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Relatórios Apresentados
por Portugal aos Órgãos de Controlo da Aplicação
dos Tratados das Nações Unidas em Matéria de
Direitos Humanos
Summary record of the 31st meeting
: Portugal Macau. 26/11/96. E/C.12/1996/SR.31. (Summary Record)
COMMITTEE ON ECONOMIC, SOCIAL AND
CULTURAL RIGHTS, Fifteenth session
SUMMARY RECORD OF THE 31st MEETING, Held at
the Palais des Nations, Geneva,
on Wednesday, 20 November 1996, at 10 a.m.
Chairperson: Mr. ALSTON
later: Mr. ALVAREZ VITA (Vice-Chairperson)
CONTENTS
ORGANIZATION OF WORK (continued)
CONSIDERATION OF REPORTS: (a) REPORTS SUBMITTED BY STATES PARTIES
IN ACCORDANCE WITH ARTICLES 16 AND 17 OF THE COVENANT, Second periodic
report of Portugal (Macau)
The meeting was called to order at 10.10
a.m.
ORGANIZATION OF WORK (continued)
1. The CHAIRPERSON informed the Committee that he had received a
communication from a coalition of non-governmental organizations
in the Philippines concerning recent forcible evictions carried
out in Manilla during preparations for the meeting of the Asia-Pacific
Cooperation Forum. No adequate alternative housing had been provided
for some 200,000 persons whose homes had been demolished. The contents
of the communication were confirmed by many press reports. A copy
of it would be circulated to members of the Committee and the matter
would be taken up at an appropriate time.
CONSIDERATION OF REPORTS:
(a) REPORTS SUBMITTED BY STATES PARTIES IN ACCORDANCE WITH ARTICLES
16 AND 17 OF THE COVENANT (agenda item 4)(continued)
Second periodic report of Portugal (Macau) (E/1990/6/Add.8; E/C.12/1995/LQ.10)
2. At the invitation of the Chairperson, Mr. Costa Oliveira, Ms.
Virginia Silva, Ms. Fezas Vital, Ms. Albina Silva, Mr. Loureiro,
Mr. Pereira Vidal, Mr. Aleixo, Dr. Silva, Mr. Batista Feio and Mr.
Calheïros da Gana (Portugal) took places at the Committee table.
3. The CHAIRPERSON expressed appreciation to Government of Portugal,
on behalf of the Committee for having sent such a large delegation
and invited the head of the delegation to provide a general introduction
to the report concerning Macau (E/1990/6/Add.8).
4. Mr. COSTA OLIVEIRA (Portugal), after introducing the other members
of the delegation, said that the operation of the International
Covenants on Human Rights had been extended to Macau in 1992. Until
then, there had been no real need to do so because the even wider
provisions included in the Portuguese Constitution had applied.
However, when in 1991 it had become clear that those provisions
would cease to have effect in Macau after it became a Special Administrative
Region of the People's Republic of China in 1999, the Government
of Portugal had started talks with the Government of China with
a view to obtaining for Macau similar arrangements to those that
would be in force for Hong Kong. An agreement had finally been reached,
and its terms had been notified to the Secretary-General of the
United Nations in 1993. Under that agreement, Portugal had undertaken
to extend the operation of both International Covenants to Macau,
and China had agreed to continue to apply them beyond 1999.
5. The report before the Committee had had to be produced in a very
short period and there had been little time to consult local organizations.
Subsequently, however, consultations had been held with about 200
organizations in Macau, which had provided some very relevant information
that was included in the writen replies to the Committee's list
of issues (E/C.12/1995/LQ.10).
6. A considerable effort had been made to expand the scope of the
economic, social and cultural rights enjoyed by Macau residents.
Macau had shared in the boom experienced by East Asia over the past
decade and had undergone substantial economic development. Up to
1990 the increased government revenues that had resulted had been
invested largely in new infrastructure, with the result that a new
airport, a new harbour and other basic facilities had been built.
