| BRUNEI Brunei Darussalam Negara Brunei Darussalam Joined United Nations: 21 September 1984 Human Rights as assured by their constitution Updated 21 September 2012 |
The law prohibits mistreatment of prisoners, and there were no reports of such mistreatment. Caning is mandatory for 42 drug-related
and other criminal offenses, and it was included as part of the sentence in 80 percent of criminal convictions. Canings were carried out in
the presence of a doctor, who had the authority to interrupt the punishment for medical reasons.
The law provides for a prompt judicial determination regarding the validity of an arrest. However, in practice the provisions, like the
constitution itself, were partially or wholly superseded through invocation of the emergency powers.
Normally a magistrate must endorse a warrant for arrest. On rare occasions, warrants are issued without this endorsement, such as when
police are unable to obtain the endorsement in time to prevent the flight of a suspect. Police officers have broad powers to make arrests,
without warrants, of persons caught in the physical act of committing a crime.
The Internal Security Act (ISA) permits the government to detain suspects without trial for renewable two-year periods. ISA detainees are
also denied the right to legal counsel and are not presumed to be innocent. In the past, information on detainees was made public only
after their release.
The criminal procedure code allows for bail except in cases indicated as "discretionary" by written law. Bail is obligatory in any case not
deemed discretionary. Detainees generally had prompt access to lawyers and family visitations; however, police may deny access in
exceptional cases, such as probable belief of tampering with a witness.
The law does not provide specifically for an independent judiciary, but the courts appeared to act independently, and there were no known
instances of government interference with the judiciary. All higher court judges are appointed by and serve at the pleasure of the sultan.
The judicial system consists of five levels of courts, with final recourse in civil cases available through the Privy Council in London.
The secular law, based on English common law, provides citizens with a fair and efficient judicial process. Procedural safeguards include
the right to defense counsel, an interpreter, and a speedy trial, as well as the right to confront accusers. There is no legal provision to
provide affordable legal counsel for poor defendants, except in capital cases. Such defendants may act as their own lawyers in court.
Shari'a (Islamic law) supersedes secular law for Muslims in some areas, including divorce, inheritance, and some sexual crimes. Shari'a is
not applied to non‑Muslims. A law society, or bar association, established in 2003 to promote lawyers' public accountability, held its first
election for a council in late October; election of the president took place on December 19. The society was scheduled to begin operations
January 1, 2006.
The law lacks provisions to allow companies or individuals to sue the government, which traditionally resolves disputes with generous,
nonnegotiable settlements or in some cases simply refuses to settle.
The law permits government intrusion into the privacy of individual persons, families, and homes. Shari'a permits enforcement of
khalwat, an Islamic prohibition on the close proximity of a Muslim and a member of the opposite sex other than a spouse or close male
relative. There continued to be numerous reports of religious enforcement officers entering homes, buildings, and vehicles to detain
suspects.
The government monitored the private e-mail and Internet chat room exchanges of citizens that it believed to be subversive. The
government employed an informer system as part of its internal security apparatus to monitor suspected dissidents.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Under the emergency powers, the government significantly restricted freedom of speech and freedom of the press. Constitutional
amendments adopted in 2004 allow members of the legislative council to "speak their opinions freely," but they are prohibited from using
language or exhibiting behavior deemed "irresponsible, derogatory, scandalous, or injurious," and they may be disqualified for "disloyalty"
to the sultan among other offenses.
Under the amended May 2005 Sedition Act, it is an offense to "directly or indirectly lower or adversely affect the rights, status position,
discretion, powers, privileges, sovereignty, or prerogatives of the sultan, his spouse, successors, or other members of the royal family."
The act also makes it an offense to "directly or indirectly lower or adversely affect the standing or prominence of the national philosophy,
the Malay Islamic Monarchy concept." This ideology permeates the country's life and government administration. It promotes Islam as
the state religion and monarchical rule as the sole governing system, and it upholds the rights and privileges of the Brunei Malay race.
The act also provides for the prosecution of any publisher, proprietor, or editor of a newspaper that publishes matter having a seditious
intention. Publication of the newspaper may be suspended for up to one year, and the publisher, printer, or editor can be prohibited from
publishing, writing for, or editing any other newspaper. Printing equipment used in printing the newspaper can also be seized. Persons
convicted under the amended sedition act face fines up to $2,965 (B$5 thousand) and jail terms of up to 3 years.
The law requires local newspapers to obtain operating licenses and prior government approval of foreign editorial staff, journalists, and
printers. The law also gives the government the right to bar distribution of foreign publications, and it requires distributors of foreign
publications to obtain a government permit. The law allows the government to close a newspaper without giving prior notice or showing
cause. Journalists deemed to have published or written "false and malicious" reports may be subjected to fines or prison sentences.
The government's tolerance of political criticism was not tested because there was no organized opposition. In the past the government
arrested those who attempted to propagate unwelcome political views. The Borneo Bulletin published limited reports on the activities of
the Consumers' Association of Brunei, a quasi-human rights organization, and the activities of three political parties (see section 4).
b. Freedom of Peaceful Assembly and Association
Freedom of Assembly
Under the emergency powers, the government significantly restricted the right to assemble. Freedom to assemble for political purposes
was not tested during the year.
Freedom of Association
Civil servants and security force personnel, who together composed 60 percent of all employed citizens, are not permitted to join political
parties (see section 3). The government continued to restrict the activities of international service organizations such as Rotary, Kiwanis,
and the Lions, which developed out of the established business community. Religious regulations promulgated by the Ministry of Religious
Affairs and the State Mufti's Office prohibit Muslims from joining these organizations.
There were no politically oriented student associations.
c. Freedom of Religion
The law states, "The religion of Brunei Darussalam shall be the Muslim religion according to the Shafi'i sect of that religion: Provided that
all other religions may be practiced in peace and harmony by the person professing them in any part of Brunei Darussalam." The
government controlled mosques, and the Ministry of Religious Affairs prepared the weekly Friday sermons delivered in mosques
countrywide. The government restricted the practice of non-Islamic religions and non-Shafi'i Islamic groups, and it reinforced the
legitimacy of the observance of traditional and Islamic values through its national ideology.
