Brunei's Government: Limited Or Unlimited?

Brunei is a constitutional absolute monarchy ruled by the Sultan, who is both the head of state and the head of government (Prime Minister). The Sultan's role is enshrined in the national philosophy of Melayu Islam Beraja (MIB), or Malay Islamic Monarchy. Brunei has a legislative council with 36 appointed members, which has a purely consultative role in recommending and approving legislation and budgets. The Sultan holds full executive authority, including emergency powers since 1962, meaning that Brunei has technically been under martial law since then.

The country gained its independence from the United Kingdom on 1 January 1984 and is now a sovereign state. It has a legal system based on English common law, with a parallel Shariah law system for Muslims, which supersedes common law in areas such as family and property law.

In terms of political culture, Brunei has a long history of being ruled by sultans, and the current Sultan, Hassanal Bolkiah, has been in power since 1967. The country has a strong Islamic and monarchical tradition, and the Sultan's role is deeply entrenched in this national ideology. There are no popular elections, and the legislative council is appointed by the Sultan. While there was an attempt to introduce a partially elected legislative body in the 1960s, this was quickly abandoned after the ruling sultan crushed an uprising by the winning party.

Overall, Brunei's political system is heavily centred around the Sultan, with limited space for political participation by the general population.

Brunei's government structure

Brunei is an absolute monarchy, with the Sultan of Brunei, Hassanal Bolkiah, serving as both the head of state and the head of government (Prime Minister). The Sultan holds absolute executive authority and has full legislative powers, including emergency powers since 1962. The country has been under a state of emergency since a rebellion in the early 1960s, which gives the Sultan almost unlimited power.

The Sultan is also the Minister of Defence, Minister of Finance, and Minister of Foreign Affairs and Trade. He is considered the 'guardian and protector' of Islam and tradition in Brunei, which is a key part of the national philosophy of Melayu Islam Beraja (MIB), or Malay Islamic Monarchy. This philosophy combines Islamic law, Malay culture, and monarchical rule.

The Legislative Council, composed of 34-36 appointed members, has a consultative role in recommending and approving legislation and budgets. The Council has little independent power and its members are chosen by the Sultan. Brunei has not held direct parliamentary elections since 1962, and the lack of national elections limits legitimate political involvement and the rise of opposition forces.

The Council of Cabinet Ministers, or the Cabinet, consists of nine members, including the Sultan as Prime Minister. They perform the day-to-day administrative functions of the government and advise the Sultan on matters of national administration, including policy approval.

The Deputy Menteri Besar (Chief Minister) assists the chief executive officer, the Menteri Besar. The state secretary, the attorney general, and the state financial officer are the three senior critical officials in the government. The state financial officer manages the treasury, the attorney general leads the Criminal Prosecution Department, and the state secretary oversees administrative matters with the assistance of an assistant.

Brunei has a dual legal system. The first is based on English common law, inherited from British rule, and covers most of the country's laws. The second is the Shariah law system, which deals with Islamic law matters and takes precedence over civil law for Muslims. The Shariah courts have jurisdiction over Muslim divorce, and offences such as khalwat (close proximity) and zina (adultery).

The Supreme Court is the highest court in the land, with the Sultan appointing all judges. The Shariah Court of Appeal is the final court of appeal, and its judges are also appointed by the Sultan.

The Sultan's role

The Sultan of Brunei is both the head of state and the head of government (Prime Minister of Brunei). The Sultan's role is enshrined in the national philosophy known as "Melayu Islam Beraja" (MIB), or Malay Islamic Monarchy. This philosophy encapsulates norms of Malay culture, Islamic religion, and the political framework under the monarchy.

The Sultan of Brunei has absolute executive authority, including emergency powers since 1962. This means that Brunei has technically been under martial law since then. The Sultan is not subject to judicial review and can pass any legislation deemed expedient by Emergency Order. The Sultan also serves as the state's prime minister, finance minister, and defence minister. He is the official 'guardian and protector' of Islam and tradition in Brunei.

The Sultan appoints all the members of the Legislative Council, which has a purely consultative role in recommending and approving legislation and budgets. The Legislative Council has no legislative power and is not considered a legislature. The Sultan also appoints all the judges of the Supreme Court, the highest court of the land, and the Shariah Court of Appeal judges.

Brunei gained its independence from the United Kingdom on 1 January 1984, becoming a constitutional absolute monarchy with the Sultan as the supreme head of state. The country's wealth is derived from its extensive petroleum and natural gas fields, making it the ninth-richest nation in the world by gross domestic product per capita.

Brunei's legal system

The Common Law System

The common law system covers most of Brunei's laws and is structured similarly to the legal systems in India, Malaysia, and Singapore. The structure of the common law courts in Brunei starts with the magistracy, followed by the intermediate courts, and then the High Court of the Supreme Court. There is no jury system in Brunei, and cases are heard by a single judge or magistrate, except for capital punishment cases, where two High Court judges preside. The Court of Appeal of the Supreme Court is the highest court in the land and consists of three judges, currently all retired British judges.

The Sharia System

The sharia courts deal primarily with Muslim divorce and matters ancillary to a Muslim divorce, as well as offences such as khalwat (close proximity) and zina (adultery) among Muslims. The sharia court structure mirrors the common law court structure, except it lacks an intermediate court, and the Court of Appeal is the final court of appeal.

