Women in Brunei

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Women in Brunei
Two Muslim women in tudungs at an engagement party, Brunei - 20100531.jpg
Two Bruneian women
Gender Inequality Index [1]
Value0.259 (2021)
Rank61st out of 191
Global Gender Gap Index [2]
Value0.680 (2022)
Rank104th out of 146
Pengiran Anak Sarah (Crown Princess of Brunei) in her army cadet uniform in 2009. Pengiran Anak Sarah army cadet.png
Pengiran Anak Sarah (Crown Princess of Brunei) in her army cadet uniform in 2009.

Women in Brunei are women living in Brunei Darussalam. The U.S. Department of State has stated that discrimination against women is a problem in Brunei. [3]

Contents

The law prohibits sexual harassment and stipulates that whoever assaults or uses criminal force, intending thereby to outrage or knowing it is likely to outrage the modesty of a person, shall be punished with imprisonment for as much as five years and caning. The law stipulates imprisonment of up to 30 years, and caning with not fewer than 12 strokes for rape. The law does not criminalise 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 rape. Protections against sexual assault by a spouse are provided under the amended Islamic Family Law Order 2010 and Married Women Act Order 2010. The penalty for breaching a protection order is a fine not exceeding BN$2,000 ($1,538) or imprisonment not exceeding six months.

There is no specific domestic violence law, but arrests have been made in domestic violence cases under the Women and Girls Protection Act. The police investigate domestic violence only in response to a report by a victim. The police were generally responsive in the investigation of such cases. 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 prison sentence.

A special unit staffed by female officers has been established within the police department to investigate domestic abuse and child abuse complaints. A hotline was available for persons to report domestic violence. The Ministry of Culture, Youth, and Sport's Department of Community Development provides counselling for women and their spouses. Based on individual circumstances, some female and minor victims were placed in protective custody while waiting for their cases to be brought to court. Islamic courts staffed by male and female officials offered counselling to married couples in domestic violence cases. Officials did not encourage wives to reconcile with flagrantly abusive spouses. Islamic courts recognise assault as grounds for divorce.

Couples and individuals have the right to decide the number, spacing, and timing of their children, and have access to contraceptive devices and methods through the government and private clinics. According to information gathered by the UN, in 2008 the maternal mortality rate was an estimated 21 deaths per 100,000 live births. Citizens enjoy free medical and health care, including skilled attendance during childbirth, prenatal care, and essential obstetric and postpartum care. Women had equal access to diagnostic and treatment facilities for sexually transmitted diseases. Women had equal access to HIV treatment and counselling, as well as follow-up treatment.

In accordance with the government's interpretation of Qur'anic precepts, Muslim women have rights similar to those of Muslim men in areas such as divorce and child custody. Islamic law requires that males receive twice the inheritance of women. Civil law permits female citizens to pass their nationality on to their children and to own property and other assets, including business properties. Women with permanent positions in the government can now apply for travel allowances for their children. They cannot do so for husbands working in the private sector. With this exception, they receive the same allowance privileges as their college-educated male counterparts. According to government statistics, women made up 57 percent of the civil service force and held 28 percent of senior management posts.

Reproductive rights

Abortion in Brunei is largely illegal, with an exception if a woman's life is danger. Previously, the penalty for receiving an abortion was up to seven years in prison, with 10–15 years for the person performing the abortion. [4] [5] In 2014, Brunei's government implemented Sharia criminal law in a series of phases which was set to increase the punishment for abortion to execution by stoning. [6] This part of the law was to come into effect in 2016, [7] although it's now expected to come into effect in 2018. In 2016, a 22 year old woman was sentenced to seven years in prison for obtaining an abortion using the abortion pill. [8]

Clothing norms

Many Muslim women in Brunei wear traditional head coverings known as the tudong , [9] also spelled as tudung.

Gender roles

In recent years, Bruneian women have started to assume "positions of responsibility" in the Government of Brunei. They are able to take jobs in the armed forces of Brunei; however they are not allowed to serve while in combat situations. [9] Hasimah Abu Bakar was the first woman to be promoted to lieutenant colonel in the Royal Brunei Armed Forces (RBAF) in 2006, [10] and Norsuriati Sharbini was the first to be assigned to colonel in the RBAF in 2021. [11] [12]

Sex trafficking

Citizen and foreign women and girls are sex trafficked in Brunei. [13] [14] [15] [16]

Related Research Articles

<span class="mw-page-title-main">Violence against women</span> Violent acts committed primarily against women and girls

Violence against women (VAW), also known as gender-based violence and sexual and gender-based violence (SGBV), is violent acts primarily or exclusively committed by men or boys against women or girls. Such violence is often considered a form of hate crime, committed against women or girls specifically because they are female, and can take many forms.

<span class="mw-page-title-main">LGBT rights in Brunei</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Brunei face severe challenges not experienced by non-LGBT 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. The moratorium could be revoked at any time.

