José Pereira Coutinho’s arguments are pretty straightforward: Macao needs a long overdue Trade Union Law for three sets of reasons. First, because this is enshrined in Article 27 of the Macao Basic Law—Macao citizens shall have “the right and freedom to form and join trade unions.” Second, because Macao is a signatory to several international conventions that make it mandatory to recognize such a right, namely the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights as well as the Convention concerning Freedom of Association and Protection of the Right to Organize (1948), one of the 36 conventions of the International Labor Organization (ILO) applicable to Macao. On several occasions, the ILO as well as the International Trade Union Confederation have exposed the many legal loopholes that translate into “insufficient protection” for all when it comes to joining a workers’ organization or having the right to collective bargaining in Macao. And third, because most of the countries in the area are equipped with such a law: not only Korea, Singapore or Taiwan, but even Hong Kong with the Trade Unions Ordinance or the People’s Republic of China that has had its Trade Union Law since 1992.
A trade union law provides a legal framework for unions to be organized, clarifies their process of formation and defines their responsibilities, and this in order to effectively protect the rights of the workers — a key to the protection of human dignity. It is also thanks to unions that employees engage with society at large and more importantly exercise their right to collective bargaining conducive to co-decided — meaning more harmonious — and improved work conditions.
As of now, only the Macao Federation of Trade Unions (FAOM), one of the three main so-called grassroots “traditional associations” along with the General Union of Neighborhood Associations (“Kaifong”) and the Women’s General Association, has an obvious claim to being a union, although it is somehow in competition with the “Kaifong” when it comes to representing the interests of the working class. However, over the years, and more so since the mid-2000s, its “representative” role has come into question — it has lost a directly elected seat in the 2013 legislative election — and it itself, despite its 56 affiliates and 80,000 members, does not actually operate as a “federation of unions” but rather as a collective of associations, with a somewhat exclusive right to recognition by the government and employers because of its “pro-establishment” status.
Yet, the last time Mr Coutinho submitted a Trade Union Law proposal in April 2014 — for the fifth time! — it got defeated by 14 votes to 9, and among the supporters were the three representatives from the FAOM, the two representatives from the “Kaifong”, the two democrats and Mr Coutinho together with his partner Leong Veng Chai. Among the naysayers one finds all the government-appointed lawmakers — the whole seven of them — and mainly pro-business legislators — including Angela Leong. In fact, if we only consider directly-elected MPs — as suggested by almacau.net — the law would have been accepted by 7 vs. 3, and this in no small thanks to the abstention of Chan Meng Kam’s “group” as well as the rather populist Zheng Anting.
There is no doubt that this absurd and backward deadlock played a significant role in encouraging some seven groups representing casino workers to meet at the Fisherman’s Wharf last week to collectively push for another go at a trade union bill championed by Mr Coutinho. Featuring prominently among these were Power of the Macau Gaming Association, formed in May 2014 by local gaming employees in managerial positions working for Sands and chaired by Stephen Lau Ka Weng, the convener of the meeting, and the Macau Gaming Industry Frontline Workers, headed by Ieong Man Teng, that became famous after it organized very visible marches around several casino properties last year, ultimately leading to salary hikes. In effect it was the first such gathering of different “independent” associations and a promise was made to meet on a quarterly basis. Clearly, the month of May in Macao has become one of collective empowerment!
Published in Macau Daily Times, May 29 2015
Showing posts with label José Pereira Coutinho. Show all posts
Showing posts with label José Pereira Coutinho. Show all posts
Friday, May 29, 2015
Friday, November 21, 2014
Kapok: Moaners
When I voiced concern in my column last February that Ho Iat Seng, the newly sworn-in president of the Legislative Assembly, was openly deploring the lack of “legal training” of legislators and thus questioning their ability to grasp public policy issues, and that Chan Chak Mo, the president of the second permanent commission of the same Assembly, was caught saying legislators should refrain from drafting “projects” of law and exclusively let the government make law “proposals”, I did so in pointing out that these two respectable figures of our community had basically decided on their own to interpret the Basic Law and let go of a key component of the legislators’ power, that is precisely to initiate legislation, as stipulated in article 75 of the Basic Law.
