Us-Brunei Arms Trade: A Deal Too Far?

The US has a history of selling weapons to countries with poor human rights records, including the Philippines, Egypt, and Israel. Despite pledges to put human rights at the center of its foreign policy, the Biden administration has continued these sales, even in the face of widespread criticism from human rights groups. With Brunei's strict laws and human rights violations, including the death penalty for homosexuality, it is clear that the US should not be selling weapons to this country. Brunei's armed forces already engage in joint exercises and military cooperation with the US, and the sale of weapons would only serve to strengthen this controversial regime.

Brunei's human rights abuses

The country also has a long list of laws that discriminate against women and religious and sexual minorities. Under Brunei's Sharia Penal Code, which came into effect in 2019, sex between unmarried couples and anal sex are punishable by stoning to death. The code also imposes criminal liability and corresponding punishment – including stoning, whipping, and imprisonment – upon children who have obtained puberty.

Other human rights abuses in Brunei include trafficking in persons, a lack of investigation of and accountability for gender-based violence, and the widespread practice of Type 4 female genital mutilation/cutting. The country also has laws that criminalize consensual same-sex sexual conduct between adults, although there is little evidence of these punishments being carried out.

In addition, Brunei restricts the freedom of assembly and association, with public gatherings of 10 or more people requiring a government permit, and police have the power to disband unofficial assemblies of five or more people. The government also restricts the formation of groups, including religious, social, business, labor, and cultural organizations, which must register with the government and provide regular reports on membership and finances.

Brunei's human rights record is a serious cause for concern, and the international community has a responsibility to address these abuses and hold the country accountable for its actions.

Brunei's strict gun control laws

Brunei has strict gun control laws, prohibiting the possession of all firearms by civilians. Military and police personnel may apply for a licence to own a firearm for reasons such as sport shooting or gun collecting, but hunting, personal protection and property protection are not accepted reasons. Brunei's gun laws are ranked as restrictive, and the Arms and Explosives Act and Rules form the country's national firearm legislation. Requirements for the lawful possession of guns include gun owner licensing, a permit to purchase, registration of firearms, and background checks.

The process for applying for a firearm licence in Brunei is rigorous. Applicants must prove a genuine reason for gun ownership, provide proof of identity, a photo, a curriculum vitae and references, show certification of completed training, undergo a background check, supply information on proposed gun storage, and pay a licence fee. Background checks require proof of citizenship and a minimum age, and prohibitions or restrictions exist for those with a history of crime, domestic violence or mental illness.

The maximum penalty for violating the firearm licensing Act is a fine of up to US$1,000. Lesser offences attract a fine of BND$3,000, while serious offences can result in a prison sentence of 5 to 15 years, plus 3-12 strokes of the whip. In 2005, a former soldier in possession of an unlicensed, homemade rifle was sentenced to six years in prison, plus five strokes of the cane.

Brunei is not a manufacturer of firearms, components or ammunition, and there is no evidence of illegal local manufacture, illicit sales or distribution of firearms, or their components or ammunition. The country's gun laws prohibit or restrict the manufacture, import and export of firearms, their parts and ammunition. However, moderate quantities of guns and ammunition, particularly shotgun shells, are imported, while few are exported.

The US's commitment to protecting human rights

The US has a history of selling weapons to human rights abusers, including the Philippines, Egypt, and Israel. These sales have continued despite public pledges to the contrary and have drawn criticism from human rights groups. The US cannot claim to promote human rights while selling advanced weapons to rights-abusing governments. Such actions undermine Biden’s credibility and respect for human rights globally.

The US has taken some steps to halt weapons sales to certain countries. For example, the Biden administration has temporarily halted arms sales to Saudi Arabia and the United Arab Emirates (UAE) for review. Italy has also taken a stand by cutting off all military sales to Saudi Arabia and the UAE. These are positive steps that demonstrate a commitment to human rights.

The US should extend this commitment to Brunei. While there is no evidence of illicit weapons sales or distribution in Brunei, the country has strict laws and harsh punishments, including caning and long jail sentences. Brunei operates under Sharia law, with strict rules governing alcohol consumption, close proximity between men and women, adultery, and homosexuality. The country has also come under scrutiny for wanting to punish homosexuality with death by stoning.

