Women in Brunei Darussalam face significant challenges when it comes to gender equality and their legal rights. While the country has made efforts to promote equal opportunities for women, especially in education and employment, there are still areas where progress is needed. Brunei's interpretation and implementation of Islamic law have led to concerns about human rights violations, particularly regarding women's rights, and the country has been criticised for its lack of commitment to international standards.
What You'll Learn
Women's rights in Brunei
Sexual Assault
The U.S. Department of State has stated that discrimination against women is a problem in Brunei. While the law prohibits sexual harassment and stipulates imprisonment and caning as punishments for assault, it does not criminalise spousal rape. In fact, it explicitly states that sexual intercourse by a man with his wife, as long as she is not under 13 years of age, is not rape. However, protections against sexual assault by a spouse are provided under the amended Islamic Family Law Order 2010 and Married Women Act Order 2010. There is no specific domestic violence law, but arrests have been made under the Women and Girls Protection Act, and the police have generally been responsive in investigating such cases. A special unit staffed by female officers has been established within the police department to investigate domestic abuse and child abuse complaints.
Abortion
Abortion in Brunei is largely illegal, with the only exception being if a woman's life is in danger. Previously, the penalty for receiving an abortion was up to seven years in prison, and the person performing the abortion could be imprisoned for 10 to 15 years. In 2014, Brunei's government implemented Sharia criminal law, which was set to increase the punishment for abortion to execution by stoning. While this law was expected to come into effect in 2018, it has not been implemented as of 2019.
Freedom of Expression
The Brunei penal code imposes criminal punishment for acts that violate the right to freedom of expression. The code punishes and imposes criminal liability for "indecent" dressing and cross-dressing, which arbitrarily restricts freedom of expression and freedom of association, as well as privacy rights, and constitutes discrimination based on gender expression. The penal code also criminalises apostasy and prohibits the propagation of any religion other than Islam to Muslims or persons with no religion. These provisions place non-Muslim religious believers and non-believers at a disadvantage and severely limit their freedom of religion, in violation of international human rights law.
Other Issues
Other issues related to women's rights in Brunei include citizen and foreign women and girls being sex trafficked in the country, and a lack of representation in parliament, with only 9.1% of seats held by women as of February 2021.
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Women's health in Brunei
Healthcare System in Brunei
Brunei's healthcare system is managed by the Brunei Ministry of Health and funded by the General Treasury. The system includes government hospitals, health centers, clinics, and maternal facilities, which are considered to be of reasonable standard. Healthcare is charged at B$1 per consultation for citizens over 12 years old and free for those under 12. Citizens also have access to free medical and health care, including skilled attendance during childbirth, prenatal care, and essential obstetric and postpartum care.
Women's Health Issues
According to the United Nations (UN), the maternal mortality rate in Brunei was estimated to be 21 deaths per 100,000 live births in 2008. This is a crucial indicator of women's health in the country. Additionally, women in Brunei face challenges due to cultural taboos and legal restrictions. Abortion, for example, is largely illegal, except when the woman's life is in danger. The penalty for receiving an abortion has been severe, with the government implementing Sharia criminal law, which increased the punishment to execution by stoning.
Discrimination and Violence Against Women
The U.S. Department of State has stated that discrimination against women is a problem in Brunei. While the law prohibits sexual harassment and assault, there is no specific domestic violence law. However, arrests have been made in domestic violence cases, and the police have established a special unit with female officers to investigate such complaints. Islamic courts recognize assault as grounds for divorce and do not encourage wives to reconcile with abusive spouses.
Women's Rights and Representation
In recent years, Bruneian women have started to assume "positions of responsibility" in the government and the armed forces. However, there is still a lack of representation in parliament, with only 9.1% of seats held by women as of February 2021. Additionally, there are gaps in data and methodologies for regularly monitoring key areas such as violence against women, unpaid care work, and women's access to assets.
Non-Communicable Diseases
Non-communicable diseases (NCDs) are a significant health concern for all Bruneians, including women. Cardiovascular disease, cancer, and diabetes are the leading causes of death in the country. Obesity is also prevalent among women, with 18.2% of adult women being obese, which is higher than the regional average.
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Women's representation in Brunei
Brunei has a poor track record when it comes to women's rights and representation. Discrimination against women is a known problem in the country, and there is much work to be done to achieve gender equality. As of February 2021, only 9.1% of seats in parliament were held by women.
In recent years, Bruneian women have started to assume "positions of responsibility" in the Government of Brunei. They are able to take jobs in the armed forces, but they are not allowed to serve in combat situations. Hasimah Abu Bakar was the first woman to be promoted to lieutenant colonel in the Royal Brunei Armed Forces (RBAF) in 2006, and Norsuriati Sharbini was the first to be assigned to colonel in the RBAF in 2021.
Women in Brunei are guaranteed certain rights under the government's interpretation of Qur'anic precepts. Muslim women have rights similar to those of Muslim men in areas such as divorce and child custody. However, Islamic law requires that males receive twice the inheritance of women. Civil law, on the other hand, grants female citizens the right to pass on their nationality to their children and own property and other assets, including business properties.
Brunei's long-standing policy of providing universal access to education has given girls and women equal opportunities to upgrade their knowledge and skills and attain employment in various professional fields. The country has reaffirmed its commitment to implementing the Beijing Platform for Action and to protecting women's rights through legislation and plans of action.
