4.
Macao: Strengthening Human Rights Safeguards
11
Human rights and the Draft Basic Law
There are several fundamental human rights guarantees which Amnesty International considers should be strengthened or which are not found in the Draft Basic Law. They include the prohibition of torture and other cruel, inhuman or degrading treatment or punishment; the right to freedom from arbitrary deprivation of life; the right to prompt and fair trials; the right to freedom of expression and association; and the right to be free from arbitrary arrest or detention.
4.1
Torture and other cruel, inhuman or degrading treatment or punishment
China and Portugal have both ratified the Convention against Torture. In ratifying this Convention the governments have pledged to "take all effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction" (Article 2). Every State Party to the Convention against Torture also pledges to "undertake to prevent in any territory under its jurisdiction other acts of cruel, inhuman or degrading treatment which do not amount to acts of torture ..." (Article 16).
China's and Portugal's ratification of the Convention against Torture differ in one crucial respect: whereas Portugal has declared under Article 22 of the Convention that it recognizes the competence of the Committee against Torture to consider individual complaints of violations of the Convention, China has made a reservation under Article 28 of the same Convention. As a result, it does not recognize the competence of the Committee against Torture to examine reliable information which appears to indicate that torture is being systematically practised and to undertake a confidential enquiry if warranted.
In these circumstances the residents of Macao will lose in 1999 the right they currently enjoy to make individual complaints to the Committee against Torture under Article 22 of the Convention and the benefit of the Committee against Torture being allowed to formally enquire into the implementation of the Convention in Macao.
To maintain the level of human rights protection currently available in Macao under the Convention against Torture, Amnesty International recommends that the PRC cancel the reservation it entered under Article 28 of the Convention and declare under Article 22 that it recognizes the competence of the Committee against Torture to consider individual complaints of violations of the Convention.
Until such time as the PRC cancels its reservation and makes the declaration as recommended above, Amnesty International further recommends that the Draft
Amnesty International November 1991
Al Index: ASA 27/01/91