A test of tolerance

Tiago Azevedo

“In the state of nature...all men are born equal, but they cannot continue in this equality. Society makes them lose it, and they recover it only by the protection of the law.” Charles de Montesquieu (1689-1755)

The quote from the French political philosopher came to mind after listening to the director of the Labour Affairs Bureau (DSAL) speak about the non-local workers. Earlier this week in an interview with Portuguese news agency Lusa, Shuen Ka Hung said: “[With the new law on imported labour], the rights and duties of non-residents are already well safeguarded, as they enjoy the same rights of residents, however they don’t have freedom to find jobs by themselves.”
He added something like “if the [migrant] worker feels that the conditions offered by the employer are not adequate or if he/she is being mistreated, they can always go back to their country and try to get another job”.
Shuen’s remarks were even backed up by the head of the New Macau Association. The chairman of the so-called democrats argued that the Government should indeed protect local workers, adding: “The freedom to look for a job in Macau is not a legitimate right of the non-local workers.”
Of course the local law allows the migrant worker to terminate the labour contract with just cause, being then able to look for a new job here in Macau. However, and unfortunately, they cannot seek for better salaries or benefits. You want to get a better paycheck? Go back home at least for six months, the law states.
Disappointingly, it seems that the Universal Declaration of Humans Rights has no meaning in Macau. The Article 23 clearly states “Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.”
Moreover, the International Labour Organisation Convention No. 122, which applies to Macau, underlines that each member shall ensure, amongst other protections, that “there is freedom of choice of employment and the fullest possible opportunity for each worker to qualify for, and to use his skills and endowments in, a job for which he is well suited, irrespective of race, colour, sex, religion, political opinion, national extraction or social origin.”
Well, in Macau it seems that some are more equal than others. To be sure that local people have job opportunities, the SAR Government prohibits the non-local workers from looking for better working conditions.
This was the way the Government has addressed anxieties that had caused violent protests in recent years – the latest one occurring in May.
In addition, it approved a minimum 1 to 1 ratio of local to imported workers in the construction industry, the sector that has lodged more complaints over the years.
Let’s hope these measures don’t backfire. After all the complaints from workers, now the developers are starting to voice their concerns. Sands China and Galaxy Entertainment Group have recently admitted that their construction works in Cotai are being affected by a lack of human resources.
Other companies that manage hotels and casinos in Macau, as well as the small and medium enterprises, have also bemoaned that the shortage of manpower could have an effect on the quality of their services – something risky considering Macau wants to become an international tourism destination.
On the other hand, these measures might even be harmful to local workers. Without competition there are no incentives to get more qualifications and to fight for better jobs. Hence, local residents will keep falling behind non-local workers if jobs are handed to them just because a company has to hire a local worker.
If we keep following this path we might hamper our economic growth. For a Government that is always saying that Macau is a free market, thus it will not interfere, it is leaving a huge footprint on the economy's development.
Don’t get me wrong. Macau should protect local workers by giving them opportunities to get the right qualifications and by promoting continuing education; not at the expenses of the non-local workers, who over the years have contributed a lot to what Macau is today.