INTRODUCTION
Brunei Darussalam, a small Southeast Asian nation led by one of the world’s few remaining absolute monarchies, presents a uniquely complex human rights context. Since its independence in 1984, the country has operated under a continuous state of emergency, allowing the Sultan, Hassanal Bolkiah, to consolidate power without electoral oversight. While Brunei is economically stable and culturally rich, its legal and political systems present significant challenges from a human rights perspective, particularly in the areas of freedom of expression, religious liberty, gender equality, and the rights of LGBTQIA+ individuals.
This article explores the human rights landscape of Brunei with a critical analysis of its Syariah Penal Code, the implications for vulnerable communities, and the role of international law in scrutinising and influencing state conduct.
LEGAL AND POLITICAL CONTEXT
Brunei’s governance model is grounded in the Malay Islamic Monarchy (MIB), a national ideology that fuses monarchy, Islam, and Malay culture. The Sultan holds executive authority as Prime Minister, Defence Minister, and Finance Minister, with legislative power vested in him through royal decrees.
The Syariah Penal Code Order 2013 (revised in 2019) marked a turning point in the legal system. It introduced harsh Islamic criminal laws that apply to Muslims and, in certain instances, to non-Muslims. Offences include theft (punishable by amputation), adultery, apostasy, and same-sex relations, some of which carry the death penalty, including execution by stoning. Despite a 2019 moratorium on capital punishment, the legislation remains enforceable.
The state has also codified restrictions on freedom of religion and expression. For example, the Printing Presses Act and the Sedition Act severely curtail press freedom, while non-Islamic religious practices are suppressed under the SPC.
Human Rights Watch, World Report 2024: Brunei (2024), accessed 10 May 2025,
https://www.hrw.org/world-report/2025
Constitution of Brunei Darussalam (1959, revised 2008), articles 4(1), 4(2), 83(3).
United Nations Office of the High Commissioner for Human Rights (OHCHR), UN experts urge Brunei to repeal or amend its Penal Code to comply with human rights (1 April 2019), accessed 13 May 2025, https://www.ohchr.org/en/press-releases/2019/04/un-experts-urge-brunei-repeal-or-amend-its-penal-code-comply-human-rights.
Printing Presses Act, Chapter 151, Revised Edition 2000 (Brunei) Sedition Act, Chapter 24, Revised Edition 2002 (Brunei), ss 3 and 4.
HUMAN RIGHTS IMPLICATIONS AND ANALYSIS
From a human rights perspective, several core issues emerge:
3.1. Criminalisation of LGBTQIA+ Identities
The SPC provisions criminalising consensual same-sex relations starkly contravene Brunei’s obligations under customary international human rights law, particularly the Universal Declaration of Human Rights (UDHR), which upholds the right to privacy, non-discrimination, and dignity (Articles 2 and 12). In Toonen v Australia, the UN Human Rights Committee held that laws criminalising homosexuality violate the right to privacy under Article 17 of the International Covenant on Civil and Political Rights (ICCPR), to which Brunei is not a party, but which reflects widely accepted norms.
3.2. Freedom of Religion and Belief
Brunei’s legal restrictions on religious practice undermine Article 18 of the UDHR and the Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion or Belief (1981). The prohibition of non-Islamic religious symbols, texts, and public celebrations (e.g., Christmas) disproportionately affects Christian and Buddhist minorities and is incompatible with international standards on religious freedom.
3.3. Freedom of Expression and the Press
Journalists in Brunei operate under a climate of self-censorship and fear, with vaguely worded laws allowing for arbitrary detention. The UN Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression has noted that such laws are inconsistent with Article 19 of the UDHR and ICCPR, which safeguard the right to seek, receive, and impart information.
3.4. Positive Developments and International Engagement
Despite systemic repression, Brunei has taken incremental steps to align with international labour norms. The 2023 ratification of the ILO Forced Labour Convention (No. 29) indicates at least a limited openness to international scrutiny and cooperation. The agreement could serve as a platform for further engagement by UN mechanisms and regional bodies, such as the ASEAN Intergovernmental Commission on Human Rights (AICHR), albeit with limited enforcement capacity.