The US should not sell weapons to Brunei due to its questionable human rights record. By doing so, the US would uphold its commitment to protecting human rights and send a strong message that it will not tolerate human rights abuses.

The impact on US-Brunei diplomatic relations

The United States and Brunei have a long history of diplomatic relations, with the two countries concluding a Treaty of Peace, Friendship, Commerce and Navigation in 1850, which is still in effect. In more recent years, the US and Brunei have worked closely together on a bilateral and regional agenda, particularly during Brunei's ASEAN Chairmanship in 2013 and 2021. Brunei's armed forces also engage in joint exercises, training programs, and other military cooperation with the US, including the annual Cooperation Afloat Readiness and Training (CARAT) exercise. Additionally, Bruneian military personnel have attended US military academies, and US military students have participated in the Brunei Command and Staff Course.

However, the potential halt in US weapons sales to Brunei could impact these diplomatic relations in several ways. Firstly, it could create tension between the two countries, particularly if Brunei perceives the halt in weapons sales as a sign of distrust or a lack of support from the US. This could lead to a breakdown in communication and cooperation between the two countries, impacting their ability to work together on regional issues.

Secondly, it could affect the balance of power in the region. Brunei may seek to strengthen its military ties with other countries, such as Indonesia, from which it has already purchased defense equipment, or China, which has been increasingly active in the region. This could lead to a shift in the regional power dynamics and potentially impact US influence in Southeast Asia.

Thirdly, it could impact the economic relationship between the US and Brunei. While defense cooperation is just one aspect of their relationship, a halt in weapons sales could have a significant economic impact on both countries. US firms already work in the energy, consulting, and financial services sectors in Brunei, and a disruption in one area of their relationship could lead to a reassessment of these economic ties.

Finally, it is important to note that the US-Brunei relationship is not solely dependent on defense cooperation. The two countries also share a commitment to protecting the environment, with Brunei becoming the first nation to ban all trade relating to sharks in 2013. Additionally, they are both members of international organizations such as the United Nations, the International Monetary Fund, the World Bank, and the World Trade Organization, which provide opportunities for continued cooperation and collaboration.

In conclusion, while a halt in US weapons sales to Brunei could have an impact on diplomatic relations between the two countries, the extent of that impact will depend on how the situation is handled by both parties. It is possible that they could find alternative areas of cooperation and maintain a productive relationship, particularly if they can continue to work together through ASEAN and other international organizations.

Brunei's regional defence ties

Brunei has a tri-force strategy encompassing its Army, Air Force, and Navy, with a defence budget of $437.2 million in 2023, expected to reach $486.2 million by 2028. This strategy includes countering territorial disputes, terrorism, and modernising its armed forces. The country's defence modernisation focuses on acquiring advanced technologies and providing quality training to its personnel.

Brunei's defence ties are particularly strong with the United States, Malaysia, Singapore, and the United Kingdom. As part of the five-power defence arrangements (FPDA), Brunei fosters close collaboration with Malaysia, Singapore, Australia, and New Zealand. The country's military forces, the Royal Brunei Armed Forces (RBAF), engage in joint exercises, training programs, and other military cooperation with these nations. The annual Cooperation Afloat Readiness and Training (CARAT) exercise is a key aspect of the bilateral defence relationship between Brunei and the United States.

Additionally, Brunei has a long history of military cooperation with the United Kingdom, dating back to the formation of the Brunei Malay Regiment in 1961 with British military support. British Forces Brunei, including the British Army and Royal Air Force, have maintained a permanent presence in the country since its independence. The Sultan of Brunei, Hassanal Bolkiah, holds honorary positions in the Royal Air Force and Royal Navy of the United Kingdom, as well as the Republic of Singapore Navy.

Through its defence ties, Brunei seeks to contribute to regional stability and economic diversification, reducing its reliance on the oil and gas sector. The biennial Brunei International Defense Exhibition (BRIDEX) further enhances the country's global defence collaborations and attracts foreign investment in defence technology.

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