The right of initiative held by legislators is indeed true power and constitutes one of the few “actual” prerogatives that mitigates the derogatory judgment that the Macao legislature is nothing but a “rubber stamp” assembly—toothless and, above all, indefectible, as a whole, in its support to the executive. Power as it allows at minima to elevate the gravitas of the debate and help clarify the stand of each and every stakeholder: a good example of that is the Law on the Fundamental Rights to form Trade Unions that has been pushed by José Pereira Coutinho several times and got defeated (again) in April by just 14 votes to 9. Power as it forces the government to change its order of priority when it comes to policy-making: again, I believe that it is Coutinho’s continuous drive to have an Animal Protection Law that ultimately forced the municipal affairs administration (IACM) to come up with a law that was unanimously introduced in the first reading last month, whereas the IACM had been “promising” that law for more than a decade. And finally, the capacity to “make” a law and not only to vote on or amend it epitomizes the essence of the “legislative power” of that branch of government: the Law on the Protection of Private Data, which was considered up to this summer one of the most advanced pieces of legislation when it comes to the protection of citizens’ rights, was indeed introduced in 2005 by a collective of 8 legislators, including 3 directly elected ones.
If this right to properly raise awareness, set the agenda of policy-making and legislate is forfeited, what is left then? Mere complaints that the government is not fast or good enough? If Melinda Chan champions the rights of the children so much, why doesn’t she come up with a piece of legislation herself? There are plenty of legal advisors in town to help her out—both in Portuguese and Chinese, and outside or inside the Assembly. But the problem is precisely that most of the businessmen-turned politicians conceive their role as having somewhat to do with populist brawling and badly acted moaning.
How can one otherwise explain the high-pitched whining of Mak Soi Kun regarding the noise disturbance generated by the Grand Prix whereas the Law on the Prevention and Control of Environmental Noise had already been voted in August, including favorably by himself? What credit can we give to legislators’ complaints about the level of execution of the government’s budget in November when the second permanent commission never found the time to review the mid-year report provided by the government in August? One of my friends who owns a pretty big business in China has the following slogan plastered on all the walls of his factory: “Winners find solutions, losers only find excuses.” No chance of losing when the game is not opened to competition.
And mind you, legislators cannot really propose laws on every single topic and issue: public expenditure, political structure or the operation of the government are expressly (and safely) out of bound. Legislators Ng Kuok Cheong and Au Kam San had thus to propose a mere debate on political reform and the implementation of universal suffrage in Macao. Expectedly, the proposal was vetoed by 27 legislators out of 33: when concerns get crucial and opinions become power, silence is then golden.
Published in Macau Daily Times, November 21 2014.
The right of initiative held by legislators is indeed true power and constitutes one of the few “actual” prerogatives that mitigates the derogatory judgment that the Macao legislature is nothing but a “rubber stamp” assembly—toothless and, above all, indefectible, as a whole, in its support to the executive. Power as it allows at minima to elevate the gravitas of the debate and help clarify the stand of each and every stakeholder: a good example of that is the Law on the Fundamental Rights to form Trade Unions that has been pushed by José Pereira Coutinho several times and got defeated (again) in April by just 14 votes to 9. Power as it forces the government to change its order of priority when it comes to policy-making: again, I believe that it is Coutinho’s continuous drive to have an Animal Protection Law that ultimately forced the municipal affairs administration (IACM) to come up with a law that was unanimously introduced in the first reading last month, whereas the IACM had been “promising” that law for more than a decade. And finally, the capacity to “make” a law and not only to vote on or amend it epitomizes the essence of the “legislative power” of that branch of government: the Law on the Protection of Private Data, which was considered up to this summer one of the most advanced pieces of legislation when it comes to the protection of citizens’ rights, was indeed introduced in 2005 by a collective of 8 legislators, including 3 directly elected ones.
If this right to properly raise awareness, set the agenda of policy-making and legislate is forfeited, what is left then? Mere complaints that the government is not fast or good enough? If Melinda Chan champions the rights of the children so much, why doesn’t she come up with a piece of legislation herself? There are plenty of legal advisors in town to help her out—both in Portuguese and Chinese, and outside or inside the Assembly. But the problem is precisely that most of the businessmen-turned politicians conceive their role as having somewhat to do with populist brawling and badly acted moaning.
