Forced Labour Convention, 1930 (No. 29) - China - Macau Special Administrative Region (Ratification: 1999)

Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. The Committee notes the Government’s indication, in its report, that several awareness-raising and training activities on labour rights, forced labour and trafficking in persons have been carried out, in particular for law enforcement authorities. The Human Trafficking Deterrent Measures Concern Committee, the inter-institutional body aimed at preventing trafficking in persons and facilitating victims’ access to assistance services, has also been actively involved in international cooperation. The Committee notes the Government’s statement that crimes related to trafficking in persons have been effectively suppressed and characterized by extremely low or even zero incidence rates for many years. It observes that, between 2021 and 2024, the Labour Affairs Bureau's enquiry hotline set up for “combating and preventing forced labour” received a total of 478 enquiries, mainly concerning consultations on labour laws, none of which resulted in the identification of potential victims or required further investigation. In this regard, the Committee notes from the MSAR Anti-Human Trafficking Report (2019–2023), published in August 2024, that according to the information provided by the Social Welfare Bureau no victim sought assistance during this period. It further notes, from the Government’s report, that between 2021 and 2024, three cases of trafficking in persons were filed by the Prosecutor's Office, involving a total of five adult victims. Two cases remain under prosecution, while in the third case one suspect was sentenced to four years and six months of imprisonment for the crime of trafficking in persons, under section 153-A of the Penal Code.

The Committee further notes that, in its 2022 concluding observations, the United Nations Human Rights Committee remained concerned about: (1) the very low number of prosecutions and convictions for trafficking in persons; (2) reports indicating that officials often consider a victim’s initial consent or “voluntary association” with a trafficker as sufficient proof that a crime of trafficking has not occurred; and (3) the tendency for most trafficking cases to be reclassified, during court proceedings, as offences of procurement, illegal lodging or assisting illegal immigration due to lack of evidence (CCPR/C/CHN-MAC/CO/2). The Committee requests the Government to continue its efforts to combat trafficking in persons both for sexual and labour exploitation and to provide information on the activities carried out by the Human Trafficking Deterrent Measures Concern Committee with a view to preventing trafficking, raising awareness, strengthening the capacity of law enforcement bodies, and providing assistance and support to victims. It further requests the Government to provide information on: (i) any specific measures taken to ensure the strengthen the proactive identification of victims of trafficking in persons, indicating the number of persons identified as victims and the type of assistance provided; and (ii) the number of investigations and prosecutions relating to trafficking in persons, the number of convictions handed down, and the penalties imposed under section 153-A of the Penal Code.

2. Vulnerable situation of migrant workers with regard to the exaction of forced labour. The Committee notes that, in their concluding observations, several United Nations treaty bodies have expressed concerned about: (i) migrant construction and domestic workers’ vulnerability to exploitative measures, such as recruitment fees, the withholding of passports and debt-based coercion; (ii) migrant domestic workers’ exclusion from minimum wage protection; and (iii) the absence of updated statistics on the number of complaints filed by migrant workers employed without contracts and on labour disputes (E/C.12/CHN/CO/3, 22 March 2023; and CCPR/C/CHN-MAC/CO/2). The Committee requests the Government to provide information on the measures taken to protect migrant workers from abusive practices and conditions of work that could amount to forced labour, including awareness-raising activities to inform them of their labour rights and the mechanisms available to assert those rights. Please also provide information on: (i) any measures taken to strengthen the monitoring of placement agencies and intermediaries as well as the inspection of working conditions in the sectors employing the highest numbers of migrant workers, including the proactive identification of possible forced labour situations, and the results of the inspections conducted; and (ii) any complaints or cases brought by migrant workers against employers or intermediaries concerning violations of labour rights in situations that could amount to forced labour, and their outcomes.

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request, and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes the comprehensive information provided by the Government on the measures taken to address trafficking in persons for both sexual and labour exploitation, as well as to protect and assist victims. The Committee notes, in particular, the several measures adopted in the context of the five-year action plan to combat trafficking (2010–15), including international and inter-agency cooperation agreements signed with the Government of Mongolia (2010), the International Organization for Migration (2011) and between the Public Security Police, the Macao Customs and the Judiciary Police. With regard to the cooperation agreement signed with the Government of Mongolia, the Committee notes that the parties agreed on protective measures targeting trafficking victims, especially women and children, which include measures to ensure victims’ access to the necessary legal assistance and compensation, as well as social reintegration and repatriation.

As regards awareness-raising initiatives, the Committee notes the information provided by the Government on the activities targeted at government institutions and civil society organizations likely to be in contact with victims and potential victims. Additionally, the Government continues to promote awareness of the general public through campaigns in different media and in schools. The Government also indicates that, in 2013, the Legal Affairs Bureau organized briefings for migrant workers, domestic workers and staff of job placement agencies on the rights of workers and employers, which included information on forced labour and prevention measures.

