Human Rights In Brunei: A Mixed Bag

Brunei is a monarchy ruled by Sultan Haji Hassanal Bolkiah since 1967. The country has been under emergency powers since 1962, allowing the Sultan to govern with few limitations on his authority. Brunei has been criticised for its human rights record, with reports of degrading treatment or punishment by government authorities, arbitrary interference with privacy, restrictions on freedom of expression and media, and the existence of laws criminalising same-sex relations between consenting adults. The country's Sharia Penal Code includes corporal and capital punishments such as stoning, amputation, and caning, which constitute torture and violate international human rights accords. While there have been no reports of political prisoners or security force abuses, the country's human rights situation remains a concern, with limited freedom of assembly and association, and discrimination against vulnerable groups, including women, religious and sexual minorities, and indigenous people.

Freedom of expression

Brunei, officially Brunei Darussalam, is a country in Southeast Asia with a population of 455,858 as of 2023. The country is governed as a constitutional absolute monarchy by Sultan Hassanal Bolkiah, who has ruled since 1967. The Sultan's powers are extensive, and he also serves as the state's prime minister, finance minister, and defence minister.

Brunei's political system is governed by the constitution and the national tradition of the Malay Islamic Monarchy (MIB). The three components of MIB cover Malay culture, Islamic religion, and the political framework under the monarchy. The country's legal system is based on English common law, although Islamic law (sharia) supersedes this in some cases.

The government of Brunei restricts freedom of expression, including for the media. There is no provision for freedom of speech in the constitution or laws. Members of the Legislative Council may "express their opinions freely" on behalf of the people, but they are prohibited from using language or exhibiting behaviour deemed "irresponsible, derogatory, scandalous, or injurious".

Under the law, it is an offence to challenge the authority of the royal family or the "Malay Islamic Monarchy" concept, which identifies Islam as the state religion and monarchical rule as the sole form of government. The law also criminalises any act intended to promote "feelings of ill will or hostility" between classes of persons or to "wound religious feelings".

The Sharia Penal Code (SPC) includes provisions barring contempt or insult of the Sultan, the administration of sharia, or any law related to Islam. SPC sections provide for death sentences for apostasy from Islam, deriding Islamic scriptures, and declaring oneself as God, among other offences. While there are no known cases of persons charged under these sections, online criticism of the law is largely self-censored, and online newspapers do not permit comments or stories on these subjects.

The government also interprets the SPC as prohibiting the public celebration of religions other than Islam, including the display of Christmas decorations. However, some establishments do sell Christmas decorations and advertise Christmas-themed events, and Christmas remains an official national holiday.

The government has the power to close a newspaper without prior notice or justification. Local newspapers are required to obtain operating licenses and government approval for hiring foreign staff. The government can also bar the distribution of foreign publications and requires distributors to obtain a permit.

Journalists deemed to have published or written "false and malicious" reports may be subject to fines or prison sentences. Journalists commonly practice self-censorship due to social pressure, reports of government interference, and legal and professional concerns.

The government restricts access to the internet and censors online content. It also has the capability to monitor private online communications and has been known to do so, particularly regarding the propagation of subversive or extremist views, including those of religious minorities, or material on topics deemed immoral.

Academic Freedom and Cultural Events

Although there are no official restrictions on academic freedom, government authorities must approve public lectures, academic conferences, and visiting scholars. The Sultan serves as chancellor of all major universities. Academics report practicing self-censorship, and some release their work under pseudonyms in overseas publications to avoid repercussions.

There are government restrictions on cultural events. Traditional Chinese New Year lion dance performances, for example, are restricted to Chinese temples, school halls, and private residences. All public musical or theatrical performances require prior approval by a censorship board, and public entertainment is generally barred on specified Islamic holidays. While the censorship board rarely requires changes to performances, delays associated with the censorship process pose logistical challenges for performing arts organisations.

While Brunei's constitution and laws do not provide for freedom of speech, the government imposes significant restrictions on freedom of expression, including for the media and academics. Self-censorship is common among journalists and academics due to fears of repercussions. The government also restricts cultural events and limits access to the internet and online expression.

LGBTQI+ rights

Brunei's LGBTQI+ community faces legal challenges and discrimination not experienced by non-LGBTQI+ residents. Both male and female expressions of homosexuality are illegal in Brunei, with male same-sex sexual activity liable to capital punishment, and female same-sex sexual activity punishable by caning or imprisonment. The Syariah Penal Code Order (SPCO) prescribes death by stoning for male same-sex sexual relations, with a moratorium on the death penalty currently in place, which could be revoked at any time. The SPCO also imposes a penalty of imprisonment and whipping for male same-sex sexual activity, and caning or imprisonment for female same-sex sexual activity.

