Macau is a small special administrative region on the southern coast of China . It is located next to the province of Guangdong , 70 km southwest of Hong Kong , and 145 km from the city of Guangzhou . Since December 20 , 1999 , Macau has been one of the two special administrative regions of the People’s Republic of China . Until that date it had been under Portuguese administration for almost 450 years. As in Hong Kong , the Basic Law of Macau guarantees the maintenance of the capitalist economic system and a wide autonomy for at least 50 years. The judicial system established by Portugal is maintained , and Portuguese, although little spoken, is an official language alongside Chinese.
History
The Portuguese occupied Macau on 14 August 1556. From 1670, Portugal began paying a levy to China for its presence in the territory. Macau prospered because of its location on the trade route between Malacca and Japan .
Macao was the point of entry into China for missionaries seeking to convert China to Christianity, such as the Jesuit Matteo Ricci. The presence of various religious orders, especially Jesuits, gave a boost to education in Macao.
Macao’s unique status as a European pass in China disappeared in 1842 at the end of the First Opium War , when the British gained sovereignty over Hong Kong. The port of Hong Kong would isolate Macao to a secondary role in the commercial sphere. Despite this crisis, the weakness of the Qing court at that time allowed Portugal to suspend the payment, a tax for the use of land that Portugal paid to China and which implied an implicit recognition of Chinese sovereignty.
This consolidation of Portuguese control over Macau was also reflected in the recognition of the territory as a province of Portugal in 1844 . Until then, Macau had been dependent on Portuguese holdings in India . Although no formal transfer of sovereignty had ever taken place, Portugal considered Macau an integral part of its territory in 1822 and the cessation of tribute payments to China confirmed that power over Macau belonged to Portugal. In 1851 , it annexed the Taipa and Coloane islands to the territory , thus tripling the surface area of Macau.
During the 20th century , the policies that shook China led to many migration movements to Macau. This increased during the Second World War , when Macau, thanks to Portugal’s neutrality, was spared from Japanese invasion. After the Chinese Communist Party took power in China in 1949 , many Kuomintang sympathisers took refuge in Macau, where there would be numerous moments of tension between the two parties, particularly during the Cultural Revolution.
As Portugal was having difficulty in holding on to the territory of Macau, it offered to return it to China on two occasions, first in 1967 and then in 1974. In those times of political turmoil under Maoism , the Chinese government rejected the offer to take over the administration of Macau. In 1984 , in agreement with the United Kingdom for the return of Hong Kong, the People’s Republic of China informed Portugal of its intention to take back the administration of Macau on 20 December 1999 .
= Government
The chief executive is appointed by the central government of the People’s Republic of China after selection by an electoral committee, whose members are elected by corporate subjects. The chief executive presides over a cabinet, consisting of 7 to 11 members.
The Legislative Assembly is the legislative body of the territory and consists of 23 members, of which 8 directly elected members, 8 appointed members representing electoral districts, and 7 members appointed by the chief executive. The legislative assembly is responsible for making laws. The legal system is largely based on Portuguese law. The territory has its own independent judicial system, with a supreme court — the Court of Final Appeal (CFA). Judges are selected by a committee and appointed by the chief executive.
The legislation is not favourable to trade unions or to workers trying to protect their rights. Freedom of association is guaranteed by law, but it does not cover civil servants or migrant workers. Collective bargaining is not guaranteed.
Trade union rights under the law
Freedom of association: Freedom of association is guaranteed by Section 4 of Law No. 2/99/M. Trade unions can be formed and anyone can join them. Section 45 of Decree-Law No. 24/89/M prohibits the dismissal of workers on the grounds of union membership or their union activities. Section 347 of the Penal Code is ostensibly a deterrent to prevent public authorities from interfering in workers’ freedom of association. However, new regulations drafted by the Commission Against Corruption (CCAC) require civil servants to obtain management approval before they can join associations or become leading figures in labour associations, which is a violation of the basic law of the Macao Special Administrative Region. Secretary for Administration and Justice Florinda Chan accepted the criticism from pro-democracy lawmakers and indicated that supplementary regulations would be drawn up to clarify the relevant articles.
No further information is available on this subject. There are no guarantees for collective bargaining: Section 6 of Decree-Law No. 24/89/M stipulates that agreements concluded between employers and employees shall be valid. However, it does not explicitly state that such agreements must be concluded or that they must involve collective bargaining.
Exclusion of public employees: Certain clauses such as sections 3(2) and 3(3) of Legislative Decree No. 24/89/M specifically exclude public employees and migrant workers from the protection afforded by labour legislation.
Trade union law under discussion: After a proposed trade union law was vetoed in 2005, trade unions continued to push for a new law. But the government has not yet provided a date for its introduction.
Labour Code Amendments Failed: The second draft amendment to the Labour Code was not supported by trade unions, including the largest pro-Beijing trade union, the Macau General Workers Association. Although there were some progressive amendments such as longer maternity leave, the second draft also reduced the notice period for dismissal and resignation and did not set maximum working hours or minimum wage. The amendments would not be approved and discussions will continue in 2007.
