LGBT Rights: Brunei

Chris Elmore Excerpts

Wednesday 10th April 2019 Westminster Hall

[Thangam Debbonaire]

I absolutely agree, and I thank the hon. Lady for her intervention. Later in my remarks, I will emphasise that Britain’s position in the Commonwealth gives us a position of leadership that we must act upon. Brunei is only one of the countries that are behaving in an egregious manner towards people because of their sexuality, and I would like us to use our influence.

[Chris Elmore (Ogmore) (Lab)]

I congratulate my hon. Friend on securing this debate. Last November, I was privileged to visit Rwanda with the Commonwealth Parliamentary Association, where there are also questions about LGBT legislative equality. Surely the role of the British Government, and the Foreign Office in particular, is to provide challenge within the Commonwealth and to promote the idea that if a country is a member of the Commonwealth, it must advocate the equality legislation that the UK Government and other members of the Commonwealth partake in. It is simply unacceptable in 2019 for these barbaric acts to be undertaken against people who are LGBT, purely on the basis of the way they were born.

[Thangam Debbonaire]

I thank my hon. Friend for that intervention. He is absolutely right, and I would like the Minister to urge his colleague, the Foreign Secretary, to use his position in the Commonwealth. I will return to that issue later.

I will set out the dangers that the penal code poses for lesbian, gay, bisexual and transgender people in Brunei and outside, and also for other women. I will also identify how I believe Brunei benefits from its association with the UK through military, diplomatic and economic relationships. Finally, I will press the Minister on the ways in which this country can bring its influence to bear on Brunei. I have some specific suggestions for action that I would like him to consider.

First, I thank the all-party parliamentary group on global lesbian, gay, bisexual, and transgender rights—particularly Anna—the Brunei Project, the Kaleidoscope Trust, the Human Dignity Trust, Stonewall, ForcesWatch, the House of Commons Library, and others for having provided briefings for this debate. I also thank the parliamentary Digital Engagement Programme, which has brought members of the public into this discussion in a way that I never knew about. Because of that programme, the House of Commons Facebook post on this topic was seen by 35,435 accounts between 5 and 9 April. There were 6,061 post-clicks and 1,275 engagements, including reactions, comments and shares, and the post prompted 20 private messages to that Facebook page. I will refer to some of those comments and suggestions during my speech.

The Government of Brunei, as part of an increasing trend towards religious conservatism, introduced the SPC in 2014. It applies to both Muslims and non-Muslims, although the latter group is exempt from certain sections, and operates in parallel with common law inherited from British rule, which the Bruneian Government have said continues to be the primary means of administering justice. Punishments that came into effect with the implementation of phase 3 of the SPC include death by stoning for adultery, sodomy or extramarital sexual relations by Muslims, public flogging as a punishment for abortion, sex between women or consumption of alcohol, and amputation of limbs for theft. The SPC also criminalises trans people through charges of “indecent” dressing.

Homosexuality was already illegal in Brunei, but the third phase of the SPC increases the sanctions, which are barbaric in themselves. They are punishments for love, for private matters and for health matters, not for anything that any country with a legal framework based on human rights should count as crimes. Last week, the Minister rightly noted that there is an evidential bar, such as requiring four witnesses for some acts, and said that that bar is high and could therefore mean low use, if any, of these punishments. However, there is an alternative, which is confessions, and I am worried that coercion may be used to push people into confessing. For my money, a high evidential bar does not make anything better; the punishment is still on the statute book.

The Brunei Project, a human rights campaign, has stressed the intersectional implications of the SPC, with its attacks on rights to freedom of expression, religion and belief, and noted that the SPC laws also codify discrimination against woman and girls. Human Rights Watch says that the SPC has further implications for women and will make it difficult for Muslim women in particular to escape violent marriages or seek employment opportunities. As I have mentioned, there are also the punishments for abortion and adultery.

Why should the legal system of a far-away country matter to any of us here? Well, both Bristol West and the UK are diverse and home to an international community, including a large student population. Lesbian, gay, bisexual and transgender people come to Bristol and the UK from all over the world, and there will be Bristolians who come from, live in or work in Brunei who will be affected by the SPC. They want to see us fight this assault on their rights. Local people with no direct connection to Brunei are also rightly concerned about this erosion of human rights. They, I, and all hon. Members here want a world in which human rights—including those of lesbian, gay, bisexual and transgender people—are respected everywhere.

--- Later in debate ---

[Thangam Debbonaire]

I thank my hon. Friend very much for that intervention, because it brings me to my next point. I might not be able to afford to stay at the Dorchester, but I can talk to organisations that use the services of other organisations about how we all make our own decisions about how we spend our money and where we bring our trade and business. I want companies with interests in Brunei to think about their influence, but also, crucially, about the safety of their staff there. I understand concerns about economic boycotts, and I also understand the need for us to have a relationship with Brunei. I do not want Brunei to feel cornered, because dialogue is essential, but I want it to feel encouraged to change its mind and do the right thing.

