Brunei: A Country Plagued By Strict Islamic Laws

Brunei, officially Brunei Darussalam, is a small country in Southeast Asia, situated on the northern coast of the island of Borneo. It is a constitutional absolute monarchy ruled by the Sultan, and it implements a fusion of English common law and jurisprudence inspired by Islam, including Sharia law.

Brunei has a population of around 455,000, with approximately 180,000 people living in the capital and largest city, Bandar Seri Begawan. The official language is Malay, and the state religion is Islam, although other religions are tolerated.

The country has extensive petroleum and natural gas fields, making it one of the richest countries in the world, with one of the highest GDPs per capita. Citizens receive numerous benefits, including free education, healthcare, and pensions, as well as access to social housing and cheap loans.

However, Brunei has been criticised for its human rights record, with limited freedom of speech and harsh laws and punishments. Sharia law, which was introduced in 2014, criminalises homosexuality and adultery, with punishments including caning and, in some cases, death by stoning. Non-Muslims are exempt from Sharia law but must still follow certain rules, such as not consuming alcohol in public or eating, drinking, or smoking during Ramadan.

Overall, while Brunei offers a high quality of life for its citizens in terms of economic and social benefits, it has been criticised for its lack of personal freedoms and inhumane laws.

Sharia law

The SPC was fully implemented in April 2019, and it applies to both Muslims and non-Muslims, including foreigners, although non-Muslims are exempt from certain sections. The law includes punishments for crimes such as theft, drug offences, and same-sex relationships, including amputation and death by stoning. However, it's worth noting that no capital or corporal punishments have been enforced since 1957, and there was a de facto moratorium on the death penalty in 2019.

The SPC has been criticised internationally for being cruel towards the LGBTQ+ community and curtailing the rights of religious minorities. The law has provisions for corporal and capital punishment for offences such as apostasy and blasphemy, which can include stoning to death, amputation of hands or feet, or caning. It also bans the propagation of religions other than Islam and places restrictions on the ability of non-Muslims to proselytise.

The implementation of Sharia law in Brunei has had mixed reactions from its citizens. While some members of religious minorities have reported no significant changes in their ability to practise their faiths, others have expressed concern about the restrictions on proselytising and the potential for harsh punishments under the SPC. There have also been reports of social pressure on both non-Muslims and Muslims to conform to Islamic guidelines regarding behaviour.

Additionally, the introduction of Sharia law has raised concerns about human rights violations, particularly regarding the LGBTQ+ community. Same-sex relationships are punishable by up to 10 years in prison, and under Sharia law, they could be punishable by death by stoning. This has led to fears of social retribution and ostracism within the community.

LGBTQ+ rights

Brunei has been described as "the country that has the most worrisome state of rights for LGBT people in Southeast Asia". Both male and female expressions of homosexuality are illegal in Brunei, and same-sex sexual activity has been illegal since 1906.

In 2014, Brunei began a staged implementation of Sharia law, which included a range of punishments for crimes such as theft, drug offences, and same-sex relationships, including amputation and death by stoning. In 2019, the Syariah Penal Code Order (SPCO) was implemented, which made homosexual acts punishable by death by stoning. While the Brunei government has extended its moratorium on the death penalty to the SPCO, this could be revoked at any time by the sultanate.

Under the SPCO, the penalty for same-sex sexual relations between married men is death by stoning, provided there is a confession or four male adult Muslim eyewitnesses. If the evidentiary standards are not met, the maximum penalty is seven years' imprisonment and thirty lashes. For unmarried men, the penalty is one year in prison or 100 lashes. Sexual relations between women are punishable by a combination of any two of three penalties: forty lashes, up to ten years in prison, and a fine of up to B$40,000.

Brunei does not allow changing one's name or gender on official documents, and sex reassignment surgery is not permitted. Members of the LGBTQ+ community in Brunei have reported unofficial and societal discrimination in employment, housing, recreation, and education. They have also reported intimidation by the police, including threats to make their sexuality public.

The LGBTQ+ community in Brunei is very hidden and secret, and individuals feel the need to remain discreet about their sexual orientation. One gay man expressed his fear of using dating apps, saying:

> "I felt like even chat rooms are filled with… hidden people and I’m scared they might just take me away once I get caught by them."