How can one otherwise explain the high-pitched whining of Mak Soi Kun regarding the noise disturbance generated by the Grand Prix whereas the Law on the Prevention and Control of Environmental Noise had already been voted in August, including favorably by himself? What credit can we give to legislators’ complaints about the level of execution of the government’s budget in November when the second permanent commission never found the time to review the mid-year report provided by the government in August? One of my friends who owns a pretty big business in China has the following slogan plastered on all the walls of his factory: “Winners find solutions, losers only find excuses.” No chance of losing when the game is not opened to competition.
And mind you, legislators cannot really propose laws on every single topic and issue: public expenditure, political structure or the operation of the government are expressly (and safely) out of bound. Legislators Ng Kuok Cheong and Au Kam San had thus to propose a mere debate on political reform and the implementation of universal suffrage in Macao. Expectedly, the proposal was vetoed by 27 legislators out of 33: when concerns get crucial and opinions become power, silence is then golden.
Published in Macau Daily Times, November 21 2014.
Friday, October 11, 2013
Kapok: Wasted Opportunity
Right before the start of the legislative campaign I was asked to give a talk about “what to expect” from the elections. I basically raised five questions and provided simple and yet straightforward answers. Can we expect a vast overhaul of the Assembly? Certainly not! Can we expect new faces? Not really, and yet… Can we expect a few surprises? Very few, and yet… Can we expect a change in style in the campaign? Most probably as “bottom” seats will be hard-fought. Can we expect a change in the future workings of the Assembly? Only marginally, given the highly expectable overall composition of the new legislature. One soon realizes that political predictions cannot go too wrong if one accommodates enough semantic flexibility to tolerate a plurality of interpretation in one’s own prediction, or to put it more simply, if one pays due tribute to the idea that “everything is in everything”—a trick fortunetellers are well aware of. And yet, somehow, one would prefer to be really wrong sometimes, thus letting the exciting components of true surprise kick in and the benefit of uncertainty, though not fully unrestrained, bring its fair share of excitement.
For directly elected members of the Assembly, results—not necessarily the most desirable ones, one must admit—yield two main lessons. First, the Democrats are not the highest vote-getters in these kind of elections any more, and thus will have to reflect deeply on a strategy that merely favor opposing and confronting the government, its many shortcomings and its cronies. In a more affluent society, one in which the have-nots are getting wealthier even though not at the same pace as the happy few, demands have to be formulated more in terms of alternative and therefore in displaying a capacity to propose and not only to oppose—a perspective fully acknowledged and marginally put in practice by José Pereira Coutinho. During the campaign, all the candidates, including the pro-business ones who have their reasonable share of responsibility in tilting the balance towards their own narrowly defined interests, voiced out the many hardships endured by common folks, an hypocrisy that made the Democrats’ past farsighted claims clearly inaudible. Second, organizational capacity is everything, although it plays along very dissimilar fault lines: Chan Meng Kam’s highly improbable triple win derives from his deep resources, an ethnic community base, a real populist flair for empathizing with ordinary people, the well-advertised supposed achievements of the incumbent, and an open support given by the challengers (junkets, new casino licensees and second-circle traditional political families) to old traditional vested interests (the three big Macao clans). In the case of Mak Soi Kun, the second highest vote getter, the support from the mainland was decisive and he is definitely what comes closer to a pro-Beijing camp in Macao. Finally, traditional associations shifted their support from pro-union to neighborhood related lists, as if Kwan Tsui Hang’s independence of mind had to somehow be trimmed. But potent organizational capacity also produced positive results for José Pereira Coutinho’s list and even, to a lesser degree, for Melinda Chan. The question is for the Democrats and even Coutinho if he wants to pursue further his legally innovative and policy-oriented role: how can any organization continue to be relevant for the community without proper resources (self-generated, on loan or granted)? The only answer lies in a real law on political parties, a law that would allow for a transparent and substantial public financing of political organizations that manage to garner significant results during election time.
Ultimately, only a meaningful assembly, one that is fully elected will make it possible for corruption to be curtailed, real competition to occur and sophisticated policy alternatives to be proposed: in the meantime we are stuck with royal appointments of the rust-roof “big gun” Fong Chi Keong, a close associate of the Ho’s, and the clumsy debut of a tender Ma. On what ground? Business, as usual.
