Macau, China - 2nd periodic report submitted by states parties under articles 16 and 17 of the Covenant [2012] UNCESCRSPR 6; E/C.12/CHN-MAC/2 (6 July 2012)

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Implementation of the International Covenant on Economic, Social and Cultural Rights

Second periodic report submitted by States parties under articles 16 and 17 of the Covenant

Articles 6 and 7. Right to work and the right to enjoy just and favourable working

1. The present report is the second to be submitted under articles 16 and 17 of the International Covenant on Economic, Social and Cultural Rights (Covenant) by the People’s Republic of China (hereinafter referred to as “China”), with regard to the application of the Covenant in its Macao Special Administrative Region (MSAR). It covers the period from 1 January 2003 to 30 June 2009.

2. This report was written in accordance with the guidelines adopted by the Committee on Economic, Social and Cultural Rights a as last updated (E/C.12/2008/2, 24 March 2008), and should be read in conjunction with part III of the second revision of China’s core document (HRI/CORE/1/Add.21/Rev.2). Likewise, information provided in relation to the MSAR in previous reports submitted by China on the application of the International Convention on the Elimination of All Forms of Racial Discrimination (CERD/C/357/Add.4, Part III), of the Convention on the Rights of the Child (CRC/C/83/Add. 9, Part II), and of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW/C/CHN/5-6/Add.2) should also be taken into consideration.

3. This report was prepared on the basis of the information provided by the government departments involved in the application of the Covenant, being noteworthy the fact that the majority of these departments work in close partnership with local non-governmental organizations (NGOs). Information and data hereby provided will be presented in a summarised and updated form.

4. Special effort was made to address all the Committee’s recommendations included in its concluding observations (E/C.12/1/Add.107). Progress was attained at several levels. New legislation was enacted (e.g. in the field of labour, social security, in the fight against drugs and trafficking in persons). Measures have been adopted to strengthen gender equality and to provide adequate assistance to vulnerable persons (e.g. disabled, children, women, refugees and the elderly). Campaigns and specialized training courses targeted at officials, the judiciary and at different community sectors focused on Human Rights have been carried out. The role of the civil society as a partner of the Government in this ongoing task should also be underscored (including within the process of public consultation for major policies and drafting of legislation) as well as the Government’s proactive nature on human rights dissemination. In this respect the Committee’s recommendation 128 should be pointed out.

5. A growing number of monitoring mechanisms to promote and protect human rights have been created. The majority are composed by prominent members of the civil society and NGOs, such as the: Consultative Council for the Urban Renovation of Old Districts, Consultative Commission for Women’s Affairs, Commission on the Fight against HIV/AIDS, Mental Health Commission, Commission for Senior’s Citizens Affairs, Commission on the Fight Against Drugs and Commission for the Rehabilitation of Persons with Disabilities.

6. In this context, it should be mentioned the Committee’s recommendations to promote human rights education and to raise public awareness on human rights issues, especially among state officials and the judiciary (para. 127), and to widely disseminate the Committee’s concluding observations (para. 130), and the MSAR’s efforts to address these issues.

7. The Covenant (including the Committee’s concluding observations), as well as other applicable human rights treaties, have been — and still are — widely disseminated through brochures, government website (www.gov.mo), workshops and seminars to the general public, youth and children associations, professional groups, etc. The promotion of interactive programmes, awareness campaigns, contests and inquiries through the media, fun fairs, and schools activities, etc., contribute significantly to raise the access to information on fundamental rights. Human rights education is also part of the school curricula. The promotion and dissemination of the MSAR legislation (including on human rights) is under the responsibility of the Division for Legal Dissemination of the Legal Affairs Bureau.

8. Special editions of the “Macao Law Journal” (publication of the International Law Office) should also be highlighted. These editions cover the implementation of the core human rights international instruments applicable to the MSAR, including the overall reporting procedure. Documents are assembled in a systematic manner, in Chinese, Portuguese and English, with the aim of producing a user-friendly groundbreaking compilation to legal practitioners and to the general public. The editions of the International Covenant on Economic, Social and Cultural Rights, the International Convention on the Elimination of All Forms of Racial Discrimination and the Convention on the Elimination of All Forms of Discrimination against Women were published in 2006, 2007 and 2008, respectively.

9. The Legal and Judicial Training Centre (LJTC), another government department, has been organizing seminars and workshops focused on human rights protection (e.g. Seminars: “HR, UN Covenants and Fundamental Rights” (2005), “HR Conventions and their implementation” (2005), “HR and International Law: some global challenges” (2006) and workshops on the “HR reporting procedure” (2006 and 2007)), in both official languages and in English, with invited professors from Macao, mainland of China and abroad, mainly from Europe and often in cooperation with the European Union and renowned universities. These seminars are mainly targeted to legal professionals, and frequently inserted within the traineeship programme of the Judicial and Procuratorate Magistracies.

10. Nevertheless, and in spite of the above, the MSAR Government acknowledges that there are still shortcomings in a number of fields, (some of them indentified by the Committee on the Elimination of Racial Discrimination) and that action is required, being the Government fully committed to overcome the difficulties that hamper the full implementation of the Covenant.

11. An updated list of the relevant human rights treaties applicable to the MSAR is provided in annex I of the present report, and a list of the quoted legislation is also provided in its annex II. The 2008 Yearbook of Statistics is annexed to the present report as well since it contains relevant data concerning the enjoyment of the rights established in the Covenant.

Macao Special Administrative Region autonomy and the freedom of its people to pursue its own economic, social and cultural development

12. As mentioned in the previous report, under the principle of “One country, Two systems” and in accordance with the Basic Law, the MSAR is an inalienable part of China. In accordance with the Basic Law, the MSAR exercises a high degree of autonomy and enjoys executive, legislative and independent judicial power, including that of final adjudication. The previous capitalist system and way of life shall remain unchanged.

13. MSAR residents are thus free to pursue their own collective economic, social and cultural development. Macao is a dynamic society and fully exercises the conferred autonomy. On 20 December 2009, the MSAR commemorated its 10 years of existence under the principle “One country, Two systems”, and a new Chief Executive (the 3rd office-term) elected in accordance with annex I of the BL (and Law 3/2004, as amended) and appointed by the Central People’s Government (CPG) assumed office; and the Legislative Assembly initiated its 4th term in October 2009 (annex II of the BL and Law 3/2001, as amended).

14. Macao is a place where various communities live together with a wide range of ethnic, religious, linguistic and cultural diversity. Tolerance and respect for cultural differences continues to be a keystone of the MSAR lifestyle. Every ethnic group shares the same dignity and is entitled to its own cultural life, being able to profess and to practise its own religion and to use its own language.

15. It should be noted that the overall human rights framework that safeguards both principles and rights described in the previous report is basically unchanged. All human beings are considered equal in, under and before the law, and may not be discriminated against on any grounds. The core fundamental rights and freedoms enjoyed by residents as well as by non-residents are enshrined in Chapter III of the BL (arts. 25 to 44), without prejudice to other rights and freedoms being recognized in ordinary law.

16. Equality and legality are pillar principles that shape the entire MSAR legal system, binding the legislative, administrative and judicial powers. The constitutional right to equality and non-discrimination is thus a general principle of Law, and discrimination censured at all levels (including by means of criminal law). Positive discrimination is only admissible under the law as a required measure to correct de facto inequalities, as mentioned in the previous report.

17. As referred in the previous report, men and women enjoy the same rights and duties. Discrimination, as outlined, including gender-based discrimination, is strictly prohibited. Any and all forms of capitis diminutio for women are inadmissible, whether in public, political, family or in working life. Nevertheless, with the objective of eradicating any de facto inequalities, special protection of the legitimate rights and interests of women is guaranteed in the constitutional (art. 38 (2) of the BL) and ordinary law, and in practice through the adoption of concrete measures.

18. As regards the Committee’s recommendation to establish a local institution responsible for the promotion and protection of gender equality (para. 118), it should be highlighted that a Consultative Commission for Women’s Affairs (CCWA) was created in 2005 (Administrative Regulation 6/2005). This consultative body comprises members of the Government and 25 NGOs, and its main goals: (a) to promote women’s rights and interests and the improvement of their life conditions; (b) to promote the effective sharing of responsibility at the family, professional, social, cultural, economical and political levels; (c) to effectively contribute to women’s opportunities, rights and dignity; and (d) to encourage the full participation of women in the development of the MSAR. The CCWA played an important role in assisting the Government’s policy, chiefly in what concerns the adoption of legislation on the fight against trafficking in persons, labour and dissemination of women’s rights.

19. As regards the Committee’s recommendation to promote gender equality, in particularly, in the workplace (para. 118), it should be stressed that women have the same work opportunities as men and are not viewed differently, especially in relation to their professional abilities. Moreover, the labour legislation (i.e. private and public sectors) expressly determines the principle of equal pay for work of equal value (art. 6 of Law 7/2008 and art. 10 (3) of Law 14/2009, respectively).

20. It is also worth mentioning that women’s role in Macao’s society has been steadily improving. Until December 2008, women represented 38.84 per cent of the Public Administration labour force (including the Macao Security Forces), and they represent 62.44 per cent of the professional group that includes senior officers, officers and teachers. Women also represent 46.30 per cent of the judiciary and 56.92 per cent of the Legislative Assembly personnel. In the private sector, women represent 49.2 per cent of the total labour force. It should be noted that in the tertiary education women represent more than 56 per cent of the student population in the academic year 2007/08.

21. It should also be stressed that the offices of Secretary for Administration and Justice — the second most important member of the MSAR Government — and of one of Commissioner against Corruption deputies are by women. Within the public sector women represent 40.43 per cent of the leading positions in the Public Administration.

22. As regards the Committee’s recommendation to specifically criminalise sexual harassment in the workplace (para. 120), it should be mentioned that sexual harassment in the workplace, although not considered as an autonomous crime, is provided for and punished under articles 158 together with article 171 (1) (b) of Macao Criminal Code (MCC) for the crime of sexual coercion. Anyone that by means of force or serious threat, takes advantage of a hierarchical, economic or employment relationship, and compels the victim based on such relationship to suffer or commit relevant sexual acts with the offender or with a third person, shall be punished with a imprisonment penalty up to 10 years. The offender may also incur in disciplinary and civil actions.

23. Furthermore, in order to combat discriminatory situations at the workplace, several mechanisms were developed such as awareness campaigns and monitoring by the Labour Affairs Bureau (LAB). All workers are entitled to lodge complaints with the LAB, including on sexual harassment. However, there was no complaint filed related to sexual harassment during the period covered by the report (art. 16 of Decree-Law 52/95/M).

Restrictions to the derogation of rights and prohibition of restrictive interpretation

24. The admissible restrictions to the derogation of rights provided for in the BL must be read in tandem with its article 40 (2), which expressly stipulates that the rights and freedoms enjoyed by the MSAR residents shall not be restricted unless if and as established by law, and that such restrictions shall not contravene, inter alia, the applicable provisions of both Covenants therein referred to.

25. Fundamental rights and freedoms may be restricted under the circumstances provided for by law, as is the case of Law 9/2002 on internal security and Decree-Law 72/92/M on civil protection, as explained in the previous report. These restrictions must abide to criteria of proportionality, necessity and suitability.

26. Special note should be made to Law 2/2004 on the prevention, control and treatment of contagious diseases since it allows the imposition of restrictive measures of an exceptional, urgent and temporary nature in case of emergency to prevent the propagation of contagious diseases. These measures are ordered by the Chief Executive and published in the Official Gazette and may include, inter alia, restrictions to the freedom of movement, to the participation in cultural activities or gatherings, to the exercise of certain activities or to possess certain animals or to sale or use certain goods or products. This Law is mentioned again in relation to article 12 of the Covenant.

27. Article 35 of the BL stipulates that “Macao residents shall have freedom of choice of occupation and work”, being the MSAR Government responsible for the implementation of the appropriate labour policies (arts. 114 and 115 of the BL). The LAB is the main government body responsible for the implementation and execution of the labour policies, occupational health and safety and training in the private sector (Administrative Regulation 24/2004). A Human Resources Office was also set up to assess the market needs and trends on labour, and to analyse the employment requests’ for hiring non-residents workers (Order of the Chief Executive 116/2007).

28. It should be pointed out, in this context, that there are a considerable number of relevant international instruments on the right to work applicable to the MSAR, which are listed in annex I of the present report.

29. Labour in the public sector continues to be governed by the Statute of the Public Administration Workers (SPAW), Decree-Law 87/89/M, as amended. Its last amendment reviewed and updated the career regime, creating new promotion levels and categories and extending its scope of application to all contractual relationships (Law 14/2009).

30. New legislation on the appraisal of public workers performance was also adopted (Law 8/2004 and Administrative Regulation 31/2004), aiming at engaging public workers in public office, improving their job performance and quality, enhancing management skills and creating more incentives. Principles of fairness, equality, impartiality and due process govern such appraisal. Public workers subject to this process maintain the right to appeal in case of divergence (art. 3). Additionally, Administrative Regulation 11/2007 created a set of rewards and incentives for public workers that have the highest classification (‘Excellent’), being entitled to a public compliment and a pecuniary compensation (equivalent to half month salary) or a merit leave (10 additional days of holidays).

31. Apart from the previous paragraphs, all relevant information provided in the previous report related to the public sector is still valid.

32. As regards the private sector, Decree-Law 52/95/M, on the Law on Equal Opportunities and Equal Treatment, and Law 4/98/M, on the Legal Framework on Employment and Labour Rights, both already mentioned in detail in the previous report, remain in force. However, new legislation in this field was adopted, namely Law 7/2008 on Labour Relations that revoked the former Decree-Law 24/89/M, Administrative Regulation 26/2008 on Labour Inspection Activities, Administrative Regulation 17/2004 on the Prohibition of Illegal Work and Law 9/2003 on the Legal Procedural Regime for Labour Conflicts.

33. The new Labour Relations Law establishes clearer provisions on employers’ and employees’ rights and obligations, on full-time and part-time workers, on open-term contracts and fixed-term contracts. It also increases the number of justified absences and strengthens the regime concerning child labour and maternity. This Law also restates that labour relations are based on the principles of equality (art. 6), good faith (art. 7), respect for the right of privacy (art. 8) and contractual freedom (art. 14).

34. Although there is no statutory minimum wage scheme in the private sector, article 57 of Law 7/2008 establishes the general principle of a fair wage, which means that contractual freedom is circumscribed by the definition and calculation of what constitutes a “fair wage” and by compliance to standards of good faith. Wage is thus set based on the nature, quality and quantity of the work and on the principle of equality of wages for equal work of equal value without prejudice to the conditions prescribed by law to certain activity sectors. Wage setting may include basic and variable remuneration. A calculation mechanism is established in article 59 et seq. of Law 7/2008 for basic remuneration (includes, inter alia, salary, overtime, shifts or night shifts, and food, family allowances and other allowances).

35. Notwithstanding the above, it should be highlighted that a minimum wage system was set for workers that provide cleaning and security services to the Public Administration – a monthly income of MOP$ 4,368 (Order of the Chief Executive 250/2007). The possibility of extending a minimum wage scheme to other areas is being considered by the Standing Committee for Social Affairs.

36. Wage setting in the public sector is fixed according to an index, which determines the remuneration of each professional category. The minimum salary is MOP$ 5,900. Data provided by the Statistics and Census Bureau (SCB) shows the median remuneration for employees was MOP$ 4,800 per month in 2003, MOP$ 6,700 in 2006, MOP$ 7,800 in 2007 and MOP$ 8,000 in 2008.

