BRUNEI
Brunei Darussalam
Negara Brunei Darussalam
Joined United Nations:  21 September 1984
Human Rights as assured by their constitution
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Updated 06/04/10
CAPITAL
POPULATION
CHIEF OF STATE
SELECTION PROCESS
Bandar Seri Begawan
395,027 (July 2010 est.)
Sir Hassanal Bolkiah
Sultan and Prime Minister
since 5 October 1967
Ascended to the throne upon the abdication of his father Omar
Ali Saifuddin III after 17 year rule

Next scheduled election: None, the monarchy is
hereditary; heir apparent is Crown Prince Al-Muhtadee
Billah
HEAD OF GOVERNMENT
Al-Muhtadee Billah
Crown Prince and Heir Apparent
since 10 August 1988
The president is both chief of state and head of government
DECLARATION OF HUMAN RIGHTS
ETHNIC GROUPS
Malay 66.3%, Chinese 11.2%, indigenous 3.4%, other 19.1% (2004 est.)
RELIGIONS
Muslim (official) 67%, Buddhist 13%, Christian 10%, indigenous beliefs and other 10%
GOVERNMENT
STRUCTURE
Constitutional sultanate  comprised of 4 districts (daerah-daerah, singular - daerah);  Legal system is based on
English common law; for Muslims, Islamic Shari'a law supersedes civil law in a number of areas; does not accept
compulsory ICJ jurisdiction
Executive: The monarchy is hereditary
Legislative: The Sultan appointed a council with 29 members as of 2 September 2005; the council has met in
March of each year since then
elections: last held in March 1962 (date of next election NA)
note:  The Legislative Council met on 25 September 2004 for first time in 20 years with 21 members appointed by
the Sultan; it passed constitutional amendments calling for a 45-seat council with 15 elected members
Judicial: Supreme Court - chief justice and judges are sworn in by monarch for three-year terms; Judicial
Committee of Privy Council in London is final court of appeal for civil cases; Shariah courts deal with Islamic laws
(2006)
LANGUAGES
Malay (official), English, Chinese
BRIEF HISTORY
ECONOMIC OVERVIEW
Brunei has a small well-to-do economy that encompasses a mixture of foreign and domestic entrepreneurship,
government regulation, welfare measures, and village tradition. Crude oil and natural gas production account for just
over half of GDP and more than 90% of exports. Per capita GDP is among the highest in Asia, and substantial
income from overseas investment supplements income from domestic production. The government provides for all
medical services and free education through the university level and subsidizes rice and housing. Brunei's leaders are
concerned that steadily increased integration into the world economy will undermine internal social cohesion. Plans
for the future include upgrading the labor force, reducing unemployment, strengthening the banking and tourist
sectors, increasing agricultural production, and, in general, further widening the economic base beyond oil and gas.
Source:
CIA World Factbook (select Brunei)
POLITICAL CLIMATE
The politics of Brunei take place in a framework of an absolute monarchy, whereby the Sultan of Brunei is both head
of state and head of government. Executive power is exercised by the government. Brunei has a Legislative Council
with 20 appointed members, that only has consultative tasks. Under Brunei's 1959 constitution, His Majesty Paduka
Seri Baginda Sultan Haji Hassanal Bolkiah Mu'izzaddin Waddaulah, is the head of state with full executive authority,
including emergency powers since 1962. The Sultan's role is enshrined in the national philosophy known as Melayu
Islam Beraja (MIB), or Malay Islamic Monarchy. The country has been under hypothetical martial law since a
rebellion occurred in the early 1960s and was put down by British troops from Singapore.

Under the 1959 constitution there was an elected Legislative Council, or Majlis Masyuarat Negeri, but only one
election has ever been held, in 1962. Soon after that election, the assembly was dissolved following the declaration
of a state of emergency, which saw the banning of the Brunei People's Party. In 1970 the Council was changed to an
appointed body by decree of the Sultan. In 2004 the Sultan announced that for the next parliament, fifteen of the 20
seats would be elected. However, no date for the election has been set.

