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TITLE: BRUNEI HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
BRUNEI
Brunei Darussalam is a small, wealthy monarchy located on the
north coast of Borneo. The population of roughly 290,000 is
predominantly Malay (65 percent). Chinese (15 percent),
indigenous peoples (6 percent), and foreign residents (14
percent) make up the remainder. Brunei is a hereditary
sultanate ruled by the same family for 600 years. It became a
British protectorate in 1888 and fully independent in 1984.
The 1959 Constitution provided for the first delegation of
political power by the Sultan. In 1962 the Sultan invoked an
article of the Constitution that allowed him to assume
emergency powers for 2 years. These have been regularly
renewed and remain in force. Although not all of the articles
of the Constitution are suspended, the state of emergency
places few limits on the Sultan's power. He also serves as
Prime Minister, Minister of Defense, Dean of the National
University, and chief religious leader.
The police force, which has responsibility for internal
security, reports to the Prime Minister's office and is firmly
under the control of civil authorities.
Brunei produces an average of 160,000 barrels of oil per day
and about 5.5 million tons of liquefied natural gas per year.
This bountiful natural resource endowment, in combination with
Brunei's small population, gives it one of the world's highest
per capita gross national products.
In September Brunei participated in the issuance of the Kuala
Lumpur Declaration which, among other things, confirmed the
right of "all human beings, without distinction as to race,
color, sex, language, religion, nationality, ethnic origin,
family or social status, or personal convictions, to freedom of
thought, opinion, conscience, and religion." The Declaration
also affirmed the right of citizens "freely to determine their
political status." Nothing in Brunei's Constitution or laws
states that its citizens cannot change their government. In
practice, however, citizens do not have this right. Bruneians
generally eschew political activity of any kind, knowing that
such activity will be disapproved by the Government and ruler
and may lead to punishment. Nor do Bruneians genuinely
exercise the freedoms of speech, press, and association
provided for in the Constitution. Other human rights abuses,
including mandatory flogging of prisoners for certain offenses,
discrimination against women, and circumscription of religious
freedom continued in 1993.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no reports of politically motivated killings.
b. Disappearance
There were no reports of disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
In 1988 whipping with a cane became mandatory punishment for 42
criminal and drug-related offenses and for vandalism. Since
then sentences of whipping have been handed down and carried
out in the presence of a doctor who monitors implementation and
has the authority to interrupt and postpone the punishment for
medical reasons. The incidence of crime in Brunei is low, and
caning is infrequent.
d. Arbitrary Arrest, Detention, or Exile
The Constitution has no provision for habeas corpus. While
legislative provisions granting the right of habeas corpus
exist, those provisions, like the Constitution itself, may be
superseded, either partially or wholly, through invocation of
the emergency powers. No such action has occurred to date.
Police officers have broad powers to arrest people without
warrants. However, under normal circumstances, a magistrate
must endorse a warrant for arrest. Warrants are issued without
this endorsement on rare occasions, such as when police are
unable to obtain the endorsement in time to prevent the flight
of a suspect. The Internal Security Act (ISA) permits the
Government to detain suspects without trial for renewable
2-year periods. The Government has occasionally used the ISA
to detain persons suspected of antigovernment activity.
Brunei's prison population is not large. Prisoners are not
known to be abused. The several facilities for prisoners range
from adequate, for the short-term "lockup," to good, for the
long-term prison at Jerudong.
e. Denial of Fair Public Trial
The Bruneian judicial system consists of five levels of courts,
with final recourse available through the Privy Council in
London. Although there is no trial by jury, procedural
safeguards are available, including the right to defense
counsel, the right to an interpreter, the right to a speedy
trial, and the right to confront accusers. There were no known
instances of government interference with the judiciary in 1993
and no trials of political opponents.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Although the Government is empowered by law to intrude into the
privacy of individual persons, families, or homes, this rarely
happens.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of speech and freedom of the press are not restricted
by law, but the Government frequently censors international
newspapers and periodicals by removing or blacking out articles
or photographs found to be objectionable. In 1993 articles
were subject to censorship if they were potentially
embarrassing to Brunei's royal family, critical of the
Government or the Sultan, or were judged improper by the
censors. The growing use of facsimile (FAX) machines makes it
increasingly difficult to keep such material from entering
Brunei. The independently owned local newspaper practices
self-censorship by avoiding issues it knows the Government
would object to. The only television station is government
owned. (The broadcasts of two Malaysian television stations
can also be received.) Because of the almost total absence of
criticism or opposing views, the Government's tolerance of
political criticism has not been effectively tested recently.
