Freedom in the World 2018 - Brunei

Freedom Status: Not Free

Aggregate Score: 28 (0 = Least Free, 100 = Most Free)
Freedom Rating: 5.5 (1 = Most Free, 7 = Least Free)
Political Rights: 6 (1 = Most Free, 7 = Least Free)
Civil Liberties: 5 (1 = Most Free, 7 = Least Free)

Quick Facts

Population: 400,000
Capital: Bandar Seri Begawan
GDP/capita: $30,968
Press Freedom Status: Not Free

OVERVIEW

Brunei is an absolute monarchy in which the sultan exercises executive power, and in which there are no elected representatives at the national level. Freedom of the press and of assembly are significantly restricted. Online speech is monitored by authorities, but lively nevertheless.

Key Developments in 2017:

• Nineteen Indian residents of Brunei were fined in February for gathering without a permit to support playing a south Indian sport called Jallikattu.

• In July, a government employee was charged with sedition after criticizing on Facebook new government halal certification regulations, and expressing concern about the impact they might have on local businesses.

• Brunei delayed implementation of further phases of its Sharia-based penal code. The first phase was implemented in 2014.

POLITICAL RIGHTS: 6 / 40 (Â--1)

A. ELECTORAL PROCESS: 0 / 12

The hereditary sultan, Hassanal Bolkiah Mu'izzaddin Waddaulah, is the head of state and prime minister, and continues to wield broad powers under a long-standing state of emergency imposed in 1984.

In 2017, Brunei appeared, in the fiftieth year of the sultan's rule, to be paving the way for Hassanal's son, Prince Al-Muhtadee Billah, to eventually take power. There are no indications that any transition would also involve moving away from a traditional monarchy.

The unicameral Legislative Council has no political standing independent of the sultan, who appoints most members. Brunei has not held direct legislative elections since 1962.

Elections are held for village-level councils that play a consultative role, though candidates are vetted by the government.

There are no national-level electoral laws, since there have not been any national, direct legislative elections in over five decades.

B. POLITICAL PLURALISM AND PARTICIPATION: 3 / 12

Genuine political activity by opposition groups remains extremely limited. The National Development Party (NDP) was permitted to register in 2005 after pledging to work as a partner with the government and swearing loyalty to the sultan; it is the only registered party.

There are no national-level elections in which opposition forces could gain power. Since the National Solidarity Party was deregistered without explanation in 2008, the NDP has been Brunei's sole legal political party. It has no formal political role, few activities in practice, and a small membership, and is unable to challenge the sultan's power in any meaningful way.

The dominance of the sultan and lack of elections leaves people with few avenues for genuine and autonomous political participation. However, people have some very limited ability to challenge unpopular policies through the organization of social movements. In 2015, for example, authorities found a compromise solution to address the concerns of vendors who had been ordered to relocate. Analysts suggested that the government was amenable to the compromise because it aided the sultan's public image.

Ethnic and religious minorities have few opportunities for political participation, even on a local level. Village council candidates must be Muslim, and ministers and deputy ministers must be Muslim and Malay unless the sultan grants an exception.

C. FUNCTIONING OF GOVERNMENT: 3 / 12

None of Brunei's national-level policymakers are chosen through elections. The sultan wields broad powers, and is advised by appointed advisory bodies and the appointed legislature.

The government claims to have a zero-tolerance policy on corruption, and its Anti-Corruption Bureau has successfully prosecuted a number of lower-level officials. In August 2017, a civil servant in the Defense Ministry was sentenced to six months in jail for misappropriating state funds.

Although the appointed Legislative Council has no independent power, it formally passes the state budget and engages in question-and-answer sessions with government officials. The Council meets once each year for a session lasting approximately two weeks. However, in general there is little transparency in the operations of the Brunei government, and this lack of transparency is exacerbated by the country's lack of press freedom.

CIVIL LIBERTIES: 22 / 60

D. FREEDOM OF EXPRESSION AND BELIEF: 6 / 16

Officials may close newspapers without cause and fine and imprison journalists for up to three years for reporting deemed "false and malicious." Brunei's only television station is state-run. The country's main English-language daily newspaper, the Borneo Bulletin, is controlled by the sultan's family and its journalists often practice self-censorship. Another former English-language newspaper, the Brunei Times, closed abruptly in 2016, allegedly after complaints from the Saudi embassy in Brunei over critical coverage of Saudi hajj policies.

The state religion is the Shafi'i school of Sunni Islam, but the constitution allows for the practice of other religions. Non-Shafi'i forms of Islam are actively discouraged, and marriage between Muslims and non-Muslims is not allowed. Muslims require permission from the Ministry of Religious Affairs to convert to other faiths.

Christians are allowed to hold low-key Christmas celebrations inside churches or at homes, but not outdoors or at shopping malls. In 2017, it appeared that the government no longer issued permits for the construction of new churches.