With regard to capacity-building activities, the Committee notes the statistical information provided by the Government on the number of individuals, including law enforcement officials, who benefitted from training on the identification, prevention and prosecution of trafficking. The Government also indicates that, in spite of its efforts to strengthen the capacity of relevant authorities and raise the awareness of the general public, law enforcement officials continue to face difficulties in gathering reliable evidence, including due to a lack of cooperation of victims and witnesses.

In relation to the application in practice of Law No. 6 of 2008 on combating trafficking in persons and section 153-A of the Penal Code criminalizing the practice, the Committee notes the Government’s indication that three court decisions were handed down between 2010 and 2012. The Committee also notes that, in this period, nine perpetrators were sanctioned with penalties between three and 13 years’ imprisonment. The Committee encourages the Government to pursue its efforts to prevent, suppress and combat trafficking in persons, both for sexual and labour exploitation. The Committee also strongly encourages the Government to pursue its efforts to provide protection and assistance to all victims of trafficking and to continue to provide information in this regard. Please also continue to provide information with regard to the investigations carried out, the court decisions handed down and the penalties imposed.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Articles 1(1) and 2(1) of the Convention. Trafficking in persons.  In its previous reports, the Committee had noted the adoption of Act No. 6/2008 on combating trafficking in persons and which introduced section 153-A in the Penal Code, providing for a precise definition of the crime of trafficking in persons. The Committee requested the Government to provide information on the enforcement of the new Act, as well as indications on any studies that have been carried out on the characteristics of trafficking in Macau. Finally, the Committee requested the Government to provide information on the measures taken to prevent trafficking.

The Committee notes the detailed information provided by the Government in its report as regards the activities carried out aiming at preventing the trafficking in persons, in particular the increase on awareness-raising campaigns through different media, including the establishment of a new Government’s website aimed at informing the general public on the work of the committee responsible for preventing and combating trafficking in persons.

As regards the measures taken to improve victims’ protection, the Government indicated, in particular, the establishment of a shelter service run by the Social Welfare Bureau, operating since July 2008, and the launching of a “trafficking helpline” aimed at providing counselling, emotional support, introduction to social services and service reference, especially for female victims of trafficking. The Government also indicates that cooperation agreements concerning the repatriation of victims have been signed with the corresponding departments of Mainland China and that the Government is seeking to enhance cooperation with social actors and organizations outside the Macau Special Administrative Region. It also indicates that, in the first semester of 2010, a mission to Japan was organized by the Government, with the main objective of exchanging experiences on the measures taken by the various regional governments in combating trafficking and protecting victims, and that a cooperation agreement on combating human trafficking is currently under negotiation with the Government of Mongolia.

The Government also provides information on the future activities of the committee responsible for monitoring measures aimed at preventing trafficking in persons, in particular the conclusion, expected by the end of 2010, of specific studies on the social aspects of trafficking. The Committee is also currently working on the analysis of the available information and the determination of follow-up action with a view to make recommendations to the competent authorities and monitor the activities carried out by the agencies concerned. The Government adds that a five-year action plan will be prepared by the committee, covering the major areas of prevention, victims’ protection and criminal investigation and prosecution of trafficking cases.

In relation to Law No. 6/2008 and the new section 153-A of the Penal Code, the Government refers to the first court decision concerning the crime of human trafficking, and indicates that the relevant measures will be taken relentlessly to ensure the implementation of the Law. Noting the detailed information provided by the Government, which evidences its commitment to combat trafficking, the Committee asks the Government to continue to provide information, in particular on the application in practice of Act No. 6/2008, providing copies of further Court decisions concerning trafficking in persons, as well as information on any difficulties encountered by the competent authorities in identifying victims and in initiating legal proceedings. Please also provide information on the activities carried out by the committee responsible for monitoring measures aimed at preventing the trafficking in persons, including updated information on the outcomes of the studies on the characteristics of trafficking in persons in Macau, as well as on the five-year action plan to be prepared.

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

Articles 1 (paragraph 1), and 2 (paragraph 1), of the Convention. Trafficking in persons. Referring to its previous comments, the Committee notes with interest the adoption of Act No. 6/2008 on combating the trafficking in persons. This Act, which introduced section 153-A into the Penal Code, provides a precise definition of what constitutes the crime of trafficking in persons, which covers the trafficking in persons not only for the purpose of sexual exploitation, but also for the purpose of labour exploitation, and makes this crime punishable with imprisonment for three to 12 years. The Committee also notes that Act No. 6/2008 contains provisions regulating the rights of victims, in particular the right to be compensated for the loss and damage suffered, the right to remain on the territory of Macau until their case is resolved, the right to legal assistance and the right to police, medical and psychological protection. Furthermore, the Act specifies that the Government shall be responsible for establishing a victim protection programme; creating an institution to receive victims; launching an awareness-raising campaign in the media; developing training activities on the prevention and suppression of trafficking, as well as on the identification of victims; and initiating research aimed at promoting a better understanding of the phenomenon of trafficking in persons.