Rape in the Philippines is considered a criminal offense. In Philippine jurisprudence, it is a heinous crime punishable by reclusión perpetua when committed against women. Rape of males is also legally recognized as rape by sexual assault, which is penalized by imprisonment of six to twelve years.

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Prostitution in Brunei is illegal and can incur a punishment of imprisonment for 1 year and a fine of BN$ 5,000 for a first offence, or 3 years and BN$ 10,000 on a second or subsequent conviction.

Tunisia is a source, destination, and possible transit country for men, women, and children subjected to trafficking in persons, specifically forced labor and forced prostitution. In 2009, one Tunisian female was rescued from forced prostitution in Lebanon. In 2008, two women were rescued from forced prostitution in Jordan and three men from forced labor in Italy. Based on limited available data, some Tunisian girls may be trafficked within the country for involuntary domestic servitude. In 2009 a Tunisian academic published a study on Tunisian domestic workers. The study, conducted in 2008, surveyed 130 domestic workers in the Greater Tunis region and found that 52 percent were under the age of 16; twenty-three percent claimed to be victims of physical violence, and 11 percent of sexual violence. Ninety-nine percent indicated they had no work contracts and the majority received salaries below the minimum wage. These conditions are indicators of possible forced labor.

<span class="mw-page-title-main">Human trafficking in Papua New Guinea</span>

Papua New Guinea is a source, destination, and transit country for men, women, and children subjected to trafficking in persons, specifically forced prostitution and forced labor. Women and children are subjected to commercial sexual exploitation and involuntary domestic servitude; trafficked men are forced to provide labor in logging and mining camps. Children, especially young girls from tribal areas, are most vulnerable to being pushed into commercial sexual exploitation or forced labor by members of their immediate family or tribe. Families traditionally sell girls into forced marriages to settle their debts, leaving them vulnerable to involuntary domestic servitude, and tribal leaders trade the exploitative labor and service of girls and women for guns and political advantage. Young girls sold into marriage are often forced into domestic servitude for the husband’s extended family. In more urban areas, some children from poorer families are prostituted by their parents or sold to brothels. Migrant women and teenage girls from Malaysia, Thailand, China, and the Philippines are subjected to forced prostitution, and men from China are transported to the country for forced labor.

Namibia is a country of origin, transit, and destination for foreign and Namibian women and children, and possibly for men subjected to trafficking in persons, specifically conditions of forced labor and forced prostitution. Traffickers exploit Namibian children, as well as children from Angola and Zambia, through forced labor in agriculture, cattle herding, involuntary domestic servitude, charcoal production, and commercial sexual exploitation. In some cases, Namibian parents unwittingly sell their children to traffickers. Reports indicate that vulnerable Namibian children are recruited for forced prostitution in Angola and South Africa, typically by truck drivers. There is also some evidence that traffickers move Namibian women to South Africa and South African women to Namibia to be exploited in forced prostitution. Namibian women and children, including orphans, from rural areas are the most vulnerable to trafficking. Victims are lured by traffickers to urban centers and commercial farms with promises of legitimate work for good wages they may never receive. Some adults subject children to whom they are distantly related to forced labor or commercial sexual exploitation. Small business owners and farmers may also participate in trafficking crimes against women or children. Victims are forced to work long hours to carry out hazardous tasks, and may be beaten or raped by traffickers or third parties.

Morocco is a source, destination, and transit country for men, women, and children who are subjected to trafficking in persons, specifically forced labor and forced prostitution. Children are trafficked within the country from rural areas to urban centers to work as maids or laborers, or for commercial sexual exploitation. Moroccan men, women, and children are exploited for forced labor and prostitution in European and Middle Eastern countries. Young Moroccan girls from rural areas are recruited to work as child maids in cities, but often experience non-payment of wages, threats, and physical or sexual abuse, and sometimes face restrictions on movement. These practices indicate that these girls are subjected to involuntary servitude. Moroccan boys experience forced labor as apprentices in the artisan and construction industries and in mechanic shops. A few Moroccan men and boys are lured to Europe by fraudulent job offers, and are subsequently forced to sell drugs. In addition, men and women from sub-Saharan Africa, South Asia, and the Philippines enter Morocco voluntarily but illegally with the assistance of smugglers; once in Morocco, some of the women are coerced into prostitution or, less frequently, forced into domestic service. Nigerian gangs, who engage in a variety of criminal activities like human smuggling and drug trafficking, compete to control the trafficking of sub-Saharan Africans in Morocco.

Brunei is a destination, and to a lesser extent, a source and transit country for men and women who are subjected to trafficking in persons, specifically forced labor and forced prostitution. Men and women from Indonesia, Malaysia, the Philippines, Pakistan, India, Bangladesh, China, and Thailand migrate to Brunei for domestic or other low-skilled labor but sometimes face conditions of involuntary servitude upon arrival. There are over 88,000 migrant workers in Brunei, some of whom face debt bondage, non-payment of wages, passport confiscation, confinement to the home, and contract switching – factors that may contribute to trafficking. There were credible reports of nationals from South Asian countries subjected to nonpayment of wages and debt bondage in Brunei for up to two years to pay back foreign recruitment agents. Some of the 25,000 female domestic workers in Brunei were required to work exceptionally long hours without being granted a day for rest, creating an environment consistent with involuntary servitude. There are reports of women forced into prostitution in Brunei, and reports that women arrested for prostitution attest to having been victims of trafficking. Brunei is a transit country for trafficking victims in Malaysia, including Filipinas, who are brought to Brunei for work permit re-authorization before being returned to Malaysia.