In 2014, Brunei implemented new criminal regulations based on Sharia law (Islamic law), which include limits on the use of certain words and expressions deemed to be sacred to Islam in reference to other religions. The new code also includes a ban on proselytizing of a religion other than Islam to Muslims or atheists, and requires Muslims to participate in fasts and other religious observances. In 2017, the Brunei government had yet to implement a planned second phase of the law, which prescribes much tougher penalties for violations.

Academic freedom is respected to some extent, although institutions must seek approval from authorities to host visiting scholars, public lectures, and conferences. Scholars reportedly practice self-censorship or release their work under pseudonyms in overseas publications to avoid repercussions in Brunei.

The government utilizes an informant system to monitor suspected dissidents, and online communications are monitored for subversive content. In July 2017, a government employee complained, in a social media post on Facebook, about new government halal certification regulations and the impact that might have on local businesses. He was charged with sedition and pleaded not guilty in September. Nevertheless, Brunei has an active online discussion community.

E. ASSOCIATIONAL AND ORGANIZATIONAL RIGHTS: 3 / 12

Long-standing state-of-emergency laws continue to restrict freedom of assembly. No more than 10 people can assemble for any purpose without a permit, and these laws are frequently enforced. Nineteen Indian residents of Brunei were fined in February 2017 for gathering without a permit to support playing a south Indian sport called Jallikattu.

Most nongovernmental organizations (NGOs) are professional or business groups, although a few work on issues related to social welfare. All groups must register, registration can be refused for any reason, and registered groups can be suspended.

The law guarantees the right to form and join a union, but the agreement that had permitted Brunei's only active union, the Brunei Oilfield Workers Union, is now expired. Strikes are illegal, and collective bargaining is not recognized.

F. RULE OF LAW: 6 /16

Brunei has a dual judicial system of secular and Sharia courts; all senior judges are appointed by the sultan. The courts appear to act independently when handling civil matters, and have yet to be tested in political cases.

Civil and criminal law is based on English common law and is enforced in secular courts, while Sharia is enforced in Sharia courts. People detained under the Internal Security Act (ISA) lack due process rights including the presumption of innocence.

The country's controversial new penal code, based on Sharia law, continued to be delayed; Brunei implemented the first phase of the new code in 2014 but has held off implementing phases two and three, which contain more severe penalties for violations. The Sharia penal code includes rules that apply to non-Muslims as well as Muslims. Many of the new Sharia rules overlap with existing provisions of the civil and criminal codes, but under the new Sharia code there are different sentences and burdens of proof.

Phased amendments to the new Sharia code permit the death penalty for drug-related offenses and other, more serious offenses, but these amendments have not yet been enacted. Brunei retained the death penalty for crimes including drug trafficking before the new Sharia code was launched. Secular law allows for dozens of offenses to be punished by caning. Prison conditions generally meet international standards.

Brunei citizenship is inherited automatically from citizen fathers. Citizen mothers must complete an application to pass citizenship on to children born to a noncitizen father.

Thousands of stateless residents of Brunei, including longtime ethnic Chinese residents, are denied the full rights and benefits granted to citizens. Same-sex sexual activity is a crime, and there are no protections against discrimination against lesbian, gay, bisexual, and transgender (LGBT) individuals.

G. PERSONAL AUTONOMY AND INDIVIDUAL RIGHTS 7 / 16

Freedom of movement is respected. All government employees, domestic and foreign, must apply for permission to travel abroad, but permission is easily obtained. Stateless children do not have free access to education and instead must apply to enroll in schools; if accepted they sometimes have to pay tuition not required of citizens.

Brunei citizens are able to own property and establish businesses, and can establish businesses with relative ease, but protections for private property are not strong. State-linked firms dominate many sectors of the economy and the government heavily subsidizes many sectors. Islamic law generally disadvantages women in cases of inheritance.

Islamic law generally disadvantages women in matters involving divorce and child custody. The new Sharia penal code criminalizes "indecent behavior" and enjoins women to dress "modestly." There is no specific law against domestic violence, and although rape is a crime, spousal rape is not criminalized. The results of a study released in March 2017 by the Women Graduates Association of Brunei Darussalam (PSW) found that more than half of the female respondents had faced sexual harassment at work.

There is no private-sector minimum wage in Brunei. Labor inspections are frequent, but are often aimed at identifying undocumented migrant workers.

Migrants who come to Brunei to serve as household workers are often coerced into involuntary servitude or debt bondage, and can be subject to varying forms of abuse. Workers who overstay visas are regularly imprisoned and, in some cases, caned.

According to the US State Department's 2017 Trafficking in Persons Report, Brunei made its first trafficking conviction in four years during the reporting period. However, authorities still struggle to confront trafficking; for example, the report cited instances in which trafficking victims, particularly foreign victims, were themselves charged with crimes, or were fined.

Explanatory Note: Due to a methodological change affecting certain monarchies, Brunei's aggregate score for political rights declined by one point; for more information see the report methodology.

Scoring Key: X / Y (Z)

X = Score Received
Y = Best Possible Score
Z = Change from Previous Year