In the past it has not hesitated to arrest those who attempted
to espouse unwelcome political views.
b. Freedom of Peaceful Assembly and Association
Freedom to assemble for political purposes also has not been
seriously tested in recent years. Following the 1967 ban on
political parties, the Government allowed two parties to form
in 1985 and 1986. The Government severely restricted
membership in both parties, disbanding one of them in 1988.
The other political party, the Brunei National Solidarity
Party, lingers on with a few dozen members.
c. Freedom of Religion
The Constitution states, "The religion of Brunei Darussalam
shall be the Muslim religion according to the Shafeite sect of
that religion: provided that all other religions may be
practiced in peace and harmony by the person professing them in
any part of Brunei Darrussalam."
In 1991 the Government began to reinforce the legitimacy of the
hereditary monarchy and the observance of traditional Bruneian
and Muslim values by reasserting a national ideology known as
the Malaya Islam Beraja (MIB) or "Malay Muslim Monarchy," the
genesis of which reportedly dates back to the 15th century.
The resulting Islamization of Bruneian society has created a
variety of impediments to the full and unconstrained exercise
of religious freedom called for in the Constitution and in the
recent Kuala Lumpur Declaration. Despite constitutional
guarantees and the Kuala Lumpur Declaration, the Government
routinely restricts the practice of non-Muslim religions by:
prohibiting proselytizing; occasionally denying entry to
foreign clergy or particular priests, bishops, or ministers;
banning the importation of religious teaching materials or
scriptures such as the Bible; and refusing permission to
expand, repair, or build new churches, temples, and shrines.
The Ministry of Education has also restricted the teaching of
the history of religion or other courses in religion in
non-Islamic schools while requiring courses on Islam or the MIB
in all schools.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
While the movement of former political prisoners was restricted
during the first year of their release, there were no
restrictions on freedom of movement in the country for most
citizens, permanent residents, and expatriates. The Government
places some contractual restrictions on foreign travel for
certain expatriate employees, but this is limited to the first
year of the contract. While Brunei has not been willing to
accept asylum seekers, it has agreed in principle, and subject
to certain reservations, to the Comprehensive Plan of Action
adopted by the 1989 International Conference on Indochinese
Refugees.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Bruneian citizens are unable to change their government through
established democratic processes. Under the continuing state
of emergency, there is no parliament, and political authority
and control rests in the hands of the ruling monarch.
Individual citizens may seek to express their views or
influence government decisions and policies by petitioning the
Sultan or handing him letters when he appears in public. The
only form of popular representation lies in a traditional
system of village chiefs, who, under a new system inaugurated
in 1992, are elected by secret ballot at meetings in which all
adults may participate and vote. Once elected, village chiefs
serve for life. Candidates must meet 2-year village residency
requirements; have a knowledge of Islam, though they need not
be Muslims; and have no current or past involvement with any
political party. These leaders communicate constituents'
wishes through a variety of channels, including periodic
meetings, chaired by the Home Affairs Minister, with several
officials appointed by the Sultan.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
There are no government or private organizations in Brunei that
deal specifically with the protection of human rights. Given
the tight restrictions on freedom of speech and press and the
Government's unwillingness to tolerate criticism, any group or
individual attempting to investigate and report publicly on
human rights issues would face severe constraints. There were
no known allegations of abuses or requests to visit by
international human rights groups.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
Women
Based on Koranic precepts, women in Brunei are denied equal
status with men in a number of important areas such as divorce,
inheritance, and custody of children. Under the Brunei
Nationality Act, citizenship is passed on through the male
only. Female citizens of Brunei who are married to foreigners
or bear children by foreign fathers cannot pass on Bruneian
citizenship to their children, even when such children are born
in Brunei. This has resulted in creation of a sizable
population of stateless children, estimated at more than 5,000
residents, who are entitled to live in Brunei and be documented
for travel by the Government, but who cannot enjoy the full
privileges of citizenship, including the right to own land.
