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Title: Brunei Human Rights Practices, 1995
Author: U.S. Department of State
Date: March 1996
BRUNEI
Brunei Darussalam, a small, wealthy monarchy located on the north coast
of Borneo, is a sultanate ruled by the same family for 600 years.
The 1959 Constitution provided for the first delegation of political
power by former Sultan Omar Ali Saifuddin to an appointed council of
state, but in 1962 the Sultan invoked an article of the Constitution
that allowed him to assume emergency powers for 2 years. These powers
have been regularly renewed, most recently in September by the current
Sultan. 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's large oil and natural gas reserves, coupled with its small
population, give it one of the world's highest per capita gross national
products.
Human rights in Brunei remain broadly circumscribed. In practice,
citizens do not have the right to change their government, and they
generally eschew political activity of any kind, knowing that the
Government and ruler will disapprove such activity and may punish them.
Nor, constitutional provisions notwithstanding, do they genuinely
exercise the freedoms of speech, press, and association. Other human
rights abuses, including discrimination against women and restriction of
religious freedom, continued.
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 political or other extrajudicial killings.
b. Disappearance
There were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment
The media occasionally report on allegations of police mistreatment of
prisoners, but these reports cannot be verified. In 1988 caning 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. Reportedly, as many as 50 offenders per year are caned.
Prison conditions range from fair to good. There is no overcrowding,
prisoners usually have a cell to themselves. Prisoners receive regular
medical checkups. Remand cells at police stations are Spartan but
adequate.
d. Arbitrary Arrest, Detention, or Exile
While the law provides for a prompt judicial determination of the
validity of an arrest, those provisions, like the Constitution itself,
may be superseded, either partially or wholly, through invocation of the
emergency powers. Moreover, the Internal Security Act (ISA) permits the
Government to detain suspects without trial for renewable 2-year
periods. The Government occasionally has used the ISA to detain persons
suspected of antigovernment activity, but apparently did not do so in
1995. A person detained under the ISA was released in April 1994
following his pledge of loyalty to the Sultan.
Police officers have broad powers to make arrests 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.
Under the 1918 Banishment Act, any person deemed to be a threat to the
safety, peace, or welfare of Brunei, may be forcibly exiled either
permanently or temporarily by the Sultan. There have been no cases of
banishment of citizens in recent times.
e. Denial of Fair Public Trial
The Constitution does not specifically provide for an independent
judiciary. However, Brunei civil law, based on English common law,
provides citizens with a fair and efficient judicial process. Shari'a
(Muslim law) supersedes civil law in a number of areas, including
divorce, inheritance, and sexual crimes.
The judicial system consists of five levels of courts, with final
recourse in civil cases available through the Privy Council in London.
In January Brunei terminated appeal to the Privy Council in criminal
cases. Procedural safeguards include 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 and no trials of political opponents.
A few political prisoners, probably "returnees" (individuals who
participated in the 1962 rebellion, fled the country, and subsequently
returned), are still in prison because of their role in the rebellion
and their alleged refusal to renounce violence and pledge loyalty to the
Sultan.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Although the law permits government intrusion into the privacy of
individual persons, families, or homes, this rarely happens. There are
sporadic reports of mail having been opened prior to delivery.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
While no law restricts freedom of speech and freedom of the press, the
Government on a few occasions censored international newspapers and
periodicals by removing or blacking out articles or photographs found to
be objectionable, particularly those potentially embarrassing to
Brunei's royal family, critical of the Government or the Sultan, or
those judged sexually or morally improper by censors. The growing use
of facsimile machines and access to satellite transmissions make 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 Brunei-based television station is government owned. Two
Malaysian television channels are received in Brunei. A 10-channel
cable network of television stations, which includes the Cable News
Network, the British Broadcasting Corporation World News, and several
entertainment channels, is widely viewed. 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 on national security grounds those
who attempted to propagate 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 Brunei Solidarity National Party, which had been inactive for
several years, held an assembly in February, reportedly with the consent
of the Government. About 50 people attended. In May the party
president resigned: in a September interview in a local newspaper, he
said he had resigned after the Home Affairs Ministry warned him not to
involve himself in political activity because he is a former political
detainee. He told the interviewer that he is seeking authorization from
the Government to resume political activity. There has been no public
party activity since the February assembly.
The activities of international service organizations continue to be
constrained. In 1995 the Government reminded local leaders of these
organizations that Muslims may not be 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 Darussalam." 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.
