Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - China - Macau Special Administrative Region (Ratification: 1999)

The Committee notes that the Government’s report has not been received. The Committee further notes the comments submitted by the International Trade Union Confederation (ITUC) on 26 August and 9 September 2009 concerning the dismissal of workers due to their participation in strikes, obstacles to trade union registration, and police repression during May Day celebrations in 2007 and 2008 and other demonstrations. The ITUC also refers to the risk of potentially broad interpretation of the recently approved National Security Laws that could impact on the activities held by trade unions. The Committee requests the Government to send its observations in this respect.

Article 2 of the Convention. The Committee notes that the ITUC alleges that domestic workers, migrant workers and civil servants do not enjoy trade union rights. The Committee recalls that the Convention applies to all these categories of worker. The Committee requests the Government to ensure, through the corresponding legislation, the rights enshrined in the Convention and to inform it of any developments respecting this matter.

Article 3 of the Convention. Right of organizations to freely organize their activities and to formulate their programmes. Right to strike. The Committee recalls that in its previous comments it noted the Government’s indication that two bills were in discussion in the Legislative Assembly and expressed the hope that the draft legislation would be in full conformity with the Convention. The Committee notes that no specific legislation has been adopted on this matter. The Committee notes the comments from the ITUC concerning restrictions to the right to strike and invites the Government to take measures to ensure the legal recognition of this right, in consultation with the social partners.

Finally, the Committee requests the Government to inform it of any development concerning the adoption of the draft Law on the Fundamental Rights of Unions and expresses the hope that it will be in full conformity with the Convention.