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Women's safety in Brunei
Brunei is generally considered a safe destination for women, whether travelling alone or in a group. The country has a low crime rate, and violent crime is rare, especially against tourists. Bruneians are known for being polite, respectful, and well-mannered, and the country has a relaxed, laid-back feel. However, it is important to remember that Brunei is a strict Islamic country, and travellers should respect their rules and customs.
Legal Protections
Brunei has laws in place to protect women from sexual harassment and assault. The law prohibits sexual harassment and stipulates that anyone who assaults or uses criminal force against another person can be punished with imprisonment of up to five years and caning. The law also stipulates imprisonment of up to 30 years and caning for rape. However, it is important to note that spousal rape is not criminalised; the law states that sexual intercourse by a man with his wife is not rape as long as she is not under 13 years of age. There are some protections against sexual assault by a spouse under the amended Islamic Family Law Order 2010 and Married Women Act Order 2010, and a breach of a protection order can result in a fine or imprisonment of up to six months.
There is no specific domestic violence law in Brunei, but arrests have been made in domestic violence cases under the Women and Girls Protection Act. The police will only investigate domestic violence in response to a report by a victim, but they are generally responsive to these reports. Islamic courts recognise assault as grounds for divorce, and officials do not encourage wives to reconcile with abusive spouses. A special unit staffed by female officers has been established within the police department to investigate domestic abuse and child abuse complaints, and a hotline is available for reporting domestic violence.
Cultural Considerations
When travelling in Brunei, women should dress modestly in public, wearing loose-fitting, conservative clothing that does not expose a lot of skin. Full-length pants and shirts with elbow-length sleeves are considered acceptable. While women are not required to wear a headscarf in Brunei, they are expected to do so when visiting mosques. Bikini-style swimsuits are allowed at private beaches but not at public beaches. Public displays of romantic affection are considered distasteful and should be avoided.
Travel Advice
While Brunei is considered safe for solo female travellers, it is always advisable to take certain precautions. It is recommended to avoid walking alone at night in areas that are poorly lit or less populated. Regular safety measures, such as not exposing valuables and letting someone know your whereabouts, should be followed. Public transportation in Brunei is generally safe and reliable, but late-night transport options may be limited.
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Women's employment in Brunei
Women in Brunei, or more specifically, in Brunei Darussalam, have made significant strides in recent years, assuming "positions of responsibility" in the government and the armed forces. However, there are still concerns about discrimination against women and a lack of gender equality in the country. Here is an overview of women's employment in Brunei:
Women in the Workforce:
Brunei's workforce is predominantly male, with 61.3% male and 38.7% female employees. Despite this, the proportion of women in the workforce is on the rise. The public sector is the largest employer in Brunei, and it plays a crucial role in providing stable employment and benefits to a significant portion of the female workforce. The oil and gas industry, which requires specialized skills, is the backbone of the country's economy and contributes substantially to its revenue. The service sector, including tourism, hospitality, and retail, is also expanding and providing more employment opportunities for women.
Cultural Norms and Employment:
The culture in Brunei strongly emphasizes family values and obligations, which often take precedence over work commitments. The mainly Muslim population observes daily prayers and major religious holidays like Ramadan, significantly influencing work schedules and business hours. The work environment may be perceived as more relaxed compared to some Western cultures, with a less stringent focus on tight deadlines.
Education and Skill Development:
Brunei's workforce is generally well-educated, as indicated by the high literacy rate in the country. The government places significant emphasis on tertiary education to develop a skilled workforce across various fields. Despite high education levels, skill gaps exist in specific areas, particularly technical and vocational fields, leading to a reliance on foreign workers to fill those roles.
Discrimination and Gender Equality:
The U.S. Department of State has stated that discrimination against women is an issue in Brunei, and there is a need to work towards achieving gender equality. While women have rights similar to men in areas such as divorce and child custody, there are still discrepancies, such as in inheritance laws, where Islamic law requires that males receive twice the inheritance of women. Additionally, spousal rape is not criminalized, and abortion is largely illegal, with harsh penalties for those who undergo or perform the procedure.
Women in Leadership:
Bruneian women have been assuming more prominent positions in recent years. Hasimah Abu Bakar became the first woman to be promoted to lieutenant colonel in the Royal Brunei Armed Forces (RBAF) in 2006, and Norsuriati Sharbini was the first woman assigned to colonel in the RBAF in 2021. In the government, women held 28% of senior management posts as per government statistics. However, as of February 2021, only 9.1% of seats in parliament were held by women, indicating that more work needs to be done to achieve equal representation in politics.
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Frequently asked questions
According to the UN, the maternal mortality rate in Brunei was estimated to be 21 deaths per 100,000 live births in 2008.
As of 2018, the adolescent birth rate in Brunei is 9.9 per 1,000 women aged 15-19, up from 9.8 per 1,000 in 2017.
While Brunei has made efforts to protect women's rights through legislation and plans of action, discrimination against women remains a problem. The country has a long-standing policy of providing universal access to education, giving girls and women equal opportunities to upgrade their knowledge and skills, and attain employment in various professional fields. However, there are still gaps in key areas such as violence against women, unpaid care, and domestic work.
As of February 2021, only 9.1% of seats in parliament were held by women. However, women held 57% of the civil service force and 28% of senior management posts in the government.
Brunei has laws prohibiting sexual harassment and assault, with penalties including imprisonment and caning. The country also provides protections against sexual assault by a spouse under the amended Islamic Family Law Order 2010 and the Married Women Act Order 2010. However, spousal rape is not criminalized, and Islamic law requires that males receive twice the inheritance of women.