Jump to content

LGBT rights in Brunei: Difference between revisions

From Wikipedia, the free encyclopedia
Browse history interactively
← Previous editNext edit →
Content deleted Content added
VisualWikitext
https://www.hrw.org/news/2022/05/09/hrw-letter-president-joe-biden-re-human-rights-and-us-asean-special-summit does not say moratorium was lifted. June 2022 State Dep report added saying it was still in place then and other refs
Tag: Reverted
Line 7: Line 7:
| caption = [[Brunei]]
| caption = [[Brunei]]
| legal_status = Illegal: Islamic [[Sharia]] Law is applied
| legal_status = Illegal: Islamic [[Sharia]] Law is applied
| penalty =Death by stoning, prison, or 100 lashes<ref name="April2019">[https://www.bbc.com/news/world-asia-47769964 Brunei implements stoning to death under new anti-LGBT laws]</ref><ref name="April32019">[https://www.abc.net.au/news/2019-04-03/brunei-introduces-sharia-law-lgbt-whipping-stoning-to-death/10959618 Brunei enacts Islamic laws to punish gay sex with stoning to death – here's what you need to know]</ref><ref name="May2019">[https://www.abc.net.au/news/2019-05-08/brunei-moratorium-death-penalty-gay-sex-remains-illegal/11087848 Brunei won't impose death penalty for gay sex – but it's still illegal]</ref> along with a maximum 10-year imprisonment or 40 lashes of a cane for women<ref name="AFP"/>
| penalty =Death by stoning (in abeyance), prison, or 100 lashes for men;<ref name="April2019">[https://www.bbc.com/news/world-asia-47769964 Brunei implements stoning to death under new anti-LGBT laws]</ref><ref name="April32019">[https://www.abc.net.au/news/2019-04-03/brunei-introduces-sharia-law-lgbt-whipping-stoning-to-death/10959618 Brunei enacts Islamic laws to punish gay sex with stoning to death – here's what you need to know]</ref><ref name="May2019">[https://www.abc.net.au/news/2019-05-08/brunei-moratorium-death-penalty-gay-sex-remains-illegal/11087848 Brunei won't impose death penalty for gay sex – but it's still illegal]</ref> maximum 10-year imprisonment or 40 lashes of a cane for women<ref name="AFP"/>
| gender_identity_expression = Transgender people not allowed to change sex or name in official documents. Sex reassignment surgery is illegal.
| gender_identity_expression = Transgender people not allowed to change sex or name in official documents. Sex reassignment surgery is illegal.
| recognition_of_relationships = No recognition of same-sex unions
| recognition_of_relationships = No recognition of same-sex unions
Line 14: Line 14:
| discrimination_protections = No
| discrimination_protections = No
}}
}}
'''Lesbian, gay, bisexual, and transgender (LGBT)''' persons in '''Brunei''' face legal challenges not experienced by non-[[LGBT]] residents. [[Homosexuality]] is illegal in [[Brunei]]. Sexual relations between men are punishable by death or whipping; sex between women is punishable by [[caning]] or imprisonment. The sultanate had a moratorium in effect on the death penalty.<ref name="CNN-20190505"/><ref name="April32019"/> It was recently lifted.<ref>https://www.hrw.org/news/2022/05/09/hrw-letter-president-joe-biden-re-human-rights-and-us-asean-special-summit</ref>
'''Lesbian, gay, bisexual, and transgender (LGBT)''' persons in '''Brunei''' face legal challenges not experienced by non-[[LGBT]] residents. [[Homosexuality]] is illegal in [[Brunei]]. Sexual relations between men are punishable by death or whipping; sex between women is punishable by [[caning]] or imprisonment. The sultanate applied a moratorium on the death penalty in 2019, which in still in effect {{As of|2022|05|alt=as at May 2022}}.<ref name="CNN-20190505"/><ref name="April32019"/><ref>{{multiref2
|1={{cite report |author1=Office of International Religious Freedom|author2=United States Department of State |title=2021 Report on International Religious Freedom: Brunei |url=https://www.state.gov/reports/2021-report-on-international-religious-freedom/brunei/ |publisher=United States Department of State |date=June 2, 2022 |quote=A 2019 de facto moratorium on the death penalty remained in place.}}
|2={{cite news |last1=Kelleher |first1=Patrick |title=11 countries where LGBTQ+ people still face death penalty urged to abolish it |url=https://www.pinknews.co.uk/2022/05/17/lgbtq-death-penalty-idahobit/ |work=PinkNews |date=17 May 2022 |quote=According to Human Dignity Trust, the death penalty is implemented in Iran, Northern Nigeria, Saudi Arabia, Somalia and Yemen, and remains a "legal possibility" in Afghanistan, Brunei, Mauritania, Pakistan, Qatar and UAE.}}
|3={{cite news |last1=Yee |first1=Claudia |title=What explains Brunei’s expansion of the death penalty in 2019? |url=https://www.monash.edu/law/research/eleos/blog/eleos-justice-blog-posts/what-explains-bruneis-expansion-of-the-death-penalty-in-2019 |work=ELEOS |publisher=Monash University |language=en |date=31 August 2021}}
|4={{cite news |last1=Patto |first1=Kasthuri |title=ASEAN Summit Should Draw Attention to Brunei's Appalling Human Rights Record |url=https://thediplomat.com/2021/10/asean-summit-should-draw-attention-to-bruneis-appalling-human-rights-record/ |work=The Diplomat: Know the Asia-Pacific |date=29 October 2021 |quote=The moratorium is still in place, but the human rights situation in Brunei remains appalling.}}
}}</ref>