The Government also provides information on the activities carried out by the Committee responsible for monitoring measures aimed at preventing the trafficking in persons, in particular the organization of a workshop in March 2008 with the purpose of enhancing interaction and coordination between the various agencies involved in combating the trafficking in persons and the creation of a telephone helpline operated by trained staff to direct persons towards the competent services. The Government also provides information on the future activities of the Committee, such as the launch of specific studies on the social aspects of trafficking, the analysis of the available information and the determination of follow-up actions in order to make recommendations to the competent authorities and monitor the activities carried out by the agencies concerned. The Government adds that it has strengthened checks at borders and in ports, as well as in those places where this crime is likely to be committed, and that police officers will be given training aimed at improving their knowledge of this phenomenon and their ability to enforce the law. In conclusion, the Government states that the various measures that it has taken show that it has not slowed down its efforts to combat the trafficking in persons, even though if the trafficking of women for the purpose of sexual exploitation is not a serious problem in the Macau Special Administrative Region.

The Committee notes the series of measures taken by the Government to combat the trafficking in persons. It observes that, while the Government seems to consider that the trafficking in women is not a major phenomenon, several United Nations bodies have expressed their concern at the incidence of trafficking in Macau, in particular the trafficking in women and children for the purpose of sexual exploitation, which continues to be a serious problem (see the conclusions of the United Nations Committee Against Torture, document CAT/C/MAC/CO/4 of 19 January 2009, and the conclusions of the United Nations Committee on the Elimination of Racial Discrimination, document CERD/C/CHN/CO/10-13 of 28 August 2009). The Committee hopes that the legislative amendments introduced by Act No. 6/2008 which provides a precise definition of what constitutes the crime of trafficking in persons (section 153-A of the Penal Code) and provides for applicable sanctions, as well as guaranteeing rights and protection for victims will facilitate the work of the prosecution and judicial authorities so that the perpetrators can be prosecuted and punished. The Committee requests the Government to provide information on the measures taken to implement Act No. 6/2008 and to continue indicating the activities carried out by the Committee responsible for monitoring measures aimed at preventing the trafficking in persons. Please indicate, in particular, whether any studies have been carried out on the characteristics of trafficking in persons in Macau, so as to enable the authorities to better understand this phenomenon and take adequate measures. The Committee also requests the Government to provide further information on the legal proceedings initiated under the new section 153-A of the Penal Code, as well as on any difficulties encountered by the competent authorities in identifying victims and involving them in investigations, and in initiating legal proceedings (please provide a copy of any relevant court decisions).

Article 2, paragraph 2(c), of the Convention. Work exacted as a consequence of a conviction in a court of law. In its previous comments, the Committee requested the Government to provide information on the arrangements made for the performance of prison labour by convicted persons for the benefit of private entities, whether inside or outside prison establishments. The Committee notes that the Government confirms in its latest report that convicted persons are only offered vocational training and that, for the time being, it has no plans to make prisoners work for the benefit of private entities, whether inside or outside the prison. If the situation were to change, the Government would inform the Committee of Experts in its next report.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Article 2(2)(c) of the Convention. Work exacted as a consequence of a conviction in a court of law. In its previous comments, the Committee noted Law Decree No. 40/94/M of 25 July 1994 concerning the system of execution of sentences of imprisonment. In particular, it noted that prison labour is compulsory and can be performed inside the prison institution, in workshops, or off the prison premises by the detainee in self-employment or for public or private enterprises. Work performed for the benefit of private enterprises requires the consent of the detainee and benefits from remuneration and other advantages inherent in the occupational category to which the detainee’s functions correspond, subject to deductions allocated to the social rehabilitation fund. The Committee asked the Government to provide further information on the work carried out by detainees for the benefit of private entities, whether performed inside or outside the prison institution (working conditions, remuneration, existence of an employment contract).

In its report, the Government states that no work has yet been assigned to detainees in prison institutions, whether on or off the premises. Detainees are only offered vocational training inside the prison. Participation in such training is voluntary and detainees receive a financial payment as an encouragement. The Committee notes this information. In the event that the situation changes and detainees are assigned work, the Committee asks the Government to provide information in its future reports on the arrangements in respect of prison labour performed by convicted persons and carried out for the benefit of private entities, whether inside or outside penal institutions.