The LGBTQI+ community in Brunei is very hidden and secret, with individuals advised by international human rights activists to remain discreet about their sexual orientation. The Brunei Project, established in 2015, seeks to promote human rights, including LGBTQI+ rights, through social media. The group organised a private community event in 2016, celebrating Brunei's first "International Day Against Homophobia".

LGBTQI+ individuals in Brunei face societal discrimination in public and private employment, housing, recreation, and in obtaining public services, including education. They have reported intimidation by police, including threats to make their sexuality public, and to hamper their ability to obtain a government job. The LGBTQI+ community has also reported that the government monitors their activities and communications, and does not issue permits for events on LGBTQI+ topics.

Brunei does not allow individuals to change their name or gender on official documents, and sex reassignment surgery is not permitted. Conversion therapy is not banned in Brunei, and involuntary or coercive medical or psychological practices targeting LGBTQI+ individuals are available and advertised.

Women's rights

Brunei has been ruled by Sultan Haji Hassanal Bolkiah as a monarchy since 1967. The Sultan's powers are extensive, with emergency powers in place since 1962 allowing him to govern with few limitations on his authority.

There is no specific domestic violence law in Brunei, although authorities can arrest individuals under the Women and Girls Protection Act. The police will only investigate domestic violence in response to a report by a victim. The criminal penalty for a minor domestic assault is one to two weeks in jail and a fine. An assault resulting in serious injury is punishable by caning and a longer prison sentence.

The law does not criminalise spousal rape, and explicitly states that sexual intercourse by a man with his wife is not rape as long as she is not under 13 years of age (14 or 15 if she is of Chinese ethnicity). Islamic family law provides protection against spousal abuse and allows for the granting of protection orders, with the penalty for violating a protection order being a significant fine, imprisonment of up to six months, or both.

The maternal mortality rate in 2008 was estimated to be 21 deaths per 100,000 live births. Abortion is largely illegal, with the exception of when a woman's life is in danger. The penalty for receiving an abortion was previously up to seven years in prison, with 10-15 years for the person performing the abortion. In 2014, the government implemented Sharia criminal law, which was set to increase the punishment for abortion to execution by stoning.

The adolescent birth rate in 2018 was 9.9 per 1,000 women aged 15-19, up from 9.8 per 1,000 in 2017. As of February 2021, only 9.1% of seats in parliament were held by women.

There are some positive developments for women in Brunei. They are able to take jobs in the armed forces, although they are not allowed to serve in combat situations. In 2021, Norsuriati Sharbini became the first woman to be assigned to colonel in the Royal Brunei Armed Forces. Women made up 57% of the civil service force and held 28% of senior management posts.

Indigenous rights

Brunei's indigenous peoples are those who belong to the ethnic groups considered native to the country. The local term "rakyat jati" refers to citizens of indigenous descent, specifically the seven ethnic groups: Brunei, Tutong, Belait, Dusun, Murut, Kedayan, and Bisaya. The term "bumiputera" is also sometimes used to refer to the indigenous peoples.

The Brunei Nationality Act classifies indigenous people into Malays and non-Malays. Indigenous Malays comprise the seven ethnic groups listed above, while non-Malays include 15 other communities such as the Dayaks, Kayans, and Kenyahs.

Being recognised as "rakyat jati" carries certain benefits and opportunities. For example, the "Skim Tanah Kurnia Rakyat Jati" is a public housing scheme that allows "rakyat jati" to acquire land and homes in allocated public housing estates. Additionally, the Royal Brunei Armed Forces primarily employ indigenous Malays.

However, there are also challenges faced by the indigenous communities in Brunei. According to Minority Rights Group International, non-Muslim indigenous people are "banned" from conducting non-Islamic religious activities and are "pressured" and "incentivised" to convert to Islam. The government's policies and legislation are also seen as discouraging indigenous cultures and languages.

In terms of political representation, members of non-Malay indigenous communities lack representation at all levels of government.

