Macau municipal council members not selected by direct election
In 2018, in the re-establishment of a municipal organ, the Macau government refused to reinstate direct elections. Article 95 of Basic Law of Macau provides for the creation of a municipal organ “without political power”. Before the handover to China, Macau had two municipal councils[1] with directly elected members. The two municipal councils functioned as local governments and provided a limited window for democratic participation. However, they were abolished in 2001[2].
The Basic Laws of both Hong Kong[3] and Macau have a provision about the “no political power” nature of municipal organisations. The district councils in Hong Kong serve consultative purposes and are directly elected.
Despite public support, the Macau government refused to make the seats on the Consultative Council of the Municipal Affairs Bureau (IAM) — the new municipal organ — open for direct election. The Macau government is totally aware of the constitutionality of the consultative district councils in Hong Kong.[4] It discussed in a broad sense that introduction of direct elections to the IAM, as an entity that provides services, would be incompatible with the “without political power” requirement imposed by the Basic Law.[5] However, it declined to elaborate on the (un)constitutionality of direct elections of the Consultative Council of IAM.
Now, members on the Administrative Council and the Consultative Council of the IAM[6] are appointed by the Chief Executive. The new municipal organ leaves completely no room for democratic participation.
The Macau Research Group and the New Macau Association suggest the UN Human Rights Committee ask Macau, China to clarify why the introduction of direct election to the IAM’s Consultative Council, which has no powers to make any decision, would constitute a contravention of the Basic Law of Macau.
This article is an excerpt from a human rights report on Macau jointly submitted by the Macau Research Group and the New Macau Association to the UN Human Rights Committee in 2020. See here for the full report.
[1] Law no. 24/88/M “Legal Regime for Municipalities”, art 1 and 15.
[2] Law no. 17/2001 “Creation of the Civic and Municipal Affairs Bureau,” art. 2.
[3] Article 97 of Basic Law of Hong Kong provides for establishment of “district organizations which are not organs of political power”
[4] “Creation of the Municipal Body without Political Power Final Consultation Report,” 14, https://www.gov.mo/pt/wp-content/uploads/sites/3/2017/10/Relat%C3%B3rio-Final-de-Consulta-sobre-a-Cria%C3%A7%C3%A3o-do-%C3%B3rg%C3%A3o-municipal_20180302.pdf
[5] Ibid, 15.
[6] Law no. 9/2018 “Creation of the Institute for Municipal Affairs,” art. 9, 10, 14 and 15.