Since then a major effort had been made to raise the economic, social
and cultural level of the population through the provision of free
basic education, pensions and other benefits. His delegation viewed
the current meeting of the Committee as an historic occasion and
would be more than willing to answer any questions put by members
and to welcome them to Macau.
7. Mr. GRISSA asked whether there were ethnic Chinese holding Portuguese
nationality and, if so, what nationality they would have after Macau
reverted to China.
8. Mr. RATTRAY thanked the Portuguese Government for sending such
a large delegation. He was, however, surprised that no person of
Chinese ethnicity was included, especially since ethnic Chinese
accounted for 95 per cent of Macau's population. He asked how the
provisions of the Covenant, particularly those relating to reporting,
would be implemented after Macau was absorbed by China in 1999,
and whether the precepts of the Covenant had been embodied in Macau
law.
9. Mr. ALVAREZ VITA said that he would also like to know how far
the provisions of the Covenant had been incorporated into Macau
law.
10. Mr. KOUZNETSOV said that it would be helpful if in their replies
the representatives of Portugal could bear in mind that in the case
of Macau, as in that of Hong Kong, the Committee was especially
interested to know what the position would be after the territory
reverted to China. In particular, it would like to be informed as
to what was meant by "Special Administrative Region",
what Macau's relationship with China would be, and whether Macau
would continue to have any relationship with Portugal.
11. Mr. COSTA OLIVEIRA (Portugal) replied that the nationality issue
was very complicated. Some 67.6 per cent of the population of Macau
had Chinese nationality, and some 28.5 per cent had Portuguese nationality.
Thus, the nationality figures did not reflect the Territory's ethnic
composition, since a significant number of the 95 per cent of the
population that were ethnic Chinese were Portuguese nationals because
they had been born in Macau before 1981, at a time when all persons
born in Macau had been considered to be Portuguese. A problem would
arise in 1999 because, whereas Portuguese law recognized dual nationality,
Chinese law did not. His Government had been holding talks with
the Government of China with a view to solving the problem of the
approximately 100,000 Macau residents who held Portuguese nationality,
whom Portugal would still consider to be Portuguese. So far China
had agreed to regard their passports as valid for travel purposes
only but for nothing else. Portugal was anxious that they should
be given the option of having either Portuguese or Chinese citizenship,
without being forced to become Chinese nationals. Fortunately, unlike
the situation in Hong Kong, there were not many stateless persons
in Macau.
12. Regarding Mr. Rattray's comment on the ethnic composition of
Portugal's delegation, his Government had tried to arrange for the
most qualified officials to come to the meeting. The written replies
to issues Nos. 6 and 7 on the list of issues showed that a sufficient
number of senior posts in Macau were occupied by ethnic Chinese.
In any event, the criterion used for employment was not citizenship
but residence, making an individual's ethnic background irrelevant.
13. The question as to how the Covenant, including its provisions
for reporting, would be implemented after 1999 was a very delicate
point. His Government had not extended the operation of the International
Covenants on Human Rights unilaterally but had initiated talks with
the Government of China to see whether it wanted to make any reservations
or restrictions. The only restrictions which China had wanted were
those notified to the United Nations in 1993 and incorporated in
Portuguese legislation. Consequently, there was no reason to exclude
the possibility of periodic reporting beyond 1999. After that year
Portugal would continue to have a close relationship with China,
particularly regarding the autonomy of Macau and the implementation
of the Sino-Portuguese Joint Declaration. His Government had informed
the Government of China of its position and was awaiting a response.
14. Almost all the precepts contained in the Covenant had been implemented
and developed in Macau legislation. Moreover, under the Portuguese
Constitution, public international treaty law prevailed over domestic
law, and the same principle obtained in China.
