draft Basic Law should be amended to state clearly how Macao will be bound by the Covenants, including the obligation to report to monitoring bodies. One solution could be for the Macao SAR to be permitted by the Government of the PRC to become a party to the two International Covenants and the two Optional Protocols in its own right. The PRC has agreed in Annex 1 to the Joint Declaration to permit "Macao, China" to ratify other relevant international agreements, even if the PRC has not become a party to those agreements. This approach would permit the residents of Macao to enjoy the continued protection of their human rights provided by the two Covenants and their two Optional Protocols.
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The Joint Declaration states, "International agreements to which the People's Republic of China is not a party but which are implemented in Macao may remain implemented in the Macao Special Administrative Region. The Central People's Government shall, according to the circumstances and the needs, authorize or assist the Macao Special Administrative Region Government to make appropriate arrangements for the application to the Macao Special Administrative Region of other relevant international agreements. .
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Al Index: ASA 27/01/91
Amnesty International November 1991