LGBTQ rights in Brunei | |
---|---|
![]() Location in Brunei | |
Status | Illegal since 1906 (as a British Protectorate) [1] |
Penalty | |
Gender identity |
|
Military | No |
Discrimination protections | No protections |
Family rights | |
Recognition of relationships | No recognition of same-sex unions |
Adoption | No |
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Brunei face legal challenges not experienced by non-LGBTQ residents. Both male and female expressions of homosexuality are illegal in Brunei. Sexual activity between men is de jure liable to capital punishment, with de facto lesser penalties of imprisonment and whipping applied; sex between women is punishable by caning or imprisonment. The sultanate applied a moratorium on the death penalty in 2019, which was still in effect as of May 2023 [update] . [5] The moratorium could be revoked at any time. [6] [7] [2] [3] [4]
OutRight Action International has described Brunei as "the country that has the most worrisome state of rights for LGBT people in Southeast Asia". LGBTQ Bruneians feel the need to remain very discreet about their sexual orientation. [8]
The Brunei Project, established in 2015, seeks to promote human rights, including religious freedom, free speech, and LGBTQ rights in Brunei through social media. The group organised a private community event in 2016, celebrating Brunei's first "International Day Against Homophobia" event. [9]
Same-sex sexual activity became illegal in Brunei in 1906 when the sultanate became a British Protectorate. Straits Settlements (British territories in southeast Asia) law was applied by the 1906 Courts Enactment, which was repealed and updated by the Courts Enactment 1908. [1]
Homosexual activity remained illegal after Brunei gained independence in 1984. Before the 2019 implementation of the Syariah Penal Code Order (SPCO), homosexual acts were punishable by up to 10 years imprisonment, even if they were private and consensual. From 2014, Brunei began a staged implementation of Sharia (Malay : Syariah) law. [8] [10] Provisions of the SPCO dealing with adultery and sodomy, prescribing death by stoning and corporal punishments, were scheduled to come into force on 3 April 2019. [11]
Following widespread international condemnation and media attention, which included [12] [13] an open letter from American actor George Clooney calling for the boycott of the Sultan of Brunei's luxury hotels—The Beverly Hills Hotel and Hotel Bel-Air among them—the Brunei government extended its moratorium on the death penalty to encompass the SPCO in May 2019. Under the moratorium, the code's death by stoning penalty provisions are not enacted, for as long as the moratorium continues. [14] [15] [16] The moratorium could be lifted at any time by the sultanate, allowing such death-by-stoning punishments to commence. [5] As the sultan is an absolute monarch with full executive power, removing the moratorium and reinstating capital punishment would require minimal process and could occur without warning. [4]
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 media outlets as "medieval", and "uncivilized". [8] [10] Their implementation was delayed until April 2019, after the Sultan declared that these laws should be regarded as "special guidance" from God. [11] LGBTQ people, as well as the Christian and Buddhist minorities, have been advised by international human rights activists to remain discreet in the country. Anyone convicted of "tarnishing the image of Islam" may be heavily punished. [10]
Under the SPCO, the de jure penalty for same-sex sexual relations between men is death by stoning, if married, provided they admit to the acts or four male adult Muslim eyewitnesses testify to the acts. If the evidentiary standards are not met, the maximum penalty is seven years imprisonment and a whipping of thirty strokes. [17] This is also the de facto penalty while the moratorium on the death penalty continues. For unmarried men, one year in prison or 100 lashes is the penalty. [2] Sexual relations between women is punishable by a combination of any two of three stipulated penalties: a caning of forty lashes, a maximum prison term of 10 years, and a fine of up to B$40,000. [6] [18]
Brunei does not allow changing one's name or gender on official documents. [19] Sex reassignment surgery is not allowed. [20]
On 11 March 2015, a civil servant was fined B$1,000 under the Syariah Penal Code Order for cross-dressing. [21] [18]
The LGBTQ community in Brunei is very hidden and secret. Bruneian society tends to associate homosexuality with "effeminate men". [22]
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 LGBTQ respondents, some of whom were foreigners. [22] The country had a total population of 460,345 as of 2020. [23]
In 2017, the United States Department of State reported the following, concerning the status of LGBTQ rights in Brunei: [24]
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 [Sharia Penal Code] 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.
Same-sex sexual activity legal | ![]() |
Equal age of consent | ![]() |
Anti-discrimination laws in employment | ![]() |
Anti-discrimination laws in the provision of goods and services | ![]() |
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) | ![]() |
Same-sex marriage(s) | ![]() |
Recognition of same-sex couples | ![]() |
Stepchild adoption by same-sex couples | ![]() |
Joint adoption by same-sex couples | ![]() |
Adoption by single people regardless of sexual orientation | ![]() |
LGBTQ people allowed to serve in the military | ![]() |
Right to change legal gender | ![]() |
Access to IVF for lesbians | ![]() |
Automatic parenthood for both spouses after birth | ![]() |
Commercial surrogacy for gay male couples | ![]() |
MSMs allowed to donate blood | ![]() |
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Lesbian, gay, bisexual and transgender (LGBT) people in the United Arab Emirates face discrimination and legal challenges. Homosexuality is illegal in the United Arab Emirates (UAE) and under the federal criminal provisions, consensual same-sex sexual activity is punishable by imprisonment; extra-marital sexual activity between persons of different sexes is also illegal. In both cases, prosecution will only be brought if a husband or male guardian of one of the participants makes a criminal complaint. The penalty is a minimum of six months imprisonment; no maximum penalty is prescribed, and the court has full discretion to impose any sentence in accordance with the country's constitution.
