Brunei Darussalam

The Sultanate of Brunei is a Malay Islamic Monarchy located on the north coast of the island of Borneo – an island shared with two other countries, namely Indonesia and Malaysia – in Southeast Asia. The country has a population of 484,991 the majority of whom are Muslim (82.1%). Other religious affiliations include Christian (6.7%), Buddhist (6.3%) and other (4.9%), according to the 2021 Census.[ref]https://deps.mofe.gov.bn/SitePages/Census%20and%20Survey.aspx[/ref] The non-religious are included among those listed in the ‘other’ category. Individuals who selected ‘other’ were not required to specify any further.

An absolute monarchy, there have been no direct legislative elections held in Brunei since 1962. Aside from being a member of the Association of Southeast Asian Nations (ASEAN), Brunei is also a member of the Organization of Islamic Cooperation (OIC), the Commonwealth countries, and the United Nations (UN).

Constitution and government Education and children’s rights Family, community, society, religious courts and tribunals Freedom of expression advocacy of humanist values
State legislation is largely or entirely derived from religious law or by religious authorities
Quasi-divine veneration of a ruling elite is enforced, or a single-party regime holds uncontested power, subject to severe punishment
The non-religious are barred from holding government office
Expression of non-religious views is severely persecuted, or is rendered almost impossible by severe social stigma, or is highly likely to be met with hatred or violence
It is illegal to register an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization, or such groups are persecuted by authorities
Expression of core Humanist principles on democracy, freedom and human rights is brutally repressed
‘Apostasy’ or conversion from a specific religion is outlawed and punishable by death
‘Blasphemy’ or criticism of religion is outlawed and punishable by death
It is illegal to advocate secularism or church-state separation, or such advocacy is suppressed
Religious or ideological instruction is mandatory in all or most state-funded schools with no secular or humanist alternative
The dominant influence of religion in public life undermines the right to equality and/or non-discrimination
Systemic religious privilege results in significant social discrimination
Government authorities push a socially conservative, religiously or ideologically inspired agenda, without regard to the rights of those with progressive views
Prohibitive interreligious social control (including interreligious marriage bans)
Religious control over family law or legislation on moral matters
There is an established church or state religion
State-funding of religious institutions or salaries, or discriminatory tax exemptions
There is state funding of at least some religious schools
Discriminatory prominence is given to religious bodies, traditions or leaders
Constitution and government
State legislation is largely or entirely derived from religious law or by religious authorities
Quasi-divine veneration of a ruling elite is enforced, or a single-party regime holds uncontested power, subject to severe punishment
The non-religious are barred from holding government office
There is an established church or state religion
State-funding of religious institutions or salaries, or discriminatory tax exemptions
Education and children’s rights
Religious or ideological instruction is mandatory in all or most state-funded schools with no secular or humanist alternative
There is state funding of at least some religious schools
Family, community, society, religious courts and tribunals
Expression of non-religious views is severely persecuted, or is rendered almost impossible by severe social stigma, or is highly likely to be met with hatred or violence
It is illegal to register an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization, or such groups are persecuted by authorities
The dominant influence of religion in public life undermines the right to equality and/or non-discrimination
Systemic religious privilege results in significant social discrimination
Government authorities push a socially conservative, religiously or ideologically inspired agenda, without regard to the rights of those with progressive views
Prohibitive interreligious social control (including interreligious marriage bans)
Religious control over family law or legislation on moral matters
Discriminatory prominence is given to religious bodies, traditions or leaders
Freedom of expression advocacy of humanist values
Expression of core Humanist principles on democracy, freedom and human rights is brutally repressed
‘Apostasy’ or conversion from a specific religion is outlawed and punishable by death
‘Blasphemy’ or criticism of religion is outlawed and punishable by death
It is illegal to advocate secularism or church-state separation, or such advocacy is suppressed
Use of Conscientious Objection clauses resulting in the denial of lawful services to women and LGBTI+ people
Religious or ideological instruction is mandatory in all or most state-funded schools with no secular or humanist alternative
Insufficient information or detail not included in this report
Insufficient information or detail not included in this report

