Brunei's Death Penalty For Gay People: Stoning Laws

In 2019, Brunei introduced a new penal code that made gay sex punishable by stoning to death. The laws, which were implemented in April, sparked international condemnation from human rights groups and celebrities, with the United Nations labelling them cruel and inhumane. Brunei's small LGBT community expressed shock and fear at the medieval punishments, with some seeking asylum in other countries. The laws are part of the country's years-long programme to incorporate Sharia into official legal practice alongside common law. While Brunei has defended the laws, claiming they will nurture its citizens and will rarely be used in practice, the international community has largely deemed them appalling.

International condemnation

The implementation of the death penalty for gay sex in Brunei sparked international condemnation and outrage. The United Nations' high commissioner for human rights condemned the move as "inhuman", stating that it violated the 1948 Universal Declaration of Human Rights, which Brunei had ratified in 2006. The UN had previously warned that the laws contravened international human rights standards. The legislation was also described as “cruel, inhuman and degrading”, marking a “serious setback” for human rights protection.

In response to the international backlash, Brunei's foreign ministry defended its laws, stating that Sharia law "focuses more on prevention than punishment" and that its aim is to "educate, deter, rehabilitate and nurture rather than to punish". The foreign minister, Erywan Yusof, insisted that Brunei had a "strong commitment" to human rights and that criminalising "adultery and sodomy" would benefit Muslims, particularly women, by “safeguarding the sanctity of family lineage and marriage”.

However, the international community, including celebrities and human rights activists, continued to voice their opposition to the laws. George Clooney and Elton John joined rights groups in calling for a boycott of hotels linked to Brunei, while large companies such as JPMorgan and Deutsche Bank instructed their staff to avoid using Brunei-owned hotels. Hollywood actor George Clooney described the new laws as "human rights violations", and other celebrities, including Ellen DeGeneres, called for people to “rise up”.

In addition to the celebrity protests and boycotts, there was also a broader global response. The Commonwealth Secretary-General, Patricia Scotland, expressed relief that the death penalty had been removed and that the moratorium would cover the new legislation. The University of Aberdeen in the UK also placed an honorary degree awarded to the Sultan of Brunei under review.

The law's inhumanity

The laws in Brunei that allow for the stoning to death of gay people have been widely criticised for their inhumanity. The United Nations' high commissioner for human rights has condemned the move as "inhuman", stating that it violates the 1948 Universal Declaration of Human Rights, which Brunei ratified in 2006. The UN's statement also referred to the legislation as “cruel and degrading” and a "serious setback" for human rights protection.

The laws have also been criticised by human rights groups and celebrities, with some calling for a boycott of luxury hotels owned by Brunei's leader. These include the Beverley Hills Hotel in Los Angeles and the Dorchester Hotel in London. The UK's University of Aberdeen also revoked the Sultan's honorary degree in response to the measures.

The laws have caused fear and dismay among the LGBT community in Brunei, with some seeking asylum in other countries. One gay man in Brunei expressed his fear that he could meet a "government spy" if he arranged a date online. Another man, who has renounced Islam, said he felt "fearful and numb" in the face of the laws being implemented.

The laws are part of a wider range of strict Islamic laws that Brunei is introducing, which also include punishment for theft by amputation. These laws have been defended by Brunei's foreign ministry, which has stated that Sharia law "focuses more on prevention than punishment" and that its aim is to "educate, deter, rehabilitate and nurture rather than to punish". However, critics argue that the laws are being used by the Sultan to shore up support among conservatives and tighten his grip on the country.

The rarity of enforcement

In 2019, Brunei introduced a new penal code based on Sharia law, which made sex between men punishable by stoning to death. This move was met with international condemnation, including from the UN's High Commissioner for Human Rights, who described it as "inhuman". Despite the outcry, the country's ruler, Sultan Hassanal Bolkiah, initially defended the new laws, saying that their "merit" would become clear.