The government used its internal security apparatus--including such measures as surveillance, investigation, and detention--against
persons whom it considered to be purveyors of radical Islam, non-Muslims who attempted to proselytize, and religious groups that did
not belong to the official religion. It has banned the Baha'i Faith and the Islamist Al-Arqam movement, and it detained a number of the
latter's followers. In July 2004 the government released six members of the movement who had been detained since 2003. A seventh
man, Mohammed Ashadi Haji Sulaiman, who had been arrested later, was released in May.
Registration is required by law for a group to worship communally. Under legislation amended in January, an organization that fails to
register can face charges of unlawful assembly. All non‑Shafi'i religious groups are required to register as associations. In 2003 two
Christian groups were denied permission to register.
The government routinely restricted the practice of non-Muslim religions by prohibiting proselytizing, occasionally denying entry to
foreign clergy, banning the importation of religious teaching materials or scriptures such as the Bible, and denying requests to expand or
build new churches, temples, and shrines. Non-Muslims who proselytize may be arrested or detained and held without charges for an
extended period of time.
Muslims who wished to change or renounce their religion faced considerable difficulties. Born Muslims faced official and societal
pressure not to leave Islam. Permission from the Ministry of Religious Affairs must be obtained, and there were no reports of anyone
requesting such permission. There were instances of persons, often foreign women, who converted to Islam as a prelude to marrying
Muslims, as required by the country's Islamic law. Government statistics reported that 10 percent of the 424 conversions to Islam during
the year were due to marriage. After the marriages took place, these women faced intense official pressure not to return to their former
religions or encountered extraordinary delays in obtaining permission. Unlike in the past, there were no cases of divorced Muslim converts
who, because of official and societal pressure, remained officially Muslim.
Authorities continued to arrest persons for offenses under Shari'a, such as khalwat and consumption of alcohol.
The Ministry of Education requires courses on Islam and the national ideology and prohibits the teaching of other religions. The ministry
requires all students, including non‑Muslims, to follow a course of study on the Islamic faith and learn Arabic script. The International
School of Brunei and the Jerudong International School were exempt from these requirements, but both offered Islamic instruction for
Muslims. Private Christian schools are not allowed to give Christian instruction and are required to give instruction on Islam. However,
the government did not prohibit or restrict parents from giving religious instruction to children at home.
The government routinely censored magazine articles on other faiths by blacking out or removing photographs of crucifixes and other
religious symbols. In addition government officials prevented the public display, distribution, and sale of items featuring non-Islamic
religious symbols.
The government requires residents to carry an identity card that states the bearer's religion. Visitors to the country are asked to identify
their religion on their landing cards.
Only Islamic groups belonging to the Shafi'i school are permitted to organize public religious processions; however, during the year a
limited number of public lion dances to celebrate the Chinese Lunar New Year were allowed.
d. Freedom of Movement within the Country, Foreign Travel, Emigration, and Repatriation
The government restricts the movement of former political prisoners during the first year of their release. Generally, the government does
not restrict the freedom of movement of citizens, visitors, and permanent residents. Government employees, both citizens and foreigners
working on a contractual basis, must apply for approval to go abroad, which was granted routinely.
Under the law the sultan may forcibly exile, either permanently or temporarily, any person deemed a threat to the safety, peace, or welfare
of the country. However, since 1984 there have been no cases of banishment of citizens.
Protection of Refugees
The country is not party to the 1951 UN Convention relating to the Status of Refugees and its 1967 protocol, and no legal provision exists
for granting temporary refuge or refugee status to those seeking such refuge or asylum. Under the law persons arriving without valid
entry documents and means of support are considered illegal immigrants and are refused entry. There were no reported cases of
individuals seeking temporary refuge during the year.
Section 3 Respect for Political Rights: The Right of Citizens to Change Their Government
Citizens did not have the right to change their government peacefully, and civil servants are not permitted to join political parties.
The same family has ruled the country for more than 600 years. In 1962 the then sultan invoked an article of the constitution that allowed
him to assume emergency powers for two years. Sultan Haji Hassanal Bolkiah renewed these powers in March 2004. The state of
emergency places few limits on the sultan's power. The sultan also served as prime minister, minister of defense, minister of finance,
chancellor of the national university, inspector general of the Royal Brunei Police Force, and head of the Islamic faith.
Elections and Political Participation
In September 2004 the sultan named an appointed legislative council, which he revived after a 20-year suspension; however, the council
had no independent powers. Political authority and control rested entirely with the sultan, while the council provided a forum for public
discussion of proposed government programs as well as administrative deficiencies. Members of the sultan's appointed cabinet served as
his principal advisors. The sultan also announced changes to the constitution that consolidated his executive powers while providing for
limited elections to the legislative council. Amendments to royal succession to include the sultan's sons from a second (now divorced)
wife also were approved.
In September the sultan increased the membership of the legislative council to include several indirectly elected members, comprised of
district and village heads.
The country has attempted, with limited success, to institutionalize a form of popular representation based on a traditional system of
village chiefs elected by secret ballot by all adults. Candidates must be approved by the government and must be Malay or of a recognized
indigenous race. These leaders are expected to communicate constituents' wishes through a variety of channels, including periodic
meetings, chaired by the minister of home affairs, with several officials appointed by the sultan. Regular meetings between senior
government officials and mukim (a group of villages) representatives allowed for airing of local grievances and concerns.
There were three registered parties in the country: the Brunei Solidarity National Party, the Brunei People's Awareness Party, and the new
Brunei National Development Party (BNDP). The BNDP was registered on August 31. All three parties pledged their support to the sultan
and the system of government. Although they criticized administrative deficiencies, their few activities received limited publicity, and they
were hindered by membership restrictions. However, several members and former members of political parties were consulted informally
about the program of the legislative council.
Individuals sought to express their views or influence government decisions and policies by posting messages to Internet discussion
boards, writing letters to local newspapers, and petitioning the sultan or handing him letters when he appeared in public.
The lack of a representative, democratic government seriously limited the role of both men and women in government and politics,
although women were limited to a greater extent than men. There were no female ministers in the government or the legislative council,
although the sultan's sister, Princess Masna, was the second-ranking official in the Ministry of Foreign Affairs, and there were female
ambassadors, judges, and other senior officials.
Government Corruption and Transparency
There were reliable reports of concealed corruption in the government. The government has announced a "zero tolerance" policy for
corrupt policy and has successfully prosecuted a number of low-level officials. In May the government began prosecuting a former
minister of development on charges of corruptly awarding government projects and accepting bribes. The case had not been decided at
year's end.
