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GB.276/16/1(Rev.2)
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SIXTEENTH ITEM ON THE AGENDA
Report of the Director-General
First Supplementary Report:
Participation of Macao in the activities of
the International Labour Organization
1. Pursuant to the Joint Declaration by the Government of the People's Republic of China and the Government of the Republic of Portugal on the question of Macao, dated 13 April 1987, the People's Republic of China will resume the exercise of sovereignty over Macao with effect from 20 December 1999. As from that date, Macao will become a Special Administrative Region of the People's Republic of China.
2. Within the framework of this Joint Declaration, the Governments of China and Portugal have addressed the attached communications to the Director-General.
3. These communications are submitted to the Governing Body for information and will be published in the Official Bulletin.
Geneva, 15 October 1999.
Appendix
Declaration by the representative of the
Government of Portugal
As the Republic of Portugal is responsible for the external relations of Macao, on behalf of my Government I declare that, the Representatives of Macao, Territory, with its own powers regarding the questions related to the Conventions of the ILO and in accordance with the Article 35, nrs. 1, 4 and 6 of the Constitution of the International Labour Organization (ILO), have been actively participating in the meetings of the Organization as Members of the Portuguese Delegation since 1976.
I have instructions to declare in addition that, in conformity with the Joint Declaration of the Government of the Portuguese Republic and the Government of the People's Republic of China on Macao, ratified in Beijing at April 13, 1987, the Portuguese Republic will remain, until December 19, 1999, responsible for the external relations of Macao. Until that date Representatives of Macao will continue to participate in the meetings of the ILO integrated in the Portuguese Delegation. From December 20, 1999, the exercise of sovereignty on Macao will return to the People's Republic of China.
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Geneva, July 13, 1999. |
(Signed) Álvaro de Mendonça e Moura, |
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Permanent Representative of Portugal. |
Statement by the Government of the People's Republic of China
(Translation)
In accordance with the Joint Declaration of the Government of the People's Republic of China and the Government of the Republic of Portugal on the Question of Macao signed in Beijing on 13 April 1987, the People's Republic of China will resume the exercise of sovereignty over Macao as from 20 December 1999. As an inalienable part of the territory of the People's Republic of China, Macao will become a special administrative region of the People's Republic of China as from that date. The People's Republic of China will thereafter be responsible for the foreign affairs related to the Macao Special Administrative Region.
The People's Republic of China is a Member of the International Labour Organization. At present, the Government of the Republic of Portugal applies international labour Conventions to Macao pursuant to the stipulations of the Constitution of the International Labour Organization relating to "non-metropolitan territories". Accordingly, representatives of the Government, employees and employers of Macao may, as advisers in the Portuguese delegation, participate in conferences of the Organization before 19 December 1999. With effect from 20 December 1999, the Macao Special Administrative Region, which is an inalienable part of the territory of the People's Republic of China, will no longer be a "non-metropolitan territory" and shall not be regarded as such. But the Macao Special Administrative Region shall enjoy autonomy in labour legislation and inspection, and the provisions of paragraph 3 of article 3, and paragraphs 4 and 6 of article 35 of the Constitution of the International Labour Organization may be applied by analogy to the Macao Special Administrative Region, for the purpose of enabling the Macao Special Administrative Region to continue to participate in conferences of the International Labour Organization and for international labour Conventions to be applicable to the Macao Special Administrative Region.
13 July 1999