Wayzata World Factbook 1996/The World Factbook - 1996 Edition - Wayzata Technology (3079) (1996).iso/pc/text/humanrts/brunei.txt

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TITLE:  BRUNEI HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995

                             BRUNEI


Brunei Darussalam, a small, wealthy monarchy located on the
north coast of Borneo, is a sultanate ruled by the same family
for 600 years.

The 1959 Constitution provided for the first delegation of
political power by former Sultan Omar Ali Saifuddin to an
appointed council of state, but in 1962 the Sultan invoked an
article of the Constitution that allowed him to assume
emergency powers for 2 years.  These powers have been regularly
renewed, most recently in September by the current Sultan.
Although not all of the articles of the Constitution are
suspended, the state of emergency places few limits on the
Sultan's power.  He also serves as Prime Minister, Minister of
Defense, dean of the national university, and chief religious
leader.

The police force, which has responsibility for internal
security, reports to the Prime Minister's office and is firmly
under the control of civil authorities.

Brunei's large oil and natural gas reserves, coupled with its
small population, give it one of the world's highest per capita
gross national products.

Human rights in Brunei remain broadly circumscribed.  In
practice, citizens do not have the right to change their
government and they generally eschew political activity of any
kind, knowing that the Government and ruler will disapprove
such activity and may punish them.  Nor, constitutional
provisions notwithstanding, do they genuinely exercise the
freedoms of speech, press, and association.  Other human rights
abuses, including discrimination against women and restriction
of religious freedom, continued in 1994.

RESPECT FOR HUMAN RIGHTS

Section 1  Respect for the Integrity of the Person, Including
           Freedom from:

     a.  Political and Other Extrajudicial Killing

There were no reports of political or other extrajudicial
killings.

     b.  Disappearance

There were no reports of disappearances.

     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment

The media occasionally report on allegations of police
mistreatment of prisoners, but these reports cannot be
verified.  In 1988 caning became mandatory punishment for 42
criminal and drug-related offenses and for vandalism.  Since
then, sentences of whipping have been handed down and carried
out in the presence of a doctor who monitors implementation and
has the authority to interrupt and postpone the punishment for
medical reasons.  Reportedly, as many as 50 offenders per year
are caned.

     d.  Arbitrary Arrest, Detention, or Exile

While the law provides for a prompt judicial determination of
the validity of an arrest detention, those provisions, like the
Constitution itself, may be superseded, either partially or
wholly, through invocation of the emergency powers.  Moreover,
the Internal Security Act (ISA) permits the Government to
detain suspects without trial for renewable 2-year periods.
The Government occasionally has used the ISA to detain persons
suspected of antigovernment activity, but apparently did not do
so in 1994.

Police officers have broad powers to make arrests without
warrants.  However, under normal circumstances, a magistrate
must endorse a warrant for arrest.  Warrants are issued without
this endorsement on rare occasions, such as when police are
unable to obtain the endorsement in time to prevent the flight
of a suspect.

A person detained under the ISA was released in April following
his pledge of loyalty to the Sultan.

     e.  Denial of Fair Public Trial

The Bruneian judicial system consists of five levels of courts,
with final recourse available through the Privy Council in
London.  Procedural safeguards include the right to defense
counsel, the right to an interpreter, the right to a speedy
trial, and the right to confront accusers.  There were no known
instances of government interference with the judiciary in 1994
and no trials of political opponents.

A few political prisoners, probably "returnees" (individuals
who participated in the 1962 rebellion, fled the country, and
subsequently returned), are still in prison because of their
role in the rebellion and their alleged refusal to renounce
violence and pledge loyalty to the Sultan.

     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence

Although the law permits government intrusion into the privacy
of individual persons, families, or homes, this rarely
happens.  There are sporadic reports of mail having been opened
prior to delivery.

Section 2  Respect for Civil Liberties, Including:

     a.  Freedom of Speech and Press

While no law restricts freedom of speech and freedom of the
press, the Government frequently censored international
newspapers and periodicals by removing or blacking out articles
or photographs found to be objectionable, particularly those
potentially embarrassing to Brunei's royal family, critical of
the Government or the Sultan, or those judged sexually or
morally improper by censors.  The University of Brunei
Darussalam (UBD) dismissed an expatriate professor in 1994 for
writing articles which Bruneian officials deemed objectionable.
However, the growing use of facsimile machines and access to
satellite transmissions make it increasingly difficult to keep
such material from entering Brunei.  The independently owned
local newspaper practices self-censorship by avoiding issues it
knows the Government would object to.

