Goa and Macao

The Portuguese, beginning with Goa in 1510 were the first European power, to acquire a colony in Asia and the last to leave with the ceding of Macao, in 1997.

Goa became part of India, when Indian Armed Forces marched in and overthrew the Portuguese. The armed action was legalised when the Twelfth Amendment to the Constitution of India was approved by the Lok Sabha on 14.3.1962 and a few days later by the Rajya Sabha. The objects and reasons for the Bill stated:

“On the acquisition of the territories of Goa, Daman and Diu with effect from the 20th December, 1961, these territories have, by virtue of sub-clause (c) of clause (3) of Article 1 of the Constitution, been comprised within the territory of India from that date and they are being administered as a Union territory by the President through an Administrator in accordance with article 239 of the Constitution…………” 

Later, the issue reached the Supreme Court of India on a dispute raised by Rev Fr Chico Monteiro in which the Supreme Court held :

“In the present case the facts are that the military engagement was only a few hours' duration and then there was no resistance - at all……………………... True annexation followed here so close upon military occupation as to leave no real hiatus. We can only take the critical date of true and final annexation as December 20, 1961 when the entire government and administration were taken over and there was no army in occupation - and no army in opposition. The occupation on December 20, 1961 was neither belligerent occupation nor anticipated occupation, but true annexation by conquest and subjugation.”

So, Goa became an acquisition of India through annexation by conquest  and subjugation. No scope for dispute therein. Why did China not do to the Portuguese in Macao what India did to them in Goa? How and when did Macao become part of China?

Coincidentally, also on twentieth of December, and thirty six years after the acquisition of Goa by India, Macao became part of the People’s Republic of China not by use of armed force, but through a treaty namely: 

“Joint Declaration of the Government of the People's Republic of China and the Government of the Portuguese Republic on the question of Macao”. Signed in March, 1987 the Declaration established the process and conditions of the transfer of the territory from Portuguese rule to the People's Republic of China. The Joint Declaration served also as the main source of fundamental rights that were implemented in the Macao Special Administrative Region Basic Law. 

The Treaty provided for Portuguese administration to officially end on 20 December, 1999. Although it would become a full part of the People's Republic of China, Macao would enjoy the status of a Special Administrative Region (SAR), with full autonomy and self-governance in domestic affairs, economic policy and internal security. The system of "One country, two systems" would be established, exempting Macao from the Socialist system and several laws decreed by the central government in Beijing. The capitalist, legal system and liberal society enjoyed by Macau would remain unchanged for a minimum of 50 years after the transfer. The Chinese government would not levy taxes on Macau nor make laws pertaining to Macau's governance. The Macau SAR would enjoy a great degree of autonomy in all but foreign affairs and defence, which would remain under Chinese control. Bearing the name of "Macao, China," Macao would enjoy the right to conclude agreements and arrangements with Portugal and international organisations for its own development. 

As per Basic Law, Macao has its own currency called the “Pataca” and its own flag. It is a member of the World Trade Organisation, maintains economic and trade relations with more than hundred twenty countries, is a member of the IMF, is an offshore financial centre, Tax Haven and a Free Port. All financial revenue of Macao are managed and controlled by the regional authorities and the People’s Govt. in Beijing has no right over the revenue. No  mainland Chinese can enter Macao without an Exit-Entry Permit. And Macao can independently issue visas to foreigners to enter Macao.

The original framework of the legal system based on the Portuguese Law has been retained. Macao has its own independent judicial system with a High Court.  Foreign Judges may also serve on the Court. There is a Legislative Assembly with a  thirty three members body headed by a Chief Executive. And as it happens, one of the more vocal legislators, Jose Maria Pereira Coutinho traces his roots to my own village of Majorda here in Goa.

Before the acquisition of Goa, Nehru speaking in parliament on Marvh 28, 1951 declared “Let me make clear our policy in regards to the foreign possessions in India. India cannot tolerate any footholds of foreign powers in this country. We are anxious to give the people in these areas an opportunity to live their own life and the right to choose their future. We do not wish to interfere with their ways of life.”

Today, a large number of Goans, including those who had voted for merger, in 1967 bitterly complain that Goan identity is being withered away by the influx of “outsiders”. The Chinese, to their great credit have followed the treaty in letter and spirit and have given Macao a large degree of freedom. Why has India failed to live up to the assurances given in Parliament?  Could Goa not have been part of India with the same freedoms and guarantees as made available to Macao? Is Satya Meva Jayate a mere slogan?

(Radharao F.Gracias is a senior Trial Court Advocate, a former Independent MLA, a political activist, with a reputation for oratory and interests in history and ornithology)