Brunei's Anti-Lgbtq Stance: Homophobic Or Complex?

Brunei has been described as the country that has the most worrisome state of rights for LGBT people in Southeast Asia. Homosexuality has been illegal in the country since 1906, when it was a British Protectorate. In 2019, the country implemented a strict policy that carries the death penalty by stoning for gay sex. This has sparked outrage across the globe, with the UN Human Rights Commission condemning the new measures as a breach of international human rights law.

Brunei's anti-LGBT laws

Under the Syariah Penal Code Order, the penalty for same-sex sexual relations between married men is death by stoning, provided they admit to the acts or four male adult Muslim eyewitnesses testify. 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 stipulated penalties: a caning of forty lashes, a maximum prison term of ten years, and a fine of up to 40,000 BND.

The gender expression of transgender people is also criminalised in Brunei. Section 198 of the Syariah Penal Code criminalises anyone who 'dresses and poses' as the opposite sex in a public place 'without reasonable excuse', punishable by up to three months' imprisonment and a fine of up to 1,000 BND. If done for 'immoral purposes', the punishment increases to up to one year's imprisonment and a fine of up to 4,000 BND.

In March 2019, it was reported that Brunei would implement the remaining provisions of the Syariah Penal Code Order, which criminalises same-sex intimacy between men and women. This led to widespread international condemnation, with celebrities such as George Clooney, Ellen DeGeneres, and Elton John calling for a boycott of luxury hotels owned by the country's sultan, Hassanal Bolkiah. Following this backlash, Brunei announced an extension of the moratorium on the use of the death penalty to cover the new provisions. However, other harsh punishments for same-sex intimacy, such as whipping, imprisonment, and fines, remain applicable.

While there is limited evidence of the same-sex sexual activity laws being enforced in recent years, reports suggest that the law criminalising the expression of gender identity is occasionally enforced. LGBT individuals in Brunei regularly face societal discrimination, harassment, and threats, and their assembly and expression are restricted. They also face difficulties in accessing basic rights and services, and some have considered leaving the country due to the hostile environment.

The death penalty for homosexuality

Brunei has been described as "the country that has the most worrisome state of rights for LGBT people in Southeast Asia" by OutRight Action International. This is due to the country's stance on homosexuality and the implementation of Sharia Law.

In 2019, Brunei introduced the Syariah Penal Code Order (SPCO), which made same-sex sexual activity between men liable to capital punishment, with a de facto penalty of imprisonment and whipping. Sex between women was punishable by caning, imprisonment, or a fine. The SPCO also prohibits men from dressing as women or women dressing as men "without reasonable excuse" or "for immoral purposes".

The implementation of the SPCO was met with widespread international condemnation and media attention, including an open letter from American actor George Clooney, who called for a boycott of the Sultan of Brunei's luxury hotels, such as The Beverly Hills Hotel and Hotel Bel-Air. In response to the criticism, the Sultan of Brunei, Hassanal Bolkiah, announced that the country would not impose the death penalty in cases involving gay sex and adultery and would extend a moratorium on the death penalty to cover the new legislation.

While the moratorium on the death penalty provides some relief for LGBT individuals in Brunei, it is important to note that it can be revoked at any time by the sultanate, as the sultan is an absolute monarch with full executive power. As a result, the LGBT community in Brunei continues to face legal challenges and discrimination, feeling the need to remain discreet about their sexual orientation.

International backlash and boycotts

Brunei's laws against homosexuality have sparked international backlash and boycotts. The United Nations urged Brunei to review its laws, which have been described by media outlets as "medieval" and "uncivilized". The United States has joined the United Kingdom, Germany, and France in urging Brunei to halt its plans. The United Nations Secretary-General, António Guterres, stated that he "stands clearly against any form of cruel punishment" and believes that the Brunei legislation violates the principles of universal human rights.

Celebrities have also joined the boycott, with George Clooney, Elton John, and Ellen DeGeneres calling for a boycott of luxury hotels with links to Brunei. Clooney, in a guest column on Deadline Hollywood, wrote, "Let's be clear, every single time we stay at or take meetings at or dine at any of these nine hotels we are putting money directly into the pockets of men who choose to stone and whip to death their own citizens for being gay or accused of adultery." Clooney also added, "Are we really going to help pay for these human rights violations? Are we really going to help fund the murder of innocent citizens?" Other celebrities such as Elton John and Ellen DeGeneres have also voiced their opposition to the laws and supported the boycott.

