Statement of ASEAN Civil Society Organizations on the Full Enforcement of Sharia Law in Brunei Darussalam
We, the undersigned civil society organizations in the ASEAN region, urge the government of Brunei to immediately halt the full implementation of the Sharia Penal Code (SPC). The said law entails provisions that contradict international human rights standards, including the Universal Declaration of Human Rights (UDHR), Convention on the Rights of the Child (CRC), Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment (CAT), the ASEAN Human Rights Declaration (AHRD) and the ASEAN Charter. Brunei has signed and ratified these instruments, and thereby must show commitment to respect, protect and fulfill its obligations. Moreover, Brunei should recognize the importance of progressive development of human rights therefore moving away from corporal punishment and death penalty.
By enforcing the SPC, Brunei will set a dangerous precedent for its neighbouring countries in Southeast Asia and broader Asia as it perpetuates the practice of violating fundamental freedoms, particularly freedom of expression, in the region.
We acknowledge the Brunei government’s intention to “maintain peace and order and preserve religion, life, family and individuals regardless of gender, nationality, race and faith” being a rationale behind the SPC. However, there are provisions in the law that provides excessive penalties, including whipping, imprisonment and death penalty, against those who commit adultery, consensual same-sex relations, pregnancy out of wedlock, access to abortion, and acts critical of state-interpretation of Islam.
The SPC inevitably ends up disproportionately targeting those who are already vulnerable and socially marginalised, including women, children, lesbian, gay, bisexual, transgender and queer (LGBTQ) people, the economically disadvantaged, religious minorities, and dissenting voices. The penalties imposed by the law, including whipping and stoning to death, constitutes torture, ill-treatment, and inhumane and degrading punishment. As a consequence, this will further silence dissent, create a culture of fear among its people, and further shrink civic space in the country. A country that cares for its citizens needs to look out for those more vulnerable to discrimination, violence and injustice, and seek to protect them first.
By adopting conservative views of morality and excessive punishments, Brunei essentially legitimizes violence. The law and its enforcement will encourage extremist and fundamentalist groups in the region to continue sowing fear, social discord and violence.
We reiterate the commitment of ASEAN Member States Leaders under the ASEAN Community 2025 to realise a rules-based, people-oriented, people-centred community bound by fundamental principles, shared values and norms, in which our peoples enjoy human rights, fundamental freedoms, and social justice. The current situation in Brunei reflects the contrary, and will have negative implication to jeopardise the vision of ASEAN and consequently the identity of ASEAN as a collective region.
We urge Brunei to uphold its name being an “abode of peace”, a society that upholds and respects diversity, where difference is approached with compassion.
We look forward to seeing Brunei become a role model in ASEAN, as the region strives towards the better practices of democracy in partnership with civil society. We hope Brunei will strive to achieve this through the sharing of prosperity and by respecting the equal rights of all.
Signed:
- ASEAN SOGIE Caucus (ASC)
- Human Right Working Group (HRWG)
- Indonesia Legal Aid Foundation (YLBHI)
- Asian Forum for Human Rights and Development (FORUM-ASIA)
- Asian-Pacific Resource and Research Centre for Women (ARROW)
- Asia Pacific Alliance for Sexual and Reproductive Health and Rights (APA)
- Asia Pacific Transgender Network (APTN)
- ILGA Asia
- Intersex Asia
- Asia Pacific Forum on Women, Law and Development (APWLD)
- APCOM
- Youth Voices Count (YVC)
- ASEAN Youth Forum (AYF)
- Sangsan Anakot Yaowachon Development Project (Sangsan), Thailand
- LovePattaya, Thailand
- Sapaan publishing, Thailand
- Health and Opportunity Network, Thailand
- BUKU CLASSROOM, Thailand
- Backyard Politics, Thailand
- The Foundation of Transgender Alliance for Human Rights, Thailand
- Diversity Ants, Thailand
- Foundation for SOGI Rights and Justice, Thailand
- Togetherness for Equality and Action - TEA, Thailand