Friendship has limits. We need to show how we feel when our allies or associates treat their own citizens’ human rights, and potentially ours, as optional. I have various things that I want to ask the Minister. I will start with the members of the public who, via the parliamentary digital engagement team’s work on the Commons Facebook page, gave various views—this is not a statement of endorsement, but of representation. Their views included taking away the Sultan of Brunei’s honours; freezing his assets; boycotting his businesses; suspending Brunei from the commonwealth; guaranteeing assistance and/or asylum to all persecuted lesbian, gay, bisexual and transgender Bruneians; withdrawing military support; and recalling the British ambassador to Brunei. It would be good for the members of the public who contributed those ideas to have them at least considered by the Minister. Many respondents rightly pointed out that several of Britain’s other allies have similarly egregious human rights records, and that Government policy should apply consistently to them, too. Some respondents said that the UK should not interfere with the laws of another country and should focus on its own issues—I represent this, even though I do not agree with such a view.

I would like the Minister to consider diplomatic pressure. What steps have the Government already taken to convince the Sultan of Brunei and his Government to repeal the SPC? What representations have the Minister or his colleagues made on the UK’s commitment to securing human rights internationally for lesbian, gay, bisexual and transgender people and for women? Have the Government considered the full range of diplomatic sanctions, and if so, can the Minister tell us more about that? What consideration has the Minister made of sanctions or actions against similar regimes with similarly abhorrent legal frameworks?

What contact has the Minister or his colleagues in the Department for Business, Energy and Industrial Strategy had with businesses that have employees or representation in Brunei? What support is being offered to UK citizens in Brunei? If state sanctions are being considered by this Government, what consultation is being carried out with civil society in Brunei on the impact of those sanctions and how to make them most effective?

I reiterate what I mentioned earlier. Will the Minister ask his colleague the Foreign and Commonwealth Secretary—I emphasise the word Commonwealth—to ensure that equality briefings are provided to all attendees at the meeting of the Commonwealth Ministers Action Group in London this month, and to help to give civil society activists a voice at that meeting? Will he ask the Foreign and Commonwealth Secretary to do everything he can to create a constructive atmosphere for dialogue with Ministers from Brunei, in which the voices of lesbian, gay, bisexual and transgender people are heard?

[Chris Elmore]

My hon. Friend will obviously be aware that the next Commonwealth Heads of Government Meeting will be held in Kigali in about 18 months’ time. Perhaps I could suggest to the Minister that an agenda item on equality and LGBT legislation could be developed for that Commonwealth summit, where Rwanda will take over the chair. While we in the United Kingdom have the chair, this issue should be very much at the top of all the agendas of Commonwealth Ministers.

[Thangam Debbonaire]

I thank my hon. Friend for that intervention. [Interruption.] I am hearing a colleague say from a sedentary position that LGBT rights was an agenda item last time, and my concern is that this influence is used as strongly as possible. It feels like we are in danger of going backwards, which is not okay. It is not good enough.

I would also like to refer the Minister to my question from last week, on which I hope he will show me a little patience—I kind of sprung it on him. It is a very techy question, but I hope he might be able to update us. Article 1 of the United Nations convention against torture and other cruel and unusual punishments prohibits the use of intentionally inflicted pain as a form of punishment inflicted by a state action. I think we both agree that that covers this situation. However, the UK has agreed to that convention, so we are also bound by article 3, on refoulement, which means that we should not return, expel or expedite anyone to another country if there are substantial grounds for believing that that person will be in danger of being subjected to such cruel and unusual punishment or torture. What discussions has the Minister had since I raised this matter with him last week with his counterparts in other Departments, such as Justice, about ensuring that we abide by the principle and practice of article 3?

In relation to asylum, as my hon. Friend the Member for Sheffield, Heeley (Louise Haigh) said, there is deep concern among lesbian, gay, bisexual and transgender people in the UK that the Home Office does not understand the risks that people seeking asylum in the UK face if they are returned to their home countries where they are at risk of persecution because of their sexuality. As chair of the all-party group on refugees, I am concerned that lesbian, gay, bisexual and transgender people report not having their sexuality believed and that officials do not recognise that, while a specific state might be generally safe for heterosexuals, there may be a well-founded fear of persecution for lesbian, gay, bisexual and transgender people.

The UK Lesbian and Gay Immigration Group report published in 2018 found that LGBT people face insensitive questioning, that statements from partners and friends are dismissed and, further, that women asylum seekers face even more scrutiny than men. Home Office data show that, of the asylum claims made between 2015 and 2017 based on a fear of persecution because of sexual orientation, only a quarter were approved. What assurances can the Minister give those seeking asylum in the UK from Brunei—or any other country where this applies—for protection from any aspect of the SPC? What discussions has he had with his counterparts in the Home Office about that? Will he undertake to have such discussions?

Finally, the Minister has a crucial role in talking to colleagues across Government on instilling ethics in defence and trade contracts. The maintenance of the defence presence in Brunei is obviously of regional importance, but in this context the British presence in Brunei is also a political statement. Will the Government commit to using their leverage to secure full human rights for LGBT people and women in Brunei as part of the negotiations over the renewal of the garrison agreement?

To conclude, I applied for this debate because, like many hon. Members and members of the public, I am outraged that Brunei has introduced a penal code that sanctions such appalling violence on its people—as well as ours—contrary to international law and a human rights-based framework. I am disappointed, as the hon. Member for Beckenham (Bob Stewart) said, that the Sultan has chosen to go down this route. It is not necessary. This is a test for the Commonwealth. Will the Minister ask the Foreign Secretary to ensure that every piece of Commonwealth pressure can be brought to bear on the situation?