15. Mr. ALVAREZ VITA asked whether the Covenant had been published
in the Macau Official Gazette. He also wondered whether the delegation's
presence before the Committee might not be viewed as a purely administrative
act. Like Mr. Rattray, he was concerned that there should be continued
compliance with international obligations after the transition,
and asked whether there had been any further developments since
the submission of the report.
16. Mr. TEXIERA congratulated Portugal on having
sent so large a delegation, thereby indicating the seriousness with
which the Government perceived its obligations under the Covenant.
The precedents established by future relations between Portugal
and Macau and between the United Kingdom and Hong Kong would prove
of particular significance to international law since neither territory
would constitute an independent State and both would be transferred
from the administration of States parties to a State that was not
a party to the Covenant. The Committee had received no assurance
that the People's Republic of China would continue to meet reporting
obligations for Macau. China must therefore be urged to ratify the
Covenant.
17. Mrs. JIMENEZ BUTRAGUEÑO observed that non-governmental
organizations (NGOs) in Macau did not seem as combative as their
Hong Kong counterparts. Was it that NGOs were accorded less freedom
in Macau? The Committee would have appreciated the participation
of NGOs in the reporting process.
18. Mr. AHMED, congratulating the State party on the quality of
its submissions, observed that Macau seemed to be in better condition
than Hong Kong. He would like to know whether citizens of Chinese
ethnic origin holding Portuguese passports would continue to be
allowed to travel freely to Portugal and settle there after 1999
if they did not wish to become Chinese citizens. The United Kingdom
authorities appeared to consider citizens of Hong Kong to be second-class
citizens and were not necessarily prepared to grant them visas.
19. Annex 1 of the Sino-Portuguese Joint Declaration stated that
"international agreements to which the People's Republic of
China is not a party but which are implemented in Macau may remain
implemented in the Macau Special Administrative Region". Did
that mean that China had implicitly agreed to continue to implement
the Covenants in Macau, or did use of the word "may" rather
than "shall" indicate a doubt as to their willingness
to do so? Why had Portugal not pressed for the word "shall"
to be included?
20. Mr. WIMER ZAMBRANO commented that the nature of the legal relationship
between Macau and United Nations bodies after transition was indeed
crucial. It was significant that the delegation apparently consisted
solely of residents of Macau. How did the delegation view the nature
of the transition, as well as the closely related matter of Macau's
future political, administrative and legal relations both with Portugal
and with China?
21. Mr. COSTA OLIVEIRA (Portugal), responding firstly to Mr. Kouznetsov,
explained that one of the main principles embodied in the Joint
Declaration and reiterated in the Basic Law of the future Macau
Special Administrative Region was the principle of automatic continuity
of the existing legal system after 1999. Portugal thus believed
that there was no need for an additional act recognizing the legal
system.
22. The "Special Administrative Region" (SAR) was a new
entity that had been devised by China. It would possess a high degree
of autonomy in all domains, including a wide range of legislative
and executive powers, as well as autonomy in respect of the courts.
The only exceptions would be defence, external relations and other
matters relating to the exercise of sovereignty. China considered
SARs to be akin to provincial regions, but with extra powers and
answerable only to the central authorities in Beijing. The second
chapter of the Basic Law explained the relationship in greater detail,
and those particular stipulations were relatively unambiguous.
23. Concerning Mr. Wimer Zambrano's query as to the current relations
between Macau and Portugal, he said that ever since 1976, and well
before discussions on the Macau issue were initiated with China,
Macau had been considered under the Portuguese Constitution not
as an ordinary colony, but rather as a Chinese territory temporarily
administrated by Portugal. The Government recognized the importance
of preparing the people and institutions of Macau for the inevitable
transition. Long before the signature of the Sino-Portuguese Joint
Declaration, numerous local reforms had been implemented. Although
the Organic Statute of Macau, approved in 1976, was based on colonial
statutes, it had accorded unprecedented autonomy to Macau. The most
recent of the reforms had been implemented in July 1996. Since 1976,
two thirds of the members of the Legislative Assembly had been locally
elected, and only one third appointed by the Governor (admittedly
a remnant of the colonial system). Although the constitutional law
defined Macau as being based on a colonial system, in reality it
enjoyed a much greater degree of executive and other autonomy. Any
limitations arose from the Joint Declaration rather than Lisbon.
