Brunei is an absolute monarchy presided over by Sultan Haji Hassanal Bolkiah since 1967. Emergency powers in place since 1962 have allowed the sultan to govern almost unhindered. The Legislative Council, which consists of appointed, indirectly elected, and ex officio members, meets regularly throughout the year and serves 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.
Independent monitoring of the human rights situation is hindered due to a lack of transparency. As of 2018, proposed changes to the Syariah (Sharia) 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 revisions would discriminate against women and significantly restrict people's freedoms of thought, conscience, and religion.
Legislation
Syariah penal code On 3 April 2019, Brunei's Syariah Criminal Code (2013) entered into force. 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. Many aspects of the code go against Brunei's commitments to customary international law as well as international human rights accords to which Brunei is a party. Brunei is a signatory to both the Convention on the Elimination of All Forms of Discrimination Against Women and the Convention on the Rights of the Child (CEDAW). Brunei has signed the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, but has not yet ratified it. 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.
Anti-trafficking in persons order The government of Brunei's law enforcement grew efforts to combat human trafficking. The 2019 Anti-Trafficking in Persons Order criminalized both sex trafficking and labor trafficking and prescribed penalties, which are considered to be sufficiently stringent. In addition, the government may have also used Chapter 120 Section 5 of the Women and Girls Prosecution Act to prosecute potential sex trafficking crimes. However, the number of suspected trafficking crimes referred for review and potential investigation decreased from 147 cases in 2020 to 134 cases in 2021.
Basic rights
Freedom of speech The constitution and legislation do not include any provisions for freedom of speech. Legislative Council members are allowed to "express their opinions freely" on behalf of the people, but they are not allowed to use language or act in ways that are "irresponsible, insulting, scandalous, or damaging." To question the authority of the royal family is against the law. Challenges against "the standing or importance of the national idea, the Malay Islamic Monarchy concept," are likewise prohibited by 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. Any act, thing, or statement intended to incite "feelings of ill will or hatred" is likewise prohibited by law.
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. For reporting that is judged false and malicious, officials have the power to shut down newspapers without justification, fine, and imprison journalists for up to three years. State-run television is the only outlet in Brunei. 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. The Scoop, an online publication that debuted in 2017, offers largely unbiased coverage of Bruneian politics and society.
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." For fear of legal repercussions, journalists and online activists continued to self-censor.
Freedom of assembly and movement The government's emergency powers restrict the right to assemble in this country. Public gatherings of 10 or more people require a permit from the government, and police may disband unofficial assemblies of five or more people deemed likely to cause a disturbance of the peace. The government routinely issues permits for annual events, but occasionally disrupts politically or otherwise sensitive gatherings. The LGBTQI+ community reported that authorities broke up an event in late January for lack of a permit. Organizers of events on sensitive topics tend to hold meetings in private rather than apply for permits or practice self-censorship at public events.
Laws that have been in place for a long time restrict the right to assemble. Without a permit, no group of more than ten individuals may congregate for any reason, and these regulations are frequently upheld. An unofficial gathering of five or more people that the police believe to be likely to disturb the peace may be broken up by them. The Minister of Home Affairs must approve all permits. Traditionally, the government gave permits for yearly festivities, but in recent years, it has occasionally used this power to obstruct political rallies. Instead than requesting permission or engaging in self-censorship at public events, those in charge of organizing sensitive events frequently hold meetings in private.
The law does not allow for freedom of association, and formal groups are required to register with the Registrar of Societies and provide reports on their activities. The government may suspend the activities of registered organizations if it deems it in the public interest. 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. The government accepts most applications for forming associations, but applicants are subject to background checks and naming requirements. Approved organizations deal with matters such as pollution, wildlife preservation, arts, entrepreneurship, and women in business.
Freedom of religion
The official religion in Brunei is Sunni Islam, but the constitution allows for the peaceful practice of all religions. The government enforces Sharia law, which includes corporal and capital punishments for offenses such as apostasy and blasphemy, although no capital punishments have been enforced since 1957. The government permits non-Muslim religious minorities to practice their faiths but bans religious groups it considers "deviant." All places of worship were closed due to COVID-19, and non-Islamic places of worship were not officially informed of the closure. The government has not ratified the United Nations Convention Against Torture. 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 government kept up its long-standing efforts to discourage other religions and support the Shafii school of Sunni Islam. Religious organizations that did not follow the Shafii school of Sunni Islam were subject to laws and regulations. Throughout 2012, there was little change in the pattern of how much the government respected religious freedom. On the basis of religion affiliation, belief, or practice, there have been some reports of social abuses or prejudice. Religious groups in the nation largely coexisted harmoniously.
Political freedoms The country is ruled by the sultan through hereditary birthright, and citizens have no ability to choose their government. Emergency powers have been in place since 1962, renewed every two years by the sultan. 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. The only registered political party, the National Development Party, pledges support for the sultan and government and makes no criticisms of the government.
Children's rights The father or, after an application process, the mother is the source of citizenship. Birth within the borders of the nation does not confer citizenship. Every birth is recorded, and boys and girls are treated equally. A special pass must be applied for by stateless parents if their child is born here. It is against the law to fail to record a birth, and doing so afterwards makes it challenging to enroll the child in school. Although child abuse is illegal, it does not seem to be a common occurrence. 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.
The legal minimum age for marriage in Brunei is 14 years and seven months with parental and participant consent, unless religious or custom laws set a higher minimum age. The Islamic Family Act sets the minimum age at 16 for Muslim girls and 18 for Muslim men, and it is an offense to force someone to marry against their will. Ethnic Chinese must be 15 or older to marry, and sexual intercourse with an ethnic Chinese girl younger than 15 is considered rape even if with her spouse. Marriages involving minors are rare and generally prohibited by social custom. Sexual activity with a girl under the age of 14 is rape and is punishable by imprisonment for up to 30 years and a minimum of 12 canings, according to the law. The law protects women, girls, and boys from being used for prostitution and "other immoral objectives," such as pornography, that involve commercial sexual exploitation. To pursue the rape of male youngsters, the government used the statute prohibiting "carnal intercourse against the order of nature." Outside of marriage, consenting adults must be at least 16 years old.