LGBT Rights: Brunei

Fabian Hamilton Excerpts

Wednesday 10th April 2019 Westminster Hall

[Fabian Hamilton (Leeds North East) (Lab)]

I congratulate my hon. Friend the Member for Bristol West (Thangam Debbonaire) on bringing this debate to us today, and I thank my colleagues, my hon. Friends the Members for Plymouth, Sutton and Devonport (Luke Pollard), for Merthyr Tydfil and Rhymney (Gerald Jones) and for Rhondda (Chris Bryant), and the hon. Member for Gloucester (Richard Graham), for their excellent contributions.

Brunei is a country with a population of 420,000 people and is by some estimates the fourth richest country per capita in the world. It has been fully independent of the United Kingdom only since 1984. Its ruler, Sultan Hassanal Bolkiah, is an absolute monarch and rules absolutely; he is also the country’s Prime Minister. This year Brunei became the first east Asian country to adopt strict sharia law. As we have heard today, those laws violate international human rights including the right to life and freedom from torture. They violate certain conventions to which Brunei is a party, including the conventions on the rights of the child. Under international human rights law, corporal punishment in all its forms, such as stoning, amputation or whipping, constitutes torture or other

“cruel, inhuman or degrading…punishment”,

which is prohibited in all circumstances. The United Nations High Commissioner for Human Rights, Michelle Bachelet, stated recently:

“Any religion-based legislation must not violate human rights, including the rights of those belonging to the majority religion, as well as of religious minorities and non-believers”.

Brunei has not executed anyone since 1957, but it has now become one of only seven countries in the world that punish consensual homosexual acts with the death penalty. We know that these new laws target some of the most vulnerable people in Brunei society. They also place restrictions on Muslim women who want to escape violent marriages.

The UK and Brunei have historically long ties; in 1888 Brunei became a British protected state and it was the only Malay state that chose to remain so in 1963, only gaining independence in 1984. The British Army has maintained a Gurkha battalion—currently about 2,000 personnel—in Brunei since 1962, and as we know, Brunei is a member of the Commonwealth. Commonwealth Secretary-General Baroness Patricia Scotland stated recently that the new laws

“will potentially bring into effect cruel and inhuman punishments which contravene international human rights law and standards”.

The Government have stated that they have a good relationship with Brunei, which allows them to have “frank conversations”—a term often used in circumstances such as this—but has not called for Brunei to be suspended from the Commonwealth. The Government have said that

“threatening to kick countries out of the Commonwealth”

is not the “best way” to encourage Brunei to uphold its human rights obligations. I ask the Minister: why not? The scale and brutality of this attack on universal human rights by a friend and close ally of this country should not be without consequence. What action do the Government intend to take to persuade the Sultan of Brunei to rescind these laws, which are an attack on those who only wish to express their love for another human being? What can the Government do to ensure that half the population of that country, its women, do not have to put up with further suffering under the law simply because of their gender—especially those women who are trying to escape violent marriages?

Human rights are universal; Labour Members and, I am sure, every Member of the House of Commons and House of Lords believe that human rights are indivisible. We must ensure that, as a nation with an important and influential place in the world, we uphold those rights wherever they are challenged in today’s world. I hope the Minister can answer some of these questions.