Countries: Kazakhstan

The state is secular, with separation of religious and political authorities, not discriminating against any religion or belief
Insufficient information or detail not included in this report
No fundamental restrictions on freedom of expression or advocacy of humanist values
Insufficient information or detail not included in this report

Countries: no countries relate to this boundary condition

No condition holds in this strand
No condition holds in this strand

Countries: Andorra

No condition holds in this strand
Religious courts or tribunals rule directly on some family or ‘moral’ matters; it is legally an opt-in system, but the possibility of social coercion is very clear
No condition holds in this strand

Countries: no countries relate to this boundary condition

Localised or infrequent but recurring and widespread social marginalisation or prejudice against the non-religious

This condition is unusual in that it is applied in cases where there is some social discrimination, but it is not pervasive or nationwide. This condition is applied when there is sufficient background evidence to warrant the assertion that discrimination is not anomalous but widespread, and this condition may be applied for example even where if there is no legislative discrimination or where the non-religious may have legal recourse against such discrimination. However, societal discrimination (i.e. discrimination by peers, as opposed to state or legal discrimination) is not easily measured, and for this reason the Report does not currently have similar more severe boundary conditions to capture higher levels of social discrimination per se. In principle these may be introduced in future. However, we consider that countries with actual higher levels of social discrimination against the non-religious will generally already meet other higher level (more severe) boundary conditions under this thematic strand.

Countries: Botswana, Greece, Serbia, United States of America

The dominant influence of religion in public life undermines the right to equality and/or non-discrimination

Applied when the influence of religion on public life undermines others’ rights, such as SRHR, women’s rights, LGBTI+ rights.

May be applied when the influence is overt (i.e. when religious laws are applied to undermine others’ rights) or covert (i.e. where religious pressure groups exert influence to affect policy)

Countries: Andorra, Antigua and Barbuda, Armenia, Bahamas, Belize, Bolivia, Brunei Darussalam, Congo, Democratic Republic of, Croatia, Cuba, Dominica, Dominican Republic, El Salvador, Eswatini, Fiji, Gambia, Ghana, Guatemala, Guinea, Hungary, Iran, Italy, Jamaica, Jordan, Liberia, Lithuania, Mexico, Moldova, Montenegro, Mozambique, Nicaragua, North Macedonia, Oman, Paraguay, Qatar, Romania, Russia, Saint Lucia, Saint Vincent and the Grenadines, Saudi Arabia, Senegal, Slovakia, Solomon Islands, Sri Lanka, Suriname, Timor-Leste (East Timor), Trinidad and Tobago, Ukraine, Zambia

The non-religious are persecuted socially or there are prohibitive social taboos against atheism, humanism or secularism
Complete tyranny precludes all freedoms of expression and thought, religion or belief

Applied when overriding acts of oppression by the State are extreme, to the extent that the question of freedom of thought and expression is almost redundant, because all human rights and freedoms are quashed by authorities.

Countries: North Korea

Expression of core Humanist principles on democracy, freedom and human rights is brutally repressed
Expression of non-religious views is severely persecuted, or is rendered almost impossible by severe social stigma, or is highly likely to be met with hatred or violence
There is significant social marginalisation of the non-religious or stigma associated with expressing atheism, humanism or secularism
Religious or ideological indoctrination is utterly pervasive in schools
There is a nominal state church with few privileges or progress is being made toward disestablishment

Countries: Bulgaria, Norway, Peru, Rwanda

The non-religious are barred from some government offices (including posts reserved for particular religions or sects)
‘Apostasy’ is outlawed and punishable with a prison sentence

Countries: Bahrain, Comoros, Jordan, Kuwait

‘Apostasy’ or conversion from a specific religion is outlawed and punishable by death
Some religious courts rule in civil or family matters on a coercive or discriminatory basis
Religious authorities have supreme authority over the state

Countries: Iran

State legislation is partly derived from religious law or by religious authorities
Preferential treatment is given to a religion or religion in general

This condition is applied where there are miscellaneous indicators that organs of the state offer various forms of support for a religion, or to religion in general over non-religious worldviews, suggesting a preference for those beliefs, or that the organs of that religion are privileged.