Overlap Between the Two Systems

In cases involving offences covered by both secular law and sharia law, such as murder, rape, and theft, an "assessment committee" including a secular law prosecutor, a sharia prosecutor, a regular police officer, and a religious enforcement officer determines whether the secular or sharia court system should try the case.

Judicial Appointments and Emergency Powers

All magistrates and judges in both the common law courts and the sharia courts are appointed by the Government. The Sultan of Brunei, who is both the head of state and the head of government, possesses wide legislative powers and has ruled under a State of Emergency since 1962, allowing him to pass any legislation deemed expedient by Emergency Order, without judicial review.

Brunei's foreign policy

Brunei maintains diplomatic relations with 170 countries and has close ties with its ASEAN partners, including Singapore, the Philippines, Indonesia, and Malaysia. It also has extensive relations with the Muslim world and the Arab world outside its region. The country became a member of the Commonwealth in 1984 and joined the United Nations in September 1985. It is also a member of the Organisation of Islamic Cooperation (OIC), the Asia-Pacific Economic Cooperation (APEC) forum, and the World Trade Organization (WTO).

In terms of economic relations, Brunei has focused on strengthening ties with countries that import oil and natural gas, such as China, to meet its energy demands and explore natural resources. The country also has a currency agreement with Singapore, where the currencies of both countries can be used interchangeably. Additionally, Brunei and Australia participate in the Trans Pacific Partnership (TPP) negotiations, aiming for Asia-Pacific economic integration.

Brunei's human rights record

Brunei is an absolute monarchy ruled by Sultan Haji Hassanal Bolkiah since 1967. The Sultan is the head of state and head of government (Prime Minister of Brunei) and holds full executive authority, including emergency powers since 1962. The country has been under a state of emergency since a rebellion occurred in the early 1960s. The Sultan's role is enshrined in the national philosophy of Melayu Islam Beraja (MIB), or Malay Islamic Monarchy.

• Restrictions on Freedom of Expression and Media: The government restricts freedom of expression, including for the media. There is no provision for freedom of speech in the constitution or laws. While members of the Legislative Council can express their opinions freely, they are prohibited from using language deemed irresponsible, derogatory, scandalous, or injurious. Challenging the authority of the royal family and the Malay Islamic Monarchy concept is illegal. The government can close a newspaper without justification and prosecute journalists. Online content is censored, and the government can monitor private online communications.
• Restrictions on Freedom of Assembly and Association: The government's emergency powers restrict the right to assemble. Public gatherings of 10 or more people require a permit, and unofficial assemblies of 5 or more people deemed likely to cause a disturbance can be disbanded by the police. The government has occasionally disrupted politically sensitive gatherings. The law does not provide for freedom of association, and formal groups must register with the government.
• Restrictions on Freedom of Religion: The official religion is Sunni Islam, and the government enforces Sharia law. Non-Muslim religious minorities face restrictions on their religious practices and proselytising. The government has been accused of discouraging other religions and supporting the Shafii school of Sunni Islam.
• Human Rights of LGBTQI+ Persons: The government does not support the human rights of LGBTQI+ persons. Same-sex sexual conduct is criminalised, and the law includes provisions that discriminate against and restrict the rights of LGBTQI+ individuals. They face societal discrimination, pressure to conform to heterosexual norms, and challenges in accessing mental health support.
• Trafficking in Persons: Brunei has been criticised for its anti-trafficking efforts, with a decrease in the number of suspected trafficking cases referred for review. Foreign workers, especially women, are vulnerable to human trafficking. Traffickers use methods such as debt-based coercion, non-payment of wages, passport confiscation, and physical abuse.
• Indigenous Peoples' Rights: Indigenous people in Brunei lack representation in decision-making processes affecting their lands, cultures, and natural resources. They face discriminatory policies regarding citizenship, land ownership, employment, and military service.
• Women's Rights: Women face discrimination under Sharia law and are restricted from serving in certain military and government roles. They also face barriers to political participation and experience gender-based violence, including domestic abuse and rape. Female genital mutilation/cutting (FGM/C) is a widespread practice, and there is a lack of legal protections against it.
• Workers' Rights: Brunei has been criticised for its lack of protection for workers' rights, including the absence of unions or worker organisations. The law prohibits collective bargaining and strikes. Foreign workers, particularly from Indonesia, the Philippines, Bangladesh, and China, are vulnerable to forced labour and wage issues.
• Rights of Persons Under Arrest and on Trial: The law allows for arbitrary arrest and detention, and there are concerns about the independence of the judiciary, as all higher-court judges are appointed by the Sultan. Sharia procedures do not specifically provide for the right to a fair trial.
• Prison and Detention Centre Conditions: Brunei has reported prison overcrowding, and there is a lack of independent monitoring of prison conditions by domestic or international NGOs.
• Stateless Persons: There is a significant number of stateless persons in Brunei, mostly of Chinese heritage or from indigenous tribes. They face restrictions on their rights, including access to certain government jobs and the military.
• Refugees and Asylum Seekers: The government does not provide protection to refugees or asylum seekers and does not cooperate with humanitarian organisations on these issues.

Frequently asked questions