Articles 1(1) and 2(1). Trafficking in persons for the purpose of exploitation. On the basis of the concluding observations of the Committee on Economic, Social and Cultural Rights on the implementation by Macau SAR of the International Covenant on Economic, Social and Cultural Rights, the Committee asked the Government to supply information on the extent of trafficking in women for sexual exploitation and to indicate the provisions of national law which criminalize trafficking in persons and which provide for the punishment of those responsible, and the measures taken to prevent this phenomenon.

In its report, the Government states that trafficking in women for sexual exploitation is not widespread. It states that, according to available crime statistics, 51 crimes against sexual freedom and self-determination were recorded in 2004; nevertheless, it is impossible to know whether these figures concern any cases of trafficking in women for sexual exploitation. The Government states that the majority of female prostitutes come from abroad and arrive in the country as tourists or without valid papers, and engage in prostitution for financial reasons. The Government lists a number of provisions from the Penal Code and Organized Crime Act No. 6/97/M of 30 July 1997 under which trafficking in persons and prostitution may be penalized. The Government adds that one of the roles of the public security force and the criminal police force, within the framework of their respective functions, is to prevent and combat the trafficking of persons and prostitution. The Committee notes all this information. It notes that, although the Penal Code does not expressly provide for the crime of people trafficking, the provisions on threats, coercion and the procuring of persons could be used to convict persons involved in the trafficking of persons for sexual exploitation; the same can be said of section 7 of the Organized Crime Act, which punishes the trafficking of persons for the purposes of prostitution with a prison sentence of two to eight years. The Committee requests the Government to provide in its next report information on any decisions made by the courts in pursuance of the above provisions. It would also like the Government to indicate the measures adopted to protect victims of trafficking, in so far as such persons should not be held responsible for what has happened to them, but be considered first and foremost as victims. Finally, the Committee has been informed of the creation of a committee responsible for following up on measures to dissuade the trafficking of persons (Ordinance No. 266/2007 of the Chief Executive of 30 August 2007). The Committee notes that this committee’s main duties are to analyse, assess and study the national situation in respect of social phenomena relating to the trafficking of persons, promote sociological research and analysis, issue recommendations and supervise the activities of the departments responsible for combating the trafficking of persons, with a view to prevention and the protection and reintegration of victims. The Committee asks the Government to provide information on the work carried out within this committee and, in particular, on its findings, proposals or recommendations.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Commission notes the information contained in the first and second reports of the Government. It hopes to receive additional information on the following points.

Article 2, paragraph 2(c), of the Convention. Work exacted as a consequence of a conviction in a court of law. The Committee notes that under the terms of article 52 of Law Decree No. 40/94/M of 25 July 1994 concerning the system of execution of sentences of imprisonment, convicted detainees have an obligation to perform work which is assigned to them. Under article 53, work can be performed inside the prison institution, in workshops or outside prison premises by the detainee in self-employment or for public or private enterprises. Work performed for the benefit of private enterprises requires the consent of the detainee. Furthermore, a detainee engaged in work outside prison premises has the right to remuneration and other advantages inherent in the occupational category to which his or her functions correspond, subject to deductions allocated to the social rehabilitation fund. Finally, the payment of detainees working inside is calculated on the basis of salaries paid to free workers for identical work and of the costs of imprisonment and is determined by internal regulations (article 54). The Committee also notes the regulations of the Coloane penal institution, provided by the Government, of which article 28 specifies that this establishment applies a salary scale approved by the social reintegration fund. The Committee notes with interest this information and asks the Government to provide information on the practical application of these provisions, notably information concerning work carried out by detainees for the benefit of private entities, whether performed inside or outside the penal institution (working conditions, remuneration, existence of an employment contract).

Trafficking in persons. The Committee notes that in its concluding observations on the implementation by Macau SAR of the International Covenant on Economic, Social and Cultural Rights, the Committee on Economic, Social and Cultural Rights noted with concern that trafficking in women and children for sexual exploitation is a serious problem in Macau SAR and that prosecution of traffickers generally has not been effective. The Committee recommended that Macau SAR make concerted efforts to combat the phenomenon of trafficking in persons and ensure that victims of trafficking have access to crisis centres where they can receive assistance (E/C.12/1/Add.107, May 2005). The Committee asks the Government to supply information on the extent of this phenomenon and to indicate the provisions of national law which criminalize the trafficking in persons and which provide for the punishment of those responsible. The Committee also requests the Government to provide information concerning measures taken to prevent, punish and suppress the trafficking in persons. The Government is asked to refer to the Committee’s general observation of 2000.