LGBT Rights: Brunei

Thangam Debbonaire Excerpts

Wednesday 10th April 2019 Westminster Hall

[Thangam Debbonaire (Bristol West) (Lab)]

I beg to move,

That this House has considered LGBT rights in Brunei.

It is a pleasure to serve with you in the Chair, Mr Hollobone. I am glad that so many right hon. and hon. Members have been able to come today, because this is an important topic that is dear to our hearts and those of our constituents.

As Members will know, last week the Sultan of Brunei implemented the third phase of the sharia penal code—the SPC—which was first introduced in 2014. This phase of the code’s implementation licenses brutal executions and violent punishments of lesbian, gay, bisexual and transgender people, including death by stoning, effectively just for living their sexual identity. As a result, Brunei is now the eighth country that can punish consensual same-sex relationships with the death penalty. It also punishes women for abortion, which is a health matter, and anyone for sex outside of marriage, which is a private matter.

Last week in the House, the Minister gave a welcome statement about this situation. However, he said that the UK has a “close friendship” with Brunei as a result of our long-standing military and strategic partnerships, which I understand. He also mentioned Brunei’s membership of the Commonwealth. I believe that that relationship gives the UK special responsibility to act against this violation of human rights, which has implications for people both within and beyond Brunei. I will return to that point later.

[Caroline Lucas (Brighton, Pavilion) (Green)]

I congratulate the hon. Lady on securing this vital debate. When I clicked on the Commonwealth’s website this morning, the strapline that came up was “53 countries working together to…celebrate diversity” and to “protect human rights”. Given the situation in Brunei, which, as the hon. Lady says, is appalling, and the fact that same-sex consensual sex is criminalised in 35 of the 53 Commonwealth countries, does she agree that Britain must raise this issue at the forthcoming Commonwealth meeting?

[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.

[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.

[Bob Stewart (Beckenham) (Con)]

I have had dealings with Brunei for a very long time, in so far as I know the people there. What I do not understand is how anyone as civilised and used to working in the west as the Sultan and the people around him would even contemplate being so barbaric. That is the big question: why are they doing this stupidity?

[Thangam Debbonaire]

The hon. Gentleman is absolutely right. I am also baffled—why do this? I hope the Foreign Secretary will be able to use the Commonwealth Ministerial Action Group later this month as a place to talk openly, frankly, but firmly to the Sultan’s representatives and ask that very question.

[Stephanie Peacock (Barnsley East) (Lab)]

I congratulate my hon. Friend on securing this important debate. It is outrageous what is going on. Does she agree that the Government should review the deployment of our troops to Brunei?

[Thangam Debbonaire]

I would certainly like us to use the fact that we have troops in Brunei as a measure of leverage. I understand the strategic position that those troops hold, but it is important that we do not just give troops unconditionally when the nation of Brunei and the Sultan are benefiting from those troops.

[Jo Stevens (Cardiff Central) (Lab)]

Last September, a Defence Minister confirmed to me in a written answer that Brunei’s armed forces had had UK military training during the previous 12 months—2017-18. Does my hon. Friend agree that we should make the case for there being no further military training for Brunei until this issue is resolved?

[Thangam Debbonaire]

That is certainly a way of using our position of influence. I ask the Minister to consider that, and to talk to his colleagues in the Ministry of Defence about how we are deploying our military, to what purpose and whether that is appropriate given the Brunei state’s attitude towards lesbian, gay, bisexual and transgender people. I contend that it is not appropriate, and I really would like the Minister to consider talking to his colleagues about that.

[Neil Gray (Airdrie and Shotts) (SNP)]

I commend the hon. Lady for securing the debate. Is she aware of the petition started by my constituent Sarah Quinn, who is a brilliant counterpart of mine in the Scottish Youth Parliament? Her petition calls on the UK Government to do more to use their influence to stop human rights abuses against LGBT people in Brunei. The petition is just 16,000 signatures short of the 100,000 it needs to secure an even longer debate on this subject, so will the hon. Lady encourage others to sign it?

[Thangam Debbonaire]

I congratulate the hon. Gentleman’s constituent on taking that step. It is great to see such campaigning by young people, and I certainly encourage everyone who watches or hears about this debate to take that sort of action and to show the Government, who I believe agree that this is an egregious breach of human rights, that we want them to take firm action. This is not good enough. An abuse of human rights anywhere is an abuse of human rights for us all; it is an attack on all of us.

As was mentioned, Brunei is a strategic partner of the UK in the region, and we have close military, diplomatic and economic ties. I would like us to make use of those ties as a form of leverage. On military ties, as others mentioned—I will try not to repeat what they said—the British Army in Brunei comprises an infantry battalion of Gurkhas and an Army Air Corps flight of Bell 212 helicopters. That arrangement has been periodically renewed since 1962 by a series of agreements known today as the Brunei garrison agreement, the most recent of which was signed in 2015 and lasts until 2020. I understand that the Ministry of Defence has already begun discussions about the continuation of that agreement. Will the Minister communicate my hon. Friends’ suggestions to the Ministry of Defence for consideration in negotiations about the future of that agreement?

Since 1997, the garrison in Brunei has been the only remaining British military base in the far east. Obviously, we want to keep our strategic influence there. However, the continued presence of British armed forces in Brunei offers clear defence and security benefits for the Sultan—the Sultan wants us there too. According to the UK Defence Journal, Brunei

“sees Britain as its biggest European ally to count on if necessities arise”,

and

“the UK is expected to be prepared to support Brunei against an expansionist China; not mentioning the British role as a political ‘stabiliser’ for the Sultan.”

What can be given can also be taken away, and we can use the possibility of its being taken away. I understand the need for us to have geopolitical influence in the region, but that influence is morally bankrupt if we do not use it for good.

