Prostitution In Brunei: A Legal Perspective

Prostitution is illegal in Brunei, and those found guilty of engaging in or offering sexual services can face imprisonment and fines. The country's strict Sharia law, which was introduced in 2016, outlines harsh punishments for a range of offences, from drinking in public to homosexuality. Brunei has also been identified as a destination and transit country for women and children subjected to sex trafficking. Despite efforts to address trafficking, the government has been criticised for not meeting minimum standards for the elimination of human trafficking.

Prostitution incurs a punishment of imprisonment and a fine

Prostitution is illegal in Brunei and incurs a punishment of imprisonment and a fine. The country's laws, which are based on Sharia law, are known for being strict and carry harsh penalties.

In 2016, Brunei introduced a new penal code that applied Sharia law to the country and addressed prostitution in two articles. The first article states that anyone who engages in, offers, or agrees to engage in sexual services with another person for consideration is subject to punishment. The second article states that anyone who loiters or solicits in any place for the purpose of prostitution or any other immoral purpose shall be punished.

For a first offence, those found guilty of prostitution can be sentenced to up to one year in prison and a fine of between BN$500 and BN$5,000 (approximately US$373 and US$3,703). For a second or subsequent conviction, the punishment increases to a maximum of three years' imprisonment and a fine of between BN$1,000 and BN$10,000 (US$741 and US$7,407).

In one case, a local woman in Brunei was ordered by the Magistrate's Court to pay a fine of BN$900 (US$666) after pleading guilty to prostitution. She was given two weeks to pay the fine, with the alternative punishment of one month in jail if she defaulted. The court heard that the woman had been engaging in prostitution for three years and was using the money to pay for her room rent and daily expenses.

Sex trafficking is prevalent in Brunei

Traffickers in Brunei come from all social and economic classes, and they are often members of or facilitated by crime syndicates and gangs. In some cases, the perpetrators are the victims' family members. The government of Brunei has faced criticism for its inadequate anti-sex trafficking initiatives and the complicity of some officials in sex trafficking. Despite the government's efforts to combat trafficking, including passing the 2019 Anti-Trafficking in Persons Order, which separates the crimes of migrant smuggling and human trafficking, and establishing committees to address the issue, it has been criticized for not effectively identifying and prosecuting traffickers.

In 2023, the government referred two alleged labor traffickers for prosecution and identified 14 labor trafficking victims, providing them with special passes to find alternate employment. However, the government has struggled to effectively screen for trafficking among foreign nationals in commercial sex and migrant workers, leading to potential trafficking cases being handled administratively or not at all. For the sixth consecutive year, the government did not convict any traffickers under its anti-trafficking law.

Human traffickers in Brunei exploit foreign nationals, with approximately 65,000 to 100,000 registered foreign workers in the country, mainly from Indonesia, the Philippines, Bangladesh, and China. These individuals migrate to Brunei primarily for domestic service, retail, and construction work but often find themselves exploited by traffickers through involuntary servitude, debt-based coercion, contract switching, non-payment of wages, passport confiscation, physical abuse, or confinement. Additionally, some female migrants who arrive in Brunei on tourist visas are forced into prostitution or sex trafficking.

The country operates under Sharia law

Prostitution is illegal in Brunei and the country operates under Sharia law. This means that there are some strict rules that travellers to Brunei are expected to follow closely, with few exceptions made for foreign visitors. Sharia law was introduced in Brunei in 2016 with the implementation of a new penal code. This code outlines the punishments for prostitution, which include imprisonment for a term not exceeding one year and a fine of between $500 and $5,000 for a first offence, and imprisonment for a term not exceeding three years and a fine of between $1,000 and $10,000 for a second or subsequent conviction.

Sharia law in Brunei also prohibits the sale of alcohol and the consumption of alcohol in public. Non-Muslims over the age of 17 are allowed to bring a limited amount of alcohol into the country and can drink in private residences or hotel rooms, but they can be punished if they are intoxicated in public. During the month of Ramadan, it is illegal for anyone to eat, drink or smoke in public, and even non-Muslim tourists can be fined or imprisoned for breaking this law.

