Brunei's Anti-Lgbt Laws: Death Penalty Or Empty Threats?

In 2019, Brunei introduced strict new Islamic laws that made anal sex and adultery offences punishable by stoning to death. The laws also covered a range of other crimes, including theft by amputation. While the Sultan of Brunei has since said the country would not carry out executions by stoning for people convicted of adultery and gay sex, the laws remain in place and the moratorium on executions could be lifted at any time. Brunei's gay community has expressed shock and fear at the punishments, and many LGBT+ citizens have left the country, fearing persecution and death.

Brunei's new anti-LGBTQ+ laws

In 2019, Brunei introduced strict new Islamic laws, or Sharia, that made anal sex and adultery offences punishable by stoning to death. These laws also covered a range of other crimes, including theft, which is punishable by amputation. The laws were met with international condemnation, with celebrities such as George Clooney, Ellen DeGeneres, and Elton John calling for a boycott of luxury hotels linked to Brunei.

The laws apply to Muslims, including children who have reached puberty, and some aspects will apply to non-Muslims. Under the new laws, individuals accused of certain acts will be convicted if they confess or if there were witnesses present. For example, there must be four Muslim witnesses to the act of anal sex or adultery for it to be prosecuted. The law also stipulates that lesbian sex carries a different penalty of 40 strokes of the cane and/or a maximum of 10 years in jail.

While Brunei has said it will not enforce the death penalty for gay sex and has extended a moratorium on the death penalty to cover the new legislation, the laws remain officially in place. The moratorium on executions could be lifted at any time.

The introduction of these laws has had a chilling effect on the LGBT+ community in Brunei, which has been described as the worst place to be gay in Southeast Asia. Many LGBT+ citizens have left the country, fearing persecution and death, while those who remain live in constant fear.

International condemnation of Brunei's laws

Brunei's implementation of strict new Islamic laws in 2019 sparked international condemnation from human rights groups, celebrities, and the United Nations. The laws made anal sex and adultery offences punishable by stoning to death, with lesbian sex carrying a penalty of 40 strokes of the cane and/or a maximum of 10 years in jail. The new measures also included punishment for theft by amputation.

The international community had already urged Brunei to halt its plans to implement these laws when they were first proposed in 2014. Rachel Chhoa-Howard, a Brunei researcher at Amnesty International, called on the international community to "condemn Brunei's move to put these cruel penalties into practice." She also stated that Brunei's penal code is "a deeply flawed piece of legislation containing a range of provisions that violate human rights."

The United Nations echoed this sentiment, calling the legislation "cruel, inhuman, and degrading" and a "serious setback" for human rights protection. The UN also highlighted that the penal code's provisions violate Brunei's obligations under international human rights conventions and customary international law.

In response to the global outcry, the Sultan of Brunei announced a "de facto moratorium" on the execution of the death penalty for cases under the 2013 Brunei Sharia Penal Code. However, this moratorium does not address the broader human rights concerns raised by the international community, and it allows the Sultan to restore the death penalty at any time.

Celebrities such as George Clooney, Ellen DeGeneres, and Elton John also spoke out against Brunei's anti-LGBTQ+ laws, calling for a boycott of luxury hotels owned by the Sultan of Brunei. Additionally, the University of Aberdeen in the UK reviewed an honorary degree that had been awarded to the Sultan in light of the new laws.

The impact of the laws on Brunei's LGBTQ+ community

The impact of Brunei's anti-LGBTQ+ laws on its LGBTQ+ community has been devastating, forcing them to live in fear and secrecy. The laws, which make same-sex sexual activity and gender expression illegal, have led to self-censorship and a hidden LGBTQ+ community in the country.

Brunei's LGBTQ+ community faces unique legal challenges compared to their non-LGBTQ+ counterparts. Same-sex sexual activity between men is punishable by death, with lesser penalties of imprisonment and whipping, while sex between women carries caning and jail time as penalties. The death penalty has been temporarily suspended, but this moratorium can be revoked at any time, leaving the LGBTQ+ community in a constant state of uncertainty and fear.

The community has expressed shock and fear at the "medieval punishments" prescribed by the new laws. One gay man shared his realisation that people around him, including family and neighbours, might condone or accept these harsh penalties. The introduction of these laws has had a chilling effect on the already discreet LGBTQ+ community. For example, the use of Grindr, a gay dating app, has reportedly decreased due to fears of inadvertently communicating with undercover police officers.