37. The principle of the enjoyment of minimum good working conditions is stipulated in article 5 (1) (c) of the Law 4/98/M and in article 4 of Law 7/2008. The employer has the duty to respect the employee and to treat him/her with dignity, to provide good working conditions and to provide compensation in case of work-related accidents or disease (arts. 9 (3) and (4) and 12 of Law 7/2008).

38. Article 70 of Law 7/2008 protects workers from unfair dismissal by stipulating a compensation regime based on the number of years/days of the work relationship. In case of fixed-term contracts, workers are entitled to be remunerated from the period established in the contract and the effective term of the contract.

39. In the public sector, civil servants must work 36 hours within a week and a minimum of seven hours per day. There is a weekly rest of two days. Workers are entitled to an annual leave of 22 working days and paid leave in the amount equal to the remuneration corresponding to the post held. While in the private sector, the daily working period is eight hours (maximum 12) and the working week 48 hours (art. 33 (1) of Law 7/2008), with a weekly rest of one day. Workers are entitled to a minimum annual leave of six paid working days (art. 46 (1) of Law 7/2008). They also enjoy 10 paid statutory holidays per year (art. 44 of Law 7/2008). Whenever it is deem to be necessary to work in the week rest day or mandatory holiday, workers are entitled to double pay and to enjoy a day leave to be agreed upon (arts. 43 and 45, respectively).

40. Law 7/2008 determines what are justified and unjustified workers’ absences. Absences on the grounds of death of spouse or family member of the first degree (3 working days), of marriage (6 working days), of sickness (45 days), of sickness of a family member (12 working days), of paternity (2 working days), of maternity (90 days), of accident or illness work-related are some of the justified absences stipulated under article 50 of Law 7/2008. From the above-mentioned justified absences, the worker is entitled, without loss of remuneration, to six days of sick leave and female workers to 56 days of maternity leave.

41. The non-residents work regime continues to be the one established in Order 12/GM/88 and Order 49/GM/88. A law on the employment of non-residents workers is currently being drafted.

42. Information on gender equality at work is provided in relation to article 3 of the Covenant.

43. As regards Committee’s recommendation (para. 119) on the need to take effective measures to ensure the right to maternity leave to workers of the private sector and to increase public awareness on the importance to reconcile professional and family life for men and women, it should be underpinned that the safeguard of family life is a Government’s concern, and is accordingly reflected in the existing legislation. Indeed, relevant changes have occurred in this respect, such as the strengthening of the maternity and minors’ regime, the establishment of stricter rules on mandatory week rest, holidays and sick leave, as well on the public awareness campaigns carried out to that effect (e.g. TV, radio, leaflets).

44. The limited-number of births to enjoy maternity leave was eliminated in Law 7/2008 and maternity leave for women with one year of work relationship increased from 35 to 56 days, without the loss of remuneration or employment. Out of these 56 days, 49 must be taken after the birth and the remaining may be used either before or after birth. This period is also guaranteed in case of still birth or abortion. During pregnancy and for the period of three months following birth, women should not engage in any tasks that might cause discomfort or pose a risk to their condition (arts. 54, 55 and 56 of Law 7/2008).

45. Law 7/2008 also gives particular attention to child labour by setting stricter provisions (arts. 26 to 32). Child labour continues not to be permitted unless the minor is 16 years old and limited to certain working activities that do not endanger (or create a potential risk of endangering) the physical, spiritual and moral development of minors. A list of occupations restricting the employment of minors (Order of the Chief Executive 343/2008) and, another one prohibiting minor’s work (Order of the Chief Executive 344/2008) were also adopted. In addition, minor’s workers are annually submitted to regular and periodic physical robustness and health examinations (art. 30). An employer who employs a minor between 16 to 18 years must notify the LAB within 15 days after the signing of the contract of such work relationship (art. 31). From 1 January to 31 May 2009, DSAL has received 155 of such notifications.

46. Exceptionally, minors less than 16 years old (but not less than 14) may work after obtaining authorisation from the LAB. To this end, the LAB must consult the Education and Youth Affairs Bureau (EYAB). This condition is not required for summer holiday’s work of minors aged between 14 and 16. Another mandatory prerequisite is that minors have to conclude compulsory education before engaging in any work relationship. There is no age requirement for minors that work in activities of cultural, arts or marketing nature as long as they have the LAB’s authorisation and there is no incompatibility with school attendance (art. 27 of Law 7/2008).

47. Without prejudice to judicial remedies, the violation of the conditions mentioned in the above paragraphs shall be subject to fines from MOP$ 10,000 up to MOP$ 50,000 per worker for each infraction. In cases of recidivism the applicable fine may be doubled (art. 79 et seq. of Law 7/2008). From 2003 till 2008, the LAB received 1 complaint on child labour and 65 of women dismissed under article 37 of Decree-Law 24/89/M (previous maternity regime). It also received 889, 665, 559, 1,202, 1,797 and 2,816 complaints of unfair dismissal from 2003 till 2008. Fines imposed by the LAB were as follows: MOP$ 1,105,800, MOP$ 379,800, MOP$ 364,500, MOP$ 234,000, MOP$ 260,000 and MOP$ 225,500 for the same period. New legislation on the rules governing the LAB’s inspection activity was also adopted (Administrative Regulation 26/2008).

48. As regards, the Committee’s recommendation (para. 121) on the need to adopt measures to promote the integration of people with disabilities into the labour market, including by providing incentives to employers and strengthening the system of job-quotas for persons with disabilities, it should be mentioned that the MSAR Government continues to attach great importance to the social integration of these persons into the labour market (Decree-Law 33/99/M) as shown in the following paragraphs.

49. Vocational and professional training continues to play a key role in this context as well as granting special financial incentives to the private sector for the employment of persons with disabilities. In order to provide tailor-made work for these persons, the Employment Promotion Division of the LAB set up a special team (in 2004) focused on job-matching service, vocational programmes and job-referral, which include job-seeking registration, interview, job referral and an employment follow-up for three months to assess progress and to provide the necessary assistance.

Types of persons with disabilities registered as job-seekers at the LAB from 2004 to 2008

Years/Disabilities	2004	2005	2006	2007	2008
Visually impaired/amblyopia	9	36	8	3	7
Deafness/hearing impaired	79	27	28	14	25
Physically disabled	79	104	43	24	28
Discharge mentally ill patients	18	26	14	8	10
Mentally handicapped	131	25	12	9	1
Chronically ill	12	52	64	79	65
Speech impaired	-	-	1	-	-
Spastic	-	-	1	1	2
Multiple disabilities	5	29	11	12	21
Others	-	-	-	-	2

50. According to 2006 By-census, the total number of persons with disabilities was 8,298; of which 853 were considered economically active and 731 were employed. On the public sector, there are 79 workers with disabilities, as to 30 June of 2009.

Years/Occupations	2004	2005	2006	2007	2008
Senior officials of associations, directors and managers	0	1	0	0	0
Technicians and associate professionals	0	1	3	1	0
Clerks	6	17	14	12	7
Service and sale workers	9	14	14	9	3
Skilled agricultural and fishery workers	1	3	1	0	0
Craftsmen and similar workers	6	4	13	2	1
Plant and machine operators, drivers and assemblers	1	1	3	0	0
Unskilled workers	55	47	54	23	26

51. Regular visits to rehabilitation NGOs are also conducted by this team to understand the situation and needs of different types of persons with disabilities. They provide guidance on interview skills, on finding a suitable job and on other relevant information. Vocational training programmes such as book binding, gardening work, Chinese knot knitting, car cleaning, handloom operations, publicity materials and office operations, techniques of handicraft making and sale, floral art, F&B service, and the making and sale of sandwiches have been provided. In addition, the LAB has collaborated with several NGOs (e.g. the Macao Association of the Deaf, Macao Adult Deaf Especial Education Association, Macao Association for the Mentally Handicapped, Macao Association of Parents of Mentally Handicapped Persons and Macao Special Olympics) on this task. Trainees enrolled are entitled to a training allowance. The LAB’s team also conducts seminars for students on special education schools.

52. The LAB also tries to encourage the collaboration between NGOs and employers to promote job-opportunities for persons with disabilities and a subsidy is granted to those employers that employ persons with disabilities. In addition, the LAB, together with the Social Welfare Bureau (SWB), organized, since 2003, the “Award for Employer of Disabled Person” and the “Outstanding Disabled Employee Award”. This programme intends to pass the message to all fields of the society that the work performance of employees with disabilities can be outstanding. Twenty-eight employees received the award in 2003, 40 in 2006 and 48 in 2008. As for employers, 35 received the award in 2003, 49 in 2006, and 56 in 2009 (hiring a total of 180 persons with disabilities, among them 70 per cent of the persons were hearing impaired, mentally handicapped and physically disabled).

53. Within this context, it should also be highlighted that in 2008 a Commission for the Rehabilitation of Persons with Disabilities was set up (Order of the Chief Executive 239/2008). One of its tasks is to analyse the professional and social re-integration of persons with disabilities in the labour market and to propose concrete measures.

54. As stated in the previous report, convicted prisoners are engaged to work and vocational training, together with teaching and re-education. Standard working hours and working conditions are applicable in accordance with the labour legislation. Prisoners above 65 years of age and pregnant prisoners or those who are about to deliver are exempted from the duty to work (arts. 51 and 52 of Decree-Law 40/94/M).

55. As regards the principal indicators of employment, unemployment and underemployment by gender and age please see the tables on pages 87 to 93 of the 2008 Yearbook of Statistics, and on the number and origin of non-resident workers, refer to pages 74 to 75.

Years/No.	2003	2004	2005	2006	2007	2008
Residents workers	17 842	18 633	19 372	20 357	21 175	22 457
Non-residents workers	297	299	284	277	310	226
Foreign workers	121	114	139	139	159	174
Female workers	6 422	6 825	7 272	7 800	8 264	8 940

56. The MSAR Government adopted a number of measures and programmes mainly focused on job-promotion, youth employment, re-qualification and professional training. The current economic and social environment and the global financial crisis demanded new approaches and the adoption of effective measures to counter unemployment and to balance the labour market needs. Gaming, tourism and services are the major industries in the MSAR.

57. In order to promote employment, the Government established a set of incentives to promote job allocation and training to unemployed persons, targeting the: (a) occupational integration of those unemployed with difficulty to be placed in the labour market; (b) integration into the labour market of unemployed persons with disabilities; (c) hiring of young persons seeking their first job; (d) training of the unemployed towards their reintegration into the labour market; and (e) grant of subsidies for the training of the unemployed (Order of the Secretary for Economy and Finance 6/2004).

58. To achieve the above aims, different measures were carried out either by the LAB, or in collaboration with other entities, including the private sector. For instance, the LAB has issued licences to seven employment agencies to provide free employment referral services to job-seekers and has developed in cooperation with the MICE industry (i.e. Meetings, Incentives, Conventions and Exhibitions) a database website that provides job information.

59. Technical and vocational training to create new job-opportunities and re-qualification of workers was also conducted, such as the: “Re-training Programme” (2002), “Secondary Skills Training Programme” (2007), “Employment Assistance Training Course” (2004–2005) “Allowance-bearing Training Programme for Workers of Difficult Industries” (2003–2004), “Employment Assistance Measure for Construction Industry Programme” (2009) and the “Training Programme for Fishermen during Moratorium” (2009). These programmes are tailor-made according with the vulnerabilities and needs of the labour market. Trainees enrolled may be entitled to a training allowance. As regards the data on the training programmes organized or co-organized by the LAB, please see the tables on pages 99 to 101 of the 2008 Yearbook of Statistics.

60. In order to ease the economic pressure of workers with low incomes or with serious financial difficulties, the MSAR Government established the Interim Measures for Allowance Supplementing Remuneration (Administrative Regulation 6/2008, as amended). The aim of such temporary measure is to provide financial support to those who have a full-time job of low income. Beneficiaries of such measure must have the status of permanent residents, aged 40 or above, and worked over 456 hours within that quarter in which they apply for the allowance (for workers of textile industry, and garment and leather good manufacturing industry, the minimum working time should be 128 hours per month), and received less than MOP$ 12,000 in that quarter (which means the average monthly income is less than MOP$ 4,000). The allowance amount shall be later calculated by the Finance Services Bureau (FSB), on a case-by-case basis and granted 4 times annually. In 2008, there were 9,364 beneficiaries, in the total amount of MOP$ 31,471,900.

61. For unemployed disabled persons, the MSAR Government adopted several approaches, including encouraging employers and NGOs to offer vocational training programmes, to promote barrier-free facilities and to facilitate the socio-laboral integration of persons with disabilities. To this end, employers are entitled to a subsidy of MOP$ 500,000 (art. 4 of Order of the Secretary for Economy and Finance 6/2004).

62. In 2009, the “On-Job Training and Employment Scheme” was launched, whereby employers are encourage (through subsidies) to hire unemployed persons who have difficulties in finding jobs due to their age, lack of professional skills or of the needed skills. When it started (April) 1,932 persons have joined the scheme; of which 75 found new jobs through the scheme, and 1,857 persons were hired directly from the labour market. Employers may be entitled to a monthly subsidy of MOP$ 3,500 for each employed worker (Order of the Secretary for Economy and Finance 6/2004).

63. The “Employment Assistance Training Programme for Middle-Aged Persons” (aged 45 years or above) started in 2006. A number of courses were provided to improve middle age workers skills and to re-qualify them in accordance with the market needs (e.g. beautician, assistant clerk, kitchen assistant, waiter/waitress and hotel housekeeper). Trainees may be entitled to an allowance. According to the “Employment Survey 2008”, 3,800 unemployed persons are 45 years old or above, making up 37.6 per cent of the total unemployed population. Among them, 2,800 persons had been searching jobs for over 4 months, representing up to 73.4 per cent of the unemployed population of this age group. Most of them are persons with low level of education and skills.

64. The SWB also launched, in cooperation with subsidized NGOs, the “Community Employment Assistance Programme” and the “Positive Life Service Programme” (both in 2004) to provide counselling and training to unemployed workers to recover their confidence, to promote their skills and to overcome the barriers of re-employment. In 2007, about 170 persons took part in the former programme and 12 of them re-joined the labour market directly and successfully, while for the later programme there were 233 new referred cases, and 150 of them have re-joined the labour market. Meanwhile, in 2003, there were 1,056 unemployed persons who benefited from the SWB financial assistance (total amount of MOP$ 10,702,692), while 1,539 benefited in June 2009 (total amount of MOP$ 66,128,953).

65. First-time job-seekers are also a concern of the Government. A set of incentives (e.g. through subsidies) is given to encourage employers to employ young persons, below 26 years of age, registered at the LAB, and that have secondary education level or above (hiring a young person with a bachelor degree means a subsidy of MOP$ 15,000, and with the secondary education level and no working experience of MOP$ 12,000 – Article 5 of Order of the Secretary for Economy and Finance 6/2004). In 2008, there were 1,400 first-time job-seekers and as of June 2009, there were 2,400.