Despite earlier declarations that the government planned to be more transparent, it continued to restrict and classify as confidential any
information on the financial dealings of the government and royal family, particularly regarding expenditures, revenues, and incomes.
Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
Few if any civil society organizations dealt directly with human rights. A nongovernmental organization (NGO) seeking to operate in the
country is required to apply for permission under the Companies Act and provide a list of members. The government may suspend the
activities of a registered society if it deems such an act in the public interest or the interest of the registered society.
The few existing NGOs were based locally and generally were professional, business, or social associations. The Consumers' Association
of Brunei attempted to address human rights, but the government impeded it from doing so.
Section 5 Discrimination, Societal Abuses, and Trafficking in Persons
The law does not contain specific provisions prohibiting discrimination based on race, sex, disability, language, or social status.
Women
The extent of spousal abuse was unknown. During the year there were fewer than 100 reported cases of domestic violence against
women. The criminal penalty for a minor domestic assault is one to two weeks in jail and a fine. An assault resulting in serious injury is
punishable by caning and a longer jail sentence.
A special unit, staffed by female officers, existed within the police department to investigate domestic abuse and child abuse complaints. A
hot line was in service for persons to report domestic violence. The Ministry of Culture's Social Affairs Services (SAS) Unit provided
counseling for women and their spouses. During the year 31 female domestic abuse victims were sheltered at the Taman Noor Hidayah, a
shelter run by the SAS unit. According to press reports, the female victims were restricted to the shelter while waiting for their cases to
be brought to court.
Islamic courts, staffed by both male and female officials, offered counseling to married couples in domestic violence cases. Officials did
not encourage wives to reconcile with flagrantly abusive spouses, and Islamic courts recognized assault as grounds for divorce.
The law stipulates imprisonment of up to 30 years and caning with not fewer than 12 strokes for rape. The law does not criminalize
spousal rape; it explicitly states that sexual intercourse by a man with his wife, as long as she is not under 13 years of age, is not legally
considered rape. There were 22 rape cases reported during the year; 12 cases resulted in conviction, and 10 were under investigation at
year's end.
Prostitution is illegal. Women who entered the country for purposes of prostitution generally were tried, sentenced, and deported swiftly
(see section 5, Trafficking).
In accordance with certain local Islamic practices, women are denied equal status with men in a number of important areas such as
divorce, inheritance, and custody of children. However, the law permits female citizens to pass their nationality to their children and to
own property and other assets, including business properties.
Men were eligible for permanent positions in government service whether or not they had university degrees, but women without
university degrees were eligible to hold government positions only on a month-to-month basis. Women in month-to-month positions
received slightly less annual leave and fewer allowances than their male and female counterparts in permanent positions. There were no
men in month-to-month positions.
Religious authorities strongly encouraged Muslim women to wear the tudong, a traditional head covering, and the majority of women did
so. Most government departments and the uniformed services required female Muslims and non-Muslims to wear the tudong as part of
their dress code. All government schools, as well as the national university and other educational institutions, pressured non-Muslim
students to wear the tudong as part of the institution uniforms.
Children
No statistics were published regarding the welfare of children. The strong commitment to family values within society, the high standard
of living, and government funding for children's welfare provided most children a healthy and nurturing environment. Education is free,
compulsory, and universal for the first 12 years, after which it is still free but no longer compulsory. The highest level of education
achieved by most children was completion of secondary school, which normally consists of 12 to 14 years in school, ending at age 16 to
18 depending on whether the student pursues a vocational, academic, or arts course of study in secondary school. A significant
percentage of students continued on to tertiary education. With a few exceptions, involving small villages in extremely remote areas,
nutritional standards were high and poverty was almost unknown. Medical care for all citizens, including children, was subsidized heavily
and widely available. Between 20 and 30 young female rape and sexual abuse victims, between 9 and 15 years of age, were housed at the
government-sponsored Taman Noor Hidayah women's shelter. The penalty for the rape of a minor is 8 to 30 years' imprisonment and
caning with not fewer than 12 strokes.
Trafficking in Persons
A statute outlaws sexual exploitation and trafficking of women and girls. In addition, a variety of other laws, primarily those related to
prostitution and the protection of minors, could be applied against sex traffickers. The country has been a destination for a small number
of persons trafficked for sexual exploitation from China and within the region. There were very few identifiable cases of trafficking, and
the majority of women who entered the country as sex workers were considered to have done so voluntarily. Immigration, labor, and
religious regulations that criminalize prostitution also served to deter trafficking. There were reports of foreign household laborers who
worked under harsh conditions and whose freedom of movement was restricted (see section 6.e.).
In December 2004 the government introduced a specific antitrafficking law under which a person convicted of trafficking persons,
harboring smuggled persons, or endangering the lives or safety of trafficked or smuggled persons can be fined up to $606,060 (B$1
million), imprisoned for up to 30 years, and caned. A person convicted of facilitating trafficking or smuggling persons can be fined up to
$30,303 (B$50 thousand) and imprisoned for up to 10 years. There were no reported cases of human trafficking. Immigration and other
law enforcement officials began receiving training to investigate and prosecute suspected offenders to deal with trafficked victims under
the terms of the new law. Police officials participated in five overseas training courses dealing with human trafficking.
Persons with Disabilities
The law does not mandate accessibility or other assistance for persons with disabilities. The government attempted to provide educational
services for children with disabilities; however, these efforts did not meet international norms.
National/Racial/Ethnic Minorities
There were a sizeable number of "stateless" persons and permanent residents, mostly ethnic Chinese, including persons born and raised in
the country, who were not automatically accorded citizenship and its attendant rights. They had to travel abroad as stateless persons and
did not enjoy the full privileges of citizenship, including the right to own land. Stateless persons and permanent residents also were not
entitled to subsidized medical care. In 2003 a reform to the nationality law allowed some older, stateless persons and some permanent
residents over age 50 to acquire citizenship by passing an oral rather than a written nationality test. All stateless persons and permanent
residents became entitled to free education at government schools and other vocational and technical institutions. During the year 680
persons were granted citizenship, including more than 150 children.