Countries: Albania, Algeria, Andorra, Antigua and Barbuda, Argentina, Australia, Austria, Bahamas, Belize, Bhutan, Bosnia and Herzegovina, Brazil, Burundi, Canada, Cape Verde, Chile, Colombia, Croatia, Cyprus, Czech Republic, Denmark, Dominican Republic, Equatorial Guinea, Eritrea, Ethiopia, Finland, Germany, Ghana, Guatemala, Guyana, Haiti, Iceland, India, Indonesia, Ireland, Israel, Italy, Jamaica, Japan, Kuwait, Kyrgyzstan, Liberia, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Mali, Malta, Mauritania, Mauritius, Montenegro, Mozambique, Nepal, New Zealand, Nigeria, North Macedonia, Oman, Panama, Paraguay, Peru, Philippines, Poland, Qatar, Romania, Rwanda, San Marino, Serbia, Seychelles, Sierra Leone, Singapore, Slovakia, Solomon Islands, Sri Lanka, Tajikistan, Tanzania, Timor-Leste (East Timor), Tunisia, Turkey, Tuvalu, United Kingdom, Vanuatu, Venezuela, Zimbabwe

There is a pattern of impunity or collusion in violence by non-state actors against the nonreligious
State-funded schools provide religious education which may be nominally comprehensive but is substantively biased or borderline confessional
Religious or ideological instruction in a significant number of schools is of a coercive fundamentalist or extremist variety

This condition highlights countries where schools subject children to fundamentalist religious instruction with no real opportunity to question fundamentalist tenets, or where lessons routinely encourage hatred (for example religious or ethnic hatred). The wording “significant number of schools” is not given a rigid quantification (sometimes the worst-offending schools are unregistered, illegal, or otherwise uncounted); however the condition is not applied in cases where only a small number of schools meet the description and may be anomalous, as opposed to being indicative of a widespread problem.

Countries: Bangladesh, Pakistan, Saudi Arabia

State legislation is largely or entirely derived from religious law or by religious authorities
Anomalous discrimination by local or provincial authorities, or overseas territories
Religious or ideological instruction is mandatory in at least some public schools (without secular or humanist alternatives)
‘Blasphemy’ or criticism of religion is outlawed and punishable by death
Government figures or state agencies openly marginalize, harass, or incite hatred or violence against the non-religious
Government authorities push a socially conservative, religiously or ideologically inspired agenda, without regard to the rights of those with progressive views
It is illegal to advocate secularism or church-state separation, or such advocacy is suppressed
Prohibitive interreligious social control (including interreligious marriage bans)
Quasi-divine veneration of a ruling elite is enforced, or a single-party regime holds uncontested power, subject to severe punishment
Legal or constitutional provisions exclude non-religious views from freedom of belief
It is illegal to register an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization, or such groups are persecuted by authorities
There is a religious tax or tithing which is compulsory, or which is state-administered and discriminates by precluding non-religious groups
The non-religious are barred from holding government office
Some concerns about children's right to specifically religious freedom

This condition may apply if specifically religious education, religious materials, or specific religious denominations are so tightly controlled that children are in fact over-protected from exposure to religion and are likely unable to explore or construct their own worldview in accordance with their evolving capacities. This condition helps us to classify states (perhaps with secular constitutions) which have criminalized specifically religious beliefs or practices. This condition is not applied if the restricted beliefs or practices are found to be outlawed due to their being of an extremist variety. While this condition does not directly reflect discrimination against non-religious persons or non-religious ideas, it does represent an overall threat to freedom of thought, conscience, religion or belief; such restrictions could spill over to affect non-religious beliefs later; and they pose a risk of backlash against over-zealous secular authorities or even against non-religious individuals by association.