66. The legal framework mentioned in the previous report regarding occupational health and safety is still accurate (e.g. Law 57/82/M, Law 37/89/M, Decree-Law 44/91/M, Decree-Law 34/93/M and Decree-Law 40/95/M, as amended). All workers benefit from healthy and safe working conditions and have the right to receive compensation for damages caused by work-related accidents and occupational diseases. Employers bear the responsibility to ensure a good working environment

67. Preventive measures to avoid work-related accidents and diseases, namely through education, training and dissemination of minimum standards are frequently carried out (based on a set of incentives and sanctions). As an outcome, the number of accidents decreased, taking into account the growing number of the employed population. The three main causes of occupational accidents are: “persons falling from height”, “pinch puncture wound or cut” and “use of excessive force or sprain”. The main work-related disease is pnemoconiosis (victims were from the construction industry). Fatal accidents occurred basically in the construction site and the reason for the rise of accidents is linked to the development of the gaming and real estate industries.

Accidents/Years/No. of victims	2003	2004	2005	2006	2007	2008	2009/06
Occupational accidents	4 102	4 605	4 956	5 570	4 928	4 467	2 351
Diseases work-related	5	7	2	1	3	-	-
Fatal accidents	9	2	15	6	15	12	2

68. During the period covered in the report, the LAB has conducted 29,783 occupational safety and health inspections at the different industries workplaces. For violations related to occupational safety and health, there were 46, 82, 39, 115, 123, 62 and 54 complaints from 2003 to June 2009, respectively, and there were fines in the total amount of MOP$ 266,000, 798,000, 338,000, 760,500, 670,000, 382,000 and 349,500 for the said period.

69. Article 27 of the BL expressly enshrines the residents’ freedom to constitute and to join trade unions, as well as the right to strike. MSAR’s legislation in force on this subject and on the right to collective bargaining remains basically unchanged.

70. Labour organizations are an active group in Macao society, acting politically and defending workers’ interests. In December 2008, there were about 223 labour organizations (194 worker’s associations and 29 professional work-based associations) registered at the Identification Bureau.

71. As stated in the previous report, representatives of the employers and labour associations have seats in the Standing Committee for Social Affairs, which is the advisory committee of the MSAR Government for socio-labour policies.

72. The right to social security is a constitutional right and it is the Government’s responsibility to develop the concerned policies and measures (arts. 39 and 130 of the BL, respectively). The two main social security systems addressed in the previous report — for the public and private sectors — have been subject to substantial improvements.

73. In the public sector, the Macao Pensions Fund (MPF) continues to be the entity responsible for the retirement benefits of the public workers. The public administration social security scheme has been described in detail in the previous report, as well as the source of its funds.

74. The major change in this area is the adoption of a new retirement scheme that entered into force on 1 January 2007 – the Provident Fund Scheme Regime (Law 8/2006, as amended, and Administrative Regulation 15/2006). This Fund is a retirement benefits plan provided by the MSAR Government to public workers based on contributions - both workers (7 per cent of a worker’s salary) and Government (14 per cent of a worker’s salary) contribute on a monthly basis at pre-defined contribution rates. Contributions are applied in investment plans and accumulated together with the returns of the investments.

75. All workers that have a contractual relationship with the Public Administration are entitled to enrol in the Provident Fund Scheme, except those from other public departments that have their own retirement benefits schemes, non full-time workers and workers that join the Retirement, Widow and Orphan’s Pension Scheme (Decree-Law 87/89/M) and the Judicial and Procuratorate Magistracies. Workers shall choose the application plan for their contributions, which cover different levels of risk (low – bank deposits; medium – bonds; or high – shares). The worker may switch his/her application plan 4 times a year, within a specific timeframe, so as to compose his/her own portfolio. Information/seminars are regularly provided for in order to assist the workers in managing their portfolio adequately by the MPF (as the responsible entity for the administration and execution of the Fund).

76. The period during which the worker contributes to the Fund is considered as the contribution time (counted in days). Recognition of past service time is also allowed in accordance with the law. The worker may redeem all his/her participation portfolio at one time or gradually within five years. The vested benefits shall be calculated according to a stipulated formula.

77. Cancellation of enrolment shall occur when the worker: (a) reaches the age of 65; (b) reaches the upper limit of sick leave; (c) is declared totally or permanently incapable for work; (d) is declared totally or permanently incapable for work as a result of a job-related accident or sickness, humanitarian act or dedication to the community; (e) is dismissed as a result of disciplinary procedures; (f) reaches termination of the work relationship; or (g) dies.

78. As of June 2009, there were 1,437 workers benefiting from the old retirement scheme (equal to the monthly salary or wage that the worker is entitled based on the number of years of service and the retirement date), 11,757 workers were subscribers of the Provident Fund Scheme and 201 persons benefited from the Widow and Orphan’s Pension Scheme (equal to 70 per cent of the retirement pension and all the allowances and benefits as prescribed in the applicable legislation).

79. In the private sector the Social Security Fund (SSF) continues to be the entity responsible for the social security schemes. Its income sources remain the same. Only workers who are holders of the Macao resident ID card and registered at the SSF are beneficiaries of the SSF benefits and their employers must be registered as contributors. Each worker contributes MOP$ 15 each month; each employer contributes either with MOP$ 30 or MOP$ 45 per worker. Self-employed people contribute with MOP$ 45 every month (Decree-Law 58/93, as amended). By December 2008, there were 335,805 registered beneficiaries and 32,480 registered contributors.

80. It should be noted that the regime of social security benefits mentioned in the previous report (e.g. old-age pension and invalidity, disability, medical care, birth, marriage and funeral allowances) and its extension to self-employed persons in 2002 has been regularly broadened to include more beneficiaries. From the previous eight self-employed professions, the number has been extended to 30 (Order of the Chief Executive 234/2004, as amended).

81. The old age pension, and the invalidity and social security allowances have been adjusted two times, being the latest change in 2008, in the amount of MOP$ 1,700, MOP$ 1,700 and MOP$ 1,115 respectively (Order of the Chief Executive 93/2008). To allow earlier access to the old age pension, persons with 60 years old or above may apply for its partial anticipation. They are only entitled to the full amount when they reach the age of 80 (Administrative Regulation 19/2008).

82. Measures were also undertaken to support unemployed persons and persons in vulnerable situations, such as families with low income or persons with disabilities or first time job-seekers. Administrative Regulation 6/2007 sets up the allowance regime for individuals or families with financial difficulties. The granting of these allowances is under the SWB responsibility. This Regulation shall be addressed in more detail in relation to article 10 of the Covenant.

83. Order of the Secretary for Economy and Finance 6/2004 also sets up a number of measures and incentives to support unemployed persons, first-time job-seekers, and the re-qualification and occupational training of unemployed persons as explained in relation to articles 6 and 7 of the present Covenant. The granting of these allowances/subsidies is under the FSS responsibility.

Years/Benefits	2003	2004	2005	2006	2007	2008
Old age pension (over 65)	8 723	9 764	10 820	11 991	13 811	16 101
Old age pension (60–65)	-	-	-	-	-	10 237
Disability allowance	771	795	868	915	1 056	1 228
Unemployed allowance	12 554	6 964	8 582	6 462	4 984	6 904
Sickness allowance	1 487	1 825	1 965	2 221	2 035	2 341
Birth allowance	1 886	1 830	2 199	2 562	3 117	3 379
Marriage allowance	917	1 243	1 309	1 506	1 630	2 032
Pneumoconiosis indemnity	5	4	2	0	3	0

84. The MSAR Government has spent MOP$ 795,483,235 in social security in 2003, and MOP$ 3,505,704,323 in 2008, representing respectively 6.84 per cent and 13.51 per cent of the total public expenditure.

85. As mentioned in the previous report, family is regarded as the fundamental unit of society, being protected by the constitutional (art. 38 (1) of the BL) and ordinary law (e.g. Law 6/94/M on the Legal Framework on Family Policy). Men and women enjoy the same legal status and are free to enter into marriage. The Civil Code of Macao sets legal majority at the age of 18 (art. 118).

86. In the MSAR, the term “family” has several meanings: (a) the relationship derived from marriage and adoption; (b) the relationship of a group of people who live under the same roof and/or share the same economic environment; (c) de facto unions or common law marriages and respective children; and (d) single parents and their children. Children born out of wedlock enjoy the same legal status as the so-called ‘legitimate children’.

87. In general, the MSAR legal framework on the rights and duties of spouses, on parental responsibility, on maternity and paternity, on child and elderly protection, and on family policy remains basically unchanged from the previous report.

88. The MSAR Government continues to be fully engaged in its responsibility vis-à-vis families by creating the necessary conditions and promoting their quality of life (art. 1 (2) of Law 6/94/M). The SWB by itself or in collaboration with other government departments or NGOs has adopted action plans and set up several mechanisms and measures to ensure the above goals. Local NGOs work in partnership with the Government and are encouraged and financially subsidized by the latter. Their work is carried out in a totally free and active manner.

89. As stated in the previous report, the SWB has identified the following key intervention targets: poor families, single-parent families, elderly families, families with old persons or chronically ill or with disabilities (Order of the Secretary for Social and Cultural Affairs 18/2003). According to the population’s needs, different types of services and assistance have been provided, such as financial aid; legal advice; referral service to other government departments (e.g. the Housing Bureau and the Health Bureau (HB)); boarding institution for children, youth or persons with disabilities, day care centres for the elderly or persons with disabilities or children; counselling and assistance in seeking jobs; counselling services for individuals or families; hotline counselling services; education, awareness campaigns and rehabilitation services for drug addicts or persons with gambling problems; canteen meal service for the elderly, individuals and families in need, temporary shelter for homeless and catastrophes’ victims; funeral service for the needy; rehabilitation bus and escort services for the elderly or persons with disabilities.

90. Allowances can be regular (e.g. allowances for those who live in seriously poor conditions, the elderly, persons with disabilities, chronically ill or single parent families), temporary (e.g. allowances for funeral, housing reparation, support of catastrophes’ victims, furniture/household goods, prosthetics and other specific medical equipment, health care, education fees and public transportation expenses), and exceptional (on a case-by-case basis). They are granted based on the individual/family concrete situation after the SWB assessment (Administrative Regulation 6/2007).

	2004		2005		2006		2007		2008
Years/No.	No.	MOP$	No.	MOP$	No.	MOP$	No.	MOP$	No.	MOP$
Economically impoverished	3 938	59 491 182	4 376	92 081 453	3 264	72 162 830	2 627	66 071 051	4 078	120 897 971
Single-parent	1 737	32 485 331	1 758	45 208 241	1 603	46 647 140	1 242	49 139 908	1 066	54 998 390
Chronically ill	817	11 938 551	866	13 599 709	863	15 660 280	864	20 740 890	1 036	29 535 087
Disabled	86	1 018 441	86	1 158 146	96	1 351 610	96	1 863 450	477	10 324 749
Suppl. assist.	125	723 134	49	145 649	59	179 975	39	121 572	57	486 502
Temporary	779	2 789 025	680	3 039 273	644	2 968 548	760	4 032 228	855	6 274 335

91. In relation to domestic violence, reference should be made to Committee’s recommendation (para. 122) on the need for the MSAR to intensify its efforts to combat domestic violence in many fronts (e.g. legislation, victim’s protection and assistance, and training). In this respect, it is important to note that domestic violence is already provided for and punished under article 146 of the MCC though not autonomously. Studies on the subject-matter are currently being conducted by the SWB and the Legal Affairs Bureau.

92. Meanwhile, several measures have been put in place to prevent, protect and rehabilitate victims of such abuse. The SWB has specialized workers for crisis intervention such as counselling, accompany the victims to the Public Hospital for physical examination and treatment and to the police station to file charges, finding temporary shelter, referral for legal advice, financial aid and submission of case reports to the Public Prosecution Office. For information on the type and number of domestic violence cases handled by the SWB, please see the table on page 201 of the 2008 Yearbook of Statistics.

93. Crisis intervention schemes (e.g. counselling, referral service and assistance) are also available for other situations, such as suicide attempts, child neglect and catastrophe event. NGOs that cooperate with the MSAR Government provide three support hotlines: the 24-hour Hotline “Life Hope” from Caritas, which started in 2003 and the 24-hour Hotline for Counselling and the 24-hour Hotline for Domestic Violence of Lai Yuen Centre of the Women’s General Association of Macao, both launched in 2005. The Lai Yuen and Good Shepherd Centre handled 49 cases of domestic violence in 2008 and 33 till June 2009.

94. The SWB and subsidized NGOs also carried out public awareness campaigns on the need to combat domestic violence, through posters, radio and TV and community activities. Training workshops on how to deal and advise a victim of domestic violence has been also offered by the SWB to its own social workers and via NGOs.

95. As regards the Committee’s recommendation (para. 123) on the need to make concerted efforts to combat the phenomenon of trafficking in persons and to provide adequate assistance to its victims, and on the request to provide detailed information on the measures taken to combat trafficking and commercial sexual exploitation of women and children, it should be pointed out that significant progress has been made in this respect as follows.

96. Law 6/2008 on the fight against trafficking in persons was adopted, introducing a new provision in the MCC – Article 153-A, under the title ‘trafficking in persons’. The definition of trafficking in persons contained therein concurs with the international law definition. The penalties provided for the crime of trafficking in persons correspond to the seriousness of the offence, which is categorised within the offences against personal freedom (immediately after slavery), ranging from 3 to 12 years of imprisonment in regard to crimes committed against adults, and from 5 to 15 years of imprisonment in regard to crimes committed against children. Extraterritorial jurisdiction and criminal liability of legal persons are established (art. 5 (1) (b) of the MCC as amended by Law 6/2008 and art. 5 of Law 6/2008, respectively). Criminal liability is provided for regardless of whether the offender is involved in an organized criminal group or not.

97. Law 6/2008 also establishes a comprehensive set of measures aiming to prevent and suppress the crime of trafficking in persons (e.g. training, awareness campaigns and cooperation), and to ensure victim’s rights and assistance (e.g. to clinical and psychological assistance, to an interpreter, to legal aid, to counselling, to shelter, to occupational training and to police protection). Victims of violent crimes may also apply for a special financial compensation that is granted even if the offender’s identity is not known or if, for any reason, the offender cannot be accused or convicted (Law 6/98/M).

98. In 2008, 23 alleged female victims requested assistance (one was under 16 years old); 22 were lodged in a shelter provided by the SWB and one in a NGO shelter. Twenty-two victims received financial assistance, 21 received counselling services and free specialized medical treatments. From January till June 2009, there were 4 female victims that requested the SWB assistance (one was under 16 years old). Victims stayed one to two months in the MSAR until they were returned to their place of origin/residence. Two victims were placed under police protection.

99. A Commission to Follow up the Implementation of Dissuasive Measures against Trafficking in Persons was set up in 2007 (Order of the Chief Executive 266/2007), as an inter-departmental and multidisciplinary body with a mandate to diagnose, evaluate and study the social aspects of trafficking in persons in the MSAR; to promote its sociological research and analysis; to issue recommendations; and to monitor the activities of the departments which fight against trafficking in persons in the perspective of its prevention and of protection and social reintegration of the victims.

100. The Commission has been actively involved in most of the actions carried out to prevent and suppress such crime, in cooperation with other government departments and NGOs, such as running awareness campaigns (to the general public and especially for potential victims at border arrival halls in different languages and using different media); setting up two 24-hour hotlines; providing shelter and assistance programmes for the victims; promoting seminars and training with local and invited experts from abroad (mostly targeting law enforcement agents, legal experts, social workers and health-care professionals and NGO staff), planning operational and victims referral guidelines to police forces, HB and SWB, as well as enhancing international cooperation, especially with the neighbouring regions.