The only television station is government owned.  It receives
two Malaysian television channels and several channels of a
Hong Kong-based network, including the Cable News Network and
the British Broadcasting Corporation news programs, which it
rebroadcasts locally on the UHF band.  Because of the almost
total absence of criticism or opposing views, the Government's
tolerance of political criticism has not been effectively
tested recently.  In the past it has not hesitated to arrest on
national security grounds those who attempted to propagate
unwelcome political views.

     b.  Freedom of Peaceful Assembly and Association

Freedom to assemble for political purposes also has not been
seriously tested in recent years.  Following the 1967 ban on
political parties, the Government allowed two parties to form
in 1985 and 1986.  The Government severely restricted
membership in both parties, disbanding one of them in 1988.
The other political party, the Brunei National Solidarity
Party, lingers on with a few dozen members.

     c.  Freedom of Religion

The Constitution states, "The religion of Brunei Darussalam
shall be the Muslim religion according to the Shafeite 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."  In 1991 the Government began
to reinforce the legitimacy of the hereditary monarchy and the
observance of traditional Bruneian and Muslim values by
reasserting a national ideology known as the Malaya Islam
Beraja (MIB) or "Malay Muslim monarchy," the genesis of which
reportedly dates back to the 15th century.

The resulting Islamization of Bruneian society has created a
variety of impediments to the full and unconstrained exercise
of religious freedom called for in the Constitution and in the
1993 Kuala Lumpur Declaration.  The Government in 1993
participated in issuing the Kuala Lumpur Declaration, which
confirms the right of all persons to a wide range of human
rights, including freedom of religion.  Despite this, and
constitutional provisions, the Government routinely restricts
the practice of non-Muslim religions by:  prohibiting
proselytizing; occasionally denying entry to foreign clergy or
particular priests, bishops, or ministers; banning the
importation of religious teaching materials or scriptures such
as the Bible; and refusing permission to expand, repair, or
build new churches, temples, and shrines.

The Ministry of Education has also restricted the teaching of
the history of religion or other courses in religion in
non-Islamic schools while requiring courses on Islam or the MIB
in all schools.  Only the International School, which Bruneian
citizens or permanent residents generally are not permitted to
attend, is exempted from these restrictions.

     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.  Otherwise,
it generally does not restrict freedom of movement for most
citizens, permanent residents, and other foreigners.  The
Government places some contractual restrictions on foreign
travel for certain expatriate employees, but this is limited to
the first year of the contract.  Although Brunei has not been
willing to accept asylum seekers, it has agreed in principle,
and subject to certain reservations, to the Comprehensive Plan
of Action adopted by the 1989 International Conference on
Indochinese Refugees.

Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government

Bruneian citizens are unable to change their government through
established democratic processes.  Under the continuing state
of emergency, there is no parliament, and political authority
and control rests in the hands of the ruling monarch.
Individual citizens may seek to express their views or
influence government decisions and policies by petitioning the
Sultan or handing him letters when he appears in public.

The only form of popular representation lies in a traditional
system of village chiefs who, since 1992, are elected by secret
ballot by all adults.  These leaders communicate constitutents'
wishes through a variety of channels, including periodic
meetings, chaired by the Home Affairs Minister, with several
officials appointed by the Sultan.

Substantial numbers of women serve at the junior and middle
levels of Brunei's large government bureaucracy.  Nevertheless,
at higher levels of the bureaucracy a clear pattern of
discrimination exists.  Since independence, no woman has been
appointed to head a ministry, and women continue to be passed
over despite the fact that there are by now a number of
well-qualified candidates for promotion to positions at
permanent secretary and deputy minister levels.  A woman now
serves as an intermediate court judge, the highest judicial
position held by Bruneians.

Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights

There are no government or private organizations in Brunei that
deal specifically with the protection of human rights.  Given
the tight restrictions on freedom of speech and press and the
Government's unwillingness to tolerate criticism, any group or
individual attempting to investigate and report publicly on
human rights issues would face severe constraints.  There were
no known allegations of abuses or requests to visit by
international human rights groups.

Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status

     Women

In accordance with Koranic precepts, women in Brunei are denied
equal status with men in a number of important areas, such as
divorce, inheritance, and custody of children.  Under the
Brunei Nationality Act, citizenship is passed on through males
only.  Female citizens of Brunei who are married to foreigners
or bear children by foreign fathers cannot pass on Bruneian
citizenship to their children, even when such children are born
in Brunei.  This has resulted in creation of a sizable
population of stateless children, estimated at more than 5,000
residents, who are entitled to live in Brunei and be documented
for travel by the Government, but who cannot enjoy the full
privileges of citizenship, including the right to own land.

Although men are eligible for permanent positions in government
service whether or not they hold university degrees, women who
do not have university degrees are eligible to hold government
positions only on a month-to-month basis.  While recent changes
eliminated some previous inequities, women in month-to-month
positions continue to receive slightly less annual leave and
fewer allowances than their male and female counterparts in
permanent positions.

Religious authorities strongly encourage Brunei Muslim women to
wear the tudong, a traditional head covering, and many women do
so.  Some Muslim women do not, however, and there is no
official pressure on non-Muslim women to do so.  All female
students in government-operated schools are required to wear
the tudong, however, while students in nongovernment schools
are officially encouraged to wear it.