On economic ties, the Institute for Public Policy Research estimates that there are around 6,400 British citizens in Brunei. Around 2,000 are military personnel or civil servants attached to the British Forces Brunei base, but 60% of Brunei’s GDP is derived from oil and natural gas, so many British citizens work for Brunei Shell Petroleum and in related industries and businesses. I am concerned about what is happening to UK citizens in Brunei.

There are also trade links. Neither the UK nor the EU currently has a free trade agreement with Brunei, but Brunei is a member of the comprehensive and progressive agreement for trans-Pacific partnership, a trade agreement between 11 countries in the Asia-Pacific region. Brunei does not appear to have ratified that agreement yet, but the Department for International Trade is currently consulting on a possible future free trade agreement between the UK and the CPTPP. That is one of four consultations on possible future trade deals happening now, the others being with the US, Australia and New Zealand. The question is how we use our influence. Will the Minister talk to his colleagues in the Department for International Trade about how human rights can and must be integrated into the conditions for trade?

We must ask how we can use our influence not only directly with Brunei but with other nations. This morning, I met activists in UK civil society, who urged thoughtfulness and caution, and asked us to listen to the voices of Brunei civil society—particularly to the voices of lesbian, gay, bisexual and transgender people in Brunei. This is difficult, because the voice of civil society is not strong in Brunei, and neither is the voice of lesbian, gay, bisexual and transgender people. We will need to do some work to allow it to be heard.

There has also been a lot of press about boycotting the Dorchester—I am not in a position to boycott something I cannot afford.

[Christian Matheson (City of Chester) (Lab)]

Is my hon. Friend aware that this afternoon the Police Federation has announced that it will boycott the Dorchester for its police bravery awards? Will she join me in congratulating the Police Federation and hoping that other organisations will follow suit?

[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?

[Bob Stewart]

One thing we cannot know about, but I bet happens, is the influence of our royal family, who I know feel very much as we do and will be outraged. I am quite sure that some of the younger members of the royal family will be having words about this subject.

[Thangam Debbonaire]

I do not think I can comment on the views of members of the royal family, but I thank the hon. Gentleman for his intervention. I want the UK Government to take a leadership role in the world on the human rights agenda. It is clear to me that the UK Government have a specific role in correcting injustice everywhere. Whether or not we exercise that responsibility will say a great deal about how we want to be seen in the world and by our own lesbian, gay, bisexual and transgender people here in the UK.

I do not want my lesbian, gay, bisexual or trans constituents, friends or colleagues, or anyone in the UK, to live in fear anywhere. I do not want my country to be complicit in turning a blind eye to state-sanctioned persecution in a nation where we have a military presence and that we would consider to be friend.

[Ged Killen (Rutherglen and Hamilton West) (Lab/Co-op)]

Clearly, this is brutality at the very extreme end of the spectrum. However, it should not have to get to that point before we take LGBT rights seriously. My hon. Friend is talking about the UK. The Government are turning a blind eye to LGBT rights here in the UK, by denying the extension of equal marriage rights to Northern Ireland. Surely we have to get our own house in order if we are to be an effective voice on the international stage.

--- Later in debate ---

[Thangam Debbonaire]

My hon. Friend makes an excellent point, which I agree with, although obviously that is not in the Minister’s portfolio. If we are to have true moral authority, we need to make sure that we have equal rights for every one of our citizens, everywhere in the United Kingdom.

I have said what I do not want, but what I want is for my constituents, my friends, my colleagues, and everyone in the UK—every single person, whether they are lesbian, gay, bisexual or trans, or a different sexuality—to be able to travel and work freely and to enjoy the same rights and freedoms as everybody else. I want lesbian, gay, bisexual and trans people to be able to visit countries and take up employment or study opportunities anywhere they want, without having to check the Foreign and Commonwealth Office’s website to see if it would be safe for them to do so. It does not feel okay that my friends, my staff or my constituents have to check whether it is safe to fall in love, travel with their partner, or live in a way that expresses their true gender identity or sexuality, wherever they choose to live, work or visit.

At this terrible moment for Brunei’s lesbian, gay, bisexual and transgender people, the UK Government have a responsibility to stand up and be counted. I urge the Minister to do everything in his power to take this opportunity to show the cross-party strength of feeling, which I hope he understands and absorbs, as I believe he does, and show the world that Britain will not tolerate attacks on anyone’s human rights—on the human rights of entire sections of the population—simply for being who they are and loving who they love.

[Several hon. Members rose—]

--- Later in debate ---

[Thangam Debbonaire]

I thank all right hon. and hon. Members who have taken part in the debate verbally or by being present in support. I also thank the Front-Bench spokespeople and the Minister, who responded to some of my points, for which I am grateful, although he should expect a strongly worded letter from me. I would like to know more about what happens when he and his colleague meet ministerial colleagues from Brunei tomorrow. I will also write to him with a list of everything that was raised in the debate to ask if he could respond, because I understand that that is not always possible in so short a debate.

The Minister mentioned friendship. If a friend of mine suddenly decided that it was okay to torture gay people, I would have to talk to them about the nature of friendship, whether they valued my friendship and what price that friendship had for them. I would like the Minister to take that sentiment away. I understand friendship, but we have to be more than just a critical friend who expresses concern; we need to move beyond expressions of concern and outrage to actual action. I want him to understand the strong feeling in the Chamber and beyond the House, and that I speak for an awful lot of people when I say that we do not just want expressions of concern or warm words, welcome though they may be. We want action.

I urge the Minister to take that metaphor of friendship away with him and to think about what he would do if a friend of his was threatening to stone gay people. He would want to know that his friendship mattered more, and he would want to use that friendship as a position of influence. I thank all hon. Members for participating.

Question put and agreed to.

Resolved,

That this House has considered LGBT rights in Brunei.