Brunei Darussalam - Universal Periodic Review

UPR 33, May 10, 2019
Recommendations by Canada

Background

According to UPR Info, Brunei Darussalam received 189 recommendations, of which 97 were accepted (an acceptance rate of 51%) in 2014. Canada’s previous recommendations during the 2014 review to Brunei were related to the implementation of the Syariah Penal Code, promoting religious and cultural diversity, and discrimination against women. None of Canada’s recommendations were accepted.

Brunei Darussalam is an absolute monarchy and has been ruled by the Bolkiah family for over 600 years. It is a predominantly Islamic country but contains other religious minorities. Brunei’s Constitution states the religion of the country shall be Islam, but allows all other religions to be practiced in peace by those professing them.

In recent years, Brunei Darussalam introduced steps to prevent human trafficking and child exploitation, and to improve law enforcement. The country also took steps towards improving access to education, health care, and social security.

Despite these important steps for improving human rights, Brunei Darussalam has continued with the implementation of the three phases of the Syariah Penal Code since 2014. The first phase dealt with crimes punishable by prison sentences and fines. The second phase dealt with crimes punishable by amputation. The third phase deals with crimes meriting the death penalty, which was gazetted on 3 April 2019. These punishments are expected to primarily target women and members of the LGBTI community. For example, a woman who has been raped will require 4 pious male witnesses to convict her rapist. Furthermore, an individual accused and found guilty of same-sex relations will be subject to stoning to death.

Brunei Darussalam has signed, but not yet ratified, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

The Code also imposes criminal liability and corporal punishment upon children deemed old enough (interpreted under Syariah at age 7) to know the difference between right and wrong. Imposing a judicial corporal punishment on a child may amount to a violation of international law under the Convention of the Rights of the Child.

Recommendations

Thank you, Mr. President.

Canada is seriously concerned that the government is moving towards increasingly inhumane treatment of both citizens and non-citizens found guilty of certain crimes through the Syariah Court.

Canada recommends that Brunei Darussalam:

1. Suspend the Syariah Penal Code and make comprehensive amendments to reflect its obligations under international law.
2. Decriminalize sexual activity between same-sex consenting adults and ensure the protection of human rights for LGBTI persons is in conformity with its human rights obligations.
3. Lift its reservations to Article 9 of the Convention on the Elimination of All Forms of Discrimination Against Women.
4. Maintain the moratorium on the use of the death penalty under both the Civil and Syariah Penal Codes.
5. Promote freedom of religion and belief, including by increasing access to religious literature, places of worship and public religious gatherings for non-Muslims and non-Shafi’I Muslims.