
The state of civic space in Brunei is rated as ‘repressed’ by the CIVICUS Monitor and there has been no documented progress on improvements to fundamental freedoms. Brunei is an absolute monarchy in which the Sultan, the head of state, exercises executive power and in which there are no elected representatives at national level. The Sultan continues to wield power under a long-standing state of emergency imposed in 1984.
There are no provisions protecting freedom of speech in the constitution or laws. Long-standing emergency powers are used to restrict the right to assembly. The law does not provide for freedom of association and there are no human rights groups in the country. A few domestic organisations work on humanitarian issues, such as assistance for victims of domestic violence or provision of free legal counsel.
Expression
Restrictive laws highlighted around UN review
Ahead of Brunei’s Universal Periodic Review of its human rights record at the UN Human Rights Council in November 2024, UNESCO noted that the Constitution of Brunei Darussalam, revised in 2011, did not contain any articles or provisions on freedom of expression or press freedom, which were limited in Brunei Darussalam through various pieces of legislation.
It also noted that the Sedition Act included a penalty of up to three years of imprisonment for publishing materials with seditious intent. The Undesirable Publications Act empowered the minister to prohibit the importation or sale of publications deemed to be against public interests.
Further, the country’s Penal Code criminalised defamation with sentences of up to five years’ imprisonment and the Broadcasting Act of 1997 empowered the minister responsible for the broadcasting sector to exercise licensing and regulatory functions in respect of broadcasting services and industry. The Local Newspapers Order (1958/2001) made obtaining annual publishing permits from the Minister of Home Affairs mandatory for starting a newspaper, which could be refused, suspended or revoked without giving a reason and without judicial review.
At the review there were calls by numerous countries to respect and protect expression. They include recommendations to ratify the International Covenant on Civil and Political Rights (Malta, Chile, Luxembourg, Mexico, US, Switzerland, Namibia and Spain).
There were also calls to revoke restrictions on freedom of expression of private and public faith, including the open, public celebration of religious and cultural festivals (United Kingdom of Great Britain and Northern Ireland); amend the Sedition Act, the Harmful Publications Act and the Local Press Ordinance in accordance with its international human rights commitments (Spain) and to adopt a freedom of information law in accordance with international standards (Kingdom of the Netherlands).
They were also recommendations to develop a timeline for concluding the state of emergency and the restrictions it imposes on freedom of expression and association (Australia and Ukraine).
The UPR will be adopted in March 2025 when Brunei will have to decide on the recommendations it has received.
Peaceful Assembly
March in solidarity with Palestine
People of Brunei, resident diplomats hold rally in support of Palestinehttps://t.co/UmQnzm1ra5 pic.twitter.com/jlixSt7YMN
— IRNA News Agency (@IrnaEnglish) November 27, 2024
In a country where demonstrations are severely restricted, over 5,000 participants joined the Palestine Solidarity Walkathon on 24th November 2024 at Dermaga Diraja in the capital Bandar Seri Begawan. Organised by Big BWN Project and Palestine Poppies with support from Brunei youth council, the event aimed to show solidarity for Palestinians in Gaza.
The march commenced at 6.30am and covered a 1.7 kilometre route around the Bandar Seri Begawan landmarks. Participants included members of the diplomatic community, families, students, and individuals of all ages.
The march concluded with brief speeches from the organisers and a moment of silence in memory of the victims of Palestine.