All magistrates and judges both in the Common Law Courts and the Shariah Courts are appointed by the
Government. All local magistrates and judges were appointed from the civil service with none thus far being
appointed from the private practice.
Sources:  Wikipedia: Politics of Brunei
INTERNATIONAL
DISPUTES
Brunei and Malaysia agreed in September 2008 to resolve their offshore and deepwater seabed dispute, resume
hydrocarbon exploration, and renounce any territorial claims on land; Brunei established an exclusive economic
fishing zone encompassing Louisa Reef in the southern Spratly Islands in 1984, but makes no public territorial claim
to the offshore reefs; the 2002 "Declaration on the Conduct of Parties in the South China Sea" has eased tensions in
the Spratly Islands but falls short of a legally binding "code of conduct" desired by several of the disputants
U.S. State Department
United Nations Human
Rights Council
Amnesty International
Human Rights Watch
Freedom House
TRAFFICKING IN
PERSONS
None reported.
ILLICIT DRUGS
Drug trafficking and illegally importing controlled substances are serious offenses in Brunei and carry a mandatory
death penalty
Bruneiku
U. S. STATE
DEPARTMENT
HUMAN RIGHTS STATEMENTS, ANALYSIS AND CRITIQUES
2009 Human Rights Report: Brunei Darussalam
Bureau of Democracy, Human Rights, and Labor
2009 Country Reports on Human Rights Practices
March 11, 2010

Brunei Darussalam is a sultanate ruled by the same family for more than 600 years, and it has a population of approximately
391,000. Sultan Haji Hassanal Bolkiah governed under emergency powers that place few limits on his power. The Legislative
Council, made up of appointed, indirectly elected, and ex‑officio members, with a limited role in recommending and approving
legislation, met during the year. The sultan maintained control over the security forces.

The following human rights problems were reported:
  • inability of citizens to change their government;
  • arbitrary detention;
  • limits on freedom of speech, press, assembly, and association;
  • restrictions on religious freedom;
  • discrimination against women;
  • restricted labor rights;
  • exploitation of foreign workers.
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UNITED NATIONS
HUMAN RIGHTS
COUNCIL
27 October 2003
COMMITTEE ON THE RIGHTS OF THE CHILD
Thirty-fourth session
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 44 OF THE CONVENTION
Concluding observations: Brunei Darussalam

A. Introduction
2. The Committee welcomes the submission of the State party’s initial report, which followed the established guidelines, and the
written replies to its list of issues (CRC/C/Q/BRN/1) which provided the Committee with the necessary information. The
Committee acknowledges that the presence of a highly qualified delegation directly involved with the implementation of the
Convention allowed for a better understanding of the rights of the child in the State party.

B. Positive aspects
3. The Committee welcomes, inter alia:
(a) The enactment of the Children’s Order 2000;
(b) The establishment of the National Children’s Council in 2001;
(c) The excellent health-care system reflected in very good indicators;
(d) The very high school enrolment rates.

C. Principal subjects of concern and recommendations
1. General measures of implementation
Reservations
4. The Committee is deeply concerned that the broad and imprecise nature of the State party’s general reservation potentially
negates many of the provisions and principles of the Convention as to its compatibility with the object and purpose of the
Convention, as well as the overall implementation of the Convention.
5. The Committee strongly recommends that the State party expeditiously undertake the re-examination of its reservations with a
view to reconsidering and ultimately withdrawing them, in accordance with the Vienna Declaration and Plan of Action of the
World Conference on Human Rights (1993). In this regard, the Committee considers that the State party should benefit from the
recent withdrawal of a similar reservation by another State party. In addition, the Committee recommends that the State party study
its reservations to articles 14, 20 and 21 of the Convention with a view to withdrawing them.
Legislation
6. The Committee notes the adoption of various legislative measures with respect to children’s rights (e.g. the 2000 Children’s
Order, the Emergency Islamic Family Order, the Islamic Adoption of Children Order and the 2001 Adoption of Children Order), but
remains concerned that they do not sufficiently reflect a comprehensive rights-based approach to the implementation of the
Convention.
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FREEDOM HOUSE
FREEDOM IN THE WORLD REPORT- 2010
Political Rights Score: 6
Civil Liberties Score: 5
Status: Not Free

Overview
Marking 25 years of independence, the sultanate experienced little political change in 2009, with the Legislative Council continuing
to demonstrate an increased but still minor oversight role. However, in two positive steps for women during the year, married
female civil servants secured new rights, and Brunei’s first female attorney general was appointed.

The revival of the Legislative Council, the plans for elected members, and parallel efforts to promote the private sector while
curbing corruption and radical Islam are all considered preparations for the eventual depletion of the country’s oil and gas reserves,
which currently account for 90 percent of state revenues and are expected to run out in two to three decades. Energy wealth has
long allowed the government to stave off demands for political reform by employing most of the population, providing citizens with
extensive benefits, and sparing them an income tax. However, a French energy company discovered some new oil and gas supplies
in late 2008, and the country’s 25th anniversary of independence in 2009 was marked by the absence of further political reform.