Punishment for rape in Pakistan under the Pakistani laws is either death penalty or imprisonment of between ten and twenty-five years. For cases related to gang rape, the punishment is either death penalty or life imprisonment. DNA test and other scientific evidence are used in prosecuting rape cases in Pakistan.

Prosecution of gender-targeted crimes is the legal proceedings to prosecute crimes such as rape and domestic violence. The earliest documented prosecution of gender-based/targeted crimes is from 1474 when Sir Peter von Hagenbach was convicted for rapes committed by his troops. However, the trial was only successful in indicting Sir von Hagenbach with the charge of rape because the war in which the rapes occurred was "undeclared" and thus the rapes were considered illegal only because of this. Gender-targeted crimes continued to be prosecuted, but it was not until after World War II when an international criminal tribunal – the International Military Tribunal for the Far East – were officers charged for being responsible of the gender-targeted crimes and other crimes against humanity. Despite the various rape charges, the Charter of the Tokyo Tribunal did not make references to rape, and rape was considered as subordinate to other war crimes. This is also the situation for other tribunals that followed, but with the establishments of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR), there was more attention to the prosecution of gender-targeted crimes with each of the statutes explicitly referring to rape and other forms of gender-targeted violence.

<span class="mw-page-title-main">Crime in the Philippines</span>

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Abortion in Brunei is legal only when it is done to save a woman's life. In Brunei, a woman who induces her abortion is subject to up to seven years in prison. The penalty for someone who performs an abortion was 10–15 years.

<span class="mw-page-title-main">Caning in Brunei</span> Corporal punishment

Caning is used as a form of judicial corporal punishment in Brunei. This practice is heavily influenced by Brunei's history as a British protectorate from 1888 to 1984. Similar forms of corporal punishment are also used in two of Brunei's neighbouring countries, Singapore and Malaysia, which are themselves former British colonies.

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<span class="mw-page-title-main">Wally Barnett</span> American politician from Nebraska

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Since 1967, Sultan Haji Hassanal Bolkiah has ed, indirectly elected, and ex officio members, met regularly throughout the year and served solely as an advisory body for the purpose of proposing and approving laws and spending plans. The Royal Brunei Police Force (RBPF) and the Internal Security Department (ISD), which are overseen by the Prime Minister's Office and the Ministry of Home Affairs respectively, are in charge of maintaining order and enforcing the law in the nation.

References

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  2. "Global Gender Gap Report 2022" (PDF). World Economic Forum. Retrieved 27 February 2023.
  3. 2010 Human Rights Report: Brunei Darussalam
  4. "Brunei abortion penal code". www.hsph.harvard.edu. Retrieved 2017-06-25.
  5. "Brunei Darussalam". Abortion Policies: A Global Review (DOC). Vol. Country Profiles. United Nations Population Division. 2002. Retrieved 14 March 2017.
  6. Cohen, Sandy (6 May 2014). "Beverly Hills Hotel Boycotted Over Brunei's Sharia Penal Code". Huffington Post. Retrieved 1 December 2014.
  7. Ozanick, Bill (May 21, 2015). "The Implications of Brunei's Sharia Law". The Diplomat. Retrieved 2017-06-25.
  8. "Youth in Abortion Case Set for Time in Jail, fine". www.brudirect.com. Retrieved 2017-06-25.
  9. 1 2 "Culture of Brunei Darussalam - history, people, traditions, women, beliefs, food, customs, family, social". www.everyculture.com. Retrieved 2017-06-25.
  10. "Princess Hjh Masna presents eight women with special achievement awards". www.sultanate.com. 2008-08-20. Retrieved 2024-06-09.
  11. Saerah Haji Abdul Ghani (2016-05-21). "Suntik semangat terus berjuang" (PDF). www.pelitabrunei.gov.bn (in Malay). Retrieved 2024-06-08.
  12. Bachamiya A Hussainmiya (2012-01-01). "Royal Brunei Arrmed Forces 50th anniversary Commemorative History". RBAF 50th Golden Anniversary Commemorative Book. Southeastern University of Sri Lanka: 42.
  13. "2019 Trafficking in Persons Report: Brunei". U.S. Department of State. 2019.
  14. "Brunei intensifying efforts to better detect human trafficking cases". Asia News. August 27, 2018.
  15. "Society has key role in fighting human trafficking". Borneo Bulletin. August 25, 2018.
  16. "Three Thais jailed, face caning for forcing a 17-year-old girl into prostitution in Brunei". The Nation Thailand. April 7, 2016.