Women's Treatment In Brunei: A Human Rights Concern

Brunei has made commitments to uphold women's rights through legislation and action plans, and it serves on a regional commission to promote and protect the rights of women and children. However, the country has been criticised for its treatment of women, with the US Department of State stating that discrimination against women is a problem in Brunei. Women's rights in the country are limited by a combination of cultural, religious, and legal factors.

Women's rights and gender equality

Brunei Darussalam has committed to implementing the Beijing Platform for Action and to promoting and protecting the rights of women and children. The country has a long-standing policy of providing universal access to education, which has given girls and women equal opportunities to upgrade their knowledge and skills and attain employment in various professional fields.

However, Brunei still has a way to go to achieve gender equality. As of February 2021, only 9.1% of seats in parliament were held by women. There are also gaps in data monitoring, particularly in key areas such as violence against women, unpaid care and domestic work, gender and poverty, physical and sexual harassment, women's access to assets (including land), and gender and the environment.

Brunei's interpretation of Qur'anic precepts means that Muslim women have similar rights to men in areas such as divorce and child custody. However, Islamic law requires that males receive twice the inheritance of women. While the law prohibits sexual harassment and provides for imprisonment and caning for rape, it does not criminalise spousal rape. There is also no specific domestic violence law, although arrests have been made under the Women and Girls Protection Act. Abortion is largely illegal, with exceptions only when the woman's life is in danger.

The country's 2013 Syariah Penal Code, which came into effect in 2019, has been criticised for violating the human rights of women and girls. It punishes extramarital sex with death by stoning and criminalises abortion, cohabiting outside of marriage, and instigating a Muslim divorce or neglect of marital duties. It also punishes "indecent" dressing and cross-dressing, and criminalises non-conforming gender expression.

Sexual and reproductive health

Brunei's Syariah Penal Code, which came into effect on April 3, 2019, poses grave threats to the sexual and reproductive health and rights of women and girls. The code criminalizes and punishes extramarital sex and abortion, which is a concern as it disproportionately affects women and puts them at a higher risk of being convicted. In addition, the narrow evidentiary standards required to prove rape may dissuade survivors from coming forward.

The penal code imposes fines and prison sentences of up to 10 years for abortion or intentional miscarriage. It also criminalizes "close proximity" or cohabitation in an extramarital context, punishable by prison terms. These provisions infringe on women's sexual and reproductive health and rights, as well as their privacy rights.

The country's interpretation of Qur'anic precepts gives Muslim women similar rights to men in areas such as divorce and child custody. However, Islamic law requires that males receive twice the inheritance of women. Civil law, on the other hand, permits female citizens to pass on their nationality to their children and own property and other assets.

Brunei has reaffirmed its commitment to implementing the Beijing Platform for Action and to protecting women's rights through legislation and action plans. The country also serves on a regional commission to promote and protect the rights of women and children. Despite these commitments, there are still gaps in monitoring and data collection for indicators related to violence against women and their access to sexual and reproductive health care.

According to the UN, the maternal mortality rate in 2008 was estimated at 21 deaths per 100,000 live births. Citizens of Brunei have free access to medical and healthcare services, including skilled attendance during childbirth, prenatal and postpartum care, and treatment for sexually transmitted diseases. Contraceptive devices and methods are also available through government and private clinics.

Violence against women

One significant concern is the lack of a specific domestic violence law. Although arrests have been made in domestic violence cases under the Women and Girls Protection Act, the police only investigate such cases when a victim files a report. The penalty for a minor domestic assault is relatively minor, with one to two weeks in jail and a fine. However, an assault resulting in serious injury carries a more severe punishment of caning and a longer prison sentence.

Another issue is the failure to criminalise spousal rape. While protections against sexual assault by a spouse are provided under the amended Islamic Family Law Order 2010 and Married Women Act Order 2010, with a penalty of a fine or imprisonment for breaching a protection order, the law explicitly states that sexual intercourse by a man with his wife, as long as she is not under 13 years of age, is not considered rape. This loophole poses a significant risk to women's safety and well-being.

In recent years, Brunei has implemented Sharia criminal law, which includes harsh punishments for certain "crimes" that disproportionately affect women. For example, the penalty for extramarital sex is death by stoning, and abortion is largely illegal, with exceptions only if the woman's life is in danger. These laws have been criticised for violating international human rights law and Brunei's obligations under conventions such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).

Despite some progress, Brunei still has a long way to go to achieve gender equality and address violence against women effectively. As of February 2021, only 9.1% of seats in parliament were held by women, and there are gaps in monitoring indicators related to violence against women.

Women's political participation

Brunei has made commitments to implement the Beijing Platform for Action and to promote and protect the rights of women and children. The country has also pledged to fulfil its international responsibilities, as demonstrated by its commitment to the Millennium Development Goals, the Sustainable Development Goals, and the Convention on the Elimination of All Forms of Discrimination against Women.

Despite these commitments, women remain underrepresented in Brunei's political landscape. As of February 2021, only 9.1% of seats in parliament were held by women. However, women have started to assume "positions of responsibility" in the government in recent years. They are also able to serve in the armed forces, although they are not allowed to serve in combat situations.

Women's participation in public life strengthens a country's democracy, economy, and long-term peace and stability. To promote women's political participation, the International Republican Institute (IRI) provides women with access to resources and information to build their skills and networks. They also work with local partners, including women activists, civil society organizations, and the media, to spotlight women's viability as political and civic leaders.

In Brunei, women made up 57% of the civil service force and held 28% of senior management posts in the government as of 2008.

Women's employment and economic empowerment

Brunei Darussalam has witnessed a tremendous change in women's roles and statuses over the years. From traditional homemakers, women have evolved into entrepreneurs, high-ranking government officials, and activists, with an increasing presence in the professional and public spheres. The country's long-standing commitment to providing universal access to education has played a pivotal role in this transformation, empowering women with knowledge and skills to pursue diverse career paths. Brunei's progressive social policies and gender-aware programmes, such as inclusive education, old-age pensions, and adequate maternity leave, have contributed significantly to this progress.

Bruneian women now hold influential positions in the government and the armed forces, challenging traditional stereotypes of female Muslim identity. They comprise 57% of the civil service force and occupy 28% of senior management posts. Brunei also boasts the highest proportion of women in middle and senior management roles in the private sector across Southeast Asia, at 37%.

However, there is still room for improvement. Brunei ranks lowest in the region for female representation in politics, with only 9% of parliamentary seats held by women as of February 2021. The country is taking steps to address this disparity, with the recent appointment of its first female cabinet minister and plans to release its first-ever National Plan of Action on Women. This plan aims to promote gender equity, capacity building, and self-development, with priority areas including economic empowerment, employment, and work-life balance.

The government is also addressing gaps in data collection and identifying challenges faced by women, such as the need for more women in STEM fields, flexible workplaces, and stronger mental health support. These initiatives reflect a commitment to advancing women's economic empowerment and ensuring their active participation in the country's development.

In conclusion, while Bruneian women have made significant strides towards empowerment and gender equality, continued efforts are necessary to address remaining disparities and fully unlock the potential of women in the country.

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