- Young Pride Club, Thailand
- Phayao Youth News Agency, Thailand
- Foundation for AIDS Rights, Thailand
- Non-binary Thailand
- Hinghoy Noy Organization, Thailand
- Prism Digital Magazine, Thailand
- Thai Network of Youth living with HIV, Thailand
- Prayoonsritrang Group, Thailand
- TAMTANG GROUP Advocacy for Safe Abortion, Thailand
- Service Workers in Group Foundation (SWING), Thailand
- 1448 For All (Marriage Equality For All), Thailand
- TEAK - Trans Empowerment, Thailand
- Thai Positive Women Foundation, Thailand
- B Visible Asia
- Mplus foundation, Thailand
- Namkwan Sky Rainbow Phayao, Thailand
- Bangkok Rainbow, Thailand
- SAGA Thailand - Sexual and Gender Acceptance
- Thai Association of Population and Social Researcher
- HIV HERO THAILAND
- Sexual Studies Association, Thailand
- Women's Wellbeing and Gender Justice Program, Thailand
- Sikhoraphum Youth, Thailand
- Pink Mango, Thailand
- Support Group and Resource Center on Sexuality Studies Indonesia (SGRC UI), Indonesia
- Study and Peace (SPACE) UNJ, Indonesia
- Diponegoro Gender and Human Rights Center (DipoGHRC), Indonesia
- Arus Pelangi, Indonesia
- Iloilo Pride Team, Philippines
- Bahaghari-Iloilo, Philippines
- PELANGI Campaign, Malaysia
- PLUHO, People Like Us Hang Out!, Malaysia
- UniGEN - Leave no one behind, Vietnam
- NYNO - Nam Yeu Nam Organization, Vietnam
- NYNA - Nu Yeu Nu Organization, Vietnam
- Hoa Thi - The Asterisk, Vietnam
- DNP - Working Group for LGBT+ Rights at Dong Nai Province, Vietnam
- ERMC - Equal Rights for Minority Communities, Vietnam
- Indonesian Planned Parenthood Association (IPPA), Indonesia
- Perkumpulan Inti Muda Indonesia
- MyPJ, Malaysia
- Justice for Sisters, Malaysia
- Persatuan Sahabat Wanita Selangor (PSWS), Malaysia
- Manushya Foundation, Thailand
- Beyond Borders, Malaysia
- TNP - Working Group for Human Rights at Tay Ninh Province, Vietnam
- People Like Us Support Ourselves (PLUSOS), Malaysia
- Maruah, Singapore
- Committee for the International Day against Homophobia, Transphobia and Biphobia
- Equal Asia Foundation (EAF)
- Sisters in Islam, Malaysia
- Seksualiti Merdeka, Malaysia
- Queer Lapis, Malaysia
- Art For Grabs, Malaysia
- Centre for Independent Journalism (CIJ), 8Malaysia
- Queer Academics, Students and Supporters Alliance (QUASSA), Malaysia
- IT’S T TIME Organization, Vietnam (ITT)
- PurpleCode Collective, Indonesia
- Serikat Jurnalis Untuk Keberagaman (SEJUK), Indonesia
- Peace Women Across the Globe (PWAG), Indonesia
- Acting for Community Development (ACD TAYNINH), Vietnam
- Tay Ninh LGBTQ’S Community, Vietnam
- PFLAG Viet Nam
- Sanggar Swara, Indonesia
- Southeast Rainbow School, Vietnam
- Nuyeunu.vn, Vietnam
- LGBTIQ Community VietNam
- Sayoni, Singapore
- Simply, I am GAY - fb.me/dongianvitola3d, Vietnam
- Degenderration Confederation, Vietnam
- Malaysian Atheists and Secular Humanists, Malaysia
- Inside Out House, Vietnam
- LEA, Vietnam
- Ychange, Vietnam
- CAMASEAN, Cambodia
- Rainbow Community Kampuchea (ROCK), Cambodia
- Cambodian Center for Human Rights (CCHR), Cambodia
- Pioneer Filipino Transgender Men Movement, Philippines
- Ha Noi Queer, Vietnam
- Sai Gon Queer, Vietnam
- Side B Philippines
- NextGEN Hanoi, Vietnam
- Humanist Alliance Philippines, International (HAPI)
- Shepluspride, Singapore
- LumiQueer, Vietnam
- Salzburg Global LGBT Forum
- APCASO
- Indigenous Women Network Thailand (IWNT)
- 6+, Vietnam
- Jakarta Feminist Discussion Group, Indonesia
- Intersex Philippines
- Lighthouse Social Enterprise - Trung tâm Hỗ trợ Cộng đồng Hải Đăng
- Federation of Reproductive Health Associations, Malaysia
- Nazariya: A Grassroots LGBT-Straight Alliance from India
- Mujer-LGBT Organization Incorporated
- BENTARAKATA
- BIKIR ALAM, Malaysia
- Toffie Is IT Support, Thailand
- Spectrum, Thailand
- Tootsyreview ตุ๊ดส์review, Thailand
- Sirisak Chaited, LGBTIQ & Sex Worker Independent Activist, Thailand
- Pink Money Organization Sexual Diversity, Thailand
- FTM Vietnam Organization
- W.A.Y. Up!, Vietnam
- Colors Rainbow, Myanmar
- &PROUD, Myanmar
- Bi+ Collective Singapore
- International Women`s Partnership for Peace and Justice (IWP), Thailand
- MAP foundation, Thailand
- People’s Empowerment Foundation, Thailand
- Our Journey, Malaysia
- Prout, Singapore
- Pink Dot SG, Singapore
- ALTSEAN-Burma
- GAYa Nusantara Foundation, Indonesia
- Center for Social Group Development (CSGD), Kosovo
- SHINE SOCCSKARGEN, Inc., Philippines