Countries: China, Congo, Democratic Republic of, Cuba, Equatorial Guinea, Ethiopia, Guinea, Guyana, Italy, Kazakhstan, Laos, Madagascar, Mexico, North Macedonia, Romania, Serbia, Tajikistan, Togo, Turkmenistan, Uzbekistan, Zimbabwe

It is illegal or unrecognised to identify as an atheist or as non-religious
It is made difficult to register or operate an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization
Legend
 
Grave Violations
Severe Discrimination
Systemic Discrimination
More information about rating table

Constitution and government

The Constitution of Brunei[ref]Prime Minister’s Office, Brunei Darussalam, “Dokumen-Dokumen Perlembagaan (Constitutional Documents) Negara Brunei Darussalam,” 96, 110. https://www.agc.gov.bn/AGC%20Images/LOB/cons_doc/dokumen-dokumen_perlembagaan_2008.pdf [/ref] emphasizes that the ideological political principle underlying Brunei’s governance is “Melayu Islam Berjara” (translating to “Malay Islamic Monarchy”),[ref]Attorney General’s Chambers Prime Minister’s Office, Brunei Darussalam, “Perlembagaan Negara Brunei Darussalam (Perintah dibuat di bawah Perkara 83(3), Perintah Kanun Peraturan Jenayah Mahkamah Syariah,” 2018, 96, 110, https://www.agc.gov.bn/AGC%20Images/LAWS/Gazette_PDF/2018/B009.pdf [/ref] defined as “a system that encompasses strong Malay cultural influences, stressing the importance of Islam in daily life and governance, and respect for the monarchy as represented by His Majesty the Sultan.”[ref]https://www.state.gov/reports/2022-report-on-international-religious-freedom/brunei[/ref] This political ideology implies significant constraints on freedom of religion or belief, and the freedoms of expression, assembly and association.

Islamic legal standards of the Sunni school of Islam are both State religion and the basis of legislation. Whilst Brunei’s Constitution states that “all […] religions may be practised in peace and harmony”, it also establishes “the Muslim religion according to the Shafi’i sect of that religion” as the official religion of Brunei.

As an absolute monarchy, Sultan Hassanal Bolkiah, who came to power on 5 October 1967, is also the Chief of State (sultan and yang di-pertuan), Head of Government (prime minister), Minister of Finance, Defense, and Foreign Affairs and Trade.[ref]https://www.cia.gov/the-world-factbook/countries/brunei[/ref] There is no parliament to balance the power of the Monarch of Brunei. Article 84B of the Brunei Constitution insists on the legal “immunity” of the Monarch.[ref]Attorney General’s Chambers Prime Minister’s Office, Brunei Darussalam, “Dokumen-Dokumen Perlembagaan (Constitutional Documents) Negara Brunei Darussalam,” 8 November 2008, 96, 151, https://www.agc.gov.bn/AGC%20Images/LOB/cons_doc/dokumen-dokumen_perlembagaan_2008.pdf[/ref]

Sultan Hassanal Bolkiah is also the Head of the official religion of the country (Islam) as stated in Brunei Laws. For instance, Article 5 of Part I Preliminary of the Syariah Penal Code Order, 2013 states that:

“Nothing contained herein shall derogate from or affect the prerogative rights and powers of His Majesty the Sultan and Yang Di-Pertuan as the Head of the official religion of Brunei Darussalam.”[ref]Attorney General’s Chambers Prime Minister’s Office, Brunei Darussalam, “Constitution of Brunei Darussalam (Order Made under Article 83 (3)), Syariah Penal Code Order” (Brunei Darussalam Government Gazette, 2013), 1680, https://www.agc.gov.bn/AGC%20Images/LAWS/Gazette_PDF/2013/EN/s069.pdf[/ref]

According to Article 230(1) of the Syariah Penal Code Order, 2013 amended version (BLUV as of 7th August 2018):

