Macao: Strengthening Human Rights Safeguards
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could be prosecuted for exercising rights safeguarded under international human rights standards.
In particular, the enactment of laws to prohibit "subversion against the Central People's Government" could, on the basis of current practice in the PRC, be used to imprison political or religious advocates and members of ethnic minorities, as well as others who peacefully exercise their right to freedom of expression or association as guaranteed by the ICCPR. This concern is heightened by the fact that "subversion. against the Central People's Government" is not defined (Article 90) in the Draft Basic Law. The Criminal Law of the PRC includes a section on "counter-revolutionary crimes", which are defined as "all acts endangering the PRC committed with the goal of overthrowing the political power of the dictatorship of the proletariat and the socialist system."
Amnesty International knows of dozens of Chinese prisoners of conscience who have been sentenced to imprisonment in China under "counter-revolutionary" charges. Some of the offences in Articles 91-102 of the Criminal Law of the PRC may lead to death sentences and execution.
Furthermore, it is unclear whether the courts of the Macao SAR would have. jurisdiction to try such cases or whether they would be referred to the Supreme People's Court of the PRC. Article 17 of the Criminal Procedure Law of the PRC provides that the Supreme People's Court shall have jurisdiction at first instance over cases which are of national significance.
The second part of Article 23 of the Draft Basic Law which calls for a complete prohibition of both political activities by foreign groups in Macao and ties between Macao organizations and foreign political organizations expressly violates the guarantees for freedom of expression, assembly, and association found in Articles 19, 21 and 22 of the ICCPR and contradicts the guarantee of freedom of expression found in Article 32 of the Draft Basic Law. The vague terms of this provision, "political organizations", "political activities", and "establishing ties", would allow the legislature of the Macao SAR to restrict and criminalize the most basic of political activities.
The most effective way of guaranteeing the continued protection of the rights of Macao residents who might risk detention as prisoners of conscience, particularly under Article 23 of the Draft Basic Law, would be for the ICCPR to be incorporated into the law of the Macao Special Administrative Region.
Amnesty International recommends that the provisions of the Draft Basic Law which cover the exercise of human rights be amended in conformity with the
Amnesty International November 1991
Al Index: ASA 27/01/91