101. As regards child protection, it should be noted that the 1993 Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption; ILO Convention No. 182 (1999) concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour ; the 2000 Optional Protocols to the Convention on the Rights of the Child, on the Sale of Children, Child Prostitution and Child Pornography and on the Involvement of Children in Armed Conflicts are now applicable to the MSAR.

102. It should also be recalled that the principle of the best interest of the child is taken into consideration in all decisions, policies and adopted measures concerning the child.

103. In May 2007, a Strategy Plan for the Comprehensive Development of Youth of Macao was formulated aiming at enhancing moral education, advocating love for the country and the sense of belonging to the MSAR, encouraging the realisation of one’s potential and creativity and promoting young people development. The Youth Affairs Council is the main consultative body to assist and assess the Government’s youth policies. Other relevant Commissions have also been set up in partnership with the civil society, which are mentioned throughout the report.

104. The SWB, in cooperation with NGOs and other government departments such as the EYAB, plays an important role in the field of child protection, especially as regards minors deprived of a normal family environment or victims of maltreatment or negligence or domestic violence or other situations which have endangered their well-being, health, moral up-bringing or social integration problems. The SWB also monitors the operation and quality of the services and facilities provided to them.

105. In June 2009, there were 27 nurseries (2,915 infants and with an occupation rate of 92.7 per cent), and eight children and youth homes and one boarding school that received subsidies from the SWB on a regular basis for minors who are abandoned, orphans, or could not adapt to society and the family (306 children and with an occupation rate of 50.6 per cent). There are also two Community-Youth Working Teams focused on providing outreaching service to youth in need. The core services include: outreaching work, life and career development of youngsters, support services and prevention of drug abuse for families or children and youth that are at risk, inter alia, through counselling, therapies and group developing programs and activities.

106. The Government has been successively funding children and youth services and facilities, from 2003 till 2008, in the total amount of MOP$ 39,611,361, MOP$ 40,084,466, MOP$ 42,362,223, MOP$ 47,500,180, MOP$ 57,311,474 and MOP$ 67,311,474.

107. The age for criminal responsibility is set forth at 16 (art. 18 of the MCC). Minors under the age of 16 are not criminally liable however they are subject to the juvenile system law, wherein an educational regime and adequate measures shall be applicable depending on their social and educational needs (Law 2/2007). The Young Offenders Institute (YOI) is the entity under the Legal Affairs Bureau responsible for the teaching, education and re-education, vocational guidance and training of juvenile offenders. The EYAD assists the YOI in providing basic education. It should be noted that young offenders aged 16 are housed with prisoners aged until 21 in separated blocks in the MSAR Correctional Facility (art. 7 (2) of Decree-Law 40/94/M). For data on the number of minors by gender and age under the responsibility of the Macao Correctional Facility and the YOI, please see the tables on pages 232 to 233 of the 2008 Yearbook of Statistics.

108. The ageing population and their well-being is also a primary concern of the MSAR Government. An action plan and a specialized Commission — the Commission for Senior’s Citizens Affairs (Order of the Chief Executive 307/2007) — comprised of members of the Government, 10 NGOs and 5 individuals of recognized merit within this area of intervention have been set up. The policy agenda for the elderly aims at promoting a sense of security and belonging, as well as ensuring ageing with dignity by involving the family and the overall community. Legislation is also being studied to improve their living conditions. Meanwhile, some concrete measures have been undertaken as follows.

109. The SWB continues to support at different levels and according with their needs the elderly who live alone or who live in poor conditions, or families with elderly (e.g. homecare, nursing and health care, day centres, meal services and financial assistance). Currently there are three day care centres that provide personal care, nursing rehabilitation and social activities, 4 Homecare and support services, 9 Homes for the elderly, 30 Multi-service Centres (7 day centres and 23 activity centres) that provide comprehensive and integrated services such as social and recreational activities, with a view to maintain them in contact with their family and the community. Meals, laundry, bathing, hair-cut and on-site homecare are also provided by these Centres. In addition, one subsidized NGO provides personal care and support to the elderly that live alone, covering regular home visits and daily life support upon request. Different activities are also organized on a regular basis, such as excursions, visits, gatherings, seminars, etc.

Examples of social services/facilities and number of beneficiaries between 2003–2009

No. users/Years	2003	2004	2005	2006	2007	2008	2009/06
Homes for the elderly	643	638	637	637	630	648	710
Day centres the elderly	2 312	2 272	2 627	2 204	2 167	2 284	2 362
Day care centres the elderly	336	393	506	418	665	641	946
Activity centres for the elderly	4 644	4 676	4 784	4 923	6 075	5 114	4 825
Home help services	421	461	672	643	533	523	515
Services for elderly that live alone	582	596	630	639	694	957	1 330

110. In 2005, the MSAR Government decided to grant all persons aged 65 or above, holders of MSAR permanent residence status an annual allowance of MOP$ 1,200, subsequently increased to MOP$ 1,500, MOP$ 1,800, MOP$ 3,600 and MOP$ 5,000. The number of beneficiaries range from 33,789 (MOP$ 40,540,800) in 2005 to 41,653 in 2009 (MOP$ 208,265.000). Moreover, holders of the SWB’ senior citizen card (i.e. permanent residents aged 65 or above) are entitled to enjoy discounts, fee concessions or special benefits offered by government departments and other public or private organizations that have joined the project (e.g. supermarket, shows, theatre, hotel, medical consultation and banks).

111. In 2009, a 24-hour emergency and assistance hotline for the elderly was set up (“Peng On Tong Tele-assistance Emergency Services”) by a subsidized NGO aiming at assisting the elderly in case of emergency and need. The services include: calling ambulance; contacting the relatives or other persons; and providing regular care reminders or social contacts. Since its establishment, the hotline accounted 650 users/phone calls.

112. Another key-element of the Government’s policy (“Family Care, Ageing in Place, Participation and Active Ageing”) is to outreach the community by promoting joint recreational, cultural and occupational activities with the elderly wherein family values, self-esteem and care are encouraged. Such activities are jointly carried out with local NGOs and community centres, such as the “International Day of Older Persons” held in October every year.

113. The MSAR government also pays special attention to persons with disabilities. In this regard, it is worth mentioning that the Convention on the Rights of Persons with Disabilities is applicable to the MSAR and that the Commission for the Rehabilitation of Persons with Disabilities (composed of members of the Government, 15 NGOs and five individuals of recognized merit within this area of intervention) has been set up in 2008 to better promote and protect the rights and interests of these persons, specially by strengthening the core values of equality and non-discrimination, upholding social inclusion and a barrier-free life.

114. The Government’s policy and programme is based on the concept of the development of social inclusion and rehabilitation services to maximise their autonomy and active social participation through an array of community-approach measures involving individuals, families and social institutions. Education and public awareness play a key-role in this goal. For this purpose, the SWB together with other departments and NGOs regularly organizes different type of activities to assist and promote the quality of life of persons with disabilities as well as their integration into the job-market, while stimulating community awareness and sharing of responsibilities. In addition, the HB offers them free basic health care and specialized care services. Any person or family that has a member with a disability may apply for a SWB beneficiary assistance card or address directly the HB for free specialist care services.

115. Persons with disabilities who are in need of residential/day care services may apply to the SWB. Assessment, referral and follow-up are then undertaken, so these persons or their families can receive the appropriate services. In 2005, an Assessment Centre for Rehabilitation was set up in the Rehabilitation Service Division of the SWB with this function. A comprehensive multi-disciplinary assessment is provided and a set of subsidies and services/facilities are available. In 2008, this Division handled a total of 235 applications, which are mainly related to residential and day care services, temporary services, and submission of community reports based on the request of the judicial authorities.

116. There are a number of rehabilitation services and facilities offered by the SWB in partnership with the NGOs, inter alia, homes for children and adults with disabilities, developmental disorders of early childhood education and training centres, day respite centre for children with intellectual disabilities; day care and vocational training centres for discharged mental patients or halfway houses for discharged mental patients; community support services for the mentally ill, hearing/language-impaired children in early education and training centres, rehabilitation bus and non-emergency medical escort services. For persons with intellectual disabilities there are activity and vocational training centres, subsidized skills development and employment assistance centres. A number of community-based centres and rehabilitation services have also been set up. Currently, there are 14 of these centres while in 2003 there were only 9.The total amount of financial subsidies (regular and temporary) granted by the SWB to these facilities was MOP$ 59,752,507 in 2008.

Examples of social services/facilities and number of beneficiaries between 2003–2009

No. users/Years	2003	2004	2005	2006	2007	2008	2009/06
Residential rehabilitation	334	335	323	327	325	320	318
Day care centre	753	822	832	855	865	951	723
Vocational training/employment centre	133	175	185	239	295	296	241
Education/pre-school centre	166	188	195	198	186	180	193
Bus/escort service	131	411	476	697	1 090	1 275	522

117. In accordance with the 2006 By-Census, there were 8,289 persons with disabilities in 2006, of which 4,749 were female and the majority of these persons aged 40 years above. Chronic illness (3,163), impaired limbs and trunk (1,935), other disabilities (1,711) and visual impairment (1,019) are the main disabilities types.

118. The 1951 Convention relating to the Status of Refugees and the respective 1967 Protocol are both applicable to the MSAR and implemented through Law 1/2004, which establishes the domestic procedures for the recognition and declaration of loss of refugee status. This Law also establishes a multidisciplinary commission (Commission for Refugees) responsible for analysing the applications and for submitting them to the Chief Executive, on whom the final decision lies. This process is followed by the UNHCR, in accordance with international law’s criteria to which the internal law directly refers (art. 4 of Law 1/2004).

119. A person who is granted refugee status shall be entitled to identification and travel documents, and shall be treated in the same manner as any other person legally authorized to live in the MSAR. If the application is denied, the applicant has the right to appeal, in 15 days from the notification date, to the Court of Second Instance.

120. While the decision is pending, an applicant is entitled to be informed of his/her rights, to contact the UNHCR, to an interpreter, to legal protection, to confidentiality, to free legal advice, to extend his/her application to the spouse and children, to have basic human living conditions (e.g. food, accommodation and a monthly financial aid) and to additional support in case of need (e.g. referral to medical care and placement of minors in schools). Three families (7 individuals) benefited from such assistance in 2004 and 2005; 4 families (9 individuals) in 2006 and 2007; seven families (15 individuals) in 2008 and six families (14 individuals) till June 2009. The amount spent from 2004 to 2009 was MOP$ 95,500, MOP$ 123,640, MOP$ 164,330, MOP$ 171,590, MOP$ 358,290 and MOP$ 311,860, respectively. Social and financial support may be maintained after the recognition of the refugee status in case of need.

121. Macao has a small geographical area with 29.2 km² and highly populated with typical urban features. It has an estimate population of 544,100 (as to June 2009) and a GDP per capita of MOP$ 316,143 (US$ 39,377). General indicators on quality of life, such as air quality, green areas, water consumption are provided for on pages 35 to 36 of the 2008 Yearbook of Statistics.

122. The MSAR Government continues to be fully engaged in its on-going mission to improve the living conditions of its residents. A number of target programmes, mechanisms and special assistance measures have been introduced to ensure to all the right to live with dignity and to help individuals or families that are in a vulnerable situation, as explained in relation to articles 6, 7 and 10 of the Covenant.

123. The SWB provides a wide-range of social security benefits to strike poverty and social exclusion (Decree-Law 52/86/M, as amended), including financial assistance to those individuals/families that live below the poverty line (i.e. a person’s monthly income equivalent or less then MOP$ 2000 or a couple’ monthly income equivalent or less then MOP$ 3,470). Those allowances covered a wide-range of benefits and are granted to ease the economic pressure of these families (Order of the Secretary for Social and Cultural Affairs 18/2003 and Administrative Regulation 6/2007). In 2003, 2,151 families/individuals in vulnerable condition benefited from the SWB financial assistance (total amount of MOP$ 6,919,941), while 2,868 benefited in June 2009 (total amount of MOP$ 13,706,341).

124. As regards unemployed persons apart from financial assistance granted by the SWB and the SSF, in 2004, 4 subsidized NGOs started to provide counselling service and training to jobless persons to facilitate their re-entry into the labour market. In addition, in 2006, the Government decided to continue to grant financial aid for 3 consecutive months to those individuals that found work even if their assessable earnings were above the SWB’s minimum subsistence index. The SWB beneficiaries’, whose income was still within the minimum subsistence index, would be entitled to continue to receive the SWB financial aid for 1 year. Sixty-nine families (223 individuals), 332 families (1,042 individuals), 478 families (1,550 individuals) and 343 families (1,112 individuals) benefited from this scheme of partial earning exemption from 2006 till June 2009, respectively (art. 21 of Administrative Regulation 6/2007).

125. In 2008, due to the global financial crisis, the Government launched the “Wealth Partaking Scheme” granting to MSAR permanent residents a premium of MOP$ 5,000 and to non-permanent residents MOP$ 3,000 (Administrative Regulation 12/2008). In 2009, such policy was followed and the amount rose to MOP$ 6,000.00 to permanent residents and MOP$ 3,600 to non-permanent residents (Administrative Regulation 13/2009). The Government spent a total of MOP$ 2,554,806,000 that reached 537,000 beneficiaries.

126. Acknowledging the importance and need to ensure the quality and security of food consumption, the Government gives special attention to the dissemination of information, training and awareness campaigns on food quality and safety, on the importance of breast-feeding, of healthy-balanced diet and lifestyles, and on the prevention of chronic diseases and risk behaviours. Such task is mainly carried out by the SWB at the Homes/Centres for children/youngsters and the elderly (art. 26 (1) of Administrative Rule 160/99/M), by the EYAB at nurseries, kindergartens and schools (art. 20 of Administrative Rule 156/99/M), and by the HB at health-care centres.

127. Periodic evaluation of the growth, the nutritional education and instruction as well as supply of multivitamins and other supplements to infants, are part of the child health-care programme. The percentage of low birth weight (<2,500 gr.) was of 6.4 per cent, 6.7 per cent, 6.4 per cent, 7.1 per cent, 6.9 per cent and 7.4 per cent from 2003 to 2008.

128. In order to promote breastfeeding and to increase the breastfeeding rate in Macao, the HB Breastfeeding Promotion Group has undertaken a set of measures, such as training courses for health professionals, the promotion of the International Breastfeeding Week, seminars on breastfeeding for pregnant mothers, awareness/promotion campaigns (e.g. display of leaflets, posters, TV and DVDs). The breastfeeding rate has risen from 68 per cent in 2005 to 81 per cent in 2008.

129. After one local and one global pandemic disease (dengue fever in 2001 and SARS in 2003), school awareness on health issues was put at a highest level (Health Promoting School Project (HPS)). Two schools were selected in the pilot stage in 2001 and five schools gained healthy school awards in 2005. In 2008, the HB and the EYAB launched a “Healthy eating in school” programme, where schools are invited to promote healthy eating behaviour through health education and activities, such as Healthy Truck Shop and the School Fruit Day.

130. Taking into account that the MSAR is mainly an importer of food, the Government, through the Civic and Municipal Affairs Institute (CMAI), ensures that the importation, storage, distribution and selling of food into the domestic market is carried out in accordance with the highest security and hygiene standards. Food monitoring, control and surveillance are carried out through regular inspections. Sanitary control of primary fresh produce and animal origin foodstuffs imported into the MSAR is carried out, through routine sanitary inspection at the entry ports, slaughter houses and food-animal storage facilities. The CMAI has gradually strengthened cooperation with its neighbouring authorities in this area in order to ensure safe and quality food for public consumption.