• Dusun and Murut: These groups constitute around 6% of the population and are traditionally animistic, although many have converted to Islam and Christianity. They reside in the forested interior of the country and practice swidden agriculture and collect jungle products.
• Kedayan: The Kedayan are Malay-speaking and Muslim agriculturalists. Despite their linguistic and religious similarities to the ethnic Malay majority, they are regarded as closer to the animist, interior tribal groups due to cultural practices.
• Iban: The Iban, formerly known as Sea Dayaks, make up about 4.7% of the population and live along the border with Malaysia. They are not considered Bumiputera by the Brunei authorities and Constitution, and they face discrimination due to being perceived as outside the Malay identity. They have also experienced challenges with citizenship, with only 23% holding citizenship in the 1991 Census.
• Penan: The Penan are a small community of forest dwellers, with less than 300 individuals in Brunei. They have traditionally followed a nomadic way of life, using blowpipes and poison-tipped darts for hunting. Today, most live in permanent settlements and engage in year-round farming.

While indigenous peoples (except for Iban and Penan) are officially in a privileged position, there is pressure to embrace Islam for those who practice animism or Christianity. Mass conversions to Islam were reported among the indigenous groups in the 1970s due to pressure from the state. The government continues to ban many religious activities of non-Muslim groups, including indigenous peoples, while permitting and assisting Islamic authorities in proselytising activities.

Indigenous peoples are also encouraged to move away from their cultures and languages. While there is no active suppression of indigenous languages in private use, the government's language policy, which mandates the exclusive official use of Malay and English, has led to a decline in the number of speakers of indigenous languages. Additionally, increasing urbanisation is causing traditional economic activities and lifestyles to be sidelined.

In conclusion, while Brunei's indigenous peoples have certain recognised rights and benefits, they also face challenges and pressures to assimilate, particularly in terms of religion and culture. There is also a lack of political representation for non-Malay indigenous communities.

Workers' rights

Brunei's Employment Order 2009 and Labor Act (Chapter 93) are the primary laws governing employment in the country. These laws outline valid grounds for dismissal, including gross misconduct, poor performance, redundancy, and contract expiration. Brunei's laws also outline specific notice periods for termination, ranging from one day to four weeks, depending on the employee's length of service. While severance pay is not always mandatory, it may be required in cases of redundancy or contract breach.

In terms of anti-discrimination legislation, Brunei does not have a comprehensive law in place. Instead, there are scattered provisions within various laws that address discrimination based on ethnicity and religion. Other characteristics such as gender, sexual orientation, and disability lack comprehensive protection. International organizations have highlighted the need for stronger anti-discrimination laws in the country to foster a more inclusive society.

Brunei has regulations in place to ensure basic standards for working conditions. The maximum working week is set at 44 hours, averaged over a three-week period, with a maximum of 12 working hours per day. Employees are also entitled to one rest day per week, and there are requirements for rest periods within the working day. Overtime work is permitted with employee consent and is paid at a rate of 1.5 times the basic hourly rate.

The Workplace Safety and Health Order (WSHO) 2009 outlines employer obligations to safeguard employee well-being. These obligations include risk management, establishing safe work procedures, providing information and training on health and safety, and reporting accidents to the Department of Labour. Employees also have rights under the WSHO, including the right to a safe workplace, the right to information and training on health and safety matters, and the right to refuse unsafe work.

The Department of Labour is the primary agency responsible for enforcing workplace safety and health regulations in Brunei. They have the authority to conduct inspections, investigate accidents, and issue improvement notices to non-compliant employers.

While workers in Brunei have the legal right to form and join unions, there are no unions or worker organizations in the country. The law prohibits collective bargaining and strikes, and unions are subject to significant oversight by the Registrar of Trade Unions. The law also prohibits affiliation with international labor organizations without government consent and restricts the use of union funds.

Foreign workers in Brunei, particularly those from Indonesia, the Philippines, Bangladesh, and China, are vulnerable to exploitation and human trafficking. Traffickers use methods such as debt-based coercion, non-payment of wages, passport confiscation, and physical abuse to exploit migrant workers. The Brunei government has increased law enforcement efforts to combat human trafficking, and the 2019 Anti-Trafficking in Persons Order prescribes stringent penalties for both sex trafficking and labor trafficking.

However, there have been concerns about the government's effectiveness in protecting victims of human trafficking and preventing trafficking crimes. The government has been criticized for not adequately investigating all potential trafficking crimes and for focusing primarily on foreign perpetrators rather than Bruneian criminals. Additionally, the government has been accused of prosecuting potential trafficking victims for immigration violations and deporting foreign workers whose employers withheld wages or medical care.

Overall, while Brunei has laws and regulations in place to protect workers' rights, there are concerns about the effectiveness of enforcement and the lack of comprehensive anti-discrimination legislation. The country's reliance on foreign labor, particularly in low-wage professions, also highlights the need for stronger protections for migrant workers.

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