Get PDF Report on Human Rights Practices Country of Brunei

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It also introduces public flogging as punishment for abortion as well as amputation for theft, and criminalises exposing Muslim children to the beliefs and practices of any religion besides Islam. Bachelet pointed out that a wide range of UN rights experts had "expressed their concerns about the cruel, inhuman and degrading punishments contained in the Penal Code order".


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Her comments came after a long line of politicians and celebrities, including George Clooney and Elton John, condemned the new laws and called for a boycott of hotels owned by the sultanate. Homosexuality has long been illegal in Brunei, which practises a stricter brand of Islam than neighbours Malaysia and Indonesia, but it will now become a capital offence.

Under the penal code, sex outside marriage and engaging in anal sex are both punishable by stoning to death articles 69 and These punishments amount to torture under international law. Other provisions include forms of corporal punishment that violate the prohibition against cruel, inhuman, and degrading treatment or punishment, and may amount to torture.

Statement by Equal Rights Coalition on the situation in Brunei - withsretili.tk

Relevant provisions include:. The prohibition under international law of torture and other cruel, inhuman, or degrading treatment or punishment is absolute. Enshrined in article 5 of the Universal Declaration of Human Rights and multiple international and regional human rights treaties, the prohibition of torture reflects customary international law and is considered a jus cogen norm, meaning no treaty can supersede the prohibition.

The use of stoning or amputation as a punishment constitutes a form of torture and amounts to cruel, inhuman, or degrading treatment or punishment. In the Brunei penal code, several provisions impose criminal punishment for acts that violate the right to freedom of expression. The code imposes the death penalty for insulting or defaming the Prophet Mohammad articles 63, 76 and by both Muslims and non-Muslims.

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International law prohibits any law from discriminating against certain religions or beliefs, or their adherents over another, or religious believers over non-believers. The Brunei penal code now imposes criminal punishment upon acts of propagating any religion other than Islam to Muslims or persons with no religion article , exposing Muslim children to other religions article , persuading Muslims to change religion article , persuading a non-believer to follow a religion other than Islam or to dislike Islam article , and neglecting or opposing Islamic religious authorities article , among others.

The penal code also punishes any attempts to, or assistance offered, to the conduct mentioned above. All these provisions place non-Muslim religious believers and non-believers in general in a disfavored status, and severely limits their freedom of religion in violation of international human rights law. International human rights law obligates governments to afford the right to freedom of religion to all. This right also includes the right to be a religious believer or non-believer.

'Barbaric to the core'

The new penal code has a wide range of provisions that discriminate against women and girls. It punishes extramarital sex and imposes death by stoning as punishment articles These provisions discriminate against women and violate a wide range of their rights under international human rights law. The Brunei penal code discriminates against and poses grave threats to lesbian, gay, bisexual, and transgender LGBT people.

Any form of anal intercourse is punishable by stoning to death articles 82, 85 and This provision is applicable to both Muslims and non-Muslims.

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Ultimately a different approach needs to be taken, and an official statement condemning this new brutal, inhumane law must be made. There is a need to gain a deeper sociological understanding of the cultural values that have led the Sultan to introduce this law. An open dialogue needs to be created, to prevent this violation of human rights and potential loss of human lives. The removal of the country from the Commonwealth would ultimately leave those vulnerable on their own.

Instead, support needs to be offered for those who feel unsafe, and although the Commonwealth technically has no jurisdiction in the country, it does provide a way in for human rights groups. Those who could lose their lives need to feel supported in their country and provided resources in order to feel as safe as possible. With a small military base in the country, the British Army has a presence in the country.


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  5. Although no military action should be taken, the existence of the base within the country offers the army a real insight into Brunei. An option that could provide some protection for those who fear persecution is the establishment of a safe house within the army base. Not only would it send a political signal that Britain does not support the Sultan, but it would also send a message of support and comfort for those who now fear for their lives.

    No violent actions should be taken against the Sultan, but it should be made apparent to him that his actions are not supported by Britain. Boycotts offer a way of social protest, with limited success, but a political voice needs to emerge to enforce this message.