131. The MSAR Government provides shelter to the homeless and temporary housing to individuals who have financial problems and are incapable of acquiring or renting accommodation or have housing reallocation problems. A local NGO (subsidized by the SWB) provides shelter and meals for homeless. From 2003 till June 2009, there were respectively 34, 38, 13, 8, 13, 12 and 18 persons living in the shelter. The SWB also provides allowances to buy household goods or for basic home improvement, such as electricity rewiring, as explained in relation to article 10 of the Covenant.

132. Due to the rising cost of real estate, the SWB has provided, since 2003, a house rent allowance to the families that can not afford to pay their rent. A total of 21 families (47 individuals), 19 families (51 individuals), 5 families (16 individuals), 220 families (478 individuals), 74 families (180 individuals), 407 families (828 individuals), and 451 families (957 individuals) benefited from such allowance from 2003 till June 2009, respectively. In addition, the social workers of SWB may also refer to the Housing Bureau for the attribution of a social housing unit to the neediest families.

133. As mentioned in the previous report, the public housing allocation scheme is divided into two major categories: economic houses (Decree-Law 26/95/M, as amended) and social houses (Decree Law 69/88/M). New legislation is being prepared to improve the regime of social housing, in particular to reach all the vulnerable situations. In June 2009, there were 5,667 families living in social housing units (15,108 individuals) and 5,847 families on the waiting list (12,477 individuals).

134. Aware of the shortage of social houses vis-à-vis its demand, the Government has developed a plan where: (a) new social houses are already under construction in five key areas of the Macao Peninsula, Taipa and Coloane; (b) urban reclassification and social housing construction is being planed in the three areas that need more social intervention; and (c) new land for construction of social housing shall be reserved on future sea reclamation areas.

135. The information provided for in the previous report related to the legal framework and main policies on environment protection (e.g. control of air pollution, control of noise pollution, water control quality, and solid waste management) are still valid. However, some institutional changes occur, such as the establishment of the Healthy City Commission (Order of the Chief Executive 71/2004), the Transport Bureau (Administrative Regulation 3/2008), and the Environmental Protection Bureau (Law 6/2009 and Administrative Regulation 14/2009).

136. The Healthy City Commission is a consultative body, and one of its mains tasks is to develop an action plan for Macao where urban planning and management, health and environment protection and improvement of the quality of life of the population are major aims, while the Environmental Protection Bureau is the main government body responsible for the MSAR’s environment policy, co-ordination and cooperation. Environmental management is conducted together, inter alia, with the CMAI and the HB.

137. In this area, the CMAI has also taken several measures to improve the living conditions of the population, such as: (a) the improvement of the sewage system (i.e. replacement and reconstruction of the old combined sewers into foul and storm sewers; (b) the adoption of maintenance and mitigation measures to alleviate flooding at the black spots (flooding spots have been reduced from 42 to 9); (c) the replacement of garbage bins to refuse stations (the CMAI has built 21 refuse stations and the amount the garbage bins has decreased from 1,500 to 635); (d) the launching of recycling campaigns in particular the “Household waste, separation and recycling programme”; and (e) the improvement of environmental hygiene (public toilets obtained the ISO14001:2004 approval and received the International Environment Management System certificate from the SGS by implementing energy saving and waster saving measures).

138. To prevent the transmission of Dengue Fever disease and other contagious diseases, the CMAI cooperates with the HB in cleaning hygiene black spots and inspecting construction sites and promoting awareness campaigns, such as “Dengue fever control”, “Healthy Apartment programme” and “Anti-disease cleaning programme”.

139. The renewal of public open areas is also a priority, for instance the increasing of the pedestrian network, the embellishment of squares and historical areas, and the upgrading of the landscape (e.g. green areas, hiking trails and open areas for leisure). At present, Macao has 51 public recreational and leisure areas located in Macao and its islands, with 907 outdoor fitness equipments. Activity centres around Macao have also been set up to provide a variety of cultural, leisure and recreational facilities, such as exhibition area, auditorium, libraries, studying and IT areas (with free access to computers and internet service). In addition, a high-capacity and multi-modal public transportation system is also being studied and coordinated by the Transportation Infrastructure Office in order to improve the existing road/transports network and environment, such as the Light Rapid Transit (LRT) system.

140. International and inter-regional cooperation are also vital and the MSAR Government has joined efforts towards a sustainable regional environment approach with the Hong Kong SAR, Guangzhou, Shenzhen, Zhuhai and other cities of China.

141. The population of Macao was estimated at 544,100 as at 30 June 2009, down by 1.4 per cent year-on-year, due to a decrease of non-resident workers. The top three underlying causes of death were Neoplasms (268 cases), Diseases of the Circulatory System (242 cases) and Diseases of the Respiratory System (108 cases). There were 2,449 cases of Notifiable Diseases, consisting mainly of Hand, foot and mouth diseases (698 cases), Influenza (578 cases) and Influenza A/H1N1 (Swine flu) (33 cases). In accordance with the 2008 data, the proportion of the youth and elderly population was 12.7 per cent and 7.5 per cent, respectively. Between 2006 and 2009, the average life expectancy was 79.4 years for men and 85.2 years for women. For the major demographic indicators, please see the tables on pages 59 to 60 of the 2008 Yearbook of Statistics.

Health system, main policies and measures adopted to ensure the right to health

142. According to article 123 of the BL, the MSAR Government shall, on its own, formulate policies to improve medical and health services and to develop western and traditional Chinese medicine. Community organizations and individuals may provide various medical and health services in accordance with law. The healthcare system offers a comprehensive range of preventive, curative and rehabilitative services and includes the Health Centres that provide medical and health-care services and the Hospital Centre S. Januário (CHCSJ) by referral from Health Centres. The CHCSJ is equipped with modern medical equipment, and provides specialized health care and rehabilitation services (in the Emergency, the Internment and the Out-patient Consultations). The primary health care net is constituted by six health centres and two health stations. The Centre for Disease Control and Prevention (CDC) is responsible, inter alia, for disease surveillance, education and promotion of health, and community health surveillance.

143. Health-care costs are fully or partly covered by the Region's budget, depending on the type of illness or the socio-economic condition of the patient or other private health-care protection schemes (arts. 3 and 14 of Decree-Law 24/86/M, as amended). The cost of medical consultations, as well as general medication, is affordable to most of the population. Medical consultations cost MOP$ 42 to residents, MOP$ 60 to non-resident workers and MOP$ 120 to visitors. Additionally, a system of health-care vouchers has been implemented to lower the health costs of Macao citizens whenever they recur to private clinics, in the amount of MOP$ 500 (Administrative Regulation 15/2009).

144. Free health care (medical care, nursing and medication) is provided to the following categories: pregnant, parturient and puerperal patients, children aged 10 or below; primary and secondary school students; indigents; persons aged 65 or above; holders of the SWB beneficiary card; carriers of infectious-contagious diseases; drug addicts; persons with malignant tumour or mentally ill; and prisoners.

145. The available health facilities comprise three hospitals, the CHCSJ and two private – the Kiang Wu Hospital, in Macao and Taipa). There are 492 primary health-care establishments (including public health centres and private clinics), more 89 than in 2003, and 226 Chinese medicine and therapy establishments, more 23 than in 2003. In 2008, there were 2.3 doctors, 2.5 nurses and 0.8 doctors of Chinese medicine and 1.9 hospital beds per 1,000 individuals. Hospital bed occupancy rate was of 78.4 per cent. While, in 2003, there were 2.1 doctors, 2.3 nurses, 0.5 doctors of Chinese medicine, 2.19 hospital beds per 1,000 individuals. And, the hospital bed occupancy rate was of 63.7 per cent.

146. The Psychiatry Department of the CHCSJ continues to provide comprehensive psychiatric services including consultation-liaison, outpatient consultation, 24-hour emergency as well as in-patient services. In 2005, the CHCSJ Psychiatric Centre was established on Taipa, it has 5 floors and a total floor area of over 7,300m². The Mental Health Commission (Decree-Law 33/99/M) and the Macao Psychiatric Association were both established in 2005. Compulsory detention and compulsory treatment of people suffering from mental illnesses is regulated in Decree-Law 31/99/M, as mentioned in the previous report. Currently, there are five persons under compulsory internment, 1 male and 4 female.

147. The HB promotes vocational training for its personnel every year, either locally (such as inviting foreign experts and scholars) or abroad. The training programmes depend on the actual demands of each concerned department. As June 2009, there were 21 training programmes for 429 trainees, while in 2008 there were 84 training programmes for 1,483 trainees.

148. The MSAR’s health policy foresees specialized care and services for the elderly. As such, the HB provides health examinations, diagnosis, treatment and control of various common illnesses, especially chronic diseases such as hypertension and diabetes, for residents aged above 13. It also offers laboratory tests, supplementary check-ups and refers cases as deemed necessary. Health Centres in cooperation with other government departments and NGOs undertake medical and nursing care for persons with severe or advanced diseases or those with lack of mobility, such as home visiting and nursing.

Years/No.	2003	2004	2005	2006	2007	2008	2009/06
No. of attendants of adult health care	248 899	257 627	257 547	254 564	267 931	286 141	330 415
No. of attendants in TCM*	17 705	15 571	16 699	18 051	27 478	34 900	30 276
No. of home visiting	1 753	1 321	1 141	997	684	118	156
Average visits of the elderly	4.64	4.50	4.26	3.63	3.75	3.56	3.27
Coverage rate of elderly health care (%)	47.68	47.42	45.35	56.71	50.87	51.12	-

149. The programme for maternity and child health care described in the previous report remains basically unchanged. The health-care network provides general and specialized care services to them, such as health education, immunisation, comprehensive prenatal and postpartum screening and check ups and family planning.

150. Engaged in reducing infant mortality the HB improved the immunisation programme of children from childbirth up to 6 years and adopted a set of strategies to prevent and control the outbreak of infectious diseases. To this end, new vaccines were added to the vaccination programme (Order of the Chief Executive. 222/2007 and Administrative Regulation 16/2008) such as the MMR vaccine in 2003, the chickenpox vaccine and the Haemophilus influenza type b (Hib) both in 2007. The immunisation coverage rate for infants in MSAR is high with an average of 90 per cent in 2008. For data on the MSAR’s vaccination programme, please see the table on page 147 of the 2008 Yearbook of Statistics.

151. As stated, health education plays a key role in the Government’s health policy. To eradicate malnutrition, health and education programmes have been implemented in cooperation with the EYAB, the SWB and NGOs, through the maternal-infant networks and nurseries, school curricula and school activities and through community-based activities. Topics as health prevention and treatment, promotion of healthy lifestyles, prevention of high-risk behaviours, and children’s rights are addressed in these programmes.

152. Neonatal screening includes congenital hypothyroidism (CHT), phenylketonuria (PKU), congenital adrenal hyperplasia (CAH), glucose-6-phosphate dehydrogenase deficiency since 2004. It should be noted that young women at the age of 13 have access to gynecological consultations.

Years/No.	2003	2004	2005	2006	2007	2008	2009/06
No. of attendants in prenatal care	12 002	13 963	17 602	18 719	21 476	23 102	25 464
No. of attendants in family planning	33 478	44 483	43 120	40 755	40 624	41 370	45 250
Average visits of pregnant women	4.67	4.27	4.94	4.71	4.89	4.81	4.80
Early utilization rate of pregnant women (%)	23.33	20.41	55.52	65.06	74.76	76.23	77.54
Coverage rate of prenatal care (%)	80.07	98.76	88.83	88.54	89.20	93.92	111.33

153. During the prenatal check-up, and within the required blood tests, one is HIV testing. The HIV testing service was extended to private clinics in 2005. From the period covered in the report, there have been 28,235 pregnant women tested and only one of them was found to be HIV positive. Moreover, in accordance with the WHO guidelines, HB has developed the protocol of prevention of mother-to-child transmission of HIV. In case, a pregnant woman is found infected of HIV, health-care workers conduct measures of chemical prophylaxis to prevent vertical transmission to safeguard the baby’s health.

154. To control HIV transmission among sex workers, the HB continues to conduct HIV testing and counselling service to all imported workers in the entertainment industry (EIWs). These women undergo HIV testing in their first application working visa, and have to be re-tested every three to four months in order to have their visas renewed. In 2008, 1,082 EIWs where tested and a total of 5,267 HIV tests were conducted, while 1,193 EIWs where tested and 5,215 HIV tests where conducted in 2009. Information on sexually-transmitted diseases and HIV/AIDS and the distribution of leaflets (in different foreign languages), condoms and lubricants is also provided.

155. For those sex workers based in hotels, guesthouses, private homes and streets, the HB has been providing support to outreach services targeting this specific group and has build partnerships with the hotels and guesthouses to promote prevention of sexually-transmitted diseases and HIV/AIDS at their settings, in particular through two subsidized NGOs that provide different outreach services. From April to June, 2009, 101 outreach visits were conducted and 2,960 female sex workers contacted. A research on “Female sex workers and Entertainers in Macao: health behaviour assessment, education and prevention” was also conducted to develop target-oriented polices.

Years/No.	2003	2004	2005	2006	2007	2008	2009/06
Hospital and health centres	1 974	2 039	2 930	3 156	3 519	3 369	1 716
Prenatal	1 650	2 072	2 254	2 538	3 010	3 329	1 811
Injecting drug users	211	303	209	201	210	184	76
Prisoners	386	454	401	424	399	468	320
Sex-workers	3 700	3 962	4 176	4 329	4 811	5 273	2 496
People suspected to be infected with tuberculosis	406	499	333	322	312	262	174
Unlinked and anonymous surveillance	7 367	7 531	8 869	7 781	11 351	13 114	6 509

156. Actually, the MSAR enjoys a low prevalence of HIV. In June 2009, five persons were HIV seropositive (three males and two females) while in 2008, there were 22 persons (14 males and 8 females). Families of the infected persons are subject to express referral and counselling services. For those infected persons with economic difficulties, they will be referred to the SWB.

157. In 2005, the Commission on the Fight against HIV/AIDS was created (Order of the Chief Executive 364/2005), comprising Government members and 10 NGOs. The Commission has five main tasks: (a) to formulate programmes for HIV/AIDS prevention and control and to coordinate their effective implementation and assess their outcome; (b) to supervise the collection, handling and monitoring of HIV/AIDS-related information; (c) to study the local situation; (d) to coordinate awareness and prevention campaigns with other departments and NGOs information; and (e) to promote among public and private entities projects on research, information, prevention and control.

158. Progress was achieved at many levels, for instance (a) the implementation of harm reduction programmes; (b) the conduction of more than 20 training courses for over 1,000 doctors, social workers, teachers and NGO staff; (c) the setting up of a monitoring and exchange information platform (the “Pearl River Delta Region HIV Electronic Platform”) with the neighbouring regions; (d) the setting up of a 24-hour hotline service; and (e) cooperation with NGOs, schools and universities. A research on “Sex education curriculum in Macao” was conducted in 2008. In the meantime, the EYAB with the Nurses Association set up a “Youth Sex Hotline” to provide information and counselling to youngsters (in 2007). Seminars/workshops have been organized (with over 500 participants) for primary and secondary school for teachers, youngsters and their parents, raising awareness on sexual risk behaviours and on the prevention of sexually transmitted diseases. Activities have also been carried out at university level (e.g. HIV/AIDS week and seminars).