Another gay man, who is seeking asylum in Canada, said:

> "The gay community in Brunei has never been open but when Grindr [a gay dating app] came that helped people meet in secret. But now, what I've heard is that hardly anyone is using Grindr anymore... They're afraid that they might talk to a police officer pretending to be gay."

Alcohol

It is worth noting that the national airline, Royal Brunei Airlines, does not serve alcohol on its flights and serves only "halal" food (prepared according to Islamic law).

The sale of alcohol in Brunei was a topic of discussion on a Reddit thread. Some commenters suggested that allowing alcohol sales to non-Muslims would improve the tourism industry and boost government revenue. Others disagreed, saying that it would open the floodgates for negative elements and that tourists can easily get their alcohol fix in neighbouring countries like Malaysia.

Public displays of Christmas

In Brunei, public displays of Christmas have been banned since 2014 or 2015. The country is ruled by an absolute Islamic monarchy, and the celebration of Christmas is seen as damaging to the Islamic faith. The ban includes the display of Christmas trees, greetings, and decorations, as well as the wearing of Santa hats. Violation of the ban can result in a fine of $20,000, a sentence of up to five years in prison, or both.

The ban was introduced by the Sultan of Brunei, Hassanal Bolkiah, who announced his intention to impose Sharia law on the country's Muslims, who make up about two-thirds of the population. While Sharia law technically applies only to Muslims, even non-Muslims in Brunei must refrain from any public behaviour that goes against it. This means that Christians, who make up about 10% of the population, are allowed to celebrate Christmas privately but cannot have any public displays.

Despite the ban, Christians living in Brunei can still attend special services in churches and celebrate with friends and family at home. In some communities with high concentrations of Christians, putting up a few public decorations may be allowed if the authorities are notified in advance and permission is granted.

Free speech

Brunei is an absolute monarchy ruled by Sultan Hassanal Bolkiah, who has complete executive power and is concurrently the Prime Minister, Foreign Minister, Defence Minister, Finance Minister and the head of Islam in Brunei. The country has been a focus of global attention for its decision to impose harsh Islamic punishments for offences such as adultery and sodomy.

The state of civic space in Brunei has been downgraded to 'repressed' by the CIVICUS Monitor in December 2019, with no documented progress on improving fundamental freedoms. Brunei is an absolute monarchy in which the Sultan exercises executive power, and there are no elected representatives at the national level. The Sultan continues to wield power under a long-standing state of emergency imposed in 1962, which tightly restricts freedom of assembly and expression.

Media cannot report freely, and those deemed to have infringed official limits can be shut down. There are several laws, notably the sweeping Sedition Law, which can be used against government critics. The law criminalises, among other things, acts criticising the Sultan or the royal family. Under the law, it is also an offence to challenge "the standing or prominence of the national philosophy, the Malay Islamic Monarchy concept".

Brunei's only television station is state-run, and the country's main English-language daily newspaper, the Borneo Bulletin, is controlled by the Sultan's family. An informant system is part of the government's internal security apparatus to monitor suspected dissidents, religious minorities, or those accused of crimes.

The law allows the government to close a newspaper without giving prior notice or showing cause. The law also gives the government the right to bar the distribution of foreign publications and requires distributors of foreign publications to obtain a government permit. The government has restricted access to the internet, censored online content, and has the capability to monitor private online communications.

Journalists commonly report practising self-censorship because of social pressure, incidents of government interference and pressure, and legal and professional concerns. According to Freedom House, freedoms of expression and assembly are significantly restricted, and online speech is monitored by authorities. It is rated ''Not Free'' by the organisation with a Global Freedom score of 28 out of 100. Reporters Without Borders (RSF) ranked Brunei 154 out of 180 countries in its press freedom index, reporting that self-censorship is the rule for journalists.

In the Brunei penal code, several provisions impose criminal punishment for acts that violate the right to freedom of expression. The code imposes the death penalty for insulting or defaming the Prophet Mohammed by both Muslims and non-Muslims. The penal code also criminalises apostasy and punishes "indecent" dressing and cross-dressing, which arbitrarily restricts freedom of expression and freedom of association, as well as privacy rights, and constitutes a form of discrimination on the basis of gender expression.

The right to freedom of expression guarantees everyone's right to "hold opinions without interference to seek, receive, and impart information and ideas through any media and regardless of frontier". This fundamental human rights norm, reflective of customary international law, is enshrined in Article 19 of the Universal Declaration of Human Rights and many other human rights instruments.

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