Black People In Brunei: A Community's Presence

Brunei is a small country on the north coast of Borneo in Southeast Asia, with a population of around 450,000 people. The country is ethnically diverse, with a Malay majority (66%) and significant Chinese (10%) and indigenous minorities (4%). Other smaller immigrant communities come from the Philippines, Indonesia, Bangladesh, and South Asia. While Islam is the official religion, around a fifth of the population subscribes to other faiths, including Christianity, Buddhism, and indigenous beliefs. Brunei's demographic features include a hereditary nobility, with titles awarded by the Sultan, and a requirement to pass tests in Malay culture, customs, and language to attain citizenship. The country's population is growing steadily, with an urbanization rate of more than 2% per year, and it is expected to reach 560,000 by 2030.

Black Lives Matter support in Brunei

In 2020, the Black Lives Matter (BLM) movement gained significant support in Brunei following the murder of George Floyd by a Minneapolis police officer. Bruneians, who rarely speak out about contentious issues, took to Twitter, Reddit, and other social media platforms to express their solidarity with the movement. This included Bruneian social media influencers, who were pressured into showing their support for BLM after receiving messages from followers.

However, the movement also faced division and criticism in the country. Some Bruneians accused local BLM supporters of hypocrisy for generally ignoring deep-rooted racism within Brunei, which is rarely called out. Brunei is a majority ethnic Malay nation, and evidence of political and cultural bias towards ethnic Malays and racist attitudes towards non-Malays can be found in various aspects of society, including classrooms, businesses, workplaces, and government policies.

Despite this, the attention given to BLM in Brunei sparked a remarkable debate about racism in the country. Some Bruneians began to call out racism within the country, and there was a sense of hope that these discussions would lead to greater racial equality and less discrimination.

Overall, while the BLM movement faced some criticism in Brunei, it also received significant support and helped initiate conversations about racial inequality and discrimination within the country.

Racism in Brunei

The country's national philosophy, Melayu Islam Beraja (MIB), emphasises Malay culture, Islam, and absolute monarchy as guiding principles. This philosophy perpetuates racial inequality and racist attitudes by favouring the ethnic Malay population in various aspects of life, including education, scholarships, employment, cultural celebrations, and legal rights.

Brunei's Constitution upholds the privileged position of Malays and Muslims by excluding non-Malays and non-Muslims from holding certain public offices. The Constitution also restricts the appointment of anyone other than Malay Muslim citizens to key positions such as auditor-general, attorney general, and speaker of the Legislative Council.

Additionally, non-Malay residents face significant disadvantages in gaining Bruneian citizenship. The Brunei Nationality Act typically confers automatic citizenship on those belonging to specific indigenous groups of the Malay race or those with a Bruneian citizen father. All other individuals, including those with generational ties to the country, must go through a challenging citizenship application process.

The absence of legal protections for victims of racial discrimination and hate speech further exacerbates the issue. Brunei is one of the few Southeast Asian countries that have not signed the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), which aims to eliminate racial discrimination, promote understanding among races, and outlaw hate speech.

The lasting effects of racism in Brunei are profound, with many ethnic minorities experiencing racist comments, stereotyping, and identity questioning from a young age. These experiences can lead to mental and emotional scars that last a lifetime.

Despite the prevalence of racism in Brunei, there is a glimmer of hope. Some Bruneian social media influencers have started to call out racism within the country, and discussions about Black Lives Matter have sparked conversations about ethnic and racial minorities' treatment in Brunei. However, it remains to be seen whether these discussions will lead to concrete changes in laws and policies that promote racial equality and protect minorities' rights.

Bruneian citizenship

By Birth

Being born in Brunei does not automatically make a person a citizen. Citizenship is only granted to those born to a Bruneian father, or to a Bruneian mother and a stateless or unknown father.

By Descent

A child born to a Bruneian father, regardless of the country of birth, is entitled to Bruneian citizenship. The same applies to a child born to a Bruneian mother and a stateless or unknown father.

By Naturalisation

Dual Citizenship

Dual citizenship is not recognised in Brunei, except for children born outside of the country to Bruneian parents. In this case, dual citizenship can be held until the age of 18, after which a choice must be made.

Loss of Citizenship

Voluntary renunciation of citizenship is permitted, and can be arranged by contacting the Bruneian Embassy. Citizenship will also be revoked if an individual acquires a foreign citizenship.

Statelessness in Brunei

Statelessness is a significant issue in Brunei, with a sizable portion of the population lacking citizenship. As of 2022, there were 20,863 stateless persons reported to the UNHCR, accounting for about 6.2% of the country's total population. This figure has remained relatively consistent over the last decade, with the 2011 census reporting 20,500 stateless individuals.

The primary cause of statelessness in Brunei is the country's citizenship laws, which contain racially and gender discriminatory provisions. Malay ethnicity and citizenship are deeply intertwined, and the eligibility for nationality is limited to certain prescribed ethnic groups, specifically the "indigenous groups of the Malay race." As a result, the largest affected group is persons of Chinese heritage, who are not considered one of the prescribed indigenous groups. While they may hold permanent residence status and identity certificates that provide some rights, they are still denied citizenship and face various restrictions on travel, access to healthcare and higher education, and property ownership.