Section 6 Worker Rights
a. The Right of Association
All workers, including civil servants other than those serving in the military and those working as prison guards or police officers, may
form and join trade unions; however, in practice there was no union activity in the country. The government did not encourage unions or
facilitate their formation, and employers in the industrial sector did not encourage foreign workers to form unions. The 3 registered trade
unions were in the oil sector, had a total membership of less than 5 percent of that industry's work force, and were inactive. There were
more than 100 thousand foreign workers in the country, including approximately 10,600 garment industry workers, none of whom were
members of any trade union.
While the law permits the formation of trade union federations, it forbids affiliation with international labor organizations unless there is
consent from the home affairs minister and Labor Department. At year's end the country had ratified none of the International Labor
Organization's (ILO) eight Fundamental Conventions and was not an ILO member.
b. The Right to Organize and Bargain Collectively
There was no union activity in the country; therefore, employer discrimination against union members did not arise. There is no legal
foundation for collective bargaining, and strikes are illegal. Wage and benefit packages were based on market conditions.
There is a free trade zone in Muara Port, known as the Muara Export Zone (MEZ). The labor laws are fully applicable in the MEZ.
c. Prohibition of Forced or Compulsory Labor
The law prohibits forced or compulsory labor, including by children; however, there were reports that some foreign domestic workers
worked under unacceptable conditions (see section 6.e.). Other workers, most notably in the garment industry, signed contracts with
employment agents or other sponsors in their home countries that reduced their promised salaries through payments to the agencies or
sponsors. In 2003 the government forbade wage deductions to agencies or sponsors and mandated that employees receive their full
salaries. However, foreign workers continued to pay high fees to manpower agents to obtain work in the country.
d. Prohibition of Child Labor and Minimum Age for Employment
Various laws prohibit the employment of children under age 16. Parental consent and approval by the Labor Commission is required for
those under 18. Female workers under 18 may not work at night or on offshore oil platforms. The Department of Labor (DOL), which is
part of the Ministry of Home Affairs, effectively enforced laws on the employment of children. There were no reports of violations of the
child labor laws.
The government adhered to the standards of ILO Convention 182 on the worst forms of child labor.
e. Acceptable Conditions of Work
Due to economic conditions and reduced government hiring, unemployment has grown in recent years. However, most citizens who had
employment commanded good salaries. There is no minimum wage. The standard workweek is Monday through Thursday and Saturday,
with Friday and Sunday off, allowing for 2 rest periods of 24 hours each week. Overtime is paid for work in excess of 48 hours per
week, and double time is paid for work performed on legal holidays. Occupational health and safety standards are established by
government regulations. The DOL inspected working conditions on a routine basis and also in response to complaints. The DOL generally
enforced labor regulations effectively, but enforcement in the unskilled labor sector was lax, especially for foreign laborers. The DOL may
close a workplace where health, safety, or working conditions are unsatisfactory, and it has done so. The law permits a worker to leave a
hazardous job site without jeopardizing his employment, but generally this did not occur.
At least 100 thousand foreign persons worked in the country. There were reports of foreign maids and other domestic workers who
worked exceptionally long hours, did not have a rest day, and had their liberty severely restricted. There also were isolated reports of
employers who beat domestic employees or did not provide them with adequate food. The government prosecuted some cases; employers
found guilty of abuses typically were fined and asked to compensate the victim.
Government protective measures for foreign workers included arrival briefings for workers, inspections of facilities, and a telephone hot
line for worker complaints. Government mediation continued to be the most common means used to resolve labor disputes. Abusive
employers faced criminal and civil penalties. When grievances cannot be resolved, repatriation of foreign workers is at the expense of the
employer, and all outstanding wages must be paid. The majority of abuse cases were settled out of court by the payment of financial
compensation to the worker by the errant employer.
Since February the DOL has brought cases directly against employers who did not pay their workers. Formerly, such cases were brought
by the Attorney General's Office and took much longer to prosecute. In March a military officer was fined approximately $4 thousand
(B$6,668) or a jail sentence in default for not paying his maid for more than 23 months.
In September approximately 300 garment factory workers protested publicly over unpaid salaries of up to 6 months. The government
intervened in the dispute, and embassies of the affected workers assisted in finding alternative employment for some workers. The
government warned employers that they would be prosecuted if they defaulted on workers' salary payments or paid them late. In
September the government filed charges for nonpayment of wages against the board of directors of the factory that employed the
garment workers; among the accused was a former cabinet minister. In late November members of the board of directors were charged
with 126 counts relating to unpaid salaries of 19 workers, and more charges were expected to be filed to reflect total number of workers
not paid by the company.
The government also used the labor act's provisions to prosecute errant employers who employed illegal immigrants or did not process
workers' documents, rendering them in illegal status.
In February 2004 the country amended its immigration laws by introducing retroactive prison sentences and caning for overstaying
workers and illegal immigrants seeking work, as well as for foreign workers employed by companies other than their initial sponsor.
While the majority of prosecutions were for long-term overstayers, many workers were in illegal status owing to their former employers'
negligence. Diplomatic missions appealed to the government to delay the introduction of caning penalties and not apply the law
retroactively. The government delayed the introduction of caning penalties until June 2004. Subsequently, numerous foreign persons
found to be in illegal status received caning sentences in addition to jail time and fines.
In September nine Filipino workers who had been duped by home-based recruiters into coming to the country on social visit passes and
were subsequently unable to work legally were repatriated by their embassy. In 2004 several hundred Bangladeshi workers were duped by
foreign and local manpower agents into paying high recruitment fees to obtain a three-month short-term work contract. Many of the
workers subsequently were not able to transfer to standard two-year contracts, and some lapsed into illegal immigration status.
Diplomatic missions again appealed to the government for leniency for these persons, and the government granted their request. The
government subsequently closed this loophole by requiring employment agencies to register and limiting work permit renewals to
registered agents.
and other criminal offenses, and it was included as part of the sentence in 80 percent of criminal convictions. Canings were carried out in
the presence of a doctor, who had the authority to interrupt the punishment for medical reasons.
The law provides for a prompt judicial determination regarding the validity of an arrest. However, in practice the provisions, like the
constitution itself, were partially or wholly superseded through invocation of the emergency powers.
Normally a magistrate must endorse a warrant for arrest. On rare occasions, warrants are issued without this endorsement, such as when
police are unable to obtain the endorsement in time to prevent the flight of a suspect. Police officers have broad powers to make arrests,
without warrants, of persons caught in the physical act of committing a crime.