Published in Macau Daily Times, October 11th 2013
For directly elected members of the Assembly, results—not necessarily the most desirable ones, one must admit—yield two main lessons. First, the Democrats are not the highest vote-getters in these kind of elections any more, and thus will have to reflect deeply on a strategy that merely favor opposing and confronting the government, its many shortcomings and its cronies. In a more affluent society, one in which the have-nots are getting wealthier even though not at the same pace as the happy few, demands have to be formulated more in terms of alternative and therefore in displaying a capacity to propose and not only to oppose—a perspective fully acknowledged and marginally put in practice by José Pereira Coutinho. During the campaign, all the candidates, including the pro-business ones who have their reasonable share of responsibility in tilting the balance towards their own narrowly defined interests, voiced out the many hardships endured by common folks, an hypocrisy that made the Democrats’ past farsighted claims clearly inaudible. Second, organizational capacity is everything, although it plays along very dissimilar fault lines: Chan Meng Kam’s highly improbable triple win derives from his deep resources, an ethnic community base, a real populist flair for empathizing with ordinary people, the well-advertised supposed achievements of the incumbent, and an open support given by the challengers (junkets, new casino licensees and second-circle traditional political families) to old traditional vested interests (the three big Macao clans). In the case of Mak Soi Kun, the second highest vote getter, the support from the mainland was decisive and he is definitely what comes closer to a pro-Beijing camp in Macao. Finally, traditional associations shifted their support from pro-union to neighborhood related lists, as if Kwan Tsui Hang’s independence of mind had to somehow be trimmed. But potent organizational capacity also produced positive results for José Pereira Coutinho’s list and even, to a lesser degree, for Melinda Chan. The question is for the Democrats and even Coutinho if he wants to pursue further his legally innovative and policy-oriented role: how can any organization continue to be relevant for the community without proper resources (self-generated, on loan or granted)? The only answer lies in a real law on political parties, a law that would allow for a transparent and substantial public financing of political organizations that manage to garner significant results during election time.
Ultimately, only a meaningful assembly, one that is fully elected will make it possible for corruption to be curtailed, real competition to occur and sophisticated policy alternatives to be proposed: in the meantime we are stuck with royal appointments of the rust-roof “big gun” Fong Chi Keong, a close associate of the Ho’s, and the clumsy debut of a tender Ma. On what ground? Business, as usual.
Published in Macau Daily Times, October 11th 2013
Friday, August 30, 2013
Kapok: Of expected uncertainties
To all the people who believe that the electoral campaign starting on August 31st and leading to the vote of “9.15” is an absolute travesty of democracy I say: You are wrong! Two reasons for the professional cynics to refrain from exercising their disheartening doubtful scorn for electoral politics in the SAR context: First of all, because quite a good number of very respectful, experienced and committed candidates are going to take that campaign very seriously—for that reason alone, comfy disdain is shameful; and then, one can indeed expect far more competition than the widespread “done deal” common sense would like us to believe—it is not only an additional two seats that are going to be contended, but at least five and possibly seven out of 14 opened to universal suffrage.
What is true though is that the government will still hold at least 80% of support in the new Assembly, whatever happens: Out of a total of 33 legislators, seven are directly appointed by the Chief Executive, 12 are endorsed—no real election there despite all the claims—by functional constituencies tightly intertwined together and with the government, and at the very least eight elected lawmakers will never fail to be supportive of the government’s policies, whatever disagreements they might have expressed—and that goes beyond party discipline and is more in tune with self-serving subservience. But then, alternative voices are needed, and this is why, despite the traditional patron-client relations that exist in Macao and the highly restrictive voting system that is being used for these elections (the inglorious modified D’Hondt method), we could be in for a few surprises—uncertainty in essence is democratic!