Trade union rights in practice
Many unions are more like traditional neighbourhood associations, dedicated to promoting social and cultural activities rather than dealing with workplace issues. Employer power: It is common practice in Macau for workers to have no formal employment contracts with their employers. Employers thus have unrestricted power to unilaterally change employees’ wages and working conditions, or to terminate their employment, which is tantamount to dismissal.
In the context of this excessive power of employers to act unilaterally and without any institutional legal framework for collective bargaining or even employment contracts, workers are easily intimidated and discriminated against for their union activities. The use of temporary contracts has apparently increased, reducing the number of workers covered by pensions, sick leave, paid holidays and other benefits, as well as effectively lowering wage bills.
No protection for strikers: While the right to strike is supposedly protected by law, there is no legal protection against employer retaliation for participating in a strike. For this reason, strikers can be fired during or after the strike, regardless of the outcome of negotiations.
Chinese influence : The PRC government has strong influence over local union activities, including the direct selection of the top leadership of the largest private sector organization, the Federation of Trade Unions. Nearly all six private sector unions belong to this pro- Beijing federation , which has undermined union independence as concerns about supporting central government policies and minimizing workplace unrest override the protection of union members’ rights and interests. There have been reports of intimidation of those demonstrating against the Beijing government, both over policy and labor rights.
Civil society organisations are very weak in Macau and the growing influence of the central government, combined with increasing prosperity for many residents, will undoubtedly contribute to reducing independent workers’ movements.
Migrant workers: The number of migrant workers reached 60,000 as of October 2006. Migrants make up more than one-tenth of the population and 21 percent of the workforce. About 60 percent of migrants come from mainland China, 10 percent from Hong Kong , and the rest from Southeast Asia and other regions. They are denied the most basic forms of protection. Although migrant workers generally have employment contracts, they have no right to collective bargaining or any effective legal remedy for unfair dismissal.
They are entitled to compensation if they are dismissed before the end of their contracts, but it is common practice for migrant workers to be placed on short-term contracts whose non-renewal amounts to dismissal. The use of illegal (and therefore unprotected) labour is also a problem for the Macau authorities, who regularly carry out raids to combat the employment of illegal foreigners from South-East Asia and mainland China. They are mainly employed in construction, small and medium-sized businesses and domestic service. The high proportion of foreign workers is said to be eroding the bargaining power of local residents to improve working conditions and wages.
With the increasing number of construction projects (mainly casinos and hotels) there has been a relaxation of regulations, allowing the importation of labour from the mainland. Many trade unions and other groups have attempted to ensure that the use of imported labour does not unduly affect the wage level of local workers and that migrants are also covered by trade union organisations.
Geography
Macau is made up of three parts: the Macau Peninsula, connected to the mainland, and the two islands of Taipa and Coloane . Macau was originally an island, but land reclaimed from the sea made it a peninsula in the 17th century , and city gates were built to separate the peninsula from the mainland. Pre-colonial records stated that Macau had an area of 2.78 km², but it began to grow due to Portuguese settlement. The growth of the area accelerated in the last quarter of the 20th century , from 15 km² in 1972 to 16.1 km² in 1983 and 21.3 km² in 1994. The largest area of land reclaimed has been the islands mentioned above. In 2000 , the total area was approximately 23.6 km². Macau’s border with the rest of China, the so-called Portas do Cerco, separates Macau from the Zhuhai Special Economic Zone (Guangdong Province), one of the most prosperous coastal cities, partly due to its proximity to Macau. The peninsula and the two islands have been linked for years by several bridges.
Economy
In ancient times, merchants in the area used a punch to mark foreign coins, thus allowing them to circulate. There are two countermarks used for this purpose; the first, older, contained the legend “MACAO” in Chinese and was stamped on pieces of 5 Spanish pesetas, 5 French francs, 8 Mexican reales, 960 Brazilian reis, Maria Theresa of Austria talers and Philippine pesos. While the second, which is more contemporary, was used by Chinese merchants in gambling houses.
Today, Macau’s economy is based primarily on tourism and gambling. Macau receives many visitors from Hong Kong and, more recently, from mainland China.
Along with Macau’s rich historical heritage, the biggest draw for visitors is undoubtedly gambling. Since casinos are banned in both Hong Kong and mainland China, Macau is the only place in China where you can legally gamble for money. This fact, coupled with the growing purchasing power of the Chinese population, has led to spectacular economic growth in recent years.
Demography
Macau’s population is 98% Han Chinese, mainly Cantonese and some Hakka, both from the nearby province of Guangdong. There are also populations of Japanese and Filipino origin. The community of so-called Macanese, people of mixed Asian and Portuguese descent, make up about 1% of Macau’s current population. Macau has the highest life expectancy in the world at 84.36.
The most widely spoken Chinese dialect is Cantonese, although the number of Mandarin speakers has increased. Portuguese, despite its co-official status, has a very limited presence in Macau. In fact, the Portuguese dialect spoken by the Macanese community is now practically extinct, and few people still actively use Portuguese. English, although not official, is already the second most widely spoken language in Macau.