The Internal Security Act (ISA) permits the government to detain suspects without trial for renewable two-year periods. ISA detainees are
also denied the right to legal counsel and are not presumed to be innocent. In the past, information on detainees was made public only
after their release.
The criminal procedure code allows for bail except in cases indicated as "discretionary" by written law. Bail is obligatory in any case not
deemed discretionary. Detainees generally had prompt access to lawyers and family visitations; however, police may deny access in
exceptional cases, such as probable belief of tampering with a witness.
The law does not provide specifically for an independent judiciary, but the courts appeared to act independently, and there were no known
instances of government interference with the judiciary. All higher court judges are appointed by and serve at the pleasure of the sultan.
The judicial system consists of five levels of courts, with final recourse in civil cases available through the Privy Council in London.
The secular law, based on English common law, provides citizens with a fair and efficient judicial process. Procedural safeguards include
the right to defense counsel, an interpreter, and a speedy trial, as well as the right to confront accusers. There is no legal provision to
provide affordable legal counsel for poor defendants, except in capital cases. Such defendants may act as their own lawyers in court.
Shari'a (Islamic law) supersedes secular law for Muslims in some areas, including divorce, inheritance, and some sexual crimes. Shari'a is
not applied to non‑Muslims. A law society, or bar association, established in 2003 to promote lawyers' public accountability, held its first
election for a council in late October; election of the president took place on December 19. The society was scheduled to begin operations
January 1, 2006.
The law lacks provisions to allow companies or individuals to sue the government, which traditionally resolves disputes with generous,
nonnegotiable settlements or in some cases simply refuses to settle.
The law permits government intrusion into the privacy of individual persons, families, and homes. Shari'a permits enforcement of
khalwat, an Islamic prohibition on the close proximity of a Muslim and a member of the opposite sex other than a spouse or close male
relative. There continued to be numerous reports of religious enforcement officers entering homes, buildings, and vehicles to detain
suspects.
The government monitored the private e-mail and Internet chat room exchanges of citizens that it believed to be subversive. The
government employed an informer system as part of its internal security apparatus to monitor suspected dissidents.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Under the emergency powers, the government significantly restricted freedom of speech and freedom of the press. Constitutional
amendments adopted in 2004 allow members of the legislative council to "speak their opinions freely," but they are prohibited from using
language or exhibiting behavior deemed "irresponsible, derogatory, scandalous, or injurious," and they may be disqualified for "disloyalty"
to the sultan among other offenses.
Under the amended May 2005 Sedition Act, it is an offense to "directly or indirectly lower or adversely affect the rights, status position,
discretion, powers, privileges, sovereignty, or prerogatives of the sultan, his spouse, successors, or other members of the royal family."
The act also makes it an offense to "directly or indirectly lower or adversely affect the standing or prominence of the national philosophy,
the Malay Islamic Monarchy concept." This ideology permeates the country's life and government administration. It promotes Islam as
the state religion and monarchical rule as the sole governing system, and it upholds the rights and privileges of the Brunei Malay race.
The act also provides for the prosecution of any publisher, proprietor, or editor of a newspaper that publishes matter having a seditious
intention. Publication of the newspaper may be suspended for up to one year, and the publisher, printer, or editor can be prohibited from
publishing, writing for, or editing any other newspaper. Printing equipment used in printing the newspaper can also be seized. Persons
convicted under the amended sedition act face fines up to $2,965 (B$5 thousand) and jail terms of up to 3 years.
The law requires local newspapers to obtain operating licenses and prior government approval of foreign editorial staff, journalists, and
printers. The law also gives the government the right to bar distribution of foreign publications, and it requires distributors of foreign
publications to obtain a government permit. The law allows the government to close a newspaper without giving prior notice or showing
cause. Journalists deemed to have published or written "false and malicious" reports may be subjected to fines or prison sentences.
The government's tolerance of political criticism was not tested because there was no organized opposition. In the past the government
arrested those who attempted to propagate unwelcome political views. The Borneo Bulletin published limited reports on the activities of
the Consumers' Association of Brunei, a quasi-human rights organization, and the activities of three political parties (see section 4).
b. Freedom of Peaceful Assembly and Association
Freedom of Assembly
Under the emergency powers, the government significantly restricted the right to assemble. Freedom to assemble for political purposes
was not tested during the year.
Freedom of Association
Civil servants and security force personnel, who together composed 60 percent of all employed citizens, are not permitted to join political
parties (see section 3). The government continued to restrict the activities of international service organizations such as Rotary, Kiwanis,
and the Lions, which developed out of the established business community. Religious regulations promulgated by the Ministry of Religious
Affairs and the State Mufti's Office prohibit Muslims from joining these organizations.
There were no politically oriented student associations.
c. Freedom of Religion
The law states, "The religion of Brunei Darussalam shall be the Muslim religion according to the Shafi'i sect of that religion: Provided that
all other religions may be practiced in peace and harmony by the person professing them in any part of Brunei Darussalam." The
government controlled mosques, and the Ministry of Religious Affairs prepared the weekly Friday sermons delivered in mosques
countrywide. The government restricted the practice of non-Islamic religions and non-Shafi'i Islamic groups, and it reinforced the
legitimacy of the observance of traditional and Islamic values through its national ideology.
The government used its internal security apparatus--including such measures as surveillance, investigation, and detention--against
persons whom it considered to be purveyors of radical Islam, non-Muslims who attempted to proselytize, and religious groups that did
not belong to the official religion. It has banned the Baha'i Faith and the Islamist Al-Arqam movement, and it detained a number of the
latter's followers. In July 2004 the government released six members of the movement who had been detained since 2003. A seventh
man, Mohammed Ashadi Haji Sulaiman, who had been arrested later, was released in May.
Registration is required by law for a group to worship communally. Under legislation amended in January, an organization that fails to
register can face charges of unlawful assembly. All non‑Shafi'i religious groups are required to register as associations. In 2003 two
Christian groups were denied permission to register.
The government routinely restricted the practice of non-Muslim religions by prohibiting proselytizing, occasionally denying entry to
foreign clergy, banning the importation of religious teaching materials or scriptures such as the Bible, and denying requests to expand or
build new churches, temples, and shrines. Non-Muslims who proselytize may be arrested or detained and held without charges for an
extended period of time.