Brunei is not an electoral democracy. The sultan wields broad powers under a long-standing state of emergency, and no direct
legislative elections have been held since 1962. Citizens convey concerns to their leaders through government-vetted councils of
elected village chiefs. The government promotes a combination of Islamic values, local Malay culture, and allegiance to the
monarchy through a national ideology called Malay Muslim Monarchy, and portrays abandonment of these values as treason and
haram (sin).

The reform efforts of Sultan Hassanal Bolkiah Mu’izzaddin Waddaulah have been largely superficial and are designed to attract
foreign investment. The unicameral Legislative Council has no political standing independent of the sultan. However, the council’s
mounting oversight activity and queries aimed at the government reflect a growing demand for accountability and responsible
spending.

The government claims to have a zero-tolerance policy on corruption, and its Anti-Corruption Bureau has made efforts to cooperate
with regional partners and the Ministry of Education in recent years. In June 2008, an arrest warrant was issued for the sultan’s
brother and former finance minister, Prince Jefri Bolkiah, who had skipped a court appearance concerning his failure to
compensate the sultanate for billions of dollars in misappropriated oil revenues. The compensation had been ordered in 2006 by a
Brunei court, and the prince has reportedly exhausted his opportunities to appeal. Having resided abroad for many years, the prince
was pictured alongside the sultan in Brunei in September 2009 suggesting the possibility of a more united front and near-term
resolution. Brunei was ranked 39 out of 180 countries surveyed in Transparency International’s 2009 Corruption Perceptions Index.
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AMNESTY
INTERNATIONAL
Document - Brunei Darussalam: Submission to the UN Universal Periodic Review: Sixth session of the UPR Working
Group of the Human Rights Council, November - December 2009
13 April 2009 Public

Executive summary
In this submission, Amnesty International provides information under sections B, C and D as stipulated in the General Guidelines
for the Preparation of Information under the Universal Periodic Review:1
  *Under section B, Amnesty International raises concerns, inter alia, about administrative detention laws and other restrictive
legislation that denies individuals freedom from arbitrary detention; restrictions on press freedom; the status of ratification and
implementation of international human rights treaties; and legislation discriminating against lesbians, gay, bisexual and transgender
people.
  *In section C, Amnesty International describes concerns over violations of human rights by the state through the prosecution of
individuals under the Sedition Act.
  *In section D, Amnesty International makes a number of recommendations for action by the government in the areas of
concerns listed.

B. Normative and institutional framework of the State
Infringements on human rights in national legislation
Restrictive legislation may be used by the State to detain individuals arbitrarily, and to deny them the right to a fair trial and other
human rights. Although during the reporting period, there were no known instances of such legislation being invoked, the perceived
threat of detention has the effect of limiting such freedoms in the country. The Internal Security Act allows an individual to be held
without charge or trial for a period of up to two years; this is renewable indefinitely. The law effectively allows the government to
detain individuals indefinitely on the basis of the Home Minister’s directive alone.

Imprisonment and cruel punishment for immigration offences
Migrant workers who overstay beyond the expiry of their visa are regularly imprisoned and caned or whipped under Sections 6 or
15 of the Immigration Act of 1956. Caning and whipping constitute cruel, inhuman or degrading punishment and may amount to
torture. Amendments to the Immigration Act in 2005 made caning mandatory for certain immigration offences such as illegal entry,
overstaying after the expiry of travel documents or being undocumented.

During the period of review, there were numerous arrests of undocumented migrant workers. Those overstaying their visas were
jailed and/or whipped. Numerous press reports in 2009 indicated that the Immigration Department had said that approximately 396
migrants had been whipped since 2004.
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HUMAN RIGHTS WATCH
Remarks to the Closing Session of the South East Asia Regional Conference on the Convention on Cluster Munitions
Delivered by Steve Goose, director of the Human Rights Watch Arms Division and co-chair of the Cluster Munition
Coalition
October 22, 2008

Xiengkhuang, Laos

Let me begin by offering a final round of thanks to the government of the Lao PDR, UXO Lao, the National Regulatory Authority,
and Dr. Maligna, as well as the government of Australia, Norway, and UNDP for hosting and supporting this important conference.
We especially thank you for bringing us to Xiengkhuang, perhaps the most cluster-bombed place on earth, to bring home the
realities of the devastating long-term impact of this horrific weapon.