“Any person who in any manner contempts, neglects, contravenes, opposes or insults any titah of His Majesty the Sultan and Yang Di-Pertuan with respect to religion in his capacity as the Head of the official religion of Brunei Darussalam is guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 5 years..”[ref]Prime Minister’s Office, Brunei Darussalam, “Perlembagaan Negara Brunei Darussalam (Perintah dibuat di bawah Perkara 83(3), Perintah Kanun Peraturan Jenayah Mahkamah Syariah,” 287. https://www.agc.gov.bn/AGC%20Images/LAWS/Gazette_PDF/2018/B009.pdf ;
Prime Minister’s Office, Brunei Darussalam, “Constitution of Brunei Darussalam (Order Made under Article 83 (3)), Syariah Penal Code Order, BLUV as at 7th August 2018,” 102. https://www.agc.gov.bn/AGC%20Images/LAWS/BLUV/SYARIAH%20PENAL%20CODE%20ORDER,%202013.pdf
[/ref]

The Constitution requires that all cabinet ministers be of Malay ethnicity and Muslim except as permitted by the sultan.[ref]https://www.state.gov/reports/2022-report-on-international-religious-freedom/brunei[/ref]

Parallel legal systems

The legal system is divided between secular law and sharia, which have parallel systems of both criminal and civil law. Both systems operate separate courts that sit under a single judiciary department of which the Sultan is ultimately in charge, as head of the judiciary. The civil courts are based on common law. The sharia courts follow the Shafi’i school of Islamic jurisprudence, in which there is no concept of legal precedent and judges are not bound by the decisions of a higher court. Sharia courts have jurisdiction over both criminal law and civil/family matters involving Muslims, and hear cases brought under longstanding sharia legislation, as well as under the newer Syariah Penal Code (SPC) introduced in stages since its passage in 2013.[ref]https://www.state.gov/reports/2022-report-on-international-religious-freedom/brunei[/ref]

The SPC and secular common law operate in parallel[ref]https://cacj-ajp.org/brunei/legal-system/introduction-to-the-legal-system/overview/; https://unimelb.libguides.com/c.php?g=930183&p=6721965 [/ref] and apply to both Muslims and non-Muslims, including foreigners, with non-Muslims exempted from certain sections. Under the SPC, the Royal Brunei Police Force and Religious Enforcement Division officers, under the Ministry of Religious Affairs, cooperate on investigations of crimes covered by both secular law and sharia– such as murder, rape, and theft – and an assessment committee determines whether a secular or sharia court should try the case.[ref]https://www.state.gov/reports/2022-report-on-international-religious-freedom/brunei[/ref]

Sharia penal code

Brunei adopted the SPC in 2013, which was implemented in stages over several years. Unlike in other countries, where the sharia penal code typically only applies to Muslims, the majority of the clauses apply to everyone equally, with a few exceptions that only apply to Muslims.

The code contains a range of provisions that restrict the right to freedom of thought, conscience and religion. The provisions include harsh penalties for not performing Friday prayers or observing Ramadan and expanded restrictions on the rights of individuals to hold or speak freely about certain beliefs (See “Apostasy and blasphemy” below.)

The final phase, introduced 3 April 2019, was met with international condemnation. It includes death penalties for hudud crimes including apostasy, blasphemy, adultery and homosexuality.

“General offences” listed in the act include:[ref]agc.gov.bn/AGC%20Images/LAWS/Gazette_PDF/2013/EN/S069.pdf[/ref]

209. Propagation of religion other than religion of Islam.
210. Persuading etc. Muslims to change religion.
211. Persuading etc. person having no religion to become believer of etc. religion other than religion of Islam etc.
212. Exposing beliefs and practices of religion other than religion of Islam to Muslim child, or child whose parents have no religion, who is under 18 years. 
229. Religious teaching without written approval.
230. Contempt etc. of religious authority. 
235. Incitement to neglect religious duty.

Religious minorities

Certain religious minority groups deemed to be “deviant” are banned, these include the Ahmadiyya Muslim Community, the Baha’i Faith, and Jehovah’s Witnesses.[ref]https://www.state.gov/reports/2022-report-on-international-religious-freedom/brunei[/ref]

Education and children’s rights

The government’s promotion of the Shafi’i school of Sunni Islam to the exclusion of other beliefs continues within the education system.