Muslims who wished to change or renounce their religion faced considerable difficulties. Born Muslims faced official and societal
pressure not to leave Islam. Permission from the Ministry of Religious Affairs must be obtained, and there were no reports of anyone
requesting such permission. There were instances of persons, often foreign women, who converted to Islam as a prelude to marrying
Muslims, as required by the country's Islamic law. Government statistics reported that 10 percent of the 424 conversions to Islam during
the year were due to marriage. After the marriages took place, these women faced intense official pressure not to return to their former
religions or encountered extraordinary delays in obtaining permission. Unlike in the past, there were no cases of divorced Muslim converts
who, because of official and societal pressure, remained officially Muslim.
Authorities continued to arrest persons for offenses under Shari'a, such as khalwat and consumption of alcohol.
The Ministry of Education requires courses on Islam and the national ideology and prohibits the teaching of other religions. The ministry
requires all students, including non‑Muslims, to follow a course of study on the Islamic faith and learn Arabic script. The International
School of Brunei and the Jerudong International School were exempt from these requirements, but both offered Islamic instruction for
Muslims. Private Christian schools are not allowed to give Christian instruction and are required to give instruction on Islam. However,
the government did not prohibit or restrict parents from giving religious instruction to children at home.
The government routinely censored magazine articles on other faiths by blacking out or removing photographs of crucifixes and other
religious symbols. In addition government officials prevented the public display, distribution, and sale of items featuring non-Islamic
religious symbols.
The government requires residents to carry an identity card that states the bearer's religion. Visitors to the country are asked to identify
their religion on their landing cards.
Only Islamic groups belonging to the Shafi'i school are permitted to organize public religious processions; however, during the year a
limited number of public lion dances to celebrate the Chinese Lunar New Year were allowed.
d. Freedom of Movement within the Country, Foreign Travel, Emigration, and Repatriation
The government restricts the movement of former political prisoners during the first year of their release. Generally, the government does
not restrict the freedom of movement of citizens, visitors, and permanent residents. Government employees, both citizens and foreigners
working on a contractual basis, must apply for approval to go abroad, which was granted routinely.
Under the law the sultan may forcibly exile, either permanently or temporarily, any person deemed a threat to the safety, peace, or welfare
of the country. However, since 1984 there have been no cases of banishment of citizens.
Protection of Refugees
The country is not party to the 1951 UN Convention relating to the Status of Refugees and its 1967 protocol, and no legal provision exists
for granting temporary refuge or refugee status to those seeking such refuge or asylum. Under the law persons arriving without valid
entry documents and means of support are considered illegal immigrants and are refused entry. There were no reported cases of
individuals seeking temporary refuge during the year.
Section 3 Respect for Political Rights: The Right of Citizens to Change Their Government
Citizens did not have the right to change their government peacefully, and civil servants are not permitted to join political parties.
The same family has ruled the country for more than 600 years. In 1962 the then sultan invoked an article of the constitution that allowed
him to assume emergency powers for two years. Sultan Haji Hassanal Bolkiah renewed these powers in March 2004. The state of
emergency places few limits on the sultan's power. The sultan also served as prime minister, minister of defense, minister of finance,
chancellor of the national university, inspector general of the Royal Brunei Police Force, and head of the Islamic faith.
Elections and Political Participation
In September 2004 the sultan named an appointed legislative council, which he revived after a 20-year suspension; however, the council
had no independent powers. Political authority and control rested entirely with the sultan, while the council provided a forum for public
discussion of proposed government programs as well as administrative deficiencies. Members of the sultan's appointed cabinet served as
his principal advisors. The sultan also announced changes to the constitution that consolidated his executive powers while providing for
limited elections to the legislative council. Amendments to royal succession to include the sultan's sons from a second (now divorced)
wife also were approved.
In September the sultan increased the membership of the legislative council to include several indirectly elected members, comprised of
district and village heads.
The country has attempted, with limited success, to institutionalize a form of popular representation based on a traditional system of
village chiefs elected by secret ballot by all adults. Candidates must be approved by the government and must be Malay or of a recognized
indigenous race. These leaders are expected to communicate constituents' wishes through a variety of channels, including periodic
meetings, chaired by the minister of home affairs, with several officials appointed by the sultan. Regular meetings between senior
government officials and mukim (a group of villages) representatives allowed for airing of local grievances and concerns.
There were three registered parties in the country: the Brunei Solidarity National Party, the Brunei People's Awareness Party, and the new
Brunei National Development Party (BNDP). The BNDP was registered on August 31. All three parties pledged their support to the sultan
and the system of government. Although they criticized administrative deficiencies, their few activities received limited publicity, and they
were hindered by membership restrictions. However, several members and former members of political parties were consulted informally
about the program of the legislative council.
Individuals sought to express their views or influence government decisions and policies by posting messages to Internet discussion
boards, writing letters to local newspapers, and petitioning the sultan or handing him letters when he appeared in public.
The lack of a representative, democratic government seriously limited the role of both men and women in government and politics,
although women were limited to a greater extent than men. There were no female ministers in the government or the legislative council,
although the sultan's sister, Princess Masna, was the second-ranking official in the Ministry of Foreign Affairs, and there were female
ambassadors, judges, and other senior officials.
Government Corruption and Transparency
There were reliable reports of concealed corruption in the government. The government has announced a "zero tolerance" policy for
corrupt policy and has successfully prosecuted a number of low-level officials. In May the government began prosecuting a former
minister of development on charges of corruptly awarding government projects and accepting bribes. The case had not been decided at
year's end.
Despite earlier declarations that the government planned to be more transparent, it continued to restrict and classify as confidential any
information on the financial dealings of the government and royal family, particularly regarding expenditures, revenues, and incomes.
Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
Few if any civil society organizations dealt directly with human rights. A nongovernmental organization (NGO) seeking to operate in the
country is required to apply for permission under the Companies Act and provide a list of members. The government may suspend the
activities of a registered society if it deems such an act in the public interest or the interest of the registered society.
The few existing NGOs were based locally and generally were professional, business, or social associations. The Consumers' Association
of Brunei attempted to address human rights, but the government impeded it from doing so.
Section 5 Discrimination, Societal Abuses, and Trafficking in Persons
The law does not contain specific provisions prohibiting discrimination based on race, sex, disability, language, or social status.