159. The Methadone Maintenance Program (MMP) to control HIV/AIDS transmission on high-risk groups started in 2005. As of June 2009, more than 200 drug users received such treatment provided by the Drug Treatment Complex Centre under the Treatment and Social Rehabilitation for Drug Dependence Division (SWB) which shall be extended to prisoners in 2010. The use of safe needles is another important harm reduction measure. The Commission has subsidized NGOs to set up an outreach Centre and to provide health education, nursing care, social support, free clean syringes and recycling boxes of used syringes for the drug users.

160. The HIV Surveillance Strategy continues to be carried with specific approaches – i.e. to individuals, to the general public and to high-risk groups. Awareness-raising campaigns on sexual and reproductive health services and infectious diseases continue to be conducted, e.g. the World AIDS’ Day and the “Community Red Ribbon Action-AIDS Education Funding Scheme” in 2007. From 2007 to 2009, 48 programs were selected and about 70 community-based activities were held with over 18,000 participants. The setting up of a HIV/AIDS website, “AIDS Concern Website” (www.aids.org.mo) and a discussion forum in 2009, “Knowing Sex”, on Cyber CTM are examples of these outreach programmes.

161. As regards contagious diseases, the CDC has developed several strategies aiming at preventing and controlling their outbreak. Law 2/2004 on the Prevention, Control and Treatment of Contagious Diseases sets up a list of diseases and a number of preventive measures in order to avoid the risk of propagation of contagious diseases, such as: the duty of any person who enters the MSAR to declare his/her health condition, or, in case of danger to public health, to declare specific health information, to present medical certificates or declarations, or to be subject to a medical exam. The entry of animals, goods or other products may also be subject to control or restrictions. Such actions will be conducted by the HB and other competent sanitary authorities. The mechanism that sets up the mandatory declaration on contagious diseases and respective administrative sanctions is regulated in Administrative Regulation 15/2008.

162. The MSAR’s strategy is divided in 3 core areas as follows: surveillance, investigation and intervention. In response to SARS, pandemic influenza A/H1N1 and other infectious diseases, the CDC has adopted 4 main measures: (a) information collection and advice-giving; (b) community prevention and control; (c) technical guidance; and (d) training to identify the early threat of the disease, to monitor its progress, to properly assess its characteristics and adopt the appropriate prevention and control strategies. Two co-ordination centres were created for the SARS and H1N1 outbreaks (Orders of the Chief Executive 265/2008 and 209/2009, respectively), and a list imposing restrictive measures to prevent the spread of the H1N1 was enacted (Order of the Chief Executive 227/2009).

163. In addition, in cooperation with other departments, private entities and NGOs, the CDC has implemented a set of measures to reduce the spread of the disease, such as awareness campaigns, body temperature check (e.g. at government departments, schools, hospitals, museums and border arrival halls), free distribution of protection masks at the health centres and free hand-wash disinfectant at public places.

164. The Public Health Laboratory of the HB conducted the Real-Time PCR test to detect the SARS (since 2003) virus and Influenza A/H1N1 (since 2009) for early detection and diagnosis. As regards SARS, 206, 99, 23, 7, 7 and 9 tests were conducted from 2003 to 2008, respectively, while 1,018 tests were conducted in 2009 in relation to Influenza A/H1N1. In the 2003, there was only one imported case of SARS registered in Macao, and no death case. As of June 2009, Macao has managed successfully to postpone the appearance of pandemic influenza A/H1N1, there were only 33 persons infected (15 females and 18 males) with ages ranging from 3 to 61. Thirty-two were hospitalised. The MSAR Government intends to start offering free vaccination against influenza A/H1N1 by November 2009.

165. The importation of medicines is controlled through licensing. Only local licensed importers of medicines are qualified to apply for a permit to import medicines to Macao. Their importation is subject to the approval of the HB which also monitors their circulation and storage in the local supply market through routine inspection on pharmaceutical premises, by checking the expiry date of drugs on-site premises and by raising awareness of the pharmaceutical sector. During the inspection, medicines/drugs are sampled for analysis to ensure that they meet the required quality standard. The HB also provides service for destruction of substandard drugs on a regular basis.

166. As regards the Committee’s recommendation (para. 125) to continue and strengthen the effective implementation of programmes to prevent illicit drug consumption, it should be mentioned that the MSAR Government continues to follow its multidisciplinary and integrated approach to counter the drugs problem. To this end, the “Commission on the Fight against Drugs” was set up in 2008 (Order of the Chief Executive 179/2008) and new legislation is being drafted. The Commission is composed of Government members, eight NGOs and five individuals of recognized merit in this area of intervention and its major objectives are to assist the Government in the definition of policies, strategies and plans against drugs and drug abuse as well as the general co-ordination, interdepartmental and interdisciplinary of all actions against it.

167. Prevention, risk/harm reduction measures and free treatment programmes for drug addicts, including medical check-ups (infectious diseases, e.g. HIV, hepatitis B and C, TB, and other biochemistry check-up, e.g. blood and urine, counselling and rehabilitation programmes continue to be provided through outreach-working teams. Preventive education constitutes a key strategy, especially through awareness campaigns, seminars, exhibitions. There were 384 (340 male and 44 female), 350 (293 male and 57 female), 341 (285 male and 56 female), 345 (290 male and 55 female), 349 (297 male and 52 female) and 388 (332 male and 56 female) drug addicts received treatment between 2003 and 2008, with ages ranging from 14 to 60 years or above. The age group of 45–59 formed the majority, followed by the group of 35–39 and 40–44.

168. A training centre was set up in October 2008 for youngsters to facilitate their rehabilitation and reintegration into society. A night outreach centre was established in March 2009. It also carried out a pilot scheme to provide adolescents with drug information, physical examination plan, referral service and detoxification service. In 2009, more that 1,417 teenagers (1,037 male and 380 female) contacted the Centre. The SWB, in collaboration with the EYAB and NGOs, carries out such outreach programmes.

169. As regards the consumption of tobacco, it should be noted that the World Health Organisation Framework Convention on Tobacco Control is applicable to the MSAR and that the Law 21/96/M on Regime for the Prevention and Limitation of Smoking is currently being revised. Its major amendments are: (a) the extension of non-smoking areas, (b) a stricter control on tobacco advertising, sponsorships and commercial information, (c) further restriction on the naming, packaging and labelling of tobacco products, (d) regulations on the sale of tobacco products, and (e) further reduction on the levels of tar and nicotine in tobacco products.

170. In the meantime, the MSAR Government has been building a smoke-free culture through a number of anti-smoking programmes. Among them, the smoke-free restaurant and the smoke-free workplace programmes (on a voluntary basis) are the most prominent ones. As to the smoke-free workplace programme, 48 government departments and 11 private companies, both of which comprise more than 8,000 workers, have been recorded to be smoke-free. Targeted at youngsters, the HB also promotes in schools seminars on “Hazards of Tobacco”. Awareness campaigns through the mass-media, such as billboard advertising, publications and other promotional activities are also carried out to the general public. The MSAR also celebrates ‘World No Tobacco Day’ every year.

171. The role of international organizations should also be underscored in all areas concerning the provisions of this article, in particular with the WHO and its Regional Committee for the Western Pacific. The MSAR has signed a Memorandum of Understanding (MoU) with Singapore in 2005, to develop and strengthen cooperation and information exchange, as well as to develop all-round multi-level academic exchange, professional training and technical support.

172. The MSAR Government has spent MOP$ 932, 836,599 in public health in 2003, and MOP$ 2,085,651.812 in 2008, representing respectively 8.03 per cent and 8.04 per cent of the total public expenditure.

173. The right to education is enshrined in article 37 of the BL. All MSAR educational institutions enjoy autonomy, teaching and academic freedom (art. 122 (2) of the BL), while the MSAR Government is responsible for the formulation and implementation of the educational policies (art. 121 (1) of the BL). The MSAR educational policy foresees the gradual implementation of compulsory, universal and free education to all (art. 121 (2) of the BL, Decree-Law 42/99/M and arts. 20 and 21 of Law 9/2006).

174. Law 11/91/M that established the Education System Legal Framework was partially revised by Law 9/2006, which sets up the Non-Tertiary Education System Legal Framework. This Law imposes as general principles of the educational system the right to education without discrimination and the obligation of the Government to develop appropriate mechanisms to promote effective equality of opportunities in education. Such task falls under the responsibility of the EYAB.

175. Non-tertiary education is categorised into regular education (which is compulsory, universal and free from 5 to 15 years old), and continuing education. The former is comprised of three-year pre-primary education, six-year primary education, three-year junior secondary education and three-year senior secondary education. The latter covers vocational training, back-to-school programmes and family and community education. As regards the principal indicators of non-tertiary regular education, including number of students, schools, teachers by gender and level of instruction, please see the tables on pages 159 to 164 of the 2008 Yearbook of Statistics.

176. Based on the policies an “Education for All” and “Life-long Learning” the Government extended free education from 12 years to 15 years (implemented in the academic year 2007/08); promoted the community life-long learning project from school to society; enlarged the technical-professional curriculum for senior secondary; implemented the healthy school project to improve the diet, health and fitness of school children from kindergarten up to senior secondary; and set up a strategy to provide a good social environment for youngsters to grow and develop. As mentioned previously, human rights education is part of the school curricula and extra-curriculum activities (e.g. the promotion and dissemination of the Convention on the Rights of the Child and Macao’s cultural identity and heritage). In addition, in 2006, a Curriculum Reform and Development Commission was established, aiming at promoting the reform and development of non-tertiary curriculum (Order of the Chief Executive 102/2006).

177. A “Notification Mechanism for School Dropouts” was introduced to strengthen the cooperation between parents and schools. Subsidized NGOs provide guidance and courses to help dropout students to go back and to adapt to school life. As a result, the number of dropout students decreased, being 0.28 per cent in the academic year 2008/09 whilst it had been 0.43 per cent, 0.55 per cent, 0.45 per cent and 0.65 per cent and 0.84 per cent between the academic years 2002/03 and 2007/08, respectively.

178. In the academic year 2008/09, there were 10 regular schools where the teaching language was Chinese and two where it was Chinese and Portuguese. There were also 51 private schools where the teaching language was Chinese, two Portuguese, nine English and four Chinese and English. As regards special schools, there was one where the teaching language was Chinese and three private schools where it was Chinese as well.

179. Both the Government and families are financially responsible for education. The Government fulfils its financial responsibilities by maintaining a free education school network, composed of public and subsidized private schools that offer free education under an agreement with the EYAB, and by providing students in private schools outside that network with tuition fee allowances. In this regard, Administrative Regulation 19/2006, as amended, regulates the financial support to be granted to private educational institutions in view of the progressive introduction of free education, while Administrative Regulation 20/2006 regulates the tuition fee allowances granted to students not enrolled in public schools (i.e. MOP$ 10,000 for pre-primary and primary education and MOP$ 12,000 for secondary education -Order of the Chief Executive 111/2009).

180. To improve teaching quality and efficiency, the Government has been also promoting “small-class teaching” (reducing the teacher/student ratio) through a subsidy regime (Order of the Chief Executive 74/2008). In the academic year 2007/08, each class of the first year of pre-primary education was downsized from 35–45 students to 25–35.

181. As regards the Committee’s recommendation to provide free compulsory education to all school-age children, including children of migrant workers, it should be stressed that children of legal and illegal migrant workers are entitled in the MSAR to education. By Order of the Secretary for Social Affairs and Culture, the EYAB issued a specific guideline, dated 16 January 2002, informing all educational institutions that any person staying in the MSAR for a period of time exceeding 90 days is authorized to enrol his/her children in a non-tertiary level educational institution for the period of time of his/her legal sojourn, educational expenses being supported by the concerned persons. There were 5,306 children with non-permanent residence status attending classes, in the academic year 2008/09 and 654 with short-term staying permit status.

182. Moreover, to facilitate their social integration, the EYAB sets up after-school English and Cantonese classes to help these children to adjust to the school life in Macao. Outdoor activities and visits are organized for them to be better acquainted with the local social and cultural life. From academic years 2003/04 to 2008/09, 2,135 students benefited from Basic English classes and 618 from Chinese classes.

183. To encourage outstanding students who have financial difficulties to continue tertiary education, the EYAB established study grants, comprising student loans, scholarships, accommodation subsidies, travelling subsidies, etc. The number of students benefiting from these grants is as follows: 3,081, 3,216, 3,388, 3,781 and 4,356 from academic years 2003/04 to 2007/08. Tuition fees and stationery allowance are granted to students with financial difficulties. There were 18,871, 15,495, 19,789, 17,124 and 11,261 beneficiaries, respectively, between the academic years 2003/04 to 2007/08.

184. Special education is free (Decree-Law 33/96/M). The EYAB has published a brochure about special education in order to facilitate parents or guardians to comprehend its content and related available services. For students aged between 3 and 21 in need of special education, the EYAB, through a central evaluation mechanism, provides advice on education arrangements (embracing mixed class, small-class teaching and class of special education) to schools and parents and, if necessary, to refer to related schools. Referral services in respect of medical treatment or integration into society and allowances are also provided. The Government also encourages teachers to engage themselves in special education by financing them to attend special courses, training and attending special education classes.

Years/Classes	2003/04	2004/05	2005/06	2006/07	2007/08	2008/09
Mixed class	148	151	159	212	264	333
Small-class teaching	84	94	112	113	114	110
Class of special education	438	436	396	377	361	361

185. To combat and prevent school violence, the EYAB, together with other government departments, established a “Notification Mechanism for Reporting Serious Incidents Related to Students” in 2005. And, later, in 2006 and 2007, a “Mechanism of Urgent Accommodation and Referrals for Students” and a “Support Group for Critical Incidents in School” were set up, respectively. Such measures intend to provide timely assistance and psychological advice to the students concerned, through the collaboration of parents, teachers and NGOs.

186. Adult education continues to be supported and encouraged by the MSAR Government (Decree-Law 32/95/M). In academic year 2007/08, there were 132 educational establishments for adult education, with 1,987 courses and a total number of 1,683 teachers, and 130,410 students (52,083 male and 78,327 female) enrolled, of whom 103,509 (41,980 male and 61, 529 female) completed the courses.

187. Education of young offenders is guaranteed through the YOI that, together with the EYAB, provides basic education (Law 2/2007). As far as regards prisoners’ education regime there are no changes in relation to the previous report (Decree-Law 40/94/M).

188. With regard to tertiary education, during the academic year 2008/09, there were 12 institutions, offering a wide range of courses: Arts, Humanities, Social and Behavioural Science, Journalism and Information, Law, Physical Sciences, Mathematics and Statistics, Computing and Information Technology, Electronics and Telecommunications, Manufacturing, Architecture and Building, Mechanics, Energy and Chemical Engineering, Health, Social Services, Personal Services and Security Services. As regards data on tertiary education, please see the table on pages 165 to 166 of the 2008 Yearbook of Statistics.

189. A regime of scholarships has been set up to support students and to guarantee their access to higher studies. There are loan-scholarships, merit-scholarships and special scholarships (for those with low income) for students who have a permanent resident status and wish to continue their studies in Macao or abroad (Orders of the Secretary for Social and Cultural Affairs 17/2001 and 26/2007). In academic years 2005/06, 2006/07 and 2007/08, there were 5,505, 6,259 and 7,446 students scholarships to study in Macao or abroad, in the total amount of MOP$ 104,345,275, 119,102,731 and 173,184,908, respectively.

190. All educational institutions are prepared to have students with disabilities, including lifts (some with reachable control panels, or voice announcement system and/or Braille display), ramps, barrier-free toilets and dormitories. The University of Macao (UM) has set up a Committee for Student Disability Policy & Service aiming at improving the conditions, facilities, services for students with disabilities and raising public awareness as well.