Universal Declaration of Human Rights (adopted 10 December 1948, UNGA Res 217 A(III)), accessed 10 May 2025, https://www.ohchr.org/en/universal-declaration-of-human-rights
Human Rights Committee, Toonen v Australia (1994) UN Doc CCPR/C/50/D/488/1992, accessed 13 May 2025. https://juris.ohchr.org/casedetails/702/en-US
Universal Declaration of Human Rights (adopted 10 December 1948, UNGA Res 217 A(III)), accessed 10 May 2025, https://www.ohchr.org/en/universal-declaration-of-human-rights
International Covenant on Civil and Political Rights (adopted 16 December 1966, entered into force 23 March 1976) 999 UNTS 171, accessed 29 April 2025.
ASEAN Intergovernmental Commission on Human Rights (AICHR), AICHR: Human Rights in ASEAN, accessed 13 May 2025, https://aichr.org.
CALLS FOR REFORM AND INTERNATIONAL RESPONSE
Brunei’s human rights record has prompted growing concern and condemnation from international actors. Following the 2019 implementation of the Syariah Penal Code, which introduced severe corporal punishments, including stoning for adultery and amputation for theft, the United Nations High Commissioner for Human Rights urged the government to halt the legislation, calling it “cruel and inhuman”. Global civil society groups, including Amnesty International and Human Rights Watch, have echoed these appeals, stressing that such punishments violate international norms, including the Convention against Torture, to which Brunei is a party.
In response to mounting pressure, the Sultan announced a moratorium on the death penalty, yet no legislative reforms have followed. Brunei’s Universal Periodic Review (UPR) at the UN Human Rights Council in 2019 also produced over 200 recommendations, many of which related to freedom of expression, women’s rights, and the protection of LGBTQIA+ individuals. However, the government has repeatedly rejected recommendations seen as incompatible with its interpretation of Islamic law.
Despite calls for ratification of key international human rights treaties such as the ICCPR and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), Brunei remains one of the few countries globally not to accede. The international response remains constrained by diplomatic caution, but continued monitoring, naming-and-shaming tactics, and support for domestic civil society remain essential to encourage reform.
CONCLUSION
Brunei’s human rights framework is deeply embedded in an absolutist political structure that prioritises religious and monarchical authority over pluralism and legal accountability. The introduction and enforcement of the Syariah Penal Code signal a worrying regression in civil liberties, especially for LGBTQIA+ individuals, non-Muslims, and dissenting voices. However, limited but significant international engagement, such as the recent ILO ratification, offers a potential entry point for sustained dialogue and reform. Continued international pressure and civil society advocacy remain crucial to ensuring that human rights norms are not entirely subjugated under religious or autocratic pretexts.
UN Office of the High Commissioner for Human Rights, Statement on Brunei’s Syariah Penal Code, accessed 13 May 2025, https://www.icj.org/se-asia-security-law/syariah-penal-code-order-2013/
Human Rights Council, Report of the Working Group on the Universal Periodic Review: Brunei Darussalam (13 December 2019) UN Doc A/HRC/43/6.
UN Human Rights Council, Universal Periodic Review of Brunei Darussalam, Report of the Working Group, A/HRC/44/15 (2020), accessed 13 May 2025, https://documents.un.org/doc/undoc/gen/g21/168/88/pdf/g2116888.pdf .
BIBLIOGRAPHY
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Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, UNGA Res 36/55 (25 November 1981), accessed 13 May, 2025. https://www.ohchr.org/en/instruments-mechanisms/instruments/declaration-elimination-all-forms-intolerance-and-discrimination
Human Rights Committee, Toonen v Australia (1994) UN Doc CCPR/C/50/D/488/1992, accessed 13 May, 2025. https://juris.ohchr.org/casedetails/702/en-US
International Labour Organization, Forced Labour Convention (No. 29) (28 June 1930, ratified by Brunei on 6 June 2023), accessed 29 April, 2025.
International Covenant on Civil and Political Rights (adopted 16 December 1966, entered into force 23 March 1976) 999 UNTS 171, accessed 29 April, 2025.
Office of the United Nations High Commissioner for Human Rights, ‘Report of the Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression’ (A/76/258, 2021), accessed 10 May, 2025. https://www.ohchr.org/en/documents/thematic-reports/a76258-gender-justice-and-freedom-expression-report-special-rapporteur
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