LGBT Rights: Brunei

Debate between Thangam Debbonaire and Bob Stewart

Wednesday 10th April 2019 Westminster Hall

[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 I am also pleased to note that, despite things going backward in many parts of the world, India recently repealed section 377 of the Indian penal code, introduced by the British under colonisation, which criminalised sex between people of the same sex.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.

--- Later in debate ---

[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.