191. The MSAR Government has spent MOP$ 1,470,158,855 in education in 2003, and MOP$ 3,395,569,405 in 2008, representing respectively 12.65 per cent and 13.09 per cent of the total public expenditure.

192. According to article 37 of the BL, “Macao residents shall have freedom to engage in academic research, literary and artistic creation, and other cultural activities. The BL also confers to the Government the responsibility to formulate and implement the MSAR’s policies on scientific and technological progress (art. 124), on culture (art. 125) and sports (art. 127). In addition, local NGOs may continue to develop activities in these areas with the support of the Government; and to develop relations with their foreign counterparts (arts. 132, 133, and 134).

193. Macao has a valuable historical and cultural heritage, as a result of 500 years of cross-cultural characteristics of eastern and western cultures. Landmark recognition of such heritage is the inscription of “The Historic Centre of Macao” on UNESCO’s World Heritage List in 2005. It should also be underscored that the relevant international instruments in this field, such as the Convention concerning the Protection of the World Cultural and Natural Heritage, the Convention of the Safeguarding of the Intangible Cultural Heritage and the Convention on the Protection and Promotion of the Diversity of Cultural Expressions, are applicable to the MSAR.

194. The Government’s policy to ensure the right to cultural life covers different areas, such as the: (a) promotion and protection of cultural diversity through different activities, services and facilities; (b) promotion and protection of cultural heritage (either tangible or intangible); and (c) promotion of training, research and education. The main goal is to ensure and facilitate access to culture, to cultural heritage and scientific progress to all segments of Macao’s society.

195. The Cultural Affairs Bureau (CAB) is the main government body responsible for such policy and works in close partnership with other government departments (e.g. CMAI, EYAB, Tourism Bureau), public institutions (e.g. Macao Foundation) and NGOs (there are around 767 cultural NGOs) (Decree-Law 63/94/M, as amended).

196. Since 2005, legislation has been adopted to strengthen the regime described in the previous report and to improve the quality access to cultural life and scientific progress, including the protection of the historic centre of Macao and the surrounding areas (Order of the Chief Executive 202/2006), the setting of height restrictions for the surrounding area of the Guia Hill (Order of the Chief Executive 83/2008), the teaching of dance, music and theatre at the level of secondary education and technical-professional, as well as the continuing education of arts by the Macao Conservatory (Administrative Regulation 4/2008). A new law on the safeguard of Macao’s cultural heritage is also in its final stage of preparation, aiming at adopting legislation in-tune with the latest international standards and providing broader population’ participation in cultural heritage affairs.

197. The number of available facilities and infrastructures have been improved and increased as well. The MSAR has 20 museums, 7 theatres, 1 historical archive, 3 movie-theatres. Some old public institutional buildings have been renovated to museums, e.g. the Museum of Taipa and Coloane History. There are 9 daily newspapers in Chinese language, 3 in Portuguese and 2 in English and 8 broadcasting stations (radio and TV).

198. The services provided by the Central Library have improved by increasing the area of the premises (from 3,000m² to more than 5,000m²), by enlarging the book collection (from 200,000 to 600,000 copies) and by extending the working hours service (from 36 hours per week to a maximum of 70 hours). In addition, from 2003 to 2008, the number of libraries and reading rooms increased from 37 to 50. The number of visitors rose from 2,379,777 in 2003 to 3,534,249 in 2008 and computer usage rose from 264,850 users in 2003 to 427,928 in 2008.

199. To guarantee full participation in cultural life of the elderly and persons with disabilities a set of measures have been adopted towards the elimination of any physical, social or communication barriers. The majority of facilities are equipped with barrier-free toilets, access ramps, lifts, etc. Special assistance is also provided to them during the shows and often specific areas are reserved. The Macao Orchestra and the Chinese Orchestra/Opera rehearsals are open to everyone, including people with disabilities, low income, the elderly and students.

200. Access to all classified monuments of Macao is affordable to the general public, admission tickets prices range from MOP$ 15 to MOP$ 2, being the majority free of charge on Sundays or once a month. Discounts are available to students and group visits and other special situations, being free of charge to senior citizens and children under 11 years old. Access to cultural events is also affordable, being many of those free of charge. All the shows have special discounts, namely students and senior citizens (50 per cent), and other disadvantaged groups (e.g. families with low income).

201. The Macao Cultural Centre (MCC) has maintained ticket prices at the same level since 2002. Tickets of large-scale performances (e.g. orchestras, classical concerts, ballet, contemporary dance, jazz concerts and word music) range, on average, from MOP$ 80 to MOP$ 300, and smaller scale performances tickets range from MOP$ 60 to MOP$ 120. The MCC organizes annually 200 to 300 educational activities in the field of performing arts and audio-visual arts for children (including workshops to students of primary and secondary schools), youth and adults, encouraging community participation and creativity. It also offers free round trip transportation and free admission and guided tour service to group visitors (e.g. children, poor families, such as new immigrants and refugees). Some exhibitions are free on weekdays and all exhibitions are free on Sundays.

202. The Macao Museum of Art (MMA) organizes free round trip transportation and offers free admission and guided tour services to persons with disabilities, elderly and children (schools). Accordingly, the MMA received 98 groups (4,191 persons), 117 groups (5,505 persons), 77 groups (4,284 visitors), 59 groups (2,434 visitors), 39 groups (1,578 visitors), 54 groups (1,881 visitors) and 38 groups (1,506 visitors) during the years 2003 to 2008.

203. An “Activity Sponsorship Scheme” has been launched to encourage local NGOs to organize cultural and recreational activities at the community level. The CMAI approved over 4,000 applications and subsidies involved an amount around MOP$ 78,300,000 during the period covered in the report. In addition, there are also available outdoor activity venues upon request for these activities. Applicants may apply rental exemption for related equipments. These venues have been leased, on average, at least one thousand times a year.

204. Macao offers a diverse range of high standard of art exhibitions and activities, including orchestras, recitals, world music, jazz, classical ballet, contemporary dance, musical, drama, experimental theatre, cinema, seminars, workshops, literary competitions and multi-media shows. Highlights of the wide-range of Macao’s cultural performances are the: Macao Arts Festival, Macao International Music Festival, Macao Fringe, Concerts by the Macao Orchestra and by the Chinese Orchestra. The “Macao Young Musicians Competition” is another landmark. There are also special concerts in schools performed by the Macao Orchestra and by the Chinese Orchestra and target-oriented shows for children in the Macao Arts Festival. As regards data on public performances and exhibitions, please see the table on pages 173 to 174 of the 2008 Yearbook of Statistics.

205. Performances are put on by both international and local artists. In fact, Macao has assembled a number of local artists with diverse ethnic and cultural background (e.g. from mainland of China, Russia, Australia, Singapore and Portugal), covering all sort of performing arts. To encourage local artists, the MCC promoted an array of projects since 2006, including “Artist-in-Residence”, “Macao Series”, and “Dance Project”. Local artists are also financially sponsored to go abroad and to join with international arts groups; while artists of international and regional prestige are invited to visit the CCM to perform, teach and create performances with local artists.

206. Also illustrative of Macao’s cultural diversity is the festivities of the MSAR’s living communities according with their traditions, such as the New Year Celebration, the Lunar Cake Festival, the Dragon Boat Racing, Lusofonia Festival (that includes the Portuguese-speaking countries and regions (e.g. Macao, Portugal, Brazil, Angola, Mozambique), the Filipino and the Thai Week Festival.

207. The Government has carried out some activities/initiatives to promote the city’s identity and historic legacy among the young generation, including at school level, such as the: “Heritage Ambassador Training Scheme”, “Heritage Ambassadors”, “Cultural Heritage Tours of Macao”; “Macao Heritage Architecture Exhibition”, “Heritage Story”, Story-writing Contest and “Heritage Glimpses” Photography Competition, “Heritage Journalists”, “Interschool Poster Design Contest, based on Macao’s Application for World Heritage Inscription”, and “Macao Cultural Heritage Tour Route Design Competition”.

208. As regards the general public, a book entitled “The Architectural Heritage in Macao” was published in 2005; and a booklet entitled “The Historic Monuments of Macao” was issued to promote cultural heritage knowledge and raising heritage preservation awareness. An internet research website was launched (www.macauheritage.net) and a new website was designed to offer information on the Mandarin’s House, which is one of the monuments included on Macao’s World Heritage List (www.wh.mo/mandarinhouse/cn/ Default.aspx).

209. It should also be noted the creation of the Consultative Council for the Urban Renovation of Old Districts in 2005 (Order of the Chief Executive 354/2005), composed of members of the Government and 40 professionals and NGOS of the sector, which aims at collecting opinions, assess and make recommendations on the renovation of old districts, ensuring the safeguard of MSAR’s architectural heritage.

210. As mentioned in the previous report, artistic education (performing arts and visual arts) and creativity are part of the school curricula (Decree-Law 4/98/M). The EYAB works in close partnership with the CAB and the CMAI in this area. There are also a number of courses in this field in the tertiary education, frequently sponsored by the Government.

211. The MSAR Government has spent MOP$ 265,650,968 in culture and scientific progress in 2003, and MOP$ 672,398,635 in 2008, representing respectively 2.29 per cent and 2.59 per cent of the total public expenditure.

Main policies and measures adopted to ensure the right to scientific progress

212. The creative freedom and the right of everyone to pursue knowledge and scientific progress, without exception, are constitutionally safeguarded (arts. 37 and 124 of the BL). The MSAR legislation and main policies are essentially the same from the previous report (e.g. Law 9/2000). And, as described, science and education technology are part of the school curricula and activities. Bachelor degrees and postgraduate studies are also offered, inter alia, by the UM, Macao University on Science and Technology, Macao Polytechnic Institute, Kiang Wu Nursing College and Saint Joseph University.

213. A Macao Science Centre (MSC) is going to be inaugurated in the end of 2009. The Centre aims to stimulate and cultivate students’ interest in science and, at the same time, enhance public understanding of science and technology through interactive exhibitions and programmes. The Exhibition Centre and Atrium accommodate around 450 interactive exhibits and the galleries shall cover several topics, from Space Science to Eco-conservation. The exhibitions seek to provide knowledge-oriented, scientific and interactive exhibits and allow visitors to explore science in a hands-on experience.

214. The MSC Planetarium seats 139 and has a set of 12 digital projectors for showing normal dome films and 3D images (in Chinese, Portuguese and English). The Convention Centre includes a multi-function convention hall and 4 meeting rooms, it can accommodate 500 people for meetings. Admission tickets price shall range from MOP$ 15 to MOP$ 45, residents and group visitors can get discounts, while visitors aged 18 or younger, aged 65 or above, as well as full-time students and persons with disabilities and one carer may visit the Exhibition Centre for free.

215. Scientific and technological research continues to be fully supported by the Government and private institutions, through seminars, scholarships, publications, participation in international fora, etc. To better allocate resources, in 2004, the Science and Technology Development Fund (FDCT) was set up (Administrative Regulation 14/2004). It provides financial support on teaching, research and execution of projects in the area of science and technology, through two schemes of funding: (a) the Research Grant Scheme and the (b) Subsidy Scheme for the Promotion of Science. The FDCT also provided allowances to 27 bachelor students, 49 Master and 51 PhD students, in a total amount of MOP$ 100,000.

216. In the first scheme, the FDCT approved a total of 135 projects (e.g. on Information Technology, Traditional Chinese Medicine, Biotechnology, Environmental Science and Patent Developments) in a total funding of MOP$ 163.7 million. The main criteria for the approval of projects were factors of innovation, scientific objectives and feasible methods of research, reasonable budget and capacities of project team members. There were a total of 671 researchers; of which 22 per cent were female. The age of participants range between 26 and 45 years (52 per cent).

217. In the second scheme, the FDCT approved 230 projects in a total funding of MOP$ 10.3 million. The “Popular science projects” were executed by 24 educational establishments, comprising universities (3), secondary (15) and primary schools (3), as well as nine NGOs, with a total number of 8,252 participating students and 432 teachers. Secondary schools are the key players in the Promotion of Science programme since 90 per cent of the projects were launched through/by secondary schools and 60 per cent of all participants were secondary students.

218. The FDCT also encourages the local scholars to develop international contacts, such as R&D cooperation, attending international academic seminars and conferences with academic papers, joining international academic organizations. About 166 scholars attended 141 international conferences through the Research Grant Scheme.

219. The Macao Foundation (MF), another public entity, provides financial assistance to the development of projects and research on cultural, educational, scientific, academic and philanthropic activities, as stated in the previous report. During the period covered in the report, the MF received 5,305 applications and approved 3,893 applications, providing a total funding of MOP$ 3,498,803,639. The percentage and the fields of funding were as follows: 3.94 per cent on cultural, 24.93 per cent on social, 0.64 per cent on economic, 39.42 per cent on educational, 3.06 per cent on scientific, 7.46 per cent on academic, 1.16 per cent on philanthropic, 8.29 per cent on promotion of Macao and 11.10 per cent on special projects. The MF was also engaged in other activities, such as exhibitions (e.g. paintings, crafts and sculptures), workshops, arts and performances (136 organized by MF and 673 sponsored). On academic research, the MF organized or co-organized 47 conferences, 21 research projects and 126 publications. It also granted scholarships to students from mainland of China (256), foreign students (179) and domestic students (182).

220. During the period covered in the report, the UM has provided financial support to more than 300 Masters students and close to 100 PhD students from various disciplines – from education to social sciences and humanities, to engineering and medical sciences. For local students and students from mainland of China and other countries to be able to undertake their research studies a total funding of around MOP$ 58 million has been granted. Some PhD students gain winning awards in world-top level conferences as well as publishing in refereed journals. Seventeen new Master programmes (e.g. Accounting, Curriculum and Instruction, International Business Law, English Studies, Economics and Chinese Medicinal Science) were introduced, with more than 2,000 students, as well as 7 new PhD programmes (e.g. Communication, Political Sciences, Sociology, Psychology and Biomedical Sciences) with 67 candidates.

221. Scientific research and creative activity continues to be supported at the UM. For the past years, there were hundreds of research projects from all disciplines being funded — business, education, social sciences and humanities, law, engineering and medical sciences — leading to more than a 1,000 publications and books and 2,000 conferences as well as registration of several patents in the areas of microelectronics, Chinese medical sciences and power electronics, either nationally and internationally.

222. In the academic year 2006/07, the UM has defined the following key research areas for 2008–2012: Gaming Management, History of Macao Education, Linguistics, Chinese Foreign Relations and Macao Macroeconomic Model, Macao Legal Knowledge Collection; and in FST, Computational Structural Mechanics and Urban Environmental Management, Computer Visualization Reality and Machine Translation, Microelectronics and Power Electronics, Thermal Engineering and Robotics, Hyper-Complex Analysis and Computational Numerical Analysis, and Chinese Medical Sciences. In academic year 2008–09 new areas were added – Youth Education, Criminology, History of Macao and Cyber-Physical Systems.

223. The UM has been also promoting scientific research partnership with mainland of China, Hong Kong SAR, Taiwan, USA, UK, Portugal and other EU countries, as well as establishing affiliated research institutions like the INESC-Macao and IDQ (e.g. National Natural Science Foundation of China, the Chinese Ministry of Science and Technology, the Chinese Ministry of Health, the EUREKA projects, the Hong Kong SAR RGC funded projects).