Although men are eligible for permanent positions in government
service whether or not they hold university degrees, women who
do not have university degrees are eligible to hold government
positions only on a month-to-month basis. While recent changes
eliminated some previous inequities, women in month-to-month
positions continue to receive slightly less annual leave and
fewer allowances than their male and female counterparts in
permanent positions.
There are no separate pay scales for men and women, and in
recent years there has been a major influx of women into the
work force. Women serve in a wide variety of capacities in
Brunei's armed forces, although they may not serve in combat.
At the junior and middle levels of Brunei's large government
bureaucracy there are now substantial numbers of women.
Maternity leaves of 56 workdays are now granted to women
regardless of whether they hold permanent or month-to-month
positions and may be taken at any time before or after
delivery. The number of female university graduates is
increasing, and nearly two-thirds of the National University's
entering class is female.
A woman now serves as an intermediate court judge, the highest
judicial position held by Bruneians, and sat recently with a
foreign high court judge in a capital case involving a foreign
woman. Nevertheless, at higher levels of the bureaucracy a
clear pattern of discrimination exists. Since independence, no
woman has been appointed to ministerial rank; and women
continue to be passed over despite the fact that there are by
now a number of well-qualified candidates for promotion to
positions at permanent secretary and deputy minister levels.
Religious authorities strongly encourage Brunei Muslim women to
wear the tudong, a traditional head covering, and many women do
so. Some Muslim women do not, however, and there is no
pressure on non-Muslim women to do so. The incidence of rape
or domestic violence against women appears to be relatively
low, though the extent to which either may occur and go
unreported is not known.
The criminal penalty for a minor domestic assault is 1 to 2
weeks in jail and a fine. An assault resulting in serious
injury would be punished by whipping and a longer jail
sentence. One area of apparent abuse involves female domestic
servants. While the level of violence in Bruneian society is
comparatively low, there is less taboo about the beating of
servants--or refusing them the right to leave the house on days
off, sometimes on grounds that they "might encounter the wrong
company." Since most domestics are foreign workers, who are
reasonably well paid and highly dependent on their employers
for continued employment, those subject to abuse may be
unwilling or unable to bring complaints, either to Bruneian
authorities or to their governments' embassies in Brunei. When
such complaints are brought, however, the Government is
generally quick to take action, including the imposition of
fines and punishment.
Children
While published statistics regarding the welfare of children,
and crimes against children do not exist, the strong commitment
to family within Bruneian society, the country's high standard
of living, and government funding for children's welfare
guarantee almost all children growing up in Brunei a healthy
and nurturing environment. With a few exceptions involving
small villages in extremely remote areas, nutrition standards
are high and poverty is almost unknown. Instances of child
abuse appear low.
The Government's commitment to the welfare of children is
demonstrated in Brunei's hospitals where health care is free
for all citizens. This includes rural hospitals and traveling
clinics which provide high levels of health care and public
health outreach programs. There are excellent prenatal,
neonatal, and postnatal programs, free childhood immunization,
and rehabilitation and physical therapy programs for injured,
sick, or handicapped children.
Indigenous People
Six percent of Brunei's population is comprised of indigenous
peoples. They have long been integrated into Bruneian society,
although a few still live in remote jungle areas. They enjoy
the same rights of land ownership and access to natural
resources as other Brunei citizens and have never possessed, or
had a concept of, defined tribal lands. They are free to
celebrate traditional festivals and to maintain cultural
traditions. Presumably, since most are non-Muslim, they may
feel the same discomfort as other minority groups over the
Government's active efforts, particularly through the Ministry
of Education's directives to schools, to inculcate in all
citizens the concept of the MIB. There is no apparent pattern
of job discrimination against indigenous peoples, a number of
whom have risen to high positions such as deputy director of
the Anticrime Bureau, registrar of the University of Brunei
Darussalam, and commanding officer of the Royal Bruneian Armed
Forces' special combat squadron.