Macau had also been accorded a wide range of legislative powers,
although since it was not a State and consequently lacked a head
of State, it was unable to grant amnesties. The Portuguese Constitutional
Court in Lisbon would continue to operate until 1999, but most legal
matters were already managed by the Appeal Court in Macau.
24. From December 1999, China would assume full sovereignty. Portugal's
responsibilities would thus be significantly decreased, although
obligations arising from international and other bilateral agreements
such as the Joint Declaration would continue to be respected. As
a matter of principle, all bilateral agreements were deposited with
the Secretary-General of the United Nations and relevant agencies,
including agreements concerning such matters as civil aviation.
Dialogue with the People's Republic of China had proved highly constructive,
even on the most sensitive of issues, and the transition could thus
be viewed in a positive light. It remained to be seen whether the
stipulations in the Joint Declaration would be fully applied, but
his delegation had no reason to believe that China would not meet
its obligations.
25. Responding to Mr. Alvarez Vita, he said that the Covenant had
actually been published in the Macau Official Gazette on 31 December
1992, when Portugal had passed a resolution approving ratification
of the Covenant by Macau. As for the presence of his delegation
and the question of whether that constituted an "administrative
act", he wished to stress that the closest attention had been
paid to the implementation of human rights in Macau and that Portugal
did not possess significant economic interests in either Macau or
China. The delegation's presence simply reflected Portugal's unequivocal
commitment to the continuation of constructive dialogue with the
Committee.
26. Mr. ALVAREZ VITA indicated that his question had related purely
to international law and had not concerned economic interests of
any kind.
27. Mr. COSTA OLIVEIRA (Portugal), proceeding to answer Mrs. Jimenez
Butragueño's question, explained that the main reason why
NGOs in Macau were not as militant as those in Hong Kong was that
the population of Macau lacked a sense of belonging; approximately
40 per cent had been resident in Macau for only 15 years, and two
thirds had arrived within the past 30 years. Many had relatives
on mainland China, or intended eventually to move to the United
States of America or Canada. Although the people of Macau were exposed
to the same cultural influences as the people in Hong Kong, it was
important to realize that their attitudes differed. The delegation
did not mean to claim that NGOs were in agreement with all the information
supplied to the Committee, but every effort had been made to ensure
that the information was as accurate as possible.
28. Mrs. JIMENEZ BUTRAGUEÑO expressed her satisfaction with
the delegation's response, but wished to stress the importance of
making reports available to all NGOs.
29. Mr. COSTA OLIVEIRA (Portugal) said that there had been extensive
popularization both of the law and of human rights. The Government
had consulted some 200 NGOs and had made the reports available in
Portuguese, Chinese and English, but had obtained little relevant
feedback. As to Mr. Ahmed's query, dual nationals would continue
to enjoy the right to travel to Portugal and to settle there at
any time. There were no varying degrees of nationality, and Portuguese
nationality would not be withdrawn under any circumstances.
30. Regarding the complex legal issues arising from the Joint Declaration,
he wished to stress that all laws would remain basically intact.
His personal view was that, although the principles set forth in
the international instruments would undoubtedly continue to be protected,
the matter fell under "external relations" and would thus
inevitably be regulated by the central Chinese authorities. Portugal
would have to respect the autonomy of the Macau Special Administrative
Region. When China had signed the Joint Declaration, it had not
been conversant with the international agreements applying to Macau.
