Brunei's Death Penalty For Homosexuality: Stoning To Death?

Brunei has implemented strict new Islamic laws that make anal sex and adultery punishable by stoning to death. The new measures also cover a range of other crimes, including theft by amputation. Homosexuality was already illegal in Brunei, with same-sex sexual activity outlawed since 1906. The new laws have sparked international condemnation, with the United Nations labelling the laws cruel and inhumane.

International condemnation

The implementation of strict new Islamic laws in Brunei, which make anal sex and adultery punishable by stoning to death, has sparked international condemnation.

The move has been criticised by governments, the European Parliament, the United Nations, other international human rights bodies, NGOs, and celebrities such as George Clooney, Elton John, Richard Branson, and Ellen DeGeneres.

The United Nations called the legislation "cruel, inhuman and degrading", and said it marked a "serious setback" for human rights protection. Amnesty International also stated that the penal code was "a deeply flawed piece of legislation containing a range of provisions that violate human rights".

In response to the international criticism, the Sultan of Brunei, Hassanal Bolkiah, announced a moratorium on the death penalty by stoning, stating that the country would extend its moratorium on the death penalty to include new Islamic laws. However, this was seen by some as a mere clarification rather than a capitulation to international pressure, as Brunei already had a general moratorium on the death penalty.

The international community's reaction to the stoning law in Brunei stands in contrast to its response to similar laws in other countries. For example, when Fiji declared a state of emergency in 2009 and restricted free speech and assembly, it was quickly condemned and expelled from the Commonwealth. On the other hand, Brunei has not held elections for its parliament, continues to make laws by emergency orders, and restricts press freedom, yet the Sultan is still embraced by the Commonwealth and his abuse of emergency powers goes largely uncriticised outside of academic circles.

The impact on Brunei's LGBT community

Brunei's LGBT community has been severely impacted by the country's decision to implement stoning as a punishment for gay sex. The community, which was already facing legal challenges and discrimination, is now dealing with a heightened climate of fear and uncertainty. Many LGBT individuals in Brunei have expressed shock and dismay at the new laws, which have led to a sense of fear and a desire to leave the country. Some have already sought asylum in other countries, such as Canada.

The new laws have also had a chilling effect on the community's ability to connect and seek support. Dating apps, which were once used by some LGBT individuals in Brunei despite the legal risks, are now seen as too dangerous. There is a pervasive worry that individuals may be targeted by government spies or police officers posing as potential partners. This has further isolated the community and made it more difficult for people to find safe spaces and connections.

The LGBT community in Brunei has always been discreet and hidden due to the illegality of homosexuality. However, the new laws have pushed them further underground, as people are now afraid to speak out or express their true identities. This sense of secrecy and fear has impacted the mental health and well-being of LGBT individuals, who feel increasingly marginalised and vulnerable.

The laws have also had a detrimental effect on the community's ability to advocate for their rights and seek support from international organisations. With the constant threat of punishment hanging over them, it has become even more challenging for LGBT individuals in Brunei to organise, connect, and seek help from human rights groups or foreign governments. This isolation has further empowered the government to enforce these laws without significant backlash.

The impact of these laws on the LGBT community in Brunei cannot be overstated. They face not only the threat of violent punishment but also increased discrimination, social stigma, and isolation. The community's ability to live safely and freely in the country has been severely compromised, and many are now seeking alternative options to secure their safety and well-being. The full extent of the impact may never be truly known, as the community is forced to remain hidden and silent for their own protection.

The role of the Sultan

Sultan Hassanal Bolkiah Muiz'zaddin Wad'daulah, the Sultan of Brunei, is one of the few remaining absolute monarchs in the world. He has been the Sultan of Brunei since 1967 and the prime minister since the country's independence from the United Kingdom in 1984.

The Sultan is the head of state and head of government in Brunei, making him the ultimate decision-maker in the country's political system. He has the power to appoint and dismiss ministers and has a significant influence on policy-making. The Sultan also holds the portfolios of Minister of Home Affairs and Minister of Finance. Additionally, he is the Supreme Commander of the Royal Brunei Armed Forces (RBAF) and plays a crucial role in the country's defence and security.

In 2014, the Sultan implemented strict Islamic criminal penalties, including flogging, amputation of limbs, and death by stoning for offences such as homosexuality, adultery, and abortion. These laws sparked international outrage and protests, with many calling for boycotts of companies owned by the Bruneian royal family. The Sultan's decision to implement these laws was based on his interpretation of Islamic teachings and his role as the ruler of Islam in Brunei. He has stated that these laws are necessary to obey Allah's command as written in the Quran.

The Sultan's role also extends beyond politics and governance. He is the founder of the Sultan Haji Hassanal Bolkiah Foundation, which focuses on philanthropy and providing educational and welfare support to the Bruneian people. The Sultan is also known for his lavish lifestyle and has previously faced criticism for his extravagant spending, including a large car collection.

In summary, the Sultan of Brunei wields significant power and influence in the country, both politically and socially. His decisions and interpretations of Islamic law have far-reaching consequences for the country and its people, including the implementation of strict Islamic criminal penalties.

The economic context

Brunei's economy has been in decline for several years, with rising unemployment and falling average incomes. Oil and gas revenues account for over half of the country's GDP and 90% of government revenue, but the economy has slowed as global oil prices have fallen.

In this context, the implementation of strict new Islamic laws, including the punishment of stoning for gay sex and adultery, can be seen as an attempt by the Sultan, Hassanal Bolkiah, to shore up support among the country's conservatives and tighten his grip on power. The laws were first announced in 2013 and have been gradually enacted over several years, with the final phase coming into force in 2024 (or possibly 2019, according to some sources).

The economic downturn has had a significant impact on the standard of living in Brunei, and the government may be seeking to divert attention from these domestic issues by focusing on "moral" issues and appealing to conservative and religious elements in society. The laws have been condemned internationally by human rights groups, foreign governments, and celebrities, who have called for boycotts of Brunei-owned businesses. However, the Sultan has shown no sign of backing down, and the laws remain in place despite the outcry.

The likelihood of enforcement

Firstly, it is important to note that homosexuality has been illegal in Brunei for some time, with sexual activity between men punishable by capital punishment and sex between women punishable by caning or imprisonment. The new laws, which include stoning to death for gay sex and adultery, are part of a broader implementation of strict Islamic laws or Sharia law in the country.

Secondly, the laws have been met with international condemnation from human rights groups, foreign governments, celebrities, and the United Nations, which has described the laws as "cruel and inhumane." This backlash led to the Bruneian government delaying the implementation of the final phase of the penal code, which includes stoning, for several years. The government has also not carried out an execution since 1957, and there is a high burden of proof required to hand down a death sentence, making it unlikely that stoning will be widely enforced.

However, the current sultan, Hassanal Bolkiah, has shown no sign of backing down from the laws, and in a public address, he called for "stronger" Islamic teachings in the country. Additionally, some analysts believe that the implementation of these laws is an attempt by the sultan to shore up support among conservatives and strengthen his grip on the country, particularly in the face of a declining economy.

While it is challenging to predict the likelihood of enforcement, the existence of these laws has already had a significant impact on the LGBT community in Brunei, with many living in fear and seeking asylum in other countries. The international community's continued pressure may play a crucial role in preventing the enforcement of these harsh punishments.

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