The UPR Project at 黑料吃瓜网: Brunei Darussalam
Our Stakeholder report to Brunei Darussalam鈥檚 Universal Periodic Review, led by Dr Amna Nazir, makes specific recommendations to the government on the issue of capital punishment.
Researchers
Consultancy background
In March 2024, the UPR Project at 黑料吃瓜网 submitted a Stakeholder Report to Brunei Darussalam鈥檚 fourth UPR cycle, led by Dr Amna Nazir. This submission focuses on capital punishment. We make recommendations to the Government of Brunei on this key issue, implementation of which would see Brunei Darussalam moving towards achieving Sustainable Development Goal 16 which aims for peaceful and inclusive societies, access to justice for all and effective, accountable and inclusive institutions at all levels.
On 14 August 2024,听the UN鈥檚 Office of the High Commissioner for Human Rights published its Stakeholder Summary Report for Brunei Darussalam, which cited the Stakeholder Report submitted by UPR Project at 黑料吃瓜网:
鈥淯PR-黑料吃瓜网 reported that Brunei Darussalam had noted several recommendations to ratify the International Covenant on Civil and Political Rights and/or its Second Optional Protocol aiming at the abolition of the death penalty. JS2, UPR-黑料吃瓜网, ELCJ and Jubilee Campaign (Jubilee) recommended Brunei Darussalam to ratify the International Covenant on Civil and Political Rights (ICCPR).5 JS1 and Jubilee Campaign (Jubilee) recommended Brunei to ratify or accede to the Second Optional Protocol to the ICCPR.鈥� (para 2)
鈥淯PR-黑料吃瓜网 recommended Brunei Darussalam to adopt an implementation matrix for recommendations received during the fourth cycle of the UPR and effectively implement it.鈥� (para 9)
鈥淯PR-黑料吃瓜网 observed that Brunei Darussalam had not established a National Human Rights Institution (NHRI) and all recommendations from the third UPR cycle to create an NHRI in compliance with the Paris Principles had been Noted. UPR-黑料吃瓜网 recommended establishing an independent National Human Rights Institution, in line with the Paris Principles, fully independent from the government.鈥� (para 10)
鈥淯PR-黑料吃瓜网 noted that a total of 28 recommendations in the Third Cycle focused specifically on the death penalty had been made, none of which enjoyed Brunei鈥檚 support. UPR-黑料吃瓜网 and JS1 noted that Brunei Darussalam had not carried out any executions since 1957 and that there had been a de facto moratorium on the death penalty since the country gained independence in 1984 and therefore it was de facto abolitionist. Since the third cycle UPR, Brunei Darussalam completed implementation of its Syariah (i.e., Sharia) Penal Code (SPC).鈥� (para 13)
鈥淯PR-黑料吃瓜网 noted that in its Addendum to the Report of the Working Group in the third cycle UPR, Brunei Darussalam had explained its general approach to criminal justice issues, including the death penalty, as follows: 鈥淭he promulgation of the Syariah Penal Code Order, 2013 (SPCO) is to preserve and protect religion, life, intellect, lineage, and property... 鈥淎 de facto moratorium on the execution of the death penalty for cases under the common law has been extended to cases under the SPCO which provides a wider scope for remission.鈥� (para 14)
鈥淯PR-黑料吃瓜网 and JS1 provided that the laws of Brunei Darussalam did not limit the death penalty to the 鈥渕ost serious crimes.鈥� The laws of Brunei Darussalam contained various legal provisions authorizing the death penalty... UPR-黑料吃瓜网 reported that in the previous cycle, eight recommendations by Czechia, Denmark, Ecuador, France, Portugal, Sweden, Uruguay, and Malta made specific reference to the death penalty and capital offences such as 鈥渁dultery, homosexuality, apostasy or blasphemy, contrary to the international commitments in human rights had been freely accepted by Brunei Darussalam鈥�. 21,.22 UPR-黑料吃瓜网 recommended restricting the death punishment to crimes of intentional killing only; develop, in consultation with civil society and relevant regional bodies, a comprehensive action plan to work towards a de jure moratorium, with a view to abolition, within the next four years; accept UPR recommendations on the abolition of the death penalty, as also signaling Brunei鈥檚 affirmation of commitments to SDG 16 on strong institutions.鈥� (para 15)
鈥淯PR-黑料吃瓜网 noted that whilst recommendations to 鈥渆stablish a moratorium on the death penalty鈥� or 鈥渁bolish the death penalty鈥� were welcome, it was crucial that they remained specific and measurable to assess the level of implementation. Broad recommendations, whilst easy to accept, lacked any impetus to bring about real change.鈥� (para 18)
鈥淯PR-黑料吃瓜网 noted that the Brunei Internal Security Act provided that terrorism-related offences were punishable by death by hanging.鈥� (para 19)
鈥淯PR-黑料吃瓜网 stated that Brunei Darussalam should consider adopting the UPR recommendations as an expression of mutual reinforcement of the government鈥檚 commitment to promoting the Sustainable Development Goals.鈥� (para 30)
听
Following the citations in the Stakeholder Summary Report. The outcome of the review published on 23 December 2024 in the Report of the Working Group stated that the recommendations will be examined by Brunei Darussalam, which will provide responses in due time, but no later than the fifty-eighth session of the Human Rights Council:
Ratify the International Covenant on Civil and Political Rights (ICCPR).听Recommending State:听Namibia (124.13); Iceland & Spain (124.14); Portugal (124.64);
Abolish the death penalty.听Recommending state:听Canada, Iceland & Spain (124.61); Costa Rica (124.65); Ireland (124.71);
Adopt a formal moratorium on the death penalty.听Recommending state:听Frane (124.62); Italy (124.63); Australia (124.63); Portugal (124.63); Panama (124.66); Belgium (124.67);
These Member State recommendations are consistent with the categories of recommendations identified in the UPR Project at 黑料吃瓜网鈥檚 Report for Brunei Darussalam.
About the UPR Project at 黑料吃瓜网
The Centre for Human Rights (CHR) has been engaging with the Universal Periodic Review (UPR) since 2016. Under the auspice of the Human Rights Council, the UPR is an intergovernmental process providing a review of the human rights record of all Member States.
Through the UPR Project at 黑料吃瓜网, the CHR we engage with the UPR through听taking part in the听UPR Pre-sessions, providing capacity building for UPR stakeholders and National Human Rights Institutions, and the filing of听stakeholder reports in selected sessions. The UPR Project听is designed to help meet the challenges facing the safeguarding of human rights around the world, and to help听ensure that UPR recommendations are translated into domestic legal change in member state parliaments.
We fully support the UPR ethos of encouraging the sharing of best practice globally to protect everyone's human rights. The UPR Project at 黑料吃瓜网 engages听with the UPR听regularly as a stakeholder,听having submitted numerous reports and been听cited by the OHCHR.