Lesbian, gay, bisexual, and transgender (LGBT) people in Armenia face legal and social challenges not experienced by non-LGBT residents, due in part to the lack of laws prohibiting discrimination on the grounds of sexual orientation and gender identity and in part to prevailing negative attitudes about LGBT persons throughout society.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in Angola have seen improvements in the early 21st century. In November 2020, the National Assembly approved a new penal code, which legalised consenting same-sex sexual activity. Additionally, employment discrimination on the basis of sexual orientation has been banned, making Angola one of the few African countries to have such protections for LGBTQ people.
Lesbian, gay, bisexual, transgender and queer or questioning (LGBTQ) people in Algeria face legal challenges and discrimination not experienced by non-LGBTQ residents. According to the International Lesbian and Gay Association's May 2008 report, both male and female types of same-sex sexual acts are illegal in Algeria. Homophobic attitudes are normalised within Algerian society, and LGBTQ people are commonly subjected to discrimination and potential arrest.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Cape Verde are afforded some legal protections, and Cape Verde is considered a gay tolerant country. Homosexual activity has been legal in Cape Verde since 2004. Additionally, since 2008, employment discrimination on the basis of sexual orientation has been banned, making Cape Verde one of the few African countries to have such protections for LGBTQ people.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Sudan face significant challenges not experienced by non-LGBTQ residents. Same-sex sexual activity in Sudan is illegal for both men and women, while homophobic attitudes remain ingrained throughout the nation.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Malaysia face severe challenges not experienced by non-LGBTQ residents. Sodomy is a crime in the country, with laws enforced arbitrarily. Extrajudicial murders of LGBTQ people have also occurred in the country. There are no Malaysian laws that protect the LGBTQ community against discrimination and hate crimes. As such, the LGBTQ demographic in the country are hard to ascertain due to widespread fears from being ostracised and prosecuted, including violence.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Qatar experience legal persecution. Sexual acts between males and between females are illegal in Qatar, with punishment for both Muslims and non-Muslims of up to three years in prison. For Muslims duly convicted in the sharia courts, a judicial sentence of capital punishment for homosexuality is a possibility, though it has never been imposed. Abuse such as beatings and torture, and forced "conversion therapy" have also been used by police and other authorities.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Somalia face severe challenges not experienced by non-LGBTQ residents. Consensual same-sex sexual activity is illegal for both men and women. In areas controlled by al-Shabab, and in Jubaland, capital punishment is imposed for such sexual activity. In other areas, where Sharia does not apply, the civil law code specifies prison sentences of up to three years as penalty. LGBTQ people are regularly prosecuted by the government and additionally face stigmatization among the broader population. Stigmatization and criminalisation of homosexuality in Somalia occur in a legal and cultural context where 99% of the population follow Islam as their religion, while the country has had an unstable government and has been subjected to a civil war for decades.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Eswatini have limited legal rights. According to Rock of Hope, a Swati LGBTQ advocacy group, "there is no legislation recognising LGBTIs or protecting the right to a non-heterosexual orientation and gender identity and as a result [LGBTQ people] cannot be open about their orientation or gender identity for fear of rejection and discrimination." Homosexuality is illegal in Eswatini, though this law is in practice unenforced. According to the 2021 Human Rights Practices Report from the US Department of State, "there has never been an arrest or prosecution for consensual same-sex conduct."
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Laws governing lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights are complex in Asia, and acceptance of LGBTQ people varies. Same-sex sexual activity is outlawed in twenty-one Asian countries. In Afghanistan, Brunei, Iran, Qatar, Saudi Arabia, the United Arab Emirates and Yemen, homosexual activity results in death penalty. In addition, LGBT people also face extrajudicial executions from non-state actors such as the Islamic State of Iraq and the Levant and Hamas in the Gaza Strip. While egalitarian relationships have become more frequent in recent years, they remain rare.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in Africa are generally poor in comparison to the Americas, Western Europe, and Oceania.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Guinea-Bissau face legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity is legal in Guinea-Bissau, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples.
Lesbian, gay, bisexual, and transgender (LGBTQ) people are generally discriminated in the Maldives.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in South Sudan face legal and societal challenges not experienced by non-LGBTQ residents. Male same-sex sexual activity is illegal and carries a penalty of up to 10 years' imprisonment. Active enforcement of the law is not pursued by authorities: No prosecutions are known to have occurred since South Sudan gained its independence in 2011. LGBTQ persons are met with abuse and discrimination from agents of the government and additionally face stigmatisation among the broader population.
The majority of the countries of the Commonwealth of Nations, formerly known as the British Commonwealth, still criminalise sexual acts between consenting adults of the same sex and other forms of sexual orientation, gender identity and expression. Homosexual activity remains a criminal offence in 29 of the 56 sovereign states of the Commonwealth; and legal in only 27.
Capital punishment as a criminal punishment for homosexuality has been implemented by a number of countries in their history. It is a legal punishment in several countries and regions, all of which have Islamic-based criminal laws, except for Uganda.
Capital punishment in Brunei Darussalam is a legal penalty, applicable to a number of violent and non-violent crimes in the Sultanate. Along with offences such as murder, terrorism, and treason, other crimes have become liable to the death penalty since the phased introduction of sharia from 2014. This includes homosexual activity since April 2019. Legal methods of execution in Brunei are hanging and, since 2014, stoning. The last execution in Brunei occurred in 1957, while it was still a British Protectorate.
A 2019 de facto moratorium on the death penalty remained in place.
A 2019 de facto moratorium on the death penalty remained in place.
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.
The moratorium is still in place, but the human rights situation in Brunei remains appalling.