National/Racial/Ethnic Minorities
Few of the substantial Chinese minority, constituting 15
percent of the population, are citizens. Those having no
claims to other nationalities were "British-protected persons"
prior to independence, and are now stateless and either
permanent or temporary residents. Noncitizens may not own land
but may hold property through long-term leases.
The process of obtaining citizenship in Brunei is long and
difficult. Many aspirants complain that the Malay-language
test required for citizenship is administered so rigorously
that it is almost impossible for a nonnative speaker to pass.
In general, however, the Chinese community, which conducts much
of the country's commercial activity, has prospered in Brunei.
While the Chinese have done well economically, and some hold
key governmental positions, including one position at the
permanent secretary level, some are reevaluating their position
in Brunei, especially the prospects for their children in a
society in which ethnic Malay citizens are favored in such
areas as government employment and access to the National
University, and some Chinese are emigrating.
People with Disabilities
There are no provisions for easy access to public places and no
affirmative legislation for the disabled in Brunei. However,
the disabled are well integrated into Brunei society and the
workplace, due mainly to past and ongoing efforts of the
Government and associations for the disabled to raise public
consciousness.
Section 6 Worker Rights
a. The Right of Association
Trade unions are legal in Brunei but must be registered with
the Government. Signatures of seven members are required for
registration. There are four registered trade unions, all of
them in the oil sector, with a total membership amounting to
less than 5 percent of the work force. All workers, including
civil servants other than those serving in the military and
police, may form or join trade unions. Unions are independent
of the Government. The Trade Unions Act of 1962 permits the
formation of trade union federations in Brunei but forbids
affiliation of Brunei's trade unions with labor organizations
outside Brunei. An individual contract is required between an
employer and each employee, but legal trade union activities
cannot be deemed to violate employee contracts. Local legal
experts interpret this provision as conferring the right to
strike, but there have been no strikes.
b. The Right to Organize and Bargain Collectively
The Government has not prevented the legal registration of
trade unions, nor has it dissolved any. There is no government
interference with lawful union activity. It is illegal to
refuse employment or discriminate against an employee on the
basis of membership or nonmembership in a trade union. While
unions are legal and easy to register, conditions in Brunei are
not conducive to the development of trade unions. There is
little interest on the part of workers in forming trade unions,
and existing unions are not very active. Brunei law is silent
on collective bargaining, and it occurs in only a few
industries. There is a lack of those kinds of industries in
which unions have traditionally developed. Also, cultural
tradition favors consensus over confrontation. Wage and
benefit packages are based on market conditions and tend to be
generous.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
Forced labor is prohibited by Chapter 93 of the Laws of Brunei,
and it is not practiced.
d. Minimum Age for Employment of Children
Chapter XI of the Labour Enactment Laws of 1954 specifically
covers the employment of children. Employment of children
below the age of 16 is prohibited. Parental consent and
approval by the Labor Commission is required for those below
the age of 18. Women under 18 may not work at night or on
offshore oil platforms. The Labor Department, which is a part
of the Ministry of Home Affairs, effectively enforces laws on
the employment of children.
e. Acceptable Conditions of Work
Skilled labor is in short supply, and market forces enable most
citizens of Brunei to command good salaries. Brunei has no
minimum wage. Overtime is paid for work in excess of 48 hours
a week, and double time is paid for work performed on legal
holidays. Occupational health and safety standards are
established by government regulations. Working conditions are
subject to inspection on a routine basis and in response to
complaints to Department of Labor (DOL) officials. The DOL
generally enforces labor regulations effectively. However, in
the unskilled labor sector, enforcement is lax, especially for
foreign laborers. The DOL is empowered to close any workplace
where health, safety, or working conditions are unsatisfactory,
and it has done so in the past. (###)
[end of document]
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