We know that it was not an easy decision for the Lao government to make to host this conference, and we want to express our
deep appreciation for the leadership and courage you have shown on this issue. We are convinced that this conference has made a
real difference in solidifying support for the Convention on Cluster Munitions in this region and will provide a significant boost to
the global efforts to ban and to eradicate the weapon.

We congratulate the governments of Laos and Cambodia for their public statements this week that they will be in Oslo to sign the
convention on December 3rd and also the government of Australia for the most welcome announcement we just heard that it too
will sign on that date. Thank you all for your leadership and commitment.

We are pleased by the interest and concern shown by Brunei, Indonesia, Malaysia, and the Philippines, all of whom negotiated and
adopted the convention in Dublin in May. We anticipate that they too will sign in December and hope to hear public announcements
to that effect soon.
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OFFICIAL
GOVERNMENT HUMAN
RIGHTS STATEMENT
Statement by His Majesty Sultan Haji Hassanal Bolkiah of Brunei Darussalam
Bali Democracy Forum
10 December 2008

Mr. President,

Your letter inviting us opened by describing “a world beset by an array of crises”. I obviously have no problem with this basic
description. I do not think any of us have or there would not be any need for this forum.

I would, however, like to suggest that the words require a context. I say this because there has never been a time when the world
was not beset by an “array of crises”. In Brunei, our system of government has lived through seven hundred years of these, almost
non-stop!

In fact, as we all know, crisis is why government exists. That is why I believe we need to determine the context in which we are
currently working as governments.

I do not see it as pessimistic. In some ways, a case could be made for there being far fewer crises now than Mankind
has ever experienced. Any brief survey of historical statistics in health, education, life expectancy, and material
prosperity would provide plenty of reasons to say that Mankind has done remarkably well so far.

In other words, I mean that the current crises may be new in character but, in many ways, they are the result of the
success the world has had in solving earlier crises. The most dramatic result of this has been the quadrupling of the
world’s population over the past one hundred years.

That fact and the current food and energy problems, the man-made aspects of climate change and the present financial crisis would
seem to fit into that pattern of human development. They are its logical extension.

So, as such, they are only crises in the extent to which we are unable to deal with them. This, I believe, is the positive context in
which they have to be placed. There are, rightly, many cries of alarm. Their warnings are necessary and have to be heeded and
evaluated.
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BRUNEIKU
The Ombudsman
Posted on 13 Jun 2009 at 4:14am
Written by Brunei Friend

Ombudsman. For those who are unfamiliar with the word: an official appointed to investigate individual’s complaints against
maladministration, especially that of public authorities.

We need an ombudsman! Right away, please! Now since we are Bruneians, my suggestion would be to change the duties of the
ombudsman from “investigate individual’s complaints against maladministration, especially that of public authorities” to “investigate
individual’s suggestions towards the betterment of public administration” We would need to install rules too, for instance:

1. No personal complaints allowed.
2. No private complaints allowed.
3. Suggestions that matter to the betterment of public administration or the betterment of our nation ONLY.

Another thing we should do is to keep the identity of ombudsman, secrete for the first year (so that he could experience first hand
what are the public’s opinions and concerns regarding our Nation).

Now the ombudsman would only report to HM and the Crown Prince, on a frequency to be established by HM. Reports would be
done personally and privately. The ombudsman would be contacted by the public via e-mail or letter. The ombudsman cannot be
chosen from within the administration, meaning the ombudsman must not have ties or links whatsoever with anyone in
Government. The ombudsman’s job description would basically be to collect information directly from the public, compile it and
report to HM and the Crown Prince directly.

One might ask: What good would do such a position? Well, I think HM and the Crown Prince would have a significant
improvement towards the quality and quantity of information regarding the Nation, its people and the state of things. Also HM and
the Crown Prince would have the first hand opportunity to gather all the suggestions they deem fit for the Nation’s betterment and
implement it right away. Imagine how many people with great suggestions are out there? Imagine how many creative young
men/women could contribute to our Nations future?

Imagine how much could knowledge could be acquired from the elderly? All of them are there, waiting without a voice. With such
position installed, the public would have a great interface with our beloved Monarch moreover, our beloved Monarch would also
gain knowledge of how creative, patriotic and savvy a great number of Bruneians are.
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CONSUMER
ASSOCIATION OF
BRUNEI
DARUSSALAM
Call for consumer protection law
Sobrina Rosli
BANDAR SERI BEGAWAN
Sunday, May 11, 2008

BRUNEI needs a law for protecting consumers' interests against overpriced and substandard goods, especially now as prices of
basic goods are soaring, the head of advocacy group Consumers Association Brunei Darussalam yesterday said.