Another notable aspect of Sharia law in Brunei is the prohibition of close proximity between men and women who are not married or blood relatives. This means that unmarried couples cannot share a hotel room, and it is illegal for them to be alone together in public places such as malls or parks. Adultery is also illegal in Brunei and can carry harsh punishments such as stoning to death. Homosexuality is also strictly prohibited, and there has been scrutiny over the government's desire to punish those found guilty with death by stoning.

In addition to these social regulations, Sharia law in Brunei also includes strict penalties for crimes such as drug possession, which can result in a mandatory death sentence. Possession of certain over-the-counter or prescription medications may also be illegal. Defamation of the royal family, including saying negative things about the Sultan, is also a crime that can result in punishment.

Prostitution is dealt with in two articles

Prostitution is illegal in Brunei and can result in a prison sentence of one year and a fine of BN$5,000 (US$3,703) for a first offence, or three years and BN$10,000 (US$7,407) for a second or subsequent conviction. In 2016, a new penal code was introduced, which applied Sharia law to the country. This code addresses prostitution in two articles:

Article 1

The first article states that anyone who:

> (a) engages in, offers or agrees to engage in sexual services with another person for consideration; or (b) loiters or solicits in any place for the purpose of prostitution or for any other immoral purpose, shall be punished with imprisonment for a term not exceeding one year and a fine of not less than $500 and not more than $5,000. In the case of a second or subsequent conviction, the punishment shall be imprisonment for a term not exceeding 3 years and a fine of not less than $1,000 and not more than $10,000.

Article 2

The second article addresses the issue of paying for sexual services:

> (a) intentionally obtains for himself the sexual services of another person; and (b) before obtaining those services, he has made or promised payment for those services to A or a third person, or knows that another person has made or promised such a payment, shall be punished with imprisonment for a term not exceeding one year and a fine of not less than $1,000 and not more than $5,000. In the case of a second or subsequent conviction, the punishment shall be imprisonment for a term not exceeding 3 years and a fine of not less than $2,000 and not more than $10,000.

These articles make it clear that both the act of prostitution and the solicitation of sexual services are illegal in Brunei, with penalties including imprisonment and fines.

The US ranks Brunei as a 'Tier 2' country

Prostitution is illegal in Brunei and is punishable by imprisonment and fines. The country's penal code, which was updated in 2016, includes two articles that address prostitution:

• Anyone who engages in, offers, or agrees to engage in sexual services with another person for consideration can be punished with imprisonment for up to one year and a fine of between $500 and $5,000. For a second or subsequent conviction, the punishment increases to imprisonment for up to three years and a fine of between $1,000 and $10,000.
• Anyone who pays for sexual services can be punished with imprisonment for up to one year and a fine of between $1,000 and $5,000. For a second or subsequent conviction, the punishment increases to imprisonment for up to three years and a fine of between $2,000 and $10,000.

Brunei is also a destination and transit country for women and children who are subjected to sex trafficking. Some migrants who transit through Brunei become victims of sex trafficking once they reach Malaysia or Indonesia. Additionally, some Bruneian women and girls are subjected to sex trafficking within the country.

The United States Department of State Office to Monitor and Combat Trafficking in Persons ranks countries into different tiers based on their efforts to comply with the standards set by the Trafficking Victims Protection Act (TVPA). The US ranks Brunei as a Tier 2 country. This ranking means that the Bruneian government does not fully meet the TVPA's minimum standards for the elimination of trafficking but is making significant efforts to do so.

• The Bruneian government has taken several steps to address human trafficking, including passing the 2019 Anti-Trafficking in Persons Order, which separates the crimes of migrant smuggling and human trafficking. They have also formalised an interagency committee to address human trafficking, ratified relevant international agreements, and continued awareness-raising campaigns for employers of foreign workers.
• However, the government's efforts have not resulted in an increase in overall efforts compared to the previous reporting period. Despite a significant number of migrant workers exhibiting multiple trafficking indicators, the government did not formally identify any cases of trafficking or prosecute any traffickers for the third consecutive year.
• While Brunei has maintained a shelter and provided various forms of assistance to female trafficking victims and male victims under the age of 18, they have not provided shelter or services for adult male victims.
• The government has also continued to detain, deport, and charge potential victims for crimes without adequately determining if they were compelled to commit these acts by traffickers.
• Brunei has been included on the Tier 2 Watch List for the second consecutive year, indicating that it may be downgraded to Tier 3 if it does not demonstrate increased efforts to address human trafficking.

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