[[OutRight Action International]] has described Brunei as "the country that has the most worrisome state of rights for LGBT people in Southeast Asia". LGBT Bruneians feel the need to remain very discreet about their sexual orientation.<ref name="huffington"/>
[[OutRight Action International]] has described Brunei as "the country that has the most worrisome state of rights for LGBT people in Southeast Asia". LGBT Bruneians feel the need to remain very discreet about their sexual orientation.<ref name="huffington"/>
Line 48: Line 53:
|-
|-
| Same-sex sexual activity legal
| Same-sex sexual activity legal
| |[[File:X mark.svg|15px|No]]/[[File:Skull and crossbones.svg|15px|No]] (Penalty: Up to death, prison for life with 100 lashes,<ref name="May2019"/><ref name="April2019"/><ref name="April32019"/> or [[caning]].<ref name="AFP"/>)
| |[[File:X mark.svg|15px|No]]/[[File:Skull and crossbones.svg|15px|No]] (Penalty: Death penalty (commuted by moratorium, moratorium lift could be pending {{As of|2019|5|6|df=y|lc=y}}<ref name="CNN-20190505"/>) prison or 100 lashes for men.<ref name="May2019"/><ref name="April2019"/><ref name="April32019"/> Prison or [[caning]] for [[lesbians]].<ref name="AFP"/>)
|-
|-
| Equal age of consent
| Equal age of consent
Line 93: Line 98:
|-
|-
| [[Men who have sex with men|MSM]]s allowed to [[MSM blood donor controversy|donate blood]]
| [[Men who have sex with men|MSM]]s allowed to [[MSM blood donor controversy|donate blood]]
| [[File:X mark.svg|15px|No]]<ref>{{cite web|url=http://www.sanquin.nl/bloed-geven/bloeddonor-worden/aanmeldingsprocedure/bloed-wordt-getest/hiv/risicofactoren-mannen/ |title=Archived copy |access-date=2014-12-23 |url-status=dead |archive-url=https://web.archive.org/web/20150406171039/http://www.sanquin.nl/bloed-geven/bloeddonor-worden/aanmeldingsprocedure/bloed-wordt-getest/hiv/risicofactoren-mannen/ |archive-date= 6 April 2015 }}</ref>
| [[File:X mark.svg|15px|No]]<ref>{{cite web |url=http://www.sanquin.nl/bloed-geven/bloeddonor-worden/aanmeldingsprocedure/bloed-wordt-getest/hiv/risicofactoren-mannen/ |title=Hiv: risicofactoren voor mannen|trans-title=HIV: Risk factors for men |access-date=2014-12-23 |url-status=dead |archive-url=https://web.archive.org/web/20150406171039/http://www.sanquin.nl/bloed-geven/bloeddonor-worden/aanmeldingsprocedure/bloed-wordt-getest/hiv/risicofactoren-mannen/ |archive-date= 6 April 2015|language=nl |publisher=Sanquin Netherlands}}{{irrelevant citation|date=June 2022}}</ref>{{irrelevant citation|date=June 2022|reason=Cite is to DUTCH Blood bank; does not mention Brunei.}}<ref>{{cite press release|author1=Ministry of Health |author2=Brunei Darussalam |title=Message by the Honourable Dato Seri Setia, Dr Haji Zulkarnain, Bin Haji Hanafi, Minister of Health, on the occasion of World Blood Donor Day. Theme: 'What can you do? Give blood. Give now. Give often' |url=https://www.moh.gov.bn/Lists/CO_Announcements/NewDispForm.aspx?ID=71 |publisher=www.moh.gov.bn |date=14 June 2017}}</ref>
|}
|}