224. Two areas of Microelectronics and Chinese Medicines have been selected for consideration of potential establishment of State Key Lab Partner Labs via the FDCT. To this end, MoUs were signed in 2009, one between the UM and Fudan University and another between the UM, MUST and Peking University. In addition, in the same year, the UM created the Research and Development Administration Office (R&DAO) to coordinate and promote academic and scientific research activities. To further enhance research development and create a research culture, a start-up Fund has been offered via the R&DAO for first-year academic staff since 2009–10 and a Research Traineeship Programme is being created to support selected students in the Honours College.

Main policies and measures adopted to ensure the right to sports and leisure

225. The MSAR Government has always placed strong emphasis on the development of physical education, leisure and sports to all, as well as the promotion of healthy lifestyles. The “Sports for All” strategy, based on an anti-discrimination sports policy and on the encouragement of professional sport is carried out by the Macao Sport Development Board (MSDB) either individually, or together with other government departments or local sports NGOs (there are around 934 NGOs on sports). From 2003 to June 2009, 126 sports events were conducted, with 195,357, 209,145, 235,024, 259,209, 273,768, 294,118 participants, respectively. In 2008, due to the Beijing Olympics Games, the MSDB organized over 20 cultural activities, where nearly 3.2 million persons participated.

226. A number of sport-for-all activities is organized each year addressing the population’s needs (e.g. Sport-for-all events and Sport-for-all Fitness & Recreational Classes), including women, the elderly, persons with disabilities and children. Targeted sports events are carried to these groups, such as the Women’s Sports Festival, Sports Day for the Disabled and Elderly Sports Day, Family Sports Day and Sports Summer Activities. In addition, the Sport-for-all Fitness & Recreational Classes activity offers special classes, free of charge, to the elderly and persons with disabilities, as well as for women (e.g. yoga, aerobic dance, line dance, dance and step) and children (e.g. swimming, yoga, s martial arts, gymnastics classes). Parents-children activities are also encouraged, such as parents-children bowling, tennis, squash, badminton, gymnastics and yoga classes.

227. The public swimming pools and sports venues (21 facilities are managed by the MSDB) provide barrier-free facilities, namely toilets, ramps, lifts and spectator area for wheel chair. A large proportion of the sport venues or facilities are open to the public free of charge or with a minimal charge. The MSDB also established a “Sports Award for Persons with Disabilities”, as a sign to acknowledge disabled athletes who have achieved sports success.

228. Athletes with high-level of performance are selected to represent Macao in international sports competitions (more than 543 competitions), including the Asian Games, the Chinese National Games, the Olympic Youth Games, the International Children’s Games, the Universidad, the Paralympics Games, and the Special Olympics World Games. The MSDB also collaborates with sports NGOs to establish youth academies to select young athletes with potential to undergo long-term training to turn them in the future elite athletes.

229. The MSDB is an active member of the International Council of Sports Science and Physical Education (ICSSPE), Asian Federation of Sports Medicine (AFSM), TAFISA. Moreover, to build and strengthen sports practice with China and with foreign countries, all associations have joined the Asian and International Federations in the respective sport. The MSDB also cooperates with various international organizations and organizes a number of international sport events on an annual basis, including: Women’s Volleyball World Grand Prix sanctioned by FIVB; Macao Golf Open/Asian Tour; ITTF Pro Tour Grand Finals sanctioned by ITBF; WFA authorized 7th Asian Wushu Championship, ADBF/Asia’s Dragon Boat Championship, and the Macao International Marathon approved by AIMS.

230. The MSAR has signed exchange and cooperation agreements with Portugal, the General Administration of Sport of China, the Guangdong province, the Sichuan Province and Hong Kong SAR to enhance exchange and connections across all sport levels, including competitions, trainings and visits.

231. In December 2002, MSDB conducted the first physical fitness study on young children, the “2002 Physical Fitness of Macao Young Children”. In 2005, it conducted the “2005 Physical Fitness of MSAR. Citizens”, the first comprehensive study to assess the population physical condition and to provide scientific basis in the formulation of sport related policies – four age groups (3–69 years old) namely young children, students, adults and seniors. A total of 10,477 valid survey results were acquired including 1,044 young children, 5,339 students, 3,608 adults and 486 seniors. Moreover, to educate and to provide guidance to the public on the correct way to conduct physical activities and to raise awareness of the importance of physical exercise, MSDB initiated the “Sports and Health Consultation Post” in April 2009; this station is held in different public places every month with the aim to disseminate the message to a wider public. As of June 2009, over 2,928 people have used this service.

232. Intellectual property is fully protected in the MSAR legal system as explained in the previous report (e.g. art. 125 (2) of the Basic Law, Decree Law 43/99/M (copyrights) and arts. 299 to 304 of Decree Law 97/99/M (Industrial Property).

233. The FDCT encourages the local creators/inventors to acquire Intellectual Property rights, such as patent, copy-rights and design rights, etc. The FDCT subsidizes the applicants making patent application to local and overseas institutions (11 patent projects and around MOP$ 320,000 were approved by FDCT).

Relevant human rights treaties applicable to the Macao Special Administrative Region

Convention concerning the Night Work of Young Persons Employed in Industry, adopted at Washington on 29 October 1919 (ILO No. 6)

Convention concerning the Application of the Weekly Rest in Industrial Undertakings, adopted at Geneva on 25 October 1921 (ILO No. 14)

Convention concerning Equality of Treatment for National and Foreign Workers as regards Workmen’s Compensation for Accidents, adopted at Geneva on 5 June 1925 (ILO No. 19)

Convention concerning Labour Inspection in Industry and Commerce, adopted at Geneva on 11 July 1947 (ILO No. 81)

Convention concerning the Freedom of Association and Protection of the Right to Organize, adopted at San Francisco on 9 July 1948 (ILO No. 87)

Convention concerning the Application of the Principles of the Right to Organize and to Bargain Collectively, adopted at Geneva on 1 July 1949 (ILO No. 98)

Convention concerning Equal Remuneration for Men and Women Workers for Work of Equal Value, adopted at Geneva on 29 June 1951 (ILO No. 100)

Convention relating to the Status of Refugees, done at Geneva, on 28 July 1951 and its Additional Protocol relating to the Status of Refugees, done at New York, on 31 January 1967

Convention on the Law Applicable to Maintenance Obligations towards Children, done at The Hague on 24 October 1956

Convention concerning Weekly Rest in Commerce and Offices, adopted at Geneva on 26 June 1957 (ILO No. 106)

Convention on the Recognition and Enforcement of the Decisions relating to Maintenance Obligations towards Children, done at The Hague on 15 April 1958

Convention concerning Discrimination in Respect of Employment and Occupation, adopted at Geneva on 25 June 1958 (ILO No. 111)

Convention against Discrimination in Education, adopted at Paris on 14 December 1960

Convention concerning the Powers of Authorities and the Law Applicable in respect of the Protection of Minors, done at The Hague on 5 October 1961

Convention concerning Employment Policy, adopted at Geneva on 9 July 1964 (ILO No. 122)

International Convention on the Elimination of All Forms of Racial Discrimination, adopted at New York on 21 December 1965

International Covenant on Civil and Political Rights, adopted at New York on 16 December 1966

Convention concerning the Protection of the World Cultural and Natural Heritage, done at Paris, on 23 November 1972

Convention concerning Minimum Age for Admission to Employment, adopted at Geneva on 26 June 1973 (ILO No. 138)

Convention on the Elimination of All Forms of Discrimination against Women, adopted at New York on 18 December 1979

Convention on the Civil Aspects of International Child Abduction concluded at The Hague, on 25 October 1980

Convention concerning Occupational Safety and Health and the Working Environment, adopted at Geneva on 22 June 1981 (ILO No. 155)

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted at New York, on 10 December 1984

International Convention on the Rights of the Child, adopted at New York, on 20 November 1989

Convention on Protection of Children and Cooperation in respect of Intercountry Adoption, done at The Hague, on 29 May 1993

Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, adopted at Geneva, on 17 June 1999 (ILO No. 182)

Optional Protocol to the Convention on the Rights of the Child, on the Sale of Children, Child Prostitution and Child Pornography, adopted at New York, on 25 May 2000

Optional Protocol to the Convention on the Rights of the Child, on the Involvement of Children in Armed Conflicts, adopted at New York, on 25 May 2000

Convention of the Safeguarding of the Intangible Cultural Heritage, done at Paris, on 17 October 2003

Convention on the Protection and Promotion of the Diversity of Cultural Expressions, done at Paris, on 20 October 2005

Convention on the Rights of Persons with Disabilities, adopted at New York, on 13 December 2006

Quoted legislation in chronological order (available on-line in Chinese and Portuguese)

Basic Law of the Macao Special Administrative Region of the People’s Republic of China non–official English translation

Decree-Law 57/82/M, of 22 October – Regulation on Health and Safety in Industrial Work Sites

Decree-Law 24/86/M, of 15 March – Regulates the Access of the Macao’s Population to Health Care Services

Decree-Law 52/86/M, of 17 November, as amended by Decree-Law 24-99/M, of 21 June – Social Welfare System Law

Decree-Law 69/88/M, of 8 of August – Regulation on the Concession, Lease and Management of Social Houses

Law 21/88/M, of 15 August, as amended by Law 1/2009, of 29 January – Legal Framework to ensure Access to the Law and to the Courts

Decree-Law 37/89/M, of 22 May – Health and Safety in Commercial Establishments, Offices and Services General Regulation

Decree-Law 87/89/M, of 21 December, as amended by Law 14/2009, of 3 August – Statute of the Public Administration’s Workers

Decree-Law 72/92/M, of 28 September, as amended by Administrative Regulation 32/2002, of 16 December – Regulates Civil Protection

Decree-Law 58/93/M, of 18 October, as amended by Administrative Regulation 19/2008, of 21 July – Social Security Regime

Decree-Law 40/94/M, of 25 July –Regime on the Application of Measures Depriving Personal Freedom

Decree-Law 32/95/M, of 17 July – Regulation on Recurrent and Continuing Adult Educational System

Decree-Law 40/95/M, of 14 August, as amended by Law 6/2007, of 17 December – Establishes the rules concerning the right to compensation for damages caused by work-related accidents and occupational diseases

Decree-Law 33/96/M, of 1 July – Special Educational Regime for Students with Special Education Needs

Administrative Rule 156/99/M, of 24 May – Regulations concerning the Setting-up and Operation of Nurseries

Administrative Rule 160/99/M, of 24 May – Regulation for the Setting-up and Operation of the Homes for Children and the Young

Decree-Law 31/99/M, of 12 July – Legal Framework for Compulsory Internment of Persons with Severe Mental Disorders

Decree-Law 33/99/M, of 19 July – Regime for the Prevention, Integration and Rehabilitation of Persons with Disabilities

Decree-Law 42/99/M, of 16 August – Establishes the Compulsory Education System for Children and Young persons between the ages of 5 and 15 <http://bo.io.gov.mo/bo/i/99/33/declei42.asp>

Decree-Law 43/99/M, of 16 August – Regime of Protection of Copyright and Related Rights

Law 3/2001, of 5 March, as amended by Law 11/2008, of 6 October – Electoral Law for the Legislative Assembly

Order of the Secretary for Social and Cultural Affairs 17/2001, of 2 May – Regulation on the Granting of Scholarships for Tertiary Education <http://bo.io.gov.mo/bo/i/2001/18/despsasc.asp#17>

Order of the Secretary for Social and Cultural Affairs 18/2003, of 10 March – Establishes the Special Regulation Regime for Families in a Vulnerable Situation <http://bo.io.gov.mo/bo/i/2003/10/despsasc.asp#18>

Order of the Secretary for Economy and Finance 6/2004, of 19 January – Establishes the Rules on the Incentives and Training of Unemployed Persons <http://bo.io.gov.mo/bo/i/2004/03/despsef.asp#6>

Law 2/2004, of 8 March – Law on the Prevention, Control and Treatment of Contagious Diseases

Order of the Chief Executive 71/2004, of 29 March – Establishes the Healthy City Commission

Law 3/2004, of 5 April, as amended by Law 12/2008, of 6 October – Law on the Election of the Chief Executive

Administrative Regulation 14/2004, of 10 May – Establishes the Science and Technology Development Fund

Law 8/2004, of 16 August – Principles concerning the Evaluation of Public Workers Performance

Order of the Chief Executive 234/2004, of 13 September, as amended by Order of the Chief Executive 229/2007, of 6 August – Extension of the Social Security Regime to Self-employed Persons

Administrative Regulation 6/2005, of 23 May – Establishes the Consultative Commission for Women’s Affairs

Order of the Chief Executive 364/2005, of 21 November – Establishes the Commission on the Fight against HIV/AIDS

Order of the Chief Executive 102/2006, of 2 May – Establishes the Curriculum Reform and Development Commission

Administrative Regulation 15/2006, of 13 November – Establishes the rules related to the Provident Fund Scheme

Order of the Chief Executive 116/2007, of 30 April – Establishes the Human Resources Office

Order of the Secretary for Social and Cultural Affairs 26/2007, of 21 May – Establishes the Limits on the Granting of Scholarships for Tertiary Education <http://bo.io.gov.mo/bo/i/2007/21/despsasc.asp#26>

Order of the Chief Executive 222/2007, of 6 August – Establishes the Vaccination Programme

Order of the Chief Executive 250/2007, of 20 August – Establishes a Minimum Wage for Cleaning and Security Services to the Public Administration <http://bo.io.gov.mo/bo/i/2007/34/despce.asp#250>

Order of the Chief Executive 266/2007, of 10 September – Establishes the Commission to Follow Up the Implementation of Dissuasive Measures against Trafficking in Persons <http://bo.io.gov.mo/bo/i/2007/37/despce.asp#266>

Order of the Chief Executive 307/2007, of 12 November – Establishes the Commission for Senior’s Citizens Affairs

Order of the Chief Executive 83/2008, of 16 April – Establishes the Height Restrictions for the Surrounding Area of the Guia Hill

Order of the Chief Executive 179/2008, of 16 June – Establishes the Commission on the Fight against Drugs

Administrative Regulation 26/2008, of 29 December – Establishes the norms on Labour Inspection Activities

Order of the Chief Executive 265/2008, of 29 September – Establishes the SARS Co-ordination Centre

Order of the Chief Executive 111/2009, of 13 April – Updates of the Tuition Fees Allowances

Administrative Regulation 14/2009, of 18 May – Organic Structure of the Environmental Protection Bureau

Administrative Regulation 15/2009, of 1 June – Establishes the Programme to Lower the Costs of Health Care

Order of the Chief Executive 209/2009, of 8 June – Establishes the H1N1 Co-ordination Centre

^[*] In accordance with the information transmitted to States parties regarding the processing of their reports, the present document was not edited.

^[**] The report of the State party comprises the reports of Macau (E/C.12/CHN-MAC/2), Hong Kong (E/C.12/CHN-HKG/3) and China (E/C.12/CHN/2).

^[***] This document was submitted along with the core document (HRI/CORE/CHN-MAC/2010).

	United Nations	E/C.12/CHN-MAC/2
	Economic and Social Council		Distr.: General 6 July 2012 Original: Chinese and English

United Nations Committee on Economic, Social and Cultural Rights - State Party Reports

Macau, China - 2nd periodic report submitted by states parties under articles 16 and 17 of the Covenant [2012] UNCESCRSPR 6; E/C.12/CHN-MAC/2 (6 July 2012)