Macao: Strengthening Human Rights Safeguards
5.
Summary of Amnesty International's Recommendations
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Concerning the Current Applicability of Human Rights Instruments to Macao: Amnesty International recommends that the Macao authorities publish in the Macao Government Gazette the ICCPR and the other international human rights instruments to which Portugal is a party, in order to remove any ambiguity as to their current applicability to Macao.
Concerning the Incorporation of the ICCPR in the Domestic Law of Macao after 1999: Amnesty International recommends that the ICCPR be incorporated into Macao's domestic law by explicit reference to it in the Basic Law. The Draft Basic Law should be revised to reaffirm that the substantive and procedural commitments contained in the ICCPR relating to the human rights of people in Macao are a part of the law of the Macao SAR and will be implemented through all governmental entities of the Macao SAR including the courts.
Amnesty International also recommends that Article 40 of the Draft Basic Law be amended to include, specifically, the provisions of the ICCPR and all other international conventions concerning human rights currently applicable to Macao.
Concerning the Continuing Applicability of the Human Rights Instruments after 1999: Amnesty International recommends that the PRC (including the Macao Special Administrative Region) ratify the Covenants and comply with the reporting procedures provided by each Covenant. In this case, after 1999, each of the periodic reports which the PRC would submit to the Human Rights Committee would include a separate section about the Macao SAR presented by the Macao authorities.
Amnesty International also recommends that international human rights treaties be formally excepted from the scope of Article 138 of the Draft Basic Law: human rights treaties necessarily protect fundamental rights of all citizens without discrimination,
Amnesty International recommends that the Draft Basic Law be amended to state clearly how Macao will be bound by the Covenants, including the obligation to report to monitoring bodies.
Concerning Protection Under the Convention Against Torture:
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.
Amnesty International November 1991
Al Index: ASA 27/01/91