Macao: Strengthening Human Rights Safeguards
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politically active individuals, the leaders of minorities, and others who might become prisoners of conscience.
Article 25 of the Draft Basic Law contains a significant protection for human rights in stating, "All Macao residents shall be equal before the law and shall be free from discrimination, irrespective of their nationality, descent, sex, race, language, religion, political or ideological belief, educational level, economic status or social conditions". Article 26 guarantees the right to vote and to stand for election for all permanent residents of Macao over the age of 21. Article 27 provides for "freedom of speech, of the press and of publication; freedom of association, of assembly, of procession and of demonstration; and the right and freedom to form and join trade unions and to strike". Article 32 states that, "The freedom and privacy of communication of Macao residents shall be protected by law. No department or individual may, on any grounds, infringe upon the residents' freedom and privacy of communication except that the relevant authorities may inspect communication in accordance with the provisions of the law to meet the needs of public security or of investigation of criminal offences". Article 34 states that "Macao residents shall have freedom of conscience. Macao residents shall have freedom of religious belief and freedom to preach and to conduct and participate in religious activities in public".
Despite those important protections, there are several provisions in the Draft Basic Law which give cause for concern. For example, while Article 27 protects freedom of speech, press and publication, it does not provide as much protection for individual rights as does Article 19 of the ICCPR. The latter states, "Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers..."
As mentioned above, Article 34 of the Draft Basic Law provides for "freedom of conscience ... freedom of religious belief and the freedom to preach and to conduct and participate in religious activities in public." Article 18 of the ICCPR provides more ample protection by defining "the right to freedom of thought, conscience and religion. This right shall include freedom to have or adopt a religion or belief of his choice, and freedom individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching". Hence, Article 18 of the ICCPR establishes a more explicit human rights foundation for individual religious believers, teachers, and others who manifest their religious beliefs and covers a broader range of activities.
Article 26 of the Draft Basic Law provides another illustration of the contrast between the protections provided under the Draft Basic Law and those rights provided by the Covenant. Article 26 of the Draft Basic Law guarantees the right to vote and to
Amnesty International November 1991
Al Index: ASA 27/01/91