TNAG-2497-FCO40-3633-Relations-between-Hong-Kong-and-Macao-(Macau)-1992 — Page 57

Macao: Strengthening Human Rights Safeguards

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Concerning Guarantees for the Exercise of Fundamental Rights: Amnesty International recommends that the provisions of the Draft Basic Law which cover the exercise of human rights be amended in conformity with the relevant provisions of the ICCPR. In particular Articles 26, 27, 34 and 42 of the Draft Basic Law should be made consistent respectively with Articles 18, 19, 25 and 27 of the ICCPR. The sweeping limitations and ill-defined terms contained in Article 23 of the Draft Basic Law should be amended to ensure that this article does not violate Articles 19, 21 and 22 of the ICCPR.

Concerning the Basic Law's Limitations Clause:

Amnesty International recommends that Article 43 of the Draft Basic Law be amended to incorporate the relevant provisions of Article 4 of the ICCPR in order to guarantee that the right to life, the right to be protected from torture and ill-treatment, the non- retroactivity of laws and the right to freedom of thought, conscience and religion may never be curtailed in any circumstances whatsoever.

Concerning States of Emergency:

Amnesty International recommends that Article 18 of the Draft Basic Law be revised to make clear that any legislation applied in the Macao SAR during a state of emergency must be consistent with the provisions of the ICCPR.

Amnesty International November 1991

Al Index: ASA 27/01/91