Human rights in Brunei
The Legislative Council, which consists of appointed, indirectly elected, and ex officio members, met regularly throughout the year and served solely as an advisory body for the purpose of proposing and approving laws and spending plans.
The Royal Brunei Police Force (RBPF) and the Internal Security Department (ISD), which are overseen by the Prime Minister's Office and the Ministry of Home Affairs respectively, are in charge of maintaining order and enforcing the law in the nation.
If enacted, phased changes to the Shari'a Penal Code would allow for the use of the death sentence as well as physical punishment for a variety of offenses, including caning and stoning, which constitute torture.
The new legislation discriminates against the nation's most vulnerable groups, including children, women, and religious and sexual minorities, and seriously jeopardizes fundamental human rights.
As a United Nations member, Brunei has vowed to uphold the principles of the Universal Declaration of Human Rights, which are thought to be representative of accepted international law.
According to this theory, only monarchical rule can maintain the rights and privileges of the Brunei Malay race, and Islam is designated as the national religion.
[5] According to Reporters Without Borders (RSF), self-censorship is the norm for journalists in Brunei, which was placed 154th out of 180 nations in its press freedom ranking.
The Sultan's family runs Borneo Bulletin, the primary English-language daily newspaper in the nation, and many of its writers engage in self-censorship.
[6] Shahiran Sheriffudin bin Shahrani Muhammad, a government employee, was demoted on July 27 and accused under Section 4(1)(c) of the Sedition Act for making remarks on Facebook that the Ministry of Religious Affairs found "offensive."
Organizations seeking to raise funds or donations from the public require permission from the Ministry of Home Affairs and individual permits for each fundraising activity.
Non-Muslims continue to face restrictions on their ability to proselytize, and in one case, a Bible was confiscated by custom officials but could be reclaimed with written approval from various government departments.
The Legislative Council has little independent power and primarily provides a forum for public discussion of proposed government programs, budgets, and administrative deficiencies.
Village consultative council elections allow voting by secret ballot for persons age 18 and older, but candidates must be Muslim, approved by the Ministry of Home Affairs, and have been a citizen or permanent resident for more than 15 years.
A dedicated unit for investigating crimes involving women and children is part of the RBPF, and the Ministry of Culture, Youth, and Sports offered victims' refuge and care.
Specialists discussed issues such child labor, unfavorable gender stereotypes, female genital mutilation, public and religious education, and the juvenile justice system.
The experts were interested in learning more about alternative care and foster systems, adoption practices, the prevalence of obesity and measures taken to address the issue, as well as the possibility of performing abortions.
The penalty for domestic violence ranges from one to two weeks in jail and a fine for minor assault to caning and a longer prison sentence for serious injury.
The government reportedly prosecuted potential trafficking victims and sentenced them for immigration violations, and deported foreign workers whose Bruneian employers withheld wages or medical care.
However, the labor department did not issue guidelines on the prohibition of charging fees, remuneration, profit, or compensation by recruitment agents, and there was no oversight of this provision.
The Bruneian government requires foreign workers to sign their contracts in front of a labor officer to prevent forgery and ensure compliance with the law.
The COVID-19 pandemic hindered the government's ability to conduct anti-trafficking roadshows and awareness campaigns, but a government-owned media outlet continued to publish articles on trafficking and labor rights.
[11] Despite being abolitionist in theory, hanging remained a common punishment for a number of crimes, including homicide, terrorism, and offenses involving drugs.
Amendments to the Penal Code, if put into effect during phase three, would make crimes like adultery, sodomy, and rape punishable by death by stoning.
After worldwide criticism, Brunei stated in 2019 that the ban on the death sentence would be extended to include the new rules under the 2013 Syariah Criminal Code Order.
In recent years, there have been instances of discrimination against LGBT persons, including harassment, threats, and challenges getting access to fundamental rights and services.
[12] In response to reports that the Bruneian government will adopt the UN Convention Against Torture and continue to oppose the use of the death penalty, especially under the country's recently passed Syariah Criminal Code Order (UNCAT).
[10] According to data from the Employers/Employees Census 2017 released by the Labour Department, there are a total of 25,211 workers in the construction business alone, made up of 22,510 foreigners, 2,141 locals, and 560 permanent residents.
The sultan also attributed the uncontrolled influx of foreign labor to government mismanagement in issuing employee visas, making a rare explicit reference to Bangladeshi workers.
With the exception of capital charges, the legislation permits the judge's discretionary use of bail, but it makes no provision for indigent defendants to get free legal representation.
Under the Internal Security Act, the government has the authority to detain or arrest individuals and hold them without charge for revolving two-year terms while also convening an advisory body to assess the detentions.