The Joint Declaration had thus been drafted with caution since Portugal
and China did not share the same reservations concerning certain
provisions of the Covenant. Portugal could not force China to accept
a clause of automatic continuity, but China could continue to apply
to Macau those instruments it had not itself ratified. The door
had been left open, but he could not speak for China. Article 40
of the Basic Law did stipulate that the provisions of the Covenants
applicable to Macau would continue to be implemented in the Macau
Special Administrative Region.
31. Much pressure had been exerted on the People's Republic of China
to ensure symmetrical treatment for the residents of Hong Kong and
Macau. In many areas, human rights were actually better protected
in Macau.
32. Referring to Mr. Texier's concern about the implementation of
the Covenant after 1999, he wished to point out that the Portuguese
authorities had informed the Chinese Government of its reporting
obligations under various international instruments, including the
Covenant, but was still awaiting its response. He would none the
less convey the Committee's concern to the Sino-Portuguese Liaison
Group.
33. Mr. Alvarez Vita (Vice-Chairperson) took the Chair.
34. Mr. ADEKUOYE noted that persons holding dual nationality would
be allowed entry into Portugal without restrictions; however, what
of entry into other countries in the European Union? Furthermore,
would those citizens enjoy the same rights as other members of the
European Union, including the right to free movement of labour and
the right of settlement?
35. Mr. COSTA OLIVEIRA (Portugal) said that he saw no reason why
persons who, irrespective of their ethnic background, were to all
intents and purposes full Portuguese citizens should not enjoy the
same rights as citizens of other States members of the European
Union. To the best of his knowledge, when such persons travelled
to destinations other than Portugal in the European Union, they
were not subject to visa requirements. Thus, for as long as Portugal
guaranteed them nationality and citizenship, no legal restrictions
would be imposed.
36. The CHAIRPERSON invited the Committee to refer to the list of
issues to be taken up in connection with the consideration of the
report (E/C.12/1995/LQ.10).
I. General information
A. Legal framework within which human rights
are protected
37. Mr. WIMER ZAMBRANO sought an explanation of the significant
rise in the population of Macau in recent years. Clearly the incentive
for Chinese nationals migrating to Macau was not to acquire foreign
citizenship. Was the attraction for them perhaps the prospect of
greater economic prosperity?
38. Mr. CEAUSU said that the information in section I.D of the report
was satisfactory and indicated that the general legal framework
within which human rights were protected in Macau seemed to be in
line with that of Portugal itself. His only query related to the
functions of the Public Information and Assistance Centre (para.
45). How did the Centre deal with complaints lodged by citizens
regarding acts by public services? Was it empowered to suspend or
annul administrative decisions taken in that connection? Or was
it merely intended to provide information or guidance with a view
to conciliating the parties concerned?
39. Ms. TAYA said that, in order to maintain the current standard
of living and protection of human rights in Macau, a population
influx from mainland China must be avoided, and that would require
some tightening of immigration policy. However, such restrictions
could result in the infringement of certain human rights, including
the unity of the family, as had occurred in the case of Hong Kong.
How did the Portuguese authorities envisage resolving that dilemma?
40. Mr. GRISSA asked for further information on the sector of the
population which was neither Chinese nor Portuguese in origin and
were generally migrant workers. Of what nationality were they? Were
they legal residents and, if not, what legal measures were being
taken to ensure that their rights were protected?
41. Mrs. JIMENEZ BUTRAGUEÑO requested further details on
judgements handed down in cases of violation of economic, social
and cultural rights, in order to supplement the information given
in paragraphs 45 to 51 of the report. Furthermore, she shared the
concerns expressed by Ms. Taya regarding the problems faced by families
when strict immigration policies were applied.
42. Mr. COSTA OLIVEIRA (Portugal) confirmed that the reasons for
migration towards Macau in recent years were mainly economic: people
sought greater opportunities or a better standard of living. In
the 1960s and 1970s many Chinese nationals from a neighbouring province
in the People's Republic of China had entered the Territory illegally
but had eventually been granted the right to work and reside there.