The LGBTQ+ community in Brunei has always been secretive, and societal perceptions of homosexuality are often associated with "effeminate men." A 2011 study at the University of Brunei highlighted how gay people in the country chose to remain silent about their sexual orientation. The researchers struggled to find LGBTQ+ respondents, underscoring the community's need for discretion.

International human rights activists have advised LGBTQ+ individuals, as well as religious minorities, to remain discreet within the country. Open expression of LGBTQ+ identities or criticism of the government can lead to heavy punishment, including accusations of "tarnishing the image of Islam." Members of the community have reported intimidation by police, who threaten to expose their sexuality to hamper their career prospects and restrict their freedom of assembly and expression.

The impact of Brunei's anti-LGBTQ+ laws reaches beyond its borders, affecting travellers and foreigners. The laws apply to Muslims, non-Muslims, and foreigners, including those on Brunei-registered aircraft and vessels. This has sparked concerns among LGBTQ+ rights groups and travellers, who fear unwittingly falling foul of these laws even when engaging in small acts of affection, such as holding hands.

The laws in a global context

Brunei's anti-LGBTQ+ laws are part of a broader trend of homophobic legislation in countries ruled by strict Sharia law. In 2020, the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) reported that homosexuality is punishable by death in 13 countries, including Sudan, Iran, Saudi Arabia, Yemen, Mauritania, Afghanistan, Pakistan, Qatar, the United Arab Emirates, parts of Nigeria, Somalia, Syria, and Iraq. In all these countries except Syria and Iraq, homosexuality is forbidden under a radical interpretation of Sharia law.

The death penalty for homosexuality is a legal punishment in several countries and regions, all of which have Sharia-based criminal laws, except for Uganda. In Uganda, the Anti-Homosexuality Act of 2023 prescribes the death penalty for certain acts of "aggravated homosexuality", such as homosexual sex with minors or people with disabilities.

In some regions, gay people face extrajudicial killings by state and non-state actors. These include Iraq, Libya, Syria, the Chechnya region of Russia, and the Houthi movement in Yemen. In these cases, the imposition of the death penalty for homosexuality may be classified as judicial murder.

The introduction of the death penalty for homosexuality in Brunei has sparked international condemnation, with celebrities such as George Clooney, Ellen DeGeneres, and Elton John calling for boycotts of luxury hotels linked to the country's ruler, Sultan Hassanal Bolkiah. The United Nations has also condemned the punishments, stating that they contravene international human rights standards set out in the 1948 Universal Declaration of Human Rights.

The trend of anti-LGBTQ+ laws and punishments in some countries stands in contrast to the progress made in other parts of the world. Western and Latino countries have paved the way for LGBTQ+ rights, with France, Belgium, the Netherlands, Brazil, and Argentina decriminalizing homosexuality well before 1900. More recently, India's Supreme Court decriminalized homosexuality in September 2018, and Australia legalized same-sex marriage in 2017 following a postal vote.

The future of the laws

The future of Brunei's laws regarding homosexuality is uncertain. While the country has introduced strict new Islamic laws that make anal sex and adultery offences punishable by stoning to death, there has been no confirmation that these laws will be enforced. In fact, the Sultan of Brunei has stated that the country will not carry out executions by stoning for people convicted of adultery and gay sex, and has extended a moratorium on the death penalty. However, it is important to note that this moratorium could be lifted at any time, and the laws remain officially in place.

The new measures have sparked international condemnation, with celebrities such as George Clooney, Ellen DeGeneres, and Elton John calling for a boycott of luxury hotels linked to Brunei. The United Nations has also condemned the punishments, stating that they contravene international human rights standards.

While homosexuality was already illegal in Brunei and punishable by up to 10 years in prison, the new laws take the penalties to a much more extreme level. The laws apply to Muslims, including children who have reached puberty, and some aspects will also apply to non-Muslims. Under the new laws, individuals accused of certain acts will be convicted if they confess or if there were witnesses present.

The impact of these laws on the LGBT+ community in Brunei has been significant, with many choosing to leave the country and those remaining living in fear. The new measures have also likely led to an increase in discrimination and stigma, with people afraid to use dating apps or express their sexuality openly.

It is clear that the future of the laws in Brunei has significant implications for the human rights of its citizens, particularly the LGBT+ community. The international community will need to continue to pressure Brunei to revoke the laws and respect the rights of its citizens.

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