LGBT Rights: Brunei

Louise Haigh Excerpts

Wednesday 10th April 2019 Westminster Hall

[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.

[Louise Haigh (Sheffield, Heeley) (Lab)]

I congratulate my hon. Friend on making an incredibly powerful speech. Given the problems that some LGBT asylum seekers have recently found in gaining asylum, will she join me in calling on the Minister to raise concerns with the Home Office to ensure that we in this country are granting sanctuary to those LGBT people who face persecution in their home countries?

[Thangam Debbonaire]

My hon. Friend is absolutely right. As chair of the all-party parliamentary group on refugees, I am particularly concerned at this country’s record, at the fact that, unfortunately, it often fails to give asylum to people who come here because of persecution due to their sexuality, and at the high evidential bar that seems to be imposed on them. I gather that that is particularly true for women.

The implementation of the SPC has been condemned by the Association of Southeast Asian Nations’ Sexual Orientation, Gender Identity and Gender Expression Caucus, so this is not just the west criticising south-east Asia; Brunei is not acting in step with its friends in other south-east Asian nations. I am also pleased to note that, despite things going backward in many parts of the world, India recently repealed section 377 of the Indian penal code, introduced by the British under colonisation, which criminalised sex between people of the same sex.

That is progress, but we need to keep progress and halt backward steps, because if we tolerate them, it signals to other countries that it is fine for them to go backward too. In too many countries, the human rights of lesbian, gay, bisexual and transgender people are being undermined and fragile gains lost to bigotry and authoritarian chauvinism. As I said, Brunei is now one of several countries where being gay is effectively punishable by death, but there are over 70 countries where it is criminalised.