In subsequent years, with stricter immigration policies and border
controls, the situation of certain illegal immigrants had been regularized
for a variety of reasons, including to reunite families. Now, however,
there was great public pressure not to allow further immigration
so as to avoid any deterioration in the quality of life. It was
worthwhile noting that the peninsula of Macau had the highest population
density in the world. Other immigrants had arrived in Macau while
awaiting permission to join members of their family or reach other
countries of settlement. As far as he knew, people did not migrate
to Macau for legal reasons.
43. Mr. PEREIRA VIDAL (Portugal), replying to Mr. Ceausu's query,
said that the Public Information and Assistance Centre had a broad
range of functions. Apart from complaints, the Centre dealt with
thousands of requests for assistance relating to administrative
documents and procedures in general. It also provided a legal counselling
service on citizens' rights and queries regarding the administration
for those residents who did not have the means to engage the services
of a lawyer. As to the system of handling complaints, it might be
referred to as an "internal procedure". Where a complaint
was deemed well-founded, the Centre would bring the matter to the
attention of the relevant government department. It did not have
power to adjudicate, that being the prerogative of the administrative
courts.
44. Mr. COSTA OLIVEIRA (Portugal), turning his attention to Ms.
Taya's remarks, said that it was indeed difficult to reconcile the
need for strict immigration policies and the protection of human
rights. In the past, the policy of regularizing the situation of
some illegal immigrants so as to allow them to be united with members
of their families had in many cases merely led to further illegal
immigration. It was very difficult for the local authorities to
quantify the consequences of pursuing such a policy. Thus the emphasis
was currently on restricting immigration and that trend was likely
to continue. The only difference in future would be that, under
article 22 of the Basic Law, responsibility for allowing the entry
of people from mainland China would lie solely with the central
authorities, although the views of the local authorities would be
taken into account. For social and economic reasons, it was hoped
to keep a tight rein on immigration since the local population was
very much opposed to the idea of any further increase in the population.
45. Replying to Mr. Grissa's question, he said that the majority
of migrant workers came from China, the next two large groups being
Filipinos and Thais. He would deal with the other aspects of Mr.
Grissa's question in his reply to issue No. 12. As to Mrs. Jimenez
Butragueño's request concerning judgements handed down in
cases of violations of economic, social and cultural rights, he
would endeavour to make the information available to the Committee
at a later point.
46. Mrs. JIMENEZ BUTRAGUEÑO, speaking on the subject of immigration,
inquired whether the delegation might be interested in the case
of a child from Hong Kong who had finally been reunited with his
family thanks to the goodwill of the Governments concerned.
47. The CHAIRPERSON suggested that the information could be given
directly to the Portuguese delegation after the meeting.
B. Information and publicity concerning rights
set forth in the Covenant
48. Mr. THAPALIA welcomed the information provided on the functions
and powers of the Public Information and Assistance Centre, but
wondered whether the Portuguese authorities intended to set up a
human rights commission to create greater awareness about human
rights and investigate violations.
49. Mrs. BONOAN-DANDAN said that Portugal's treatment of the issue
of information and publicity was rather vague. She would welcome
clarification as to how far the peoples of Macau were aware of their
economic, social and cultural rights, and the obligations of the
Portuguese Government under the Covenant. Furthermore, very little
statistical information had been provided, particularly with regard
to food and an adequate standard of living. How did the Government
therefore gauge the progress achieved in the realization of economic,
social and cultural rights? Lastly, what kinds of non-governmental
organization were active in Macau and how did they cooperate with
the Portuguese authorities? What were the main concerns of the public
at large regarding the transfer of the territory to China?
50. Mr. COSTA OLIVEIRA (Portugal) said, in reply to Mr. Thapalia,
that there were no plans to set up a human rights commission, as
there were numerous committees and other advisory bodies concerned
with every aspect of Macau life. Such bodies effectively worked
as pressure groups, thus lessening the need for a separate human
rights commission.
