Brunei

Same-sex sexual activity is prohibited under the Penal Code 1951 and the Syariah Penal Code Order 2013, which criminalise acts of ‘carnal knowledge against the order of nature’, ‘liwat’, and ‘musahaqah’. These provisions carry a maximum penalty of death by stoning. Both men and women are criminalised under the law. In addition to potentially being captured by laws that criminalise same-sex activity, trans people may also face prosecution under a provision criminalising ‘posing as the opposite sex’, with a maximum penalty of one year imprisonment and a fine.

Like many former British colonies, section 377 of the 1951 Penal Code was imposed upon Brunei during the colonial period. Brunei retained the provision upon independence and continues to criminalise same-sex sexual activity through section 377 today. The 2013 Penal Code Order is based upon Islamic principles and codifies a strict interpretation of Sharia into criminal law.

There is no evidence of the same-sex sexual activity laws being enforced in recent years, however reports suggest that the law criminalising expression of gender identity is occasionally enforced. In 2019, following international backlash, Brunei announced an extension of the moratorium on the use of the death penalty to cover the new provisions under the Syariah Penal Code Order 2013. There have been some reports of discrimination against LGBT people in recent years, including harassment, threats, and difficulties accessing basic rights and services.

2019

In March, it was reported that Brunei would be implementing the remaining provisions of the Syariah Penal Code Order 2013 on 3 April 2019, which criminalises same-sex intimacy between men and between women. The former is punishable with death by stoning or whipping with 100 strokes and imprisonment for one year, however Brunei extended a moratorium on the death penalty to this offence following international backlash (see below). The latter 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.

2017

It was reported in the US Department of State Human Rights report that Chapter 22 of the Penal Code was amended to increase the minimum sentence of carnal intercourse against the order of nature to between 20 to 50 years’ imprisonment. However, there are no clear indications that this has been enacted.

2015

In their State-Sponsored Homophobia report, ILGA stated that: “Brunei Darussalam is currently phasing in a Syariah Penal Code that sees, in black letter law, the death penalty introduced for certain same-sex sexual activity in 2016, but seems unlikely to be implemented in actuality.”

Despite a temporary halt, the first phase of the implementation of a new Syariah Penal Code, one which will eventually lead to the stoning of people found guilty of same-sex sexual activity, was started. Speaking about the Penal Code, the Sultan of Brunei was quoted as saying: “The decision to implement the (Penal Code) is not for fun but is to obey Allah’s command as written in the Quran.”

2020

The US Department of State report noted that ‘transexual’ people were summoned to the office of the Ministry of Religious Affairs where it was demanded that they maintain the gender listed on their birth certificate. Reportedly no threats of punishment were made.

2019

In March, it was reported that Brunei would be implementing the remaining provisions of the Syariah Penal Code Order 2013 on 3 April 2019, including Sections 82 and 92 which criminalise same-sex intimacy between men and between women respectively. The former will be punishable with death by stoning or whipping with 100 strokes and imprisonment for one year, while the latter will be 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. These provisions are applicable to both Muslims and non-Muslims.

On 3 April, Brunei fully implemented the Syariah Penal Code Order 2013, which makes provision for death by stoning for same-sex sexual between men, in addition to criminalising same-sex intimacy between women.

On 5 May, following considerable international criticism at the full implementation of the

Syariah Penal Code Order 2013 on 3 April – including a boycott campaign, diplomatic and civil society pressure, and various universities (University of Aberdeen, King’s College London, Oxford University) revoking, or considering revoking, the Sultan’s various honorary degrees – the Sultan of Brunei extended a moratorium on the death penalty to the offences provided in the Syariah Penal Code, including death by stoning for ‘liwat’ (same-sex sexual intercourse between men). Nevertheless, these laws remain in place and the other draconian punishments for same-sex intimacy (whipping, imprisonment and fines) remain applicable.

2017

It was reported in the US Department of State Human Rights report for Brunei that Section 377 of the Penal Code was primarily applied in cases of rape or child abuse when both attacker and victim were male.

2016

Amnesty International reported that in August, a man was arrested for “cross-dressing and improper conduct.” The punishment on conviction included a fine of BN$1,000 or three months imprisonment, or both.

2015

In March, a Bruneian civil servant was fined $1,000 under the Syariah Penal Code after he pleaded guilty to cross-dressing in a public place.

2020

The US Department of State report noted that members of the LGBT community reported societal discrimination in public, employment, housing, recreation and education. The government also allegedly monitored the activities and communications of LGBT people, and their assembly and expression were restricted. Recent iterations of this report have found similar results.

2017

In a statement made for IDAHOT in May, the ASEAN SOGIE Caucus highlighted the routine arrest and beatings of LGBT people by state forces under the pretence of “defending public morals.”

2014

In November, the International Gay and Lesbian Human Rights Commission submitted a report to the Committee on the Elimination of Discrimination Against Women stating that: “The enforcement of SPC Order 2013 is likely to result in even tighter family control and increased violence to force Bruneian lesbians, tomboys, masculine-looking women, bisexual women and transgender women to conform to social norms (and now criminal law) on sexuality and gender.”

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