The law establishes two sets of schools: those offering the national or international curriculum administered by the Ministry of Education and those offering supplemental religious education (ugama) administered by the Ministry of Religious Affairs.[ref]https://www.state.gov/reports/2022-report-on-international-religious-freedom/brunei[/ref]

Studies of the Sunni school of Islam are mandatory for a Muslim pupil according to Article 32 of the Laws of Brunei, Chapter 210, Education, S 59/03 amended by S 86/06, Revised Edition 2011.[ref]Attorney General’s Chambers Prime Minister’s Office, Brunei Darussalam, “Laws of Brunei, Chapter 210, Education, S 59/03, Amended by S 86/06,” 2011, 25, https://www.agc.gov.bn/AGC%20Images/LAWS/ACT_PDF/E/CHAPTER%20210.pdf.[/ref] Meanwhile, at the higher education level, Article 41(1) rules that students, regardless of their religious backgrounds, are required to take the subject of the philosophy of the Malay Islamic Monarchy. Article 58 insists that “Malay Islamic Monarchy” is a mandatory subject that must be taught at “every private academic educational institution at the post-secondary level.” Furthermore, Article 47 of that law also prohibits students from political organizing and union activism, especially that which is “undesirable and unsuitable to the philosophy of the Malay Islamic Monarchy.”

According to the US State Department, instruction in ugama schools under the administration of the Ministry of Religious Affairs is a seven-to-eight-year course that teaches the day-to-day practice of Sunni Islam according to the Shafi’i school. Under a 2012 government order, ugama instruction is mandatory for Muslim students aged 7-14 who hold citizenship or permanent residency; many students attend ugama schools in the afternoon after Ministry of Education schools have adjourned. Parents may be fined up to 5,000 Brunei dollars (approx. US$3,700), be imprisoned for a term not exceeding one year, or both, for failure to comply with the order. The law does not make accommodations for Muslims who have non-Shafi’i beliefs.[ref]https://www.state.gov/reports/2022-report-on-international-religious-freedom/brunei[/ref]

In accordance with the SPC, which prohibits the promotion of religions other than the Shafi’i school of Islam, public and private schools – including those run by other religious groups – are banned from providing religious instruction on any other belief system. Schools may be fined, or its officials imprisoned, if they are found to be teaching non-Islamic religious subjects.

Female Genital Mutilation

According to the US State Department, the Ministry of Religious Affairs has declared circumcision of Muslim girls (sunat) a religious right obligatory under Islam. The government has stated that it does not consider the practice to constitute Female Genital Mutilation. The State Mufti – an Islamic jurist qualified to issue opinions on points of Islamic law – has declared through fatwa that both male and female circumcision are required under Islamic law.[ref]https://www.state.gov/reports/2022-report-on-international-religious-freedom/brunei[/ref]

Family, community and society

Brunei places heavy emphasis on the promotion of the national ideology of Brunei as a “Malay Islamic Monarchy”. According to the US State Department, non-Muslims and Muslims face societal pressure to conform to Islamic guidelines regarding behavior; those who wish to convert to a different religion fear ostracism by friends, family, and their community.[ref]https://www.state.gov/reports/2022-report-on-international-religious-freedom/brunei[/ref]

Since the passage of the SPC in 2013, many elements of sharia law apply to all persons in the country, regardless of their nationality or religion. Certain sections of the SPC apply only to Muslims.[ref]https://www.state.gov/reports/2022-report-on-international-religious-freedom/brunei[/ref]

Family law

According to the US State Department,

“All parental rights are awarded to the Muslim parent if a child is born to one Muslim and one non-Muslim parent. The non-Muslim parent is not recognized in any official document, including the child’s birth certificate, unless that parent has converted to Islam. The law bans any Muslim from surrendering custody of a minor or dependent in his or her guardianship to a non-Muslim.”[ref]https://www.state.gov/reports/2022-report-on-international-religious-freedom/brunei[/ref]