Line 107: Line 112:
== External links ==
== External links ==
* [https://web.archive.org/web/20190127183017/https://www.thebruneiproject.com/about.html The Brunei Project]
* [https://web.archive.org/web/20190127183017/https://www.thebruneiproject.com/about.html The Brunei Project]
* {{cite web |title=HRW Letter to President Joe Biden Re: Human Rights and the US-ASEAN Special Summit |url=https://www.hrw.org/news/2022/05/09/hrw-letter-president-joe-biden-re-human-rights-and-us-asean-special-summit |website=Human Rights Watch |language=en |date=9 May 2022}}


{{Brunei topics}}
{{Brunei topics}}

Revision as of 04:14, 6 June 2022

LGBT rights in Brunei
Brunei
StatusIllegal: Islamic Sharia Law is applied
PenaltyDeath by stoning (in abeyance), prison, or 100 lashes for men;[1][2][3] maximum 10-year imprisonment or 40 lashes of a cane for women[4]
Gender identityTransgender people not allowed to change sex or name in official documents. Sex reassignment surgery is illegal.
MilitaryNo
Discrimination protectionsNo
Family rights
Recognition of relationshipsNo recognition of same-sex unions
AdoptionNo

Lesbian, gay, bisexual, and transgender (LGBT) persons in Brunei face legal challenges not experienced by non-LGBT residents. Homosexuality is illegal in Brunei. Sexual relations between men are punishable by death or whipping; sex between women is punishable by caning or imprisonment. The sultanate applied a moratorium on the death penalty in 2019, which in still in effect as at May 2022.[5][2][6]

OutRight Action International has described Brunei as "the country that has the most worrisome state of rights for LGBT people in Southeast Asia". LGBT Bruneians feel the need to remain very discreet about their sexual orientation.[7]

The Brunei Project, established in 2015, seeks to promote human rights, including religious freedom, free speech, and LGBT rights in Brunei through social media. The group organised a private community event in 2016, celebrating Brunei's first "International Day Against Homophobia" event.[8]

Legality of same-sex sexual activity

Prior to the current law, a homosexual act was illegal and punishable by up to 10 years imprisonment, even if it were private and consensual. In 2014, Brunei announced it will begin imposing Sharia law.[7][9] It was scheduled to be enacted on 3 April 2019.[10] American actor George Clooney wrote an open letter calling for the boycott of the Sultan of Brunei's hotels, including The Beverly Hills Hotel and Hotel Bel-Air.[11][12]

When the move to Sharia Law was announced, the United Nations urged Brunei to review its laws in this area, which has been described by many media outlets as "medieval", "uncivilized" and "a return to the Stone Age".[7][9] Their implementation was delayed until April 2019, after the Sultan declared that these laws should be regarded as "special guidance" from God.[10] Sexual relations between men are punished through death by stoning if they admit it or were seen by four eyewitnesses.[1] Sexual relations between women will also be punishable by either being lashed 40 times by a cane or a maximum prison term of 10 years.[4]

LGBT people, as well as the Christian and Buddhist minorities, have been advised by international human rights activists to remain discreet in the country. Anyone caught "tarnishing the image of Islam" is heavily punished.[9]

In May 2019, after widespread international condemnation and media attention, the Brunei government temporarily extended its moratorium on the death penalty to the Sharia criminal code, so death sentences are substituted by stoning.[5][13] Thwe moratorium has been recently lifted.[14]

Gender identity and expression

Brunei does not allow changing one's name or gender on official documents.[15] Sex reassignment surgery is not allowed.[16]

On 11 March 2015, a civil servant was fined B$1000 under the Sharia Penal Code Order for cross-dressing.[17][18]

Living conditions

The LGBT community in Brunei is very hidden and secret. Bruneian society tends to associate homosexuality with "effeminate men".[19]

In 2011, academics at the University of Brunei made a formal study of gay people in Brunei. The study illustrated how they chose to remain silent and discreet about their sexual orientation. The researchers were only able to find 29 LGBT respondents, some of whom were foreigners.[19] The country had a total population of 460,345 as of 2020.[20]

2017 United States Department of State report

In 2017, the United States Department of State reported the following, concerning the status of LGBT rights in Brunei:[21]

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
Secular law criminalizes "carnal intercourse against the order of nature". In July Chapter 22 of the Penal Code Order was amended to increase the minimum sentence for such carnal intercourse to between 20 and 50 years' incarceration. The amendment was primarily applied in cases of rape or child abuse wherein both attacker and victim are male, because existing law covers only assault of a woman by a man. The SPC bans "liwat" (anal intercourse) between men or between a man and a woman who is not his wife. If implemented, this law would impose death by stoning. The SPC also prohibits men from dressing as women or women dressing as men "without reasonable excuse" or "for immoral purposes". There were no known convictions during the year.
Members of the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community reported unofficial and societal discrimination in public and private employment, housing, recreation, and in obtaining services including education from state entities. LGBTI individuals reported intimidation by police, including threats to make public their sexuality, to hamper their ability to obtain a government job, or to bar graduation from government academic institutions. Members of the LGBTI community reported the government monitored their activities and communications. Events on LGBTI topics were subject to restrictions on assembly and expression. The LGBTI community reported that the government would not issue permits for such events.