"The non-existence of a consumer protection act or law is a major concern. We do not have a such law in Brunei, which could
protect the interests of the consumers, particularly in addressing their concerns and rights," said Shadoon Lamzi, the president of
the non-governmental group.

At present, he said the group is most concerned about the rampant hike in food products, adding that in some cases, retailers have
raised prices seemingly without considering consumers' situation.

"Prices of some food products are exceptionally high. Some retailers hike the prices without any due consideration. We don't know
the justification and how price increase is calculated," he said.

He cited the rise in prices of cooking oil, flour and instant noodles.

"Businesses should also have some sort of policy which would protect the consumer. "Apply fair prices," he stressed.

Shadoon said the advocacy group does not have statutory rights to enforce regulations, but it acts as a sounding board for
consumers to raise their issues and concerns which can then be brought to the government for action.

He said the association consults the Department of Economic Planning and Development (JPKE) on such issues.

"The JPKE may be the right agency, which should by law be enforcing relevant consumer laws. In our capacity, we can only
highlight such matters to the relevant department," he said.

He said the group also plans to compile price data from retailers then issue a price guide information for consumers. "The price
guide will enable consumers to buy products of fair quality and value at the right places," he said.
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Historians believe there was a forerunner to the present Brunei Sultanate, which the Chinese called Po-ni. Chinese
and Arabic records indicate that this ancient trading kingdom existed at the mouth of the Brunei River as early as the
seventh or eighth century A.D. This early kingdom was apparently conquered by the Sumatran empire of Srivijaya in
the early ninth century and later controlled northern Borneo and the Philippines. It was subjugated briefly by the
Java-based Majapahit Empire but soon regained its independence and once again rose to prominence. The Brunei
Empire had its golden age from the 15th to the 17th centuries, when its control extended over the entire island of
Borneo and north into the Philippines. Brunei was particularly powerful under the fifth sultan, Bolkiah (1473-1521),
who was famed for his sea exploits and even briefly captured Manila; and under the ninth sultan, Hassan
(1605-1619), who fully developed an elaborate Royal Court structure, elements of which remain today. After Sultan
Hassan , Brunei entered a period of decline, due to internal battles over royal succession as well as the rising
influences of European colonial powers in the region, that, among other things, disrupted traditional trading patterns,
destroying the economic base of Brunei and many other Southeast Asian sultanates. In 1839, the English adventurer
James Brooke arrived in Borneo and helped the Sultan put down a rebellion. As a reward, he became governor and
later "White Rajah" of Sarawak in northwest Borneo and gradually expanded the territory under his control. Brooke
never gained control of Brunei; though he did attempt to. He asked the British to check whether or not it would be
acceptable for him to claim Brunei as his own, however, they came back with bad news; although Brunei was poorly
run, it had a definite sense of national identity and could therefore not be absorbed by Brooke. Meanwhile, the
British North Borneo Company was expanding its control over territory in northeast Borneo. In 1888, Brunei
became a protectorate of the British Government, retaining internal independence but with British control over
external affairs. In 1906, Brunei accepted a further measure of British control when executive power was transferred
to a British Resident, who advised the ruler on all matters except those concerning local custom and religion. In
1959, a new constitution was written declaring Brunei a self-governing state, while its foreign affairs, security, and
defence remained the responsibility of the United Kingdom, now represented by a High Commissioner. An attempt
in 1962 to introduce a partially elected legislative body with limited powers was abandoned after the opposition
political party, Parti Rakyat Brunei, launched an armed uprising, which the government put down with the help of
British forces. The Constitution has been effectively suspended since then as Brunei declared a State of Emergency
and has renewed that status, ironically, as the constitution requires as a means of suspending it. In the late 1950s and
early 1960s, the government also resisted pressures to join neighbouring Sabah and Sarawak in the newly formed
Malaysia. The Sultan eventually decided that Brunei would remain a separate state. In 1967, Omar Ali Saifuddin
abdicated in favour of his eldest son, Hassanal Bolkiah, who became the 29th ruler. The former Sultan remained as
Defence Minister and assumed the royal title Seri Begawan. In 1970, the national capital, Brunei Town, was
renamed Bandar Seri Begawan in his honour. The Seri Begawan died in 1986. On January 4, 1979, Brunei and the
United Kingdom signed a new treaty of friendship and cooperation. On January 1, 1984, Brunei Darussalam became
a fully independent state.
Sources:  Wikipedia: History of Brunei
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INTERNALLY
DISPLACED PERSONS
(IDPs)
None reported.