26
Macao: Strengthening Human Rights Safeguards
Until such time as the PRC cancels its reservation and makes the declaration as recommended above, Amnesty International further recommends that the Draft Basic Law be amended to state specifically that people in Macao have the right to make individual complaints to the Committee against Torture.
Amnesty International also recommends that Article 28 of the Draft Basic Law be amended to conform to the language of international instruments such as the ICCPR and the Convention against Torture, which prohibit not only inhuman treatment but also cruel, inhuman or degrading treatment as well as punishment.
Amnesty International also recommends that Article 138 of the Draft Basic Law. be amended to ensure that the Convention against Torture continues to apply to Macao without the precondition of a decision to that effect by the Central People's Government.
Concerning the Protection of the Right to Life and the Prohibition of the Death Penalty:
Amnesty International recommends that the Draft Basic Law be revised specifically to protect the right to life by reaffirming the present prohibition on the use of the death penalty with regard to offences committed in Macao. The Draft Basic Law would also be considerably strengthened by the inclusion of language from the Second Optional Protocol to the ICCPR which states, "No one within the jurisdiction of a State Party to the present Protocol shall be executed."
Amnesty International recommends further that the procedural safeguards detailed in Articles 6 and 14 of the ICCPR be incorporated into the Draft Basic Law.
Concerning the Independence of the Judiciary:
Amnesty International recommends that provisions reinforcing the independence of the judiciary be incorporated in the Draft Basic Law, in particular, a provision making the terms of office and conditions of service of judges subject to legislation and a provision granting guaranteed tenure to judges until a mandatory retirement age or the expiry of their term of office.
Concerning Guarantees for Fair Trial:
Amnesty International recommends that the safeguards of the right to a fair trial in the Draft Basic Law be strengthened by incorporating all the guarantees recognized in Articles 9, 10, 14 and 15 of the ICCPR, and that the Draft Basic Law clearly state that the fair trial provisions of the ICCPR shall form a part of the law of the Macao SAR.
Al Index: ASA 27/01/91
Amnesty International November 1991
•