This reassertion of MIB has created a variety of impediments to the full
and unconstrained exercise of religious freedom called for in the
Constitution and in the 1993 Kuala Lumpur Declaration. The Government
in 1993 participated in issuing the Kuala Lumpur Declaration, which
confirms the right of all persons to a wide range of human rights,
including freedom of religion. Despite this, and constitutional
provisions, 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. In July a foreign nun was denied
admission to Brunei to attend the annual assembly of the International
Conference of Education Teachers (ICET), for which she was a duly
registered delegate.
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. Only the
International School, which Bruneian citizens or permanent residents
generally are not permitted to attend, is exempted from these
restrictions.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation
The Government restricts the movement of former political prisoners
during the first year of their release. Otherwise, it generally does
not restrict freedom of movement for most citizens, visitors, and
permanent residents. The Government places some contractual
restrictions on foreign travel for certain expatriate employees, but
this is limited to the first year of the contract. Although 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
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 to 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, since 1992, are elected by secret ballot by all
adults. 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.
Substantial numbers of women serve at the junior and middle levels of
Brunei's large government bureaucracy. Nevertheless, at higher levels
of the bureaucracy a clear pattern of discrimination exists. Since
independence, no woman has been appointed to head a ministry, 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. A woman now serves as
an intermediate court judge, the highest judicial position held by
Bruneians.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human Rights
There are no government or private organizations 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
Except for religion (see Section 2.c.), the Constitution does not
contain specific provisions prohibiting discrimination based on the
factors listed above.
Women
The extent to which spousal abuse may occur and go unreported is not
known. However, in response to a growing perception that domestic
violence is a serious problem, the police established a special unit to
investigate allegations of spousal abuse in October 1994. Approximately
16 cases of domestic abuse were reported to police in the first half of
1995. The Government has established a shelter for abused women, and
reportedly there were four residents there in 1995. In January the
Government initiated a well-publicized telephone "hot line" to report
abusers.
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 caning and a longer jail sentence. One area of apparent
abuse involves female domestic servants. While the level of violence in
Bruneian society is low, 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"--is less socially unacceptable behavior.
Since most female domestics are foreign workers who are highly dependent
on their employers, 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 investigate allegations of
abuse and impose fines and punishment as warranted.
In accordance with Koranic precepts, women 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 males only. Female citizens 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.
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 official pressure on non-Muslim
women to do so. All female students in government-operated schools are
required to wear the tudong, however, while students in nongovernment
schools are officially encouraged to wear it.
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 the armed forces, although they may
not serve in combat. The number of female university graduates is
increasing, and nearly two-thirds of Brunei University's entering class
is female.
Children
There are no published statistics regarding the welfare of children.
The strong commitment to family values within society, the high standard
of living, and government funding for children's welfare provides most
children a healthy and nurturing environment. With a few exceptions
involving small villages in extremely remote areas, nutritional
standards are high, and poverty is almost unknown. There were 18
reported cases of child abuse in the first half of 1995.
People with Disabilities
While no legislation mandates accessibility or other assistance to
disabled persons, they are well integrated into Brunei society and the
workplace, due mainly to past and ongoing efforts of the Government and
nongovernmental organizations to raise public consciousness.
Indigenous People
The 6 percent of Brunei's population that is composed of indigenous
peoples has long been integrated into Bruneian society, and enjoys the
same rights as other citizens.
National/Racial/Ethnic Minorities
Some members of non-Malay minorities, such as ethnic Chinese, including
those born and raised in Brunei, are not automatically accorded
citizenship and must travel abroad as stateless persons.
Section 6 Worker Rights
a. The Right of Association
Trade unions are legal in Brunei but must be registered with the
Government. There are three generally inactive registered trade unions,
all of them in the oil sector, with a total membership amounting to less
than 5 percent of that industry's 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 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. Brunei is not a member of the International Labor
Organization.
b. The Right to Organize and Bargain Collectively
The Government has not prevented the legal registration of trade unions,
nor has it dissolved any. The Government did not interfere 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 are few
industries of the kind 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
The law prohibits forced labor, and it is not practiced.
d. Minimum Age for Employment of Children
Chapter XI of the Labor Enactment Laws of 1954 prohibits employment of
children below the age of 16. Parental consent and approval by the
Labor Commission is required for those below the age of 18. Women under
age 18 may not work at night or on offshore oil platforms. The
Department of Labor (DOL), which is a part of the Ministry of Home
Affairs, effectively enforces laws on the employment of children. There
were no reports of violations of the child labor laws.
e. Acceptable Conditions of Work
Skilled labor is in short supply, and market forces enable most citizens
to command good salaries. There is no minimum wage. The standard
workweek is Monday through Thursday and Saturday, with Friday and Sunday
off, allowing for two 24-hour rest periods each week. 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. The DOL inspects working
conditions on a routine basis and in response to complaints. 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.
(###)
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