The International Commission of Jurists (The ICJ) deplores the enactment of a new penal code by Brunei Darussalam that violates Human Rights of LGBT community, women, and many others.
The October 2013 enactment of a new code by Brunei Darussalam has been condemned by the International Commission of Jurists (The ICJ). If implemented, the new code would lead to serious human rights violations by reintroducing the death penalty and imposing other cruel and inhuman punishment, including stoning, on a number of acts including consensual same sex relations.
The Shariah Penal Code, enacted by the government of Brunei Darussalam in October 2013, is due to take effect in April 2014. The 2013 Penal Code will reintroduce the death penalty after years of an effective moratorium in the country, and provide for stoning and other forms of torture and ill treatment for a range of ‘mis-conduct’.
The 2013 Penal Code provides for the death penalty as a possible penalty – for both Muslims and non-Muslims – for the crimes of robbery (Article 63), rape (Article 76), adultery and sodomy (Article 82). It also is prescribed as a penalty – for Muslims only – upon conviction for acts constituting extramarital sexual relations (Article 69).
“These provisions in the 2013 Penal Code are a serious step back for Brunei,” said Sam Zarifi, ICJ regional director for Asia & the Pacific, in a letter to the Prime Minister, H.M. Haji Hassanal Bolkiah. “These provisions are not in accord with the commitment made by Brunei as a member of the Association of Southeast Asia Nations to promote and protect human rights in the region.”
In the open letter, the ICJ also stressed that the Shariah Penal Code Order 2013 is clearly incompatible with international human rights law and standards that prohibit discrimination against women and protect the rights to religious freedom and freedom of opinion and expression. The law also criminalizes adultery, extramarital sexual relations and consensual same sex relations, in contravention of international standards.
Read the full letter from the ICJ here.
The October 2013 enactment of a new code by Brunei Darussalam has been condemned by The International Commission of Jurists (The ICJ). If implemented, the new code would lead to serious human rights violations by reintroducing the death penalty and imposing other cruel and inhuman punishment, including stoning, on a number of acts including consensual same sex relations.
The Shariah Penal Code, enacted by the government of Brunei Darussalam in October 2013, is due to take effect in April 2014. The 2013 Penal Code will reintroduce the death penalty after years of an effective moratorium in the country, and provide for stoning and other forms of torture and ill treatment for a range of ‘mis-conduct’.
The 2013 Penal Code provides for the death penalty as a possible penalty – for both Muslims and non-Muslims – for the crimes of robbery (Article 63), rape (Article 76), adultery and sodomy (Article 82). It also is prescribed as a penalty – for Muslims only – upon conviction for acts constituting extramarital sexual relations (Article 69).
“These provisions in the 2013 Penal Code are a serious step back for Brunei,” said Sam Zarifi, ICJ regional director for Asia & the Pacific, in a letter to the Prime Minister, H.M. Haji Hassanal Bolkiah. “These provisions are not in accord with the commitment made by Brunei as a member of the Association of Southeast Asia Nations to promote and protect human rights in the region.”
In the open letter, the ICJ also stressed that the Shariah Penal Code Order 2013 is clearly incompatible with international human rights law and standards that prohibit discrimination against women and protect the rights to religious freedom and freedom of opinion and expression. The law also criminalizes adultery, extramarital sexual relations and consensual same sex relations, in contravention of international standards.
Read the full letter from the ICJ here.
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Reader's Comments
Again the state or government is using its constitutional religion to dictate, control and shape its citizens' social ethics and sexual behaviors, in a so-called democratic nation.
The almost similar situation and awful fate happens in other Muslim dominated countries in South East Asia region, such as Malaysia and Indonesia.
May god bless the LGBT communities in these countries, with a stronger 'rainbow lights' enlightening the authorities' heart and mentality...
with good people including gay people. Our friends took us to
several house parties on our short stay. It is very strange that
the Sultan of Brunei, who is actually the ruler of Brunei, will
allowed this legislation to pass. Maybe, he has to walk a tight
rope between the ruling families of Brunei and his plan to
modernize his country. I am almost certain that someone there
told us even though they purchase material possessions, the
reality is that the Sultan owns everything. So, how does the
word democracy apply to Brunei? Now, like Fridae.asia says
"stay on topic". This law is yet another example of anyones
religious beliefs interfering with human nature. These people
who propose and pass these laws act like they have no gay
members in there family. There response to someone not
being or following there beliefs is to kill them by stoning or
condemning them to length jail term. The hypocrisy of it
all is "It's all well and good until they or a family member is
caught involved in one of these acts" Then there is always
a big cover up. I find it so funny that all religions preach
love and understanding but let's go stone someone. Don't
these religious fanatics realize that we are here to stay?
Brunei has proudly declared its intention to transform itself into the 'Saudi Arabia' of South East Asia by 2035. Now, for those readers who have never visited Brunei before (and would probably rule out visiting Brunei in the foreseeable future), you need to be aware of the fact that Brunei practices absolute monarchy which means the Sultan has a final say on everything that's happening in the country. More importantly, the wealth of the country technically belongs to the royal family and they can do whatever they want with the oil money that's been sustaining the economy of Brunei since its independence from Britain in the 80s.
Now, one would assume that such a wealthy country would flourish organically but unfortunately, there really isn't much development in the country itself. The capital, Bandar Seri Begawan, looks much like how it was in the 90s with only sporadic sprinkling of new government buildings throughout the past decade or so. Apart from the oil and gas industry, the biggest employer in Brunei is clearly the government which employs more civil servants than they'll ever need.
There's no social activism whatsoever and for most parts, the native people of Brunei couldn't care less because they've always enjoyed a higher than average standard of living for as long as they can remember. Now imagine a country where you don't have to pay taxes and almost everything is subsidized, in addition to all kinds of financial handouts, you pretty much get a country living in complacency. No one would complain when the times are good. Unfortunately, nothing that the government does is sustainable in the long run.
The blame for this whole mess should lie solely upon the ruling family of Brunei. They certainly don't live a religiously pious existence. Run a search on "Brunei royalty" and you'll see a plethora of news and testimonies from people well accustomed to the unscrupulous indulgence of the Sultan and his family. They spend more time in London than they do in Brunei! It's then ironic that the Sultan chooses to control his people via religious authority; it's just plain ludicrous. In this case, the problem isn't with Islam - the religion. It's what greedy, power obsessed people do with religions that leads to the problem that we see and hear about from all corners of the globe.
Mark Twain
Brunei Darussalam's govt is confused as to who's who !!!
"In this case, the problem isn't with Islam - the religion. It's what greedy, power obsessed people do with religions that leads to the problem that we see and hear about from all corners of the globe."
I guarantee that if any of these new laws were to apply to Brunei's Royal family that the laws would never see the light of day.
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