Under the SPC, Muslims are not permitted to renounce or change their religion. Non-Muslims must be at least 14 years and seven months old to convert or renounce their religion. If either parent converts to Islam, their children younger than 14 years and seven months automatically become Muslim.[ref]https://www.state.gov/reports/2022-report-on-international-religious-freedom/brunei[/ref]

Inter-religious marriage

Despite the absence of a legal prohibition of Muslims marrying non-Muslims, all Islamic weddings require sharia court approval, and the non-Muslim party is required to convert prior to the marriage. The law permits civil marriage for non-Muslims.[ref]https://www.state.gov/reports/2022-report-on-international-religious-freedom/brunei[/ref]

Abortion

The Syariah Penal Code criminalizes having an abortion, or performing or “abetting” an abortion, providing punishment of up to 10 years in prison and fines under Articles 158-163.[ref]https://www.hrw.org/news/2019/05/22/bruneis-pernicious-new-penal-code[/ref]

LGBTI+ rights

Same-sex sexual activity is prohibited under the Penal Code 1951[ref]https://www.ilo.org/dyn/natlex/natlex4.detail?p_lang=en&p_isn=78238&p_country=BRN&p_count=119&p_classification=01&p_classcount=29[/ref] and the Syariah Penal Code Order 2013, which criminalize acts of ‘carnal knowledge against the order of nature’, ‘liwat’ (anal sex), and ‘musahaqah’ (sexual intercourse between women). Same-sex intimacy between men is punishable with death by stoning or whipping with 100 strokes and imprisonment for one year. Same-sex intimacy between women is punishable with a fine not exceeding $40,000, imprisonment for a term not exceeding 10 years, whipping not exceeding 40 strokes or a combination of any two of these.[ref]https://www.humandignitytrust.org/country-profile/brunei/; https://www.hrw.org/video-photos/interactive/2021/04/23/country-profiles-sexual-orientation-and-gender-identity#brunei[/ref]

There is currently a moratorium on the use of the death penalty.

In addition to potentially being captured by laws that criminalize same-sex activity, transgender people may also face prosecution under a provision criminalizing ‘posing as the opposite sex’, with a maximum penalty of one year imprisonment and a fine.[ref]https://www.humandignitytrust.org/country-profile/brunei/[/ref]

Freedom of expression, advocacy of humanist values

The state of emergency declared by the Sultan of Brunei in 1962 continues, and allows for severe restrictions on freedom of expression, freedom of the press and the right to free assembly and freedom of association.

Independent media in Brunei is extremely limited and journalism is restricted. A 2005 amendment to the Sedition Act strengthened prohibitions on criticizing the Sultan and the national “Malay Islamic Monarchy” ideology. Challenging the authority of the royal family, or the validity of the national philosophy is also punishable under the 1948 Sedition Act.[ref]https://www.agc.gov.bn/AGC%20Images/LAWS/ACT_PDF/cap024.pdf[/ref]

Media freedom

According to the BBC, “The private press is either owned or controlled by the royal family, or exercises self-censorship when covering politics and religion.”[ref]https://www.bbc.co.uk/news/world-asia-pacific-12990064[/ref]

Brunei’s Internet Code of Practice limits online any content deemed subversive or encouraging of illegitimate reform efforts. Journalists commonly reported practicing self-censorship because of social pressure, reports of government interference and pressure, and legal and professional concerns. The government censors online content and has the capability to monitor private online communications.[ref]https://monitor.civicus.org/explore/brunei-array-of-repressive-laws-imposes-restrictions-on-civic-freedoms/[/ref]

‘Apostasy’ and ‘blasphemy’

Articles 213, 214, and 215 of the revised Penal Code criminalize printing, disseminating, importing, broadcasting, and distributing of publications deemed contrary to sharia. Non-Muslims are forbidden to refer to ‘Allah’ as their God (some Bruneian Christians do use ‘Allah’ where English-speaking Christians say ‘God’).