Other factors contributing to statelessness in Brunei include administrative barriers, lack of legal safeguards against childhood statelessness, and citizenship stripping. Obtaining citizenship in Brunei is a challenging process, even for stateless individuals born in the country. While a naturalization process exists, it requires meeting stringent residence requirements and passing tests on Malay culture and language. Despite fulfilling these demanding criteria, some applicants have reported waiting for years, ranging from five to ten years, without receiving citizenship.

Additionally, Brunei's citizenship laws discriminate against women, limiting their ability to confer nationality to their children. Children born to a Bruneian mother and a non-citizen father are at risk of statelessness due to these gender-discriminatory provisions. This issue was highlighted by the CRC Committee, which recommended that Brunei amend its nationality laws to ensure that women have equal rights to confer citizenship to their children.

The absence of clear and transparent data on statelessness in Brunei further exacerbates the problem. The reported figures from the government are inconsistent with estimates from other sources, such as the US Department of State, which estimated that there could be as many as 150,000 stateless individuals in the country.

The issue of statelessness in Brunei has attracted international attention, with the UNHCR calling on the country to amend its racially discriminatory provisions. Additionally, Brunei's low rate of treaty ratification, particularly regarding conventions related to statelessness, has been noted. The country has yet to ratify crucial treaties such as the 1954 Convention relating to the Status of Stateless Persons, the 1961 Convention on the Reduction of Statelessness, and the 1951 Refugee Convention.

Despite the challenges, there have been some positive developments. Brunei has cooperated with the Office of the United Nations High Commissioner for Refugees (UNHCR) by agreeing to share statistics on stateless individuals and those granted citizenship. Additionally, the government has instituted a birth registration program for stateless children, which helps prevent them from slipping through the cracks of the legal system and ensures their access to education, healthcare, and employment in the future.

Islam in Brunei

Islam is the official religion of Brunei, with 82.1% of the population identifying as Muslim, according to the 2021 government census. The vast majority of these are Sunnis of Malay, Arab, and Indian origin, who follow the Shafi'i school of jurisprudence. Brunei's constitution states that while the official religion is the Shafi'i school of Sunni Islam, all other religions may be practised "in peace and harmony".

The history of Islam in Brunei dates back to the 10th century, when a Chinese Muslim diplomat and trader, P'u-lu-shieh, arrived in 977. A delegation from Brunei, led by another Muslim, P'u A-li (Abu Ali), visited China soon after, suggesting that Islam was practised in the country's royal court at this time. Islamic tombstones show that Islam was prevalent in Brunei long before Awang Alak Betatar (later Sultan Muhammad Shah) converted to Islam in the late 14th century.

The arrival of Arab immigrant Sheikh Syarif Ali (later Sultan Sharif Ali), a descendant of Prophet Muhammad, in the 15th century had a significant impact on the spread of Islam in Brunei. He promoted Islam in Java and constructed a mosque in Brunei, giving Friday lectures. Islam was also spread throughout Borneo and into the southern Philippines by Sultan Sharif Ali and other Sultans. By the 16th century, Brunei had solidified Islam, and Islamic components were incorporated into its legislation.

In the 19th and early 20th centuries, foreign Islamic missionaries from the Patani Kingdom in southern Thailand, and the nearby Borneo regions of the Sultanate of Sambas and Sarawak, were active in Brunei. Students in Brunei studied popular books written by religious intellectuals from the Sambas Sultanate, such as Sheikh Ahmad Khatib.

In 1912 and 1913, a set of Sharia laws known as the Mohammedan Enactments were created to govern civil concerns related to marriage, family, and inheritance. In 1959, Islam was formally recognised as Brunei's official religion under the country's constitution.

Brunei gained independence in 1984, and since then, the Sultan has committed significant resources to the sultanate's Islamic development. He has constructed ornate mosques, supported Islamic education, and promoted religious pilgrimages to Mecca and other religious events. The Sultan has also steered the country towards a stricter interpretation of Islam, repressing reformism and promoting a fundamentalist interpretation connected to the Melayu Islam Beraja (MIB) through the state-run media and educational system.

The day-to-day management of religious affairs in Brunei falls under the purview of the Ministry of Religious Affairs, which was established in 1986. The function of the mufti, a religious leader appointed by the Prime Minister's Office, is quite evident in a country where religious enthusiasm is growing. The mufti defends various religious bans, including the prohibition of alcohol.

The Sharia Penal Code (SPC), enforced by the government, states that offences such as apostasy and blasphemy are punishable by corporal and capital punishment, including stoning, amputation, and caning. The SPC applies to both Muslims and non-Muslims, with non-Muslims exempted from certain sections, such as requirements for men to join Friday prayers.

While the constitution allows the free practice of other religions, there are restrictions on the ability of non-Muslims to proselytize. The government also officially bans certain religious groups it considers "deviant", including the Ahmadiyya Muslim Community, the Baha'i Faith, and Jehovah's Witnesses.

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