51. With regard to Mrs. Bonoan-Dandan's questions, the population
had been encouraged to be aware that it had substantive rights;
the Government had focused less on the existence of international
obligations. Macau was, however, rich in associations set up by
special interest groups, whether professional, social or cultural,
which were active in contesting elections and taking initiatives.
Such groups were conversant with the Covenant and were not backward
in requesting information. As for the adequacy of statistics on
the standard of living, he wished to defer his reply until the Committee
came to consider article 11, when he would be able to give the results
of the survey on adequate food.
52. Regarding non-governmental organizations, few were directly
concerned with human rights. When White Papers were published, reactions
were canvassed but they were more likely to come from the associations
to which he had referred, which usually focused on specific issues.
As to whether the population at large was worried about the hand-over
to China in 1999, he thought that there was less concern in Macau
than in Hong Kong. There were still some years to go and it would
be possible to see how the situation developed in Hong Kong; also,
perhaps, much of the population might choose not to stay after 1999.
II. Issues relating to the general provisions of the Covenant
(arts. 1-5)
Article 2.2: Non-discrimination
53. The CHAIRPERSON, speaking as a member of the Committee, asked
whether there remained any descendants of the first Portuguese settlers
in Macau and whether they had retained their racial purity or their
language. If so, he wondered what position they held in society
and whether they discriminated against those of mixed blood, as
was the case in parts of Latin America.
54. Mr. CEAUSU noted that, according to an article in Asian Survey
in 1991, Macau had a tentative timetable for appointing local people
to leadership posts in the civil service, with the aim of 70 per
cent "localization" by 1995, 80 per cent by 1997 and 100
per cent by 1999. The delegation's replies seemed to suggest that
there was no such timetable. What was the actual situation?
55. Mr. COSTA OLIVEIRA (Portugal) said that descendants of the first
settlers existed, but none were racially pure. Known as the "Macaunese
community", they were all products of intermarriage with local
people, Chinese or Malays. Their local dialect - now almost extinct
- was based on Portuguese Creole. They had a strong sense of community,
but they were not an elite in any political or cultural sense. Many
held modest positions. It was true that many could also be found
in the upper reaches of the civil service, but that was because
they had the advantage of being bilingual. The localization of the
civil service had been delayed because members of the Macaunese
community were reluctant to be considered Chinese, even though their
careers would run more smoothly if they were so considered.
56. Ms. Virginia SILVA (Portugal) said that Macau had a plan rather
than a timetable for the localization of civil service posts, with
leadership posts the first to be filled. By 30 September 1997, all
heads of section, division and department would be local people.
She noted, however, that the term "local" extended to
anyone who declared an intention to stay in Macau after 1999 and
who was bilingual. The current proportion of local people in leadership
posts - of which there were some 350, out of a total 17,000 posts
in the civil service - was 76 per cent, a commendable figure given
that three years remained to complete the process.
57. Mr. COSTA OLIVEIRA (Portugal) said that, while there was no
detailed timetable relating to specific posts, Macau did have targets
and deadlines. He could also confirm that "local" did
not imply any particular ethnic origin, nor did it even mean that
people had to have been born in Macau. The only prerequisite was
that they should be bilingual. Thus, most were Chinese but some
were Macaunese and a few were Portuguese who had been resident in
Macau for decades.
58. Mr. WIMER ZAMBRANO asked what would become of the civil servants
that were to be replaced and how they would be selected.
59. Mr. GRISSA asked whether such civil servants would be forced
to take early retirement, be dismissed or be repatriated if they
were not local. He also wondered how the status of the Macaunese
community would be reconciled with the fact that China did not recognize
dual nationality.
60. Mrs. JIMENEZ BUTRAGUEÑO inquired whether dismissed civil
servants would receive compensation.
61. Mr. RATTRAY said that he would like to know whether localization
corresponding to that in the public sector was envisaged in the
private sector.
The meeting rose at 1 p.m.
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