Brunei's Missteps: A Critical Examination Of Policies And Practices

Brunei, officially Brunei Darussalam, is a small but wealthy country located in Southeast Asia. It is an absolute monarchy ruled by the Sultan, with a population of approximately 455,000 as of 2023. The country has a high GDP per capita, ranking ninth in the world, due to its extensive petroleum and natural gas fields. While Brunei has a good education system and high hygiene standards, there are several issues that have drawn international criticism.

One of the most notable concerns is the implementation of Sharia law, which includes harsh punishments such as stoning, amputation, and death for crimes such as adultery, homosexuality, and theft. This has raised concerns about human rights violations and has sparked backlash from the international community. Additionally, Brunei's treatment of the LGBTQ+ community has been criticized, with members reporting familial pressure, societal discrimination, and a lack of support.

Another issue is the country's economic dependence on oil and gas, which makes it vulnerable to price fluctuations. There is a need for economic diversification to ensure long-term sustainability. Furthermore, the country has been criticized for its isolationist policies and lack of aggressive measures to reform the economy.

While Brunei has achieved success in terms of wealth and development, there are areas where it falls short, particularly in terms of human rights, economic diversification, and social cohesion.

Lack of freedom of expression and media

Brunei's media is said to be pro-government, with press criticism of the government and monarchy rare. The country ranks "Not Free" in media by Freedom House. While the press is not overtly hostile toward alternative viewpoints, it is restricted from publishing anything other than articles regarding the government.

The government interprets the Sharia Penal Code to prohibit the public celebration of religions other than Islam, including the public display of Christmas decorations. However, some establishments do openly sell Christmas decorations or advertise Christmas-themed events, and Christmas remains an official national holiday.

The government also restricts access to the internet and censors online content. It has the capability to monitor private online communications and has been known to monitor private email, mobile telephone messaging, and internet chat-room exchanges suspected of being subversive or propagating religious extremism.

The law in Brunei also allows the government to close a newspaper without giving prior notice or showing cause. It requires local newspapers to obtain operating licenses and prior government approval for hiring foreign editorial staff, journalists, and printers. The government also has the right to bar distribution of foreign publications and requires distributors of foreign publications to obtain a government permit.

The government owns the only local television station, and three Malaysian television channels are also available, along with two satellite television services. Some content is subject to censorship based on theme or content, including religious content, but such censorship is not consistent.

Brunei's Legislative Council proposed an increase in the defence budget for the 2016-17 fiscal year of about five per cent to 564 million Brunei dollars ($408 million). This amounts to about ten per cent of the state's total national yearly expenditure and represents around 2.5 per cent of GDP.

Lack of freedom of assembly and association

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 unicameral legislature, the Legislative Council, is simply consultative and its members are all appointed by the Sultan. The Legislative Council does not have legislative power and is not considered a legislature.

The right to freedom of assembly and association is restricted by the government. The government's emergency powers restrict the right to assembly. Public gatherings of 10 or more people require a government permit, and police may disband an unofficial assembly of five or more persons deemed likely to cause a disturbance of the peace. Permits require the approval of the Minister of Home Affairs. The government routinely issues permits for annual events but has occasionally used its authority to disrupt gatherings deemed politically or otherwise sensitive. Civil society leaders have reported challenges in advancing social causes in the country's heavily censored and insular society.

The law does not provide for freedom of association. The law requires formal groups, including religious, social, business, labour, and cultural organisations, to register with the Registrar of Societies and provide regular reports on membership and finances. Applicants are subject to background checks, and proposed organisations are subject to naming requirements, including a prohibition on names or symbols linked to triad societies (Chinese organised crime networks). The government may suspend the activities of a registered organisation if it deems such an act to be in the public interest.

Organisations seeking to raise funds or donations from the public are required to obtain permission from the Ministry of Home Affairs, and each individual fundraising activity requires a separate permit.

Lack of freedom of religion

Brunei is a small but wealthy country located in Southeast Asia, with a population of just under half a million. It is officially an Islamic state, with hundreds of large, beautiful mosques across the country. The population is predominantly Sunni Muslim, with other faiths practised including Christianity, Buddhism and indigenous religions.

The country'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. It has a legal system based on English common law, although Islamic law (sharia) supersedes this in some cases.

The sale and public consumption of alcohol is banned in Brunei. Non-Muslims are allowed to bring in a limited amount of alcohol from their point of embarkation overseas for their own private consumption.

In 2013, the Sultan of Brunei announced his intention to impose Penal Code from Sharia on the country's Muslims, which make up roughly two-thirds of the country's population. This move attracted international criticism, with the United Nations expressing "deep concern". The code included a range of punishments for crimes such as theft, drug offences, and same-sex relationships, including amputation and death by stoning.

The government of Brunei has mechanisms in place to identify and punish officials who may commit human rights abuses or engage in corruption. The government conducted anti-corruption prosecutions. However, there are credible reports of degrading treatment or punishment by government authorities, and arbitrary or unlawful interference with privacy.

The law does not specifically prohibit torture, and caning may be ordered for certain offences under both secular and sharia law. The Sharia Penal Code (SPC) includes offences punishable by corporal and capital punishments, including stoning to death, amputation of hands or feet, and caning.

The SPC prohibits caning persons younger than 15. Secular law prohibits caning for women, girls, boys younger than eight, men older than 50, and those a doctor rules unfit for caning. Juvenile boys older than eight may be caned with a “light rattan” stick.

The SPC includes provisions barring contempt for or insult of the sultan, the administration of sharia, or any law related to Islam. SPC sections provide, in certain circumstances, for death sentences for apostasy from Islam, deriding Islamic scriptures, and declaring oneself as God, among other offences.