Summary table

Same-sex sexual activity legal No/No (Penalty: Death penalty (commuted by moratorium, moratorium lift could be pending as of 6 May 2019[5]) prison or 100 lashes for men.[3][1][2] Prison or caning for lesbians.[4])
Equal age of consent No
Anti-discrimination laws in employment No
Anti-discrimination laws in the provision of goods and services No
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) No
Same-sex marriage(s) No
Recognition of same-sex couples No
Stepchild adoption by same-sex couples No
Joint adoption by same-sex couples No
Adoption by single people regardless of sexual orientation No
LGBT people allowed to serve in the military No
Right to change legal gender No Laws against men dressing as women and vice versa.
Access to IVF for lesbians No
Automatic parenthood for both spouses after birth No
Commercial surrogacy for gay male couples No
MSMs allowed to donate blood No[22][irrelevant citation][23]

See also

References

  1. ^ a b c Brunei implements stoning to death under new anti-LGBT laws
  2. ^ a b c Brunei enacts Islamic laws to punish gay sex with stoning to death – here's what you need to know
  3. ^ a b Brunei won't impose death penalty for gay sex – but it's still illegal
  4. ^ a b c Brunei introduces stoning to death for gay sex, adultery
  5. ^ a b c "Brunei backs down on gay sex death penalty after international backlash". CNN. Retrieved 6 May 2019.
  6. ^
  7. ^ a b c Mosbergen, Dominique (15 October 2015). "Brunei's LGBT Community Faces Terrifying Future". The Huffington Post. Retrieved 2 April 2019.
  8. ^ Welcome to IDAHOT Newbies!
  9. ^ a b c Michaelson, Jay (22 April 2014). "Brunei Returns to the Stoning Age". The Daily Beast. Retrieved 2 April 2019.
  10. ^ a b Barnes, Tom (28 March 2019). "LGBT+ people to be stoned or whipped to death in Brunei under new sex law". The Independent. Retrieved 2 April 2019.
  11. ^ Westcott, Ben (27 March 2019). "Brunei to punish gay sex and adultery with death by stoning". CNN. Retrieved 2 April 2019.
  12. ^ Clooney, George (28 March 2019). "George Clooney: Boycott Sultan of Brunei's Hotels Over Cruel Anti-Gay Laws". Deadline Hollywood. Retrieved 28 March 2019.
  13. ^ "Brunei death penalty moratorium applied to new Shariah laws".[dead link]
  14. ^ https://www.hrw.org/news/2022/05/09/hrw-letter-president-joe-biden-re-human-rights-and-us-asean-special-summit
  15. ^ "ILGA Trans Legal Mapping Report 2017" (PDF). Retrieved 7 March 2021.
  16. ^ mmoneymaker (20 June 2017). "LGBTIQ Rights in Southeast Asia - Where We Stand and Pathway Forward". Global LGBT Human Rights Organization | OutRight. Retrieved 23 July 2019.
  17. ^ Ak Md Khairuddin Pg Harun (11 March 2015). "Bruneian civil servant fined $1,000 for cross-dressing". Brunei Times. Archived from the original on 13 March 2015. Retrieved 2 April 2019.
  18. ^ "Country Profile – Brunei". Human Dignity Trust. 2019. Retrieved 2 April 2019.
  19. ^ a b Gay Life in Brunei
  20. ^ "Department of Economic Planning and Development - Population". www.depd.gov.bn. Retrieved 12 December 2017.
  21. ^ BRUNEI 2017 HUMAN RIGHTS REPORT Public Domain This article incorporates text from this source, which is in the public domain.
  22. ^ "Hiv: risicofactoren voor mannen" [HIV: Risk factors for men] (in Dutch). Sanquin Netherlands. Archived from the original on 6 April 2015. Retrieved 23 December 2014.[irrelevant citation]
  23. ^ Ministry of Health; Brunei Darussalam (14 June 2017). "Message by the Honourable Dato Seri Setia, Dr Haji Zulkarnain, Bin Haji Hanafi, Minister of Health, on the occasion of World Blood Donor Day. Theme: 'What can you do? Give blood. Give now. Give often'" (Press release). www.moh.gov.bn.
Retrieved from "https://en.wikipedia.org/w/index.php?title=LGBT_rights_in_Brunei&oldid=1091749795"