In 2014, the State Mufti, Abdul Aziz Juned, declared ‘apostasy’ an offense punishable by death for any Muslims who choose to disassociate themselves from the faith. The State Mufti said that those who had made blasphemous statements or performed sacrilegious actions and had not repented would be liable for a death sentence.[ref]http://hrrca.org/wp-content/uploads/2015/09/02.-FOR-Brunei.pdf[/ref]

The Syariah Penal Code Order 2013 outlaws ‘apostasy’ for Muslims. Declaring oneself as non-Muslim is now considered as Irtidad. Persons who have committed “Irtidad” can, in the most drastic case, be sentenced to death by stoning. Among the acts that may be considered Irtidad are declaring oneself to be god or a prophet; showing contempt towards the prophet; deriding (through mocks, mimicking, ridicules, and insults) the Quran, the hadith (narrative record of the sayings and customs of Muhammad), and obligatory matters in relations to ijma (usually referring to consensus and agreement in relation to Islamic laws); and renouncing Islam (Articles 108, 109, 110, 111, and 112).[ref]https://www.hrw.org/news/2019/05/22/bruneis-pernicious-new-penal-code[/ref]

Articles 220 and 221 of the SPC criminalize ‘blasphemy’ by Muslims and non-Muslims. Non-Muslims found guilty of insulting or defaming the Prophet Muhammad may face the death penalty, while Muslims who bring Islam into contempt may face up to three years in prison. Under Article 222, a non-Muslim who “derides, mocks, mimics, ridicules or contempts, by word or deed, any verse of the Al-Qur’an or hadith” may face the death penalty. Those convicted of abetting a person in crimes laid out in 221-222 may be sentenced to imprisonment for a term not exceeding 30 years and whipping not exceeding 40 strokes.[ref]https://www.agc.gov.bn/AGC%20Images/LAWS/BLUV/SYARIAH%20PENAL%20CODE%20ORDER,%202013.pdf[/ref]

Article 213 of the code criminalizes the act of issuing any publications contrary to hukum syara (laws of any sect that the court considers valid).[ref]https://www.hrw.org/news/2019/05/22/bruneis-pernicious-new-penal-code[/ref]

In May 2019, the Sultan said that a moratorium on the death penalty would remain in force, but defended the legislation overall. Those convicted of death under moratorium conditions can usually expect to serve indefinite life sentences.[ref]bbc.co.uk/news/world-asia-48171165[/ref]

Such limitations on freedom of expression render it impossible to express critical thought regarding religion.

Artistic freedom

All public musical, cinematic, or theatrical performances require prior approval by a censorship board composed of officials from the Prime Minister’s Office, the Ministry of Home Affairs, and the Ministry of Religious Affairs. In October 2022, the authorities reportedly banned Talbis Iblis as it failed to pass the state’s censorship requirements. The depiction of a ritual conducted to revive a dead baby was reportedly listed as one of the reasons for its failure to pass requirements for screening, as it was incompatible with Islamic teachings.[ref]https://www.malaysiakini.com/hiburan/640132[/ref]

According to the US State Department, local cinema goers, and commentators on social media, cinema owners practice self-censorship and choose not to attempt to show movies that might be considered objectionable.[ref]https://www.state.gov/reports/2022-report-on-international-religious-freedom/brunei[/ref]

Restrictions on freedom of association and assembly

Under the 2005 Societies Order,[ref]https://www.agc.gov.bn/AGC%20Images/LAWS/Gazette_PDF/2005/EN/s001.pdf[/ref] no more than 10 people can associate for a purpose without registering. Neither domestic nor international human rights groups can operate freely due to government restrictions.

Long-standing emergency powers continue to be used to restrict the right to assembly. Under the Public Order Act,[ref]https://www.agc.gov.bn/AGC%20Images/LAWS/ACT_PDF/cap148.pdf[/ref] police may disband an unofficial assembly of five or more people deemed likely to cause a “disturbance of the peace”. According to CIVICUS, the government has “occasionally used its authority to disrupt gatherings deemed politically or otherwise sensitive.”[ref]https://monitor.civicus.org/explore/brunei-array-of-repressive-laws-imposes-restrictions-on-civic-freedoms/[/ref]