The government interpreted the SPC to prohibit public celebration of religions other than Islam, including publicly displaying Christmas decorations. Some establishments, however, openly sold Christmas decorations or advertised Christmas-themed events. Christmas remained an official national holiday.

The SPC prohibits publication or importation of publications giving instruction about Islam contrary to sharia. It also bars the distribution to Muslims or to persons with no religion of publications related to religions other than Islam. The SPC bars the publication, broadcast, or public expression of a list of words generally associated with Islam (such as Quran) in a non-Islamic context.

The law does not provide for freedom of assembly, and the government limited and restricted this right. Public gatherings of 10 or more people require a government permit, and police may disband an unofficial assembly of five or more persons deemed likely to cause a disturbance of the peace.

The law does not provide for freedom of association. The law requires formal groups, including religious, social, business, labour, and cultural organisations, to register with the Registrar of Societies and provide regular reports on membership and finances.

The law does not specifically prohibit discrimination against persons with disabilities or mandate accessibility or the provision of most public services. Access to public buildings, government information and communication on disability concerns, and transportation for persons with disabilities was inconsistent.

The law does not explicitly prohibit discrimination with respect to employment and occupation. There is no law requiring equal pay for equal work. The law limits employment in certain government positions and the military based on ethnic origin. The law restricts women from serving in certain military combat roles, such as infantry. Women are prohibited from working in certain jobs, at night, or on offshore oil platforms.

Lack of freedom of movement

Brunei is a small but wealthy country located in Southeast Asia. It is officially known as Brunei Darussalam, which translates to "Abode of Peace". The country has a population of roughly 400,000 to 450,000 people, with about 150,000 of them residing in the capital city of Bandar Seri Begawan.

While Brunei is a constitutional absolute monarchy, it is also one of the last absolute monarchies in the world, with Sultan Hassanal Bolkiah as the head of state. The sultan holds full executive authority and serves as the prime minister, finance minister, and defence minister. The country gained its independence from the United Kingdom in 1984 and has since been ruled by the Bolkiah Dynasty, which has amassed billions of dollars.

Now, let's discuss the lack of freedom of movement in Brunei:

Brunei has imposed certain restrictions on the freedom of movement for its citizens and foreign residents. While Bruneian citizens generally enjoy the right to freedom of internal movement, there are limitations on foreign travel and repatriation. Government employees and contractors, for instance, must apply for exit permits to travel abroad and are subject to specific guidelines when travelling. Additionally, the country's tourist passports state that the bearer may not travel to Israel.

Furthermore, the sultan has the authority to forcibly exile any person deemed a threat to the safety, peace, or welfare of the country, although there have been no recent cases of banishment. This power demonstrates the sultan's significant control over the population's ability to move freely in and out of the country.

In terms of internal movement, Brunei's small size and limited transportation options can create challenges for getting around. The country consists of two unconnected parts, with the Temburong District being an exclave separated from the rest of the country by the Brunei Bay and Malaysian state of Sarawak. Travelling between these regions can be difficult due to the lack of a direct land connection.

Additionally, Brunei has a high car ownership rate, which has been attributed to the absence of a comprehensive transport system and low import taxes on vehicles. This has resulted in traffic congestion and limited mobility for those who do not own cars.

The country's road network is well-developed, with a dual carriageway connecting the Muara and Belait Districts. However, public transportation options are limited, and there is no comprehensive transport system in place. This can make it challenging for those without cars to move freely within the country.

Brunei also has an international airport and a seaport, but the options for air and sea travel are limited compared to those in larger countries. Additionally, the country's close proximity to Malaysia means that cross-border movement may be monitored and controlled, further restricting the freedom of movement for Bruneian citizens.

In summary, while Bruneian citizens generally have the right to freedom of internal movement, there are several factors that restrict their ability to move freely. These include limitations on foreign travel for government employees, the absence of a direct land connection between the two parts of the country, a lack of comprehensive public transportation, and the close proximity to neighbouring countries that may impose border controls. These factors contribute to a sense of limited freedom of movement for those residing in Brunei.

Lack of women's rights

Brunei has made some progress in terms of women's rights, but there are still significant gender inequalities that need to be addressed. Women in Brunei Darussalam face discrimination and a lack of representation in parliament, with only 9.1% of seats held by women as of February 2021. There are also gaps in key areas such as violence against women, unpaid care work, and women's access to assets.

Brunei's interpretation of Qur'anic precepts gives Muslim women rights similar to those of Muslim men in divorce and child custody. However, Islamic law requires that males receive twice the inheritance of women. While civil law permits women to pass on their nationality to their children and own property and assets, there are still areas where they face inequality.

Abortion is largely illegal in Brunei, with exceptions made if the mother's life is in danger. The penalty for abortion can be severe, with a case in 2016 where a 22-year-old woman was sentenced to seven years in prison for obtaining an abortion pill. In 2014, the government implemented Sharia criminal law, which was set to increase the punishment for abortion to execution by stoning.

Brunei has also faced criticism for its anti-LGBTQI+ laws and human trafficking issues, which particularly affect women and girls. The country's Syariah Criminal Code, which came into force in 2019, discriminates against vulnerable groups, including women, and restricts fundamental human rights. Amendments to the code included clauses that would force unmarried Muslim women to live with their guardians and criminalize pregnancy outside of marriage.

While Brunei has made efforts to combat human trafficking, the identification and protection of victims remain a challenge. The government has been criticized for prosecuting potential trafficking victims and deporting foreign workers who have faced wage and medical care withholding by their employers.

Overall, while Brunei has made some strides towards gender equality, there are still significant gaps and discriminatory practices that hinder women's rights and limit their opportunities in various aspects of life.

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