Despite the lack of reliable studies about voter behaviors—far too often we hear that people are not interested in politics in Macao, and yet samples and questionnaires are either unsatisfactory or biased—it has become rather obvious that a significant segment of the population is quite unhappy with the overall performance of the Legislature and only four lawmakers make the cut above 60% of satisfaction as reported last year by the Association of Macao New Vision: two democrats, Ng Kuok Cheong and Au Kam San, an independent legislator cum-civil servant representative José Pereira Coutinho and Kwan Tsui Hang (traditional Macao Federation of Trade Unions). The worst performers among the directly elected legislators are all from the business sector and especially casino-related—the last of them all being Angela Leong who also holds the record in her category for being the most absent in plenary sessions in 2012/2013. This disgruntlement regarding business-related legislators, the growing strength of the democrats who have been the highest vote-getters in the three previous elections and who are now becoming ever more assertive (aiming at five seats with three lists), the decline of traditional associations (why else offer Chan Hong a seat in an indirect constituency if the Kaifong was so confident?), and an electorate that has become younger at one end (52,000 voters out of a total of 277,000 are aged 29 and below) and more critical for the largest cohorts composed of people in their 50s (74,000 of them) have to be factored in. Then incumbents (Chan Wai Chi, the No. 2 on Ng Kuok Cheong’s list; Melinda Chan Mei Yi, the one least well elected in 2009), new comers on well-established lists (Si Ka Lon, Chan Meng Kam’s No. 2; Lam Lon Wai, Kwan Tsui Hang’s No. 2; and Wong Kit Cheng, Ho Ian Song’s No. 2) as well as novel challengers (Agnes Lam and Jason Chao) all stand an almost equal chance of winning.
Combine the need and craving for change with an unduly limited window of competitive opportunity, and you are almost for sure heading for a bloodthirsty electoral clash, one in which social media could very well serve an extreme role in twisting the campaign towards a negative style, thus exposing the hypocrisy of a few and the distrust in many. And in Macao, nobody needs to be reminded that “a throw of the dice will never abolish chance.”
Published in Macau Daily Times, August 30th 2013
What is true though is that the government will still hold at least 80% of support in the new Assembly, whatever happens: Out of a total of 33 legislators, seven are directly appointed by the Chief Executive, 12 are endorsed—no real election there despite all the claims—by functional constituencies tightly intertwined together and with the government, and at the very least eight elected lawmakers will never fail to be supportive of the government’s policies, whatever disagreements they might have expressed—and that goes beyond party discipline and is more in tune with self-serving subservience. But then, alternative voices are needed, and this is why, despite the traditional patron-client relations that exist in Macao and the highly restrictive voting system that is being used for these elections (the inglorious modified D’Hondt method), we could be in for a few surprises—uncertainty in essence is democratic!
Despite the lack of reliable studies about voter behaviors—far too often we hear that people are not interested in politics in Macao, and yet samples and questionnaires are either unsatisfactory or biased—it has become rather obvious that a significant segment of the population is quite unhappy with the overall performance of the Legislature and only four lawmakers make the cut above 60% of satisfaction as reported last year by the Association of Macao New Vision: two democrats, Ng Kuok Cheong and Au Kam San, an independent legislator cum-civil servant representative José Pereira Coutinho and Kwan Tsui Hang (traditional Macao Federation of Trade Unions). The worst performers among the directly elected legislators are all from the business sector and especially casino-related—the last of them all being Angela Leong who also holds the record in her category for being the most absent in plenary sessions in 2012/2013. This disgruntlement regarding business-related legislators, the growing strength of the democrats who have been the highest vote-getters in the three previous elections and who are now becoming ever more assertive (aiming at five seats with three lists), the decline of traditional associations (why else offer Chan Hong a seat in an indirect constituency if the Kaifong was so confident?), and an electorate that has become younger at one end (52,000 voters out of a total of 277,000 are aged 29 and below) and more critical for the largest cohorts composed of people in their 50s (74,000 of them) have to be factored in. Then incumbents (Chan Wai Chi, the No. 2 on Ng Kuok Cheong’s list; Melinda Chan Mei Yi, the one least well elected in 2009), new comers on well-established lists (Si Ka Lon, Chan Meng Kam’s No. 2; Lam Lon Wai, Kwan Tsui Hang’s No. 2; and Wong Kit Cheng, Ho Ian Song’s No. 2) as well as novel challengers (Agnes Lam and Jason Chao) all stand an almost equal chance of winning.
Combine the need and craving for change with an unduly limited window of competitive opportunity, and you are almost for sure heading for a bloodthirsty electoral clash, one in which social media could very well serve an extreme role in twisting the campaign towards a negative style, thus exposing the hypocrisy of a few and the distrust in many. And in Macao, nobody needs to be reminded that “a throw of the dice will never abolish chance.”
Published in Macau Daily Times, August 30th 2013
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