Women
The extent of spousal abuse was unknown. During the year there were fewer than 100 reported cases of domestic violence against
women. The criminal penalty for a minor domestic assault is one to two weeks in jail and a fine. An assault resulting in serious injury is
punishable by caning and a longer jail sentence.
A special unit, staffed by female officers, existed within the police department to investigate domestic abuse and child abuse complaints. A
hot line was in service for persons to report domestic violence. The Ministry of Culture's Social Affairs Services (SAS) Unit provided
counseling for women and their spouses. During the year 31 female domestic abuse victims were sheltered at the Taman Noor Hidayah, a
shelter run by the SAS unit. According to press reports, the female victims were restricted to the shelter while waiting for their cases to
be brought to court.
Islamic courts, staffed by both male and female officials, offered counseling to married couples in domestic violence cases. Officials did
not encourage wives to reconcile with flagrantly abusive spouses, and Islamic courts recognized assault as grounds for divorce.
The law stipulates imprisonment of up to 30 years and caning with not fewer than 12 strokes for rape. The law does not criminalize
spousal rape; it explicitly states that sexual intercourse by a man with his wife, as long as she is not under 13 years of age, is not legally
considered rape. There were 22 rape cases reported during the year; 12 cases resulted in conviction, and 10 were under investigation at
year's end.
Prostitution is illegal. Women who entered the country for purposes of prostitution generally were tried, sentenced, and deported swiftly
(see section 5, Trafficking).
In accordance with certain local Islamic practices, women are denied equal status with men in a number of important areas such as
divorce, inheritance, and custody of children. However, the law permits female citizens to pass their nationality to their children and to
own property and other assets, including business properties.
Men were eligible for permanent positions in government service whether or not they had university degrees, but women without
university degrees were eligible to hold government positions only on a month-to-month basis. Women in month-to-month positions
received slightly less annual leave and fewer allowances than their male and female counterparts in permanent positions. There were no
men in month-to-month positions.
Religious authorities strongly encouraged Muslim women to wear the tudong, a traditional head covering, and the majority of women did
so. Most government departments and the uniformed services required female Muslims and non-Muslims to wear the tudong as part of
their dress code. All government schools, as well as the national university and other educational institutions, pressured non-Muslim
students to wear the tudong as part of the institution uniforms.
Children
No statistics were published regarding the welfare of children. The strong commitment to family values within society, the high standard
of living, and government funding for children's welfare provided most children a healthy and nurturing environment. Education is free,
compulsory, and universal for the first 12 years, after which it is still free but no longer compulsory. The highest level of education
achieved by most children was completion of secondary school, which normally consists of 12 to 14 years in school, ending at age 16 to
18 depending on whether the student pursues a vocational, academic, or arts course of study in secondary school. A significant
percentage of students continued on to tertiary education. With a few exceptions, involving small villages in extremely remote areas,
nutritional standards were high and poverty was almost unknown. Medical care for all citizens, including children, was subsidized heavily
and widely available. Between 20 and 30 young female rape and sexual abuse victims, between 9 and 15 years of age, were housed at the
government-sponsored Taman Noor Hidayah women's shelter. The penalty for the rape of a minor is 8 to 30 years' imprisonment and
caning with not fewer than 12 strokes.
Trafficking in Persons
A statute outlaws sexual exploitation and trafficking of women and girls. In addition, a variety of other laws, primarily those related to
prostitution and the protection of minors, could be applied against sex traffickers. The country has been a destination for a small number
of persons trafficked for sexual exploitation from China and within the region. There were very few identifiable cases of trafficking, and
the majority of women who entered the country as sex workers were considered to have done so voluntarily. Immigration, labor, and
religious regulations that criminalize prostitution also served to deter trafficking. There were reports of foreign household laborers who
worked under harsh conditions and whose freedom of movement was restricted (see section 6.e.).
In December 2004 the government introduced a specific antitrafficking law under which a person convicted of trafficking persons,
harboring smuggled persons, or endangering the lives or safety of trafficked or smuggled persons can be fined up to $606,060 (B$1
million), imprisoned for up to 30 years, and caned. A person convicted of facilitating trafficking or smuggling persons can be fined up to
$30,303 (B$50 thousand) and imprisoned for up to 10 years. There were no reported cases of human trafficking. Immigration and other
law enforcement officials began receiving training to investigate and prosecute suspected offenders to deal with trafficked victims under
the terms of the new law. Police officials participated in five overseas training courses dealing with human trafficking.
Persons with Disabilities
The law does not mandate accessibility or other assistance for persons with disabilities. The government attempted to provide educational
services for children with disabilities; however, these efforts did not meet international norms.
National/Racial/Ethnic Minorities
There were a sizeable number of "stateless" persons and permanent residents, mostly ethnic Chinese, including persons born and raised in
the country, who were not automatically accorded citizenship and its attendant rights. They had to travel abroad as stateless persons and
did not enjoy the full privileges of citizenship, including the right to own land. Stateless persons and permanent residents also were not
entitled to subsidized medical care. In 2003 a reform to the nationality law allowed some older, stateless persons and some permanent
residents over age 50 to acquire citizenship by passing an oral rather than a written nationality test. All stateless persons and permanent
residents became entitled to free education at government schools and other vocational and technical institutions. During the year 680
persons were granted citizenship, including more than 150 children.
Section 6 Worker Rights
a. The Right of Association
All workers, including civil servants other than those serving in the military and those working as prison guards or police officers, may
form and join trade unions; however, in practice there was no union activity in the country. The government did not encourage unions or
facilitate their formation, and employers in the industrial sector did not encourage foreign workers to form unions. The 3 registered trade
unions were in the oil sector, had a total membership of less than 5 percent of that industry's work force, and were inactive. There were
more than 100 thousand foreign workers in the country, including approximately 10,600 garment industry workers, none of whom were
members of any trade union.
While the law permits the formation of trade union federations, it forbids affiliation with international labor organizations unless there is
consent from the home affairs minister and Labor Department. At year's end the country had ratified none of the International Labor
Organization's (ILO) eight Fundamental Conventions and was not an ILO member.
b. The Right to Organize and Bargain Collectively
There was no union activity in the country; therefore, employer discrimination against union members did not arise. There is no legal
foundation for collective bargaining, and strikes are illegal. Wage and benefit packages were based on market conditions.