The extent to which spousal abuse may occur and go unreported
is not known.  However, in response to a growing perception
that domestic violence is a serious problem, the police
established a special unit to investigate allegations of
spousal abuse in October.  Approximately 20 cases of domestic
abuse were reported to police in the first half of 1994.  The
Government has established a shelter for abused women, and
reportedly there were three residents there in 1994.

The criminal penalty for a minor domestic assault is 1 to 2
weeks in jail and a fine.  An assault resulting in serious
injury would be punished by caning and a longer jail sentence.
One area of apparent abuse involves female domestic servants.
While the level of violence in Bruneian society is low, there
is less taboo about the beating of servants--or refusing them
the right to leave the house on days off, sometimes on grounds
that they "might encounter the wrong company."  Since most
female domestics are foreign workers who are highly dependent
on their employers, those subject to abuse may be unwilling or
unable to bring complaints, either to Bruneian authorities or
to their governments' embassies in Brunei.  When such
complaints are brought, however, the Government is generally
quick to investigate allegations of abuse and impose fines and
punishment as warranted.

There are no separate pay scales for men and women, and in
recent years there has been a major influx of women into the
work force.  Women serve in a wide variety of capacities in
Brunei's armed forces, although they may not serve in combat.
The number of female university graduates is increasing, and
nearly two-thirds of UBD's entering class is female.

     Children

There are no published statistics 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 provides most children a healthy and
nurturing environment.  With a few exceptions involving small
villages in extremely remote areas, nutritional standards are
high and poverty is almost unknown.  Instances of child abuse
appear low, and child prostitution seems to be nonexistent.

     Indigenous People

The 6 percent of Brunei's population that is composed of
indigenous peoples has long been integrated into Bruneian
society, and enjoys the same rights as other citizens.

     National/Racial/Ethnic Minorities

Some members of non-Malay minorities, such as ethnic Chinese,
including those born and raised in Brunei, are not
automatically accorded citizenship and must travel abroad as
stateless persons.

     People with Disabilities

While no legislation mandates accessibility or other assistance
to disabled persons, they are well integrated into Brunei
society and the workplace, due mainly to past and ongoing
efforts of the Government and associations to raise public
consciousness.

Section 6  Worker Rights

     a.  The Right of Association

Trade unions are legal in Brunei but must be registered with
the Government.  There are three generally inactive registered
trade unions, all of them in the oil sector, with a total
membership amounting to less than 5 percent of that industry's
work force.  All workers, including civil servants other than
those serving in the military and police, may form or join
trade unions.  Unions are independent of the Government.  The
Trade Unions Act of 1962 permits the formation of trade union
federations in Brunei but forbids affiliation with labor
organizations outside Brunei.  An individual contract is
required between an employer and each employee, but legal trade
union activities cannot be deemed to violate employee
contracts.  Local legal experts interpret this provision as
conferring the right to strike, but there have been no
strikes.  Brunei is not a member of the International Labor
Organization.

     b.  The Right to Organize and Bargain Collectively

The Government has not prevented the legal registration of
trade unions, nor has it dissolved any.  The Government did not
interfere with lawful union activity.  It is illegal to refuse
employment or discriminate against an employee on the basis of
membership or nonmembership in a trade union.  While unions are
legal and easy to register, conditions in Brunei are not
conducive to the development of trade unions.  There is little
interest on the part of workers in forming trade unions, and
existing unions are not very active.  Brunei law is silent on
collective bargaining, and it occurs in only a few industries.
There are few industries of the kind in which unions have
traditionally developed.  Also, cultural tradition favors
consensus over confrontation.  Wage and benefit packages are
based on market conditions and tend to be generous.

There are no export processing zones.

     c.  Prohibition of Forced or Compulsory Labor

The law prohibits forced labor, and it is not practiced.

     d.  Minimum Age for Employment of Children

Chapter XI of the Labor Enactment Laws of 1954 prohibits
employment of children below the age of 16.  Parental consent
and approval by the Labor Commission is required for those
below the age of 18.  Women under 18 may not work at night or
on offshore oil platforms.  The Department of Labor (DOL),
which is a part of the Ministry of Home Affairs, effectively
enforces laws on the employment of children.  There were no
reports of violations of the child labor laws in 1994.

     e.  Acceptable Conditions of Work

Skilled labor is in short supply, and market forces enable most
citizens of Brunei to command good salaries.  Brunei has no
minimum wage.  The standard workweek is Monday through Thursday
and Saturday, with Friday and Sunday off, allowing for two
24-hour rest periods each week.  Overtime is paid for work in
excess of 48 hours a week, and double time is paid for work
performed on legal holidays.  Occupational health and safety
standards are established by government regulations.  The DOL
inspects working conditions on a routine basis and in response
to complaints.  The DOL generally enforces labor regulations
effectively.  However, in the unskilled labor sector
enforcement is lax, especially for foreign laborers.  The DOL
is empowered to close any workplace where health, safety, or
working conditions are unsatisfactory, and it has done so in
the past.