However, it is important to note that the enforcement of these laws has been rare. In fact, Brunei has not carried out an execution since 1957. Additionally, the laws themselves present a high barrier to enforcement. According to the foreign minister, Erywan Yusof, the laws require "an extremely high evidentiary threshold, requiring no less than two to four men of high moral standing and piety as witnesses". These standards are so high that it is extremely difficult to find such witnesses, making it unlikely that anyone would be convicted under these laws.

While the enforcement of these laws has been rare, it is important to note that the mere existence of these laws has had a significant impact on Brunei's LGBT community. They have expressed shock and fear at the potential punishments and feel the need to remain discreet about their sexual orientation. The international community, including human rights activists, has advised LGBT people in Brunei to remain cautious and discreet.

The impact on Brunei's LGBTQ+ community

Brunei's LGBTQ+ community has been significantly impacted by the country's anti-LGBTQ+ laws, which include punishments of stoning to death for gay sex and adultery, and amputation for theft. These laws have been widely condemned by the United Nations, human rights organizations, and celebrities as "cruel, inhuman, and degrading", with some even calling for boycotts of Brunei-owned luxury hotels.

The LGBTQ+ community in Brunei has expressed shock and fear at the potential implementation of these "medieval punishments". They feel that their neighbors, family, and even strangers might be okay with stoning them to death, simply because of their sexual orientation. The community in Brunei has always been very hidden and discreet due to the illegality of homosexuality, and the threat of stoning has only increased their need for secrecy. One gay man shared that dating apps like Grindr, which previously helped people meet in secret, are now hardly used due to the fear of unknowingly talking to a police officer.

The impact of these laws goes beyond the LGBTQ+ community, as anyone convicted of "tarnishing the image of Islam" may be heavily punished. Individuals who have renounced Islam also face the death penalty for apostasy under Sharia law. The laws also target Muslim children, threatening those who "persuade, tell, or encourage" children under 18 to accept non-Islamic religions with fines or jail time.

While the Bruneian government has defended the laws as necessary to "nurture" its citizens and claims they will rarely be used in practice, the threat of stoning has already impacted the LGBTQ+ community, causing fear and further pushing them into secrecy and silence.

The economic context

Brunei's economy is almost entirely dependent on its exports of crude oil and natural gas, with revenues from the petroleum sector accounting for over half of its GDP. The country is the third-largest oil producer in Southeast Asia and the ninth-largest producer of liquefied natural gas in the world. While per capita GDP is high, the country's economy is vulnerable to fluctuations in the price of petroleum, which has caused uncertainty and instability.

In the 1970s, Brunei invested sharply increasing revenues from petroleum exports and kept government spending low and constant. This allowed the government to build its foreign reserves and invest them globally to provide for future generations. However, since 1986, petroleum revenues have decreased, and government spending has increased, resulting in a budget deficit since 1988. The economy suffered a decline of almost 30% in 1986 due to a combination of sharply lower petroleum prices and voluntary production cuts. The Asian financial crisis in 1997 and 1998, along with fluctuations in oil prices, have further impacted the country's economic stability.

The government has been working to diversify the economy away from oil and gas, encouraging the development of other sectors such as agriculture, fisheries, tourism, and financial services. Brunei has also been striving to reduce its dependence on food imports by developing its agricultural industry. By the early 21st century, the country had become self-sufficient in poultry and egg production and was approaching self-sufficiency in vegetable production.

Brunei's substantial foreign reserves are managed by the Brunei Investment Agency (BIA), an arm of the Ministry of Finance and Economy. The BIA aims to increase the real value of the country's foreign reserves while pursuing a diverse investment strategy, with holdings in the United States, Japan, Western Europe, and the Association of South East Asian Nations (ASEAN) countries.

The country's leaders are concerned that increased integration into the world economy could undermine internal social cohesion. At the same time, they have taken steps to become a more prominent player in the global economy, such as by serving as chairman for the 2000 APEC (Asia-Pacific Economic Cooperation) forum.

The implementation of strict Islamic laws, such as those punishing homosexuality by stoning, has been suggested as a way for the government to strengthen its hold on power in the face of a declining economy and potential unrest. Additionally, it could be a strategy to attract more investment and tourists from the Muslim world.

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