There is a free trade zone in Muara Port, known as the Muara Export Zone (MEZ). The labor laws are fully applicable in the MEZ.
c. Prohibition of Forced or Compulsory Labor
The law prohibits forced or compulsory labor, including by children; however, there were reports that some foreign domestic workers
worked under unacceptable conditions (see section 6.e.). Other workers, most notably in the garment industry, signed contracts with
employment agents or other sponsors in their home countries that reduced their promised salaries through payments to the agencies or
sponsors. In 2003 the government forbade wage deductions to agencies or sponsors and mandated that employees receive their full
salaries. However, foreign workers continued to pay high fees to manpower agents to obtain work in the country.
d. Prohibition of Child Labor and Minimum Age for Employment
Various laws prohibit the employment of children under age 16. Parental consent and approval by the Labor Commission is required for
those under 18. Female workers under 18 may not work at night or on offshore oil platforms. The Department of Labor (DOL), which is
part of the Ministry of Home Affairs, effectively enforced laws on the employment of children. There were no reports of violations of the
child labor laws.
The government adhered to the standards of ILO Convention 182 on the worst forms of child labor.
e. Acceptable Conditions of Work
Due to economic conditions and reduced government hiring, unemployment has grown in recent years. However, most citizens who had
employment commanded good salaries. There is no minimum wage. The standard workweek is Monday through Thursday and Saturday,
with Friday and Sunday off, allowing for 2 rest periods of 24 hours each week. Overtime is paid for work in excess of 48 hours per
week, and double time is paid for work performed on legal holidays. Occupational health and safety standards are established by
government regulations. The DOL inspected working conditions on a routine basis and also in response to complaints. The DOL generally
enforced labor regulations effectively, but enforcement in the unskilled labor sector was lax, especially for foreign laborers. The DOL may
close a workplace where health, safety, or working conditions are unsatisfactory, and it has done so. The law permits a worker to leave a
hazardous job site without jeopardizing his employment, but generally this did not occur.
At least 100 thousand foreign persons worked in the country. There were reports of foreign maids and other domestic workers who
worked exceptionally long hours, did not have a rest day, and had their liberty severely restricted. There also were isolated reports of
employers who beat domestic employees or did not provide them with adequate food. The government prosecuted some cases; employers
found guilty of abuses typically were fined and asked to compensate the victim.
Government protective measures for foreign workers included arrival briefings for workers, inspections of facilities, and a telephone hot
line for worker complaints. Government mediation continued to be the most common means used to resolve labor disputes. Abusive
employers faced criminal and civil penalties. When grievances cannot be resolved, repatriation of foreign workers is at the expense of the
employer, and all outstanding wages must be paid. The majority of abuse cases were settled out of court by the payment of financial
compensation to the worker by the errant employer.
Since February the DOL has brought cases directly against employers who did not pay their workers. Formerly, such cases were brought
by the Attorney General's Office and took much longer to prosecute. In March a military officer was fined approximately $4 thousand
(B$6,668) or a jail sentence in default for not paying his maid for more than 23 months.
In September approximately 300 garment factory workers protested publicly over unpaid salaries of up to 6 months. The government
intervened in the dispute, and embassies of the affected workers assisted in finding alternative employment for some workers. The
government warned employers that they would be prosecuted if they defaulted on workers' salary payments or paid them late. In
September the government filed charges for nonpayment of wages against the board of directors of the factory that employed the
garment workers; among the accused was a former cabinet minister. In late November members of the board of directors were charged
with 126 counts relating to unpaid salaries of 19 workers, and more charges were expected to be filed to reflect total number of workers
not paid by the company.
The government also used the labor act's provisions to prosecute errant employers who employed illegal immigrants or did not process
workers' documents, rendering them in illegal status.
In February 2004 the country amended its immigration laws by introducing retroactive prison sentences and caning for overstaying
workers and illegal immigrants seeking work, as well as for foreign workers employed by companies other than their initial sponsor.
While the majority of prosecutions were for long-term overstayers, many workers were in illegal status owing to their former employers'
negligence. Diplomatic missions appealed to the government to delay the introduction of caning penalties and not apply the law
retroactively. The government delayed the introduction of caning penalties until June 2004. Subsequently, numerous foreign persons
found to be in illegal status received caning sentences in addition to jail time and fines.
In September nine Filipino workers who had been duped by home-based recruiters into coming to the country on social visit passes and
were subsequently unable to work legally were repatriated by their embassy. In 2004 several hundred Bangladeshi workers were duped by
foreign and local manpower agents into paying high recruitment fees to obtain a three-month short-term work contract. Many of the
workers subsequently were not able to transfer to standard two-year contracts, and some lapsed into illegal immigration status.
Diplomatic missions again appealed to the government for leniency for these persons, and the government granted their request. The
government subsequently closed this loophole by requiring employment agencies to register and limiting work permit renewals to
registered agents.
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 defense remained the responsibility of the United
Kingdom. An attempt in 1962 to introduce a partially elected legislative body with limited
powers was abandoned after the opposition political party Partai Rakyat Brunei launched
an armed uprising which the government put down with the help of British forces. The
government declared a "state of emergency" and suspended the constitution under a
virtual state of martial law. An electronic version of that constitution is not available, but the
governing laws of the nation are partially available via the website of the Brunei Attorney
General's office by clicking here. On 4 January, 1979, Brunei and the United Kingdom
signed a new treaty of friendship and cooperation. On 1 January, 1984, Brunei Darussalam
became a fully independent state. As a copy of the constitution was not available, human
rights safeguards were gathered from the U.S. State Department 2005 Country Report. For
a Brunei government overview of the Constitution, click here.
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 defense remained the responsibility of the United
Kingdom. An attempt in 1962 to introduce a partially elected legislative body with limited
powers was abandoned after the opposition political party Partai Rakyat Brunei launched
an armed uprising which the government put down with the help of British forces. The
government declared a "state of emergency" and suspended the constitution under a
virtual state of martial law. An electronic version of that constitution is not available, but the
governing laws of the nation are partially available via the website of the Brunei Attorney
General's office by clicking here. On 4 January, 1979, Brunei and the United Kingdom
signed a new treaty of friendship and cooperation. On 1 January, 1984, Brunei Darussalam
became a fully independent state. As a copy of the constitution was not available, human
rights safeguards were gathered from the U.S. State Department 2005 Country Report. For
a Brunei government overview of the Constitution, click here.