The boycott has had an impact on businesses associated with Brunei, including its lucrative oil industry. Shell Oil, which generates about 90% of the sultanate's oil and gas revenues, has come under pressure to use its position to press for gay rights in Brunei. Customers at two prestigious Paris hotels owned by the Sultan of Brunei, Le Meurice and the Plaza Athenee, have expressed their support for the boycott. The Beverly Hills City Council has asked Brunei to divest itself of the Beverly Hills Hotel and condemned the government for "adopting laws that impose extreme and inhumane penalties including execution by stoning, flogging, and severing of limbs."

Rights advocates are now urging the country to scrap the Sharia criminal law entirely. Phil Robertson, Human Rights Watch's deputy Asia director, called the law a "rights-abusing monstrosity reminiscent of a medieval yesteryear that has no place in the modern age."

LGBT life in Brunei

In 2019, Brunei implemented strict new Islamic laws, or the Syariah Penal Code Order (SPCO), which prescribe death by stoning and corporal punishments for adultery and sodomy. While the country has applied a moratorium on the death penalty, which is still in effect as of May 2023, it could be revoked at any time, allowing death-by-stoning punishments to commence. The SPCO also prohibits cross-dressing and men dressing as women or women dressing as men "without reasonable excuse" or "for immoral purposes".

LGBT Bruneians face unofficial and societal discrimination in employment, housing, recreation, and obtaining services, including education. They have reported intimidation by police, including threats to make their sexuality public and hamper their career prospects. The LGBT community in Brunei is very hidden and secret, with individuals feeling the need to remain discreet about their sexual orientation. They also face challenges in organising events due to restrictions on assembly and expression, and the government's refusal to issue permits for LGBT-related topics.

The implementation of the SPCO has sparked mixed reactions among Bruneians. While some feel scared and paranoid, others believe that the high burden of proof required for a conviction will make it difficult to enforce the law. Young Bruneians are particularly skilled at adapting to restrictive laws, such as finding contraband sources for alcohol and cigarettes. However, the new laws have emboldened religious conservatives, leading to acts of hate and violence against the LGBT community.

Internationally, the SPCO has sparked widespread condemnation, with celebrities such as George Clooney, Elton John, and Ellen DeGeneres calling for boycotts of luxury hotels owned by the country's investment agency. Human rights organisations, including Amnesty International and Human Rights Watch, have also spoken out against the laws, describing them as "abusive", "cruel, inhuman, and degrading", and reminiscent of a "medieval yesteryear".

The role of the Sultan

Brunei is an absolute monarchy with the Sultan as the head of state and government. The current Sultan, Hassanal Bolkiah, has been in power since 1967 and is the world's longest-reigning current monarch and the longest-serving current head of state. He is also the Prime Minister of Brunei and has held various other ministerial positions.

The Sultan's role in Brunei is dictatorial and absolute, with full executive power. He has the power to enact and enforce laws, including harsh penalties for homosexuality and adultery such as death by stoning, which have been widely condemned internationally. The Sultan has the power to revoke the moratorium on the death penalty at any time, which would allow for the implementation of these harsh punishments.

The Sultan is also the ruler of Islam in Brunei and has the authority to advise on matters concerning the exercise of mercy, the amendment or revocation of constitutional provisions, and the conferring of Malay customary ranks, titles, and honours. He is advised by a Privy Council, which includes members of the royal family and senior government officials.

The Sultan's role also includes leading the country's government and populace and representing Brunei in international relations. He has negotiated with foreign governments, including the United Kingdom and Malaysia, on matters such as independence, security, and defence. He has also led delegations to discuss Brunei's political future and the stationing of foreign troops in the country.

The Sultan is further responsible for appointing ministers and expanding the cabinet as well as dissolving and recreating the Legislative Council. He has the power to approve or reject proposed amendments to the constitution and laws. Additionally, the Sultan plays a key role in fostering and strengthening ties with foreign